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HomeMy WebLinkAbout09-15-1993 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, September 15, 1993 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting Pledge of Allegiance 1. ROLL CALL Councilmembers Present: Kohler, Anderson, Monia, Vice Mayor Burger Councilmembers Absent: Mayor Tucker Staff Present: City Manager Peacock, Deputy City Attorney Kathleen Faubion Since Mayor Tucker was absent, Vice Mayor Burger presided. She recognized Mr. Scott Chapman, City Manager, City of Ringwood, Australia. Mr. Chapman stated he is part of the International City Manager's Exchange Program and will be spending one month in America studying Local Government. He noted City Manager Peacock will be visiting Australia in February to study Australian Government. He stated he has had a very warm welcome and enjoyed his visit. He added, on behalf of the City of Ringwood, Victoria, Australia, he would like to present a plaque to the City Council. 2. CEREMONIAL ITEMS A. Resolution appointing Biester, Fredrick and Hexamer to Public Safety Commission MONIA/ANDERSON MOVED TO ADOPT A RESOLUTION 93-041 APPOINTING BIESTER, FREDRICK AND HEXAMER TO THE PUBLIC SAFETY COMMISSION. PASSED 4-0-1 (Tucker absent) B. Administration of Oath of Office to above C. Presentation of Award of Financial Reporting Achievement to Finance Director Vice Mayor Burger presented the award to Patricia Shriver, Finance Director. D. Proclamation on Pollution Prevention Week MONIA/ANDERSON MOVED TO ADOPT A PROCLAMATION ON POLLUTION PREVENTION WEEK. PASSED 4-0-1 (Tucker absent). 3. ROUTINE MATTERS A. Approval of Minutes - 9/1; 9/7 Councilmembers Monia and Anderson made the following changes to the minutes of 9/1: Page 10, 2nd paragraph, should read "Mayor Tucker..."; 10th paragraph change the word "have" to "has" in the second sentence. MONIA/KOHLER MOVED TO APPROVE THE MINUTES OF 9/1, AS CORRECTED. PASSED 4-0-1 (Tucker absent). Mr. Bert Martel, 14420 Fruitvale Ave., addressed the minutes of 9/7, and stated there has been an increased level of activity on the West Valley College Campus. Be stated in 1991 he went to the College Governing Board and the City Council and asked them to ask their attorneys to look into the games on campus. He stated there is a discrepancy in the minutes. Mr. Martel presented his comments to staff. City Council Minutes 2 I September 15, 1993 ANDERSON/MONIA MOVED TO APPROVE THE MINUTES OF 9/7, AS PRESENTED. PASSED 4-0-1 (Tucker absent). B. Approval of Warrant List ANDERSON/MONIA MOVED TO APPROVE THE WARRANT LIST. PASSED 4-0-1 (Tucker absent). C. Report of City Clerk on Posting of Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on September 10. 4. CONSENT CALENDAR A. Previously-Discussed Items - None. Councilmember Anderson requested a moment to update the City on the Status of Hamburg, Iowa. She stated she is pleased to announce that the City shipped $6,000 worth of building materials to Hamburg. Councilmember Anderson showed a picture of a lady from Hamburg who was featured in the Saratoga News and noted a person in Saratoga bought her a refrigerator. She stated Prince of Peace Lutheran Church has adopted Assembly of God Church in Hamburg. Councilmember Anderson noted that the drinks were donated by Pepsi Cola. Councilmember Monia stated the City should thank Councilmember Anderson for her time and effort spent on this successful program for the City of Hamburg. B. New Items 3) Award of Construction Contract for Hakone Gardens Driveway Repairs to OtGrady Paving in the amount of $10,275 5) Approval of Adopt-A-Park Program 6) City Financial Reports for August a) Treasurerts Report (includes July) b) Investment Report c) Financial Report Councilmember Kohler requested the removal of item 1, Councilmember Anderson requested the removal of item 2 and Mr. Crawford removed item 4. ANDERSON/MONIA MOVED TO APPROVE ITEMS 3, 5 AND 6 OF THE CONSENT CALENDAR. PASSED 4-0-1 (Tucker absent). 1) Planning Commission Actions, 9/8 - Note and file. Councilmember Kohler stated he artended the last Planning Commission meeting and was impressed by the way the Planning Commission did business. He addressed Tract 7770 and noted Mr. Williams was in attendance and worked well with the Commission. MONIA/ANDERSON MOVED TO NOTE AND FILE. PASSED 4-0-1 (Tucker absent). 2) E1 Quito Park Reservation and Use Policy Councilmember Anderson expressed concern about prohibiting fund- raising events in this park. She noted a small fund-raiser may not impact the neighborhood. City Manager Peacock stated E1 Quito Park has no on-site parking and City Council Minutes 3 September 15, 1993 even a minor fund-raising event would be an inconvenience to the surrounding neighbors because of the parking. Councilmember Monia stated there are other facilities available in the City for fund-raising events. KOHLER/MONIA MOVED TO APPROVE ITEM 2 OF THE CONSENT CALENDAR. PASSED 4-0-1 (Tucker absent). 4) Award of Saratoga Village Sweeping Services Contract to Don and Mike's Commercial Sweeping in the amount of $7,176 City Manager Peacock stated part of the City Program involved increasing the street sweeping, particularly in the Village Area. He stated the City did open bids and the contract was awarded to Don and Mike's Commercial Sweeping. Mr. Otto Crawford, 12471 Greenmeadow Ln., expressed concern about what this contract will cover and asked who would pay for the sweeping. City Manager Peacock outlined the areas to be swept as part of the contract. He stated Village Parking District 3 will pay $150 month, which is less than the $2400 they were assessed. He noted the side streets are included in the overall landscaping and lighting district of the Village. Councilmember Anderson stated the report indicates that sufficient funds exist in both accounts to cover the cost of the contract through this fiscal year. ANDERSON/MONIA MOVED TO APPROVE ITEM 4 OF THE CONSENT CALENDAR. PASSED 4-0-1 (Tucker absent). C. Claims Against the City 1) Claim of Bloxham regarding Water Damage MONIA/ANDERSON MOVED TO REJECT THE CLAIM BECAUSE OF LATENESS. PASSED 4-0-1 (Tucker absent). 5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. REPORT FROM STAFF: FOLLOWUP ON PREVIOUS ORAL COMMUNICATIONS 1) Report from City Attorney on Method of Directly Electing Mayor 1 Deputy City Attorney Faubion reviewed the letter addressed to the Council from City Attorney Riback. She stated she will answer any questions. Councilmember Kohler questioned the process for selecting Mayor. He asked if a person was running for Mayor and lost, would he/she also lose their seat on the Council. city Manager Peacock stated if a member is running for Mayor and loses, he will also lose his seat on the Council if his term of Office expires at the same time. He stated a person can not run for two seats. He stated a person running for Mayor in mid-term, and loses, will not lose his seat on the Council. He added the voters have to choose if they want a two year or four year position. Councilmember Anderson pointed out that is too late to do this for the November election. Vice Mayor Burger stated this issue is not before the Council in a formal matter at this time. The Council discussed the action the City will have to take when City Council Minutes .4 September 15, 1993 Governor Wilson signs his bill, changing the primary to March. It was agreed that they would have a study session. B. ORAL COMMUNICATIONS Mr. Tom Reddick, 12389 Larchmont Ave., expressed concern about money being spent on Councilmembers trip to San Francisco. He suggested a Community Service Officer drive the Councilmembers to SanFrancisco and save some money. Victoria Ann Hostetter, 14563 Oak Street, stated she is a small business owner in the Village-area. She stated she has received pressure from the Community Service Officers regarding garbage and noise and she is doing her best to comply. She noted her capacity was dropped from 99 tO 75 and the noise is coming from the people outside, waiting to get into her business. She expressed concern about the street dance this weekend and asked the Council to consider raising her capacity to 85. In response to Councilmember Kohler's question, Mr. Peacock stated Ms. Hostetter should contact Mr. Curtis, Director of Community Development, regarding the issue of raising her capacity. He stated staff would have to review the Use Permit. Councilmember Monia asked if Ms. Hostetter made a formal request for the Community Service Officers and deputies to help with the noise problem. Ms. Hostetter stated the Community Service Officers and the Sheriff's Department did come by her establishment as requested by her. She noted the F~re Department came in and dropped her capacity to 75. She stated she is getting help from the Community Service.Officers and the Fire Department. Mr. Wolfandre~ Wanka, P.O. Box 628, expressed concernsabout the noise coming from Montalvo and getting no response from the Sheriff~s Department or the Community Service Officers to do a noise reading. City Manager Peacock stated that staff will review this and come back with a response. He noted the City's ordinance has not been violated, but the Court Order, under which Montalvo is operating, has been violated at lease twice this summer. Councilmember Anderson asked if the Deputy Sheriffs are oriented to the rules and regulations of the City. C. WRITTEN COMMUNICATIONS 1) Otto Crawford and Robert Canoellieri, objecting to costs of Landscaping and Lighting District Staff recommends that the City Council see the report from the Public Works Director. ANDERSON/KOHLER MOVED TO NOTE AND FILE. PASSED 4-0-1 (Tucker absent). Mr. Otto crawford, 12471 Greenmeadow Ln., stated he did talk with Mr. Perlin regarding this issue. He stated he is in support of the report, but stated, the property owners are also interested in investigating the possibility of contracting for the landscapemaintenance, as stated in paragraph 2. He feels #2 is excessive and the weekly sweeping is adequate. ~ .~ 6. OLD BUSINESS A. Cable Television Issues 1) Resolution Approving Renewal of Franchise for Cable TV Service with Brenmor Partners 2) Resolution approving a CATV Franchise Transfer City Council Minutes 5 September 15, 1993 Agreement With Brenmor Partners and Hernandez Communications, Inc. 3) 'Ordinance adopting a Cable Communications Ordinance (second reading and adoption) city Manager Peacock stated this is to formalize actionstaken by the Council at their last hearing. coLnjilmember Kohler stated he would vote no on this because of the 15 year contract. He feels the City will lose the little control it has. He also believes that this will be business as usual again and many people will dislike this. MONIA/ANDERSON MOVED TO ADOPT RESOLUTION 93-042 APPROVING RENEWAL OF FRANCHISE FOR CABLE TV SERVICE WITH BRENMOR PARTNERS. PASSED 3-1-1 (Kohler opposed, Tucker absent). MONIA/ANDERSON MOVED TO ADOPT RESOLUTION 93-043 APPROVING A CATV FRANCHISE TRANSFER AGREEMENT WITH BRENMOR PARTNERS AND HERNANDEZ COMMUNICATIONS, INC. PASSED 3-1-1 (Kohler opposed, Tucker absent). MONIA/ANDERSON MOVED TO ADOPT ORDINANCE 71-127 ADOPTING A CABLE COMMUNICATIONS ORDINANCE. PASSED 3-1-1 (Kohler opposed, Tucker absent). B. Ordinance setting Requirements for Restaurant Certification (second reading and adoption) city Manager Peacock noted this is the second reading of the ordinance which would put into place a Restaurant Certification Program to be in effect January 1, 1994. KOHLER/MONIA MOVED TO ADOPT ORDINANCE 71-128 SETTING REQUIREMENTS FOR RESTAURANT CERTIFICATION BY TITLE ONLY, WAIVING FURTHER READING. PASSED 4-0-1 (Tucker absent). 7. NEW BUSINESS A. Support for County BUS Shelter Programto Carryf Advertising - Request from Transportation Agency - Santa Clara County Staff recommends that the City Council approve the letter of support. City Manager Peacock stated he did send an informal proposal, put forth by the Transportation Agency, to the Councilmembers. He noted the proposal would more than double the number of bus shelters in the County along transit routes. He stated the basis of the program is that the cost for constructing the shelters and maintenance is paid for by the advertisements on the shelters. He stated the Transportation Agency is seeking support from Cities in which these sheliters would be placed. Councilmember Anderson stated it'is not clear if Saratoga will get any additional bus shelters. City Manager Peacock stated the only three shelters in the City are on the West Valley College Campus. He stated as time goes on, this will be expanded and there may be shelters on Saratoga-Sunnyvale Road as well as Saratoga Avenue. He stated the key question for the City Council at this time is whether or not this kind of approach is consistent with the image of the City or the image the City wishes to portray. He stated the City can still apply City standards if they do offer their support for the program. Councilmember Anderson stated from past experience, looking at the revenue generated from advertising in general, the City should question whether the amount of revenue is worth the possible aggravation of having the facilities in the City. MONIA/KOHLER MOVED TO RECEIVE AND FILE. PASSED 4-0-1 (Tucker absent). City Council Minutes .6 September 15, 1993 B. Waiver of Temporal-/ Use Permit Fee - Prince of Peace Lutheran Church City Manager PeaCock presented the staff report dated September 15, 1993. He stated the Council discussed this issue last!year and the policy has been revised since that time. Staff recommends that the indirect costs be waived. Councilmember Monia stated he has not been a supporter of a fee for this type o~ o~ganization. He asked if the Church has to apply each year. He suggested that perhaps a conditional use permit should be considered and staff should review that possibility. ==- Mr. Paul Curtis, Director of Community Development, stated it would be inappropriate to do a multiple year approval on a Temporary Use Permit. He stated they could do a conditional use permit and this could be reviewed annually by staff. He stated a Temporary Use Permit is for a specific event and for a certain time period. Ms. Marjorie Schultz, Chairperson, Social Ministry, Prince of Peace Church, stated she was disappointed that the church is being required to pay $200. She stated the temporary shelter is a different program from a Music Art Festival. She stated the rotating shelter was instigated by the Community. She stated iS not an event, but a community service, and if the City was to experience a disaster, the City would expect the Church to use their facilities without being asked for fees. She stated the Church does not make money from the shelter. She added this church is the only church in Saratoga that houses the homeless and requested the $200 be waived. MONIA/ANDERSON MOVED TO WAIVE ALL FEES INCLUDING THE DIRECT COSTS. Councilmember Anderson agreed that this is a community project and the City should support waiving all fees. Councilmember Monia stated the City should cooperate the best way they can with these type of events because they contribute to the community. Vice Mayor Burger stated she will vote in favor of the motion as this is a small amount and is a good service to the Community. Councilmember Kohler stated he would like to see this as a policy and the Church should not have to go through this yearly. He stated the City should be charitable to services such as this one. Vice Mayor Burger stated the Church may want to consider a conditional use permit and should talk to Mr. Curtis. The above motion was carried 4-0-1 (Tucker absent). C. Ravenwood Park - Capital Project No. 9114: Request for additional budget appropriation to complete project. Staff recommends that the City Council approve in concept and direct staff to prepare budget adjustment resolution. City Manager Peacock stated the report from the Public Works Director indicates the park in nearing completion, but despite donations and volunteers they are $3,100 short. He stated Mr. Perlin recommends that the City Council approve a supplemental appropriation of $3,100 to complete the project and direct staff to prepare a budget adjustment resolution to accomplish same. Councilmember Monia stated it is his understanding that $25,000 was allocated to develop half the park and with the volunteer effort and donations, they have not passed the $25,000 for the whole park. In response to Councilmember Monia's question regarding cost for inspections etc, Mr. Peacock stated the inspections are minimum. Mr. Dale Drumm, 18395 Montpere Way, stated he volunteered to be the general contractor and contract coordinator for this project. He City council Minutes 7 September 15, 1993 stated they are approximately two weeks from completing the park. Mr. Druman stated they have had over 874 volunteer hours to date, collected approximately $11,000 in material contributions and received cash contributions from the neighborhood and surrounding businesses totalling $3,770 and with this they are $3,100 from completing the entire park. He requested the City approve the funds and noted he would like to see this park completed. He stated the park is excellent and has brought the community together. ANDERSON/MONIA MOVED TO ADOPT -RESOLUTION 93-25.4' INCREASING APPROPRIATIONS AND AMENDING THE F.Y. 1994 BUDGET. Councilmember Kohler stated this is a wonderful example to everyone in Saratoga and thanked the contributors and volunteers. Vice Mayor Burger stated, although she agrees with the comments made at this meeting, she will not support the motion as it is a fairness issue. Ms. Mary-Ann Swan, Parks and Recreation Commissioner, stated it was decided by the Parks and Recreation Commission to wait until Highway 85 was complete before making improvements to Azule and Kevin Moran Parks. Councilmember Monia congratulated Mr. Drumm for his work on this project. The above motion was carried 3-1-1 (Tucker absent, Burger No). D. Memo Authorizing Publicity for Upcoming Hearings ANDERSON/KOHLER MQVED TO AUTHORIZE THE PUBLICITY FOR UPCOMING HEARINGS. PASSED 4-0-1 (Tucker absent). 8. PUBLIC HEARINGS - None. 9. CITY COUNCIL ITEMS A. Oral communications (continued) and instructions to staff regarding actions on current oral communications - None 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 Flood Control Advisory Board - Burger 7 League of Cities Peninsula Division - Tucker 8 Water District Commission - Anderson 9 Santa Clara County Cities Association - Tucker 10. Sister City Committee - Burger 11. Traffic Authority Policy Advisory Board -!Tucker 12. Transit Assist Board - Burger 13. Senior Coordinating Committee - Burger 14. West Valley Sanitation District - Burger 15. County Cities Assn. Legislative Task Force - Monia 16. Emergency Planning Council Kohler Councilmember Anderson stated she Would like a report from staff on the Direct Contact Program under this item, so the public has a chance to hear the progress. In response to Vice Mayor Burger's question, Mr. Peacock stated in talking to the Mayor, she indicated that people who make an initial effort to contact the Councilmember do not want to be referred back to staff. He expressed concern about following up on issues when they don't have a contact person. He expressed concern about a formalize report as it will require more paper work and staff time on a diminished staff. City Council Minutes 8 September 15, 1993 Councilmember Burger suggested receiving comments from the Mayor. C. General council Items 1) Agenda items for adjourned meeting 9/21 - Workshop on Open Space Element The Councilmembers discussed the possibility of interviewing the fourth candidate for the Planning Commission appointment, prior to the workshop. MONIA/KOHLER MOVED TO HAKE A DECISION ON THE APPOINTMENT OF A PLANNING COMMISSIONER AT THIS HEARING. FAILED 2-2-1 (Burger, Anderson No, Tucker absent). Vice Mayor Burger announced that the final applicant for the Planning Commission will be interviewed on September 21, 7:15 p.m. She noted if the applicant is not available at this time she will not be considered. MONIA/ANDERSON MOVED TO CONTINUE THE INTERVIEWING OF THE FOURTH APPLICANT, COMMENCING AT ?:15 P.M. ON SEPTEMBER 21, AND THAT A FINAL DECISION ON THE APPOINTMENT WILL BE HADE ON THAT EVENING. PASSED 4- 0-1 (Tuckerlabsent). In response to Councilmember Anderson's question, Mr. Peacock stated the Council has to make the decision in public, at a public meeting, but the Council can appoint by consensus. 2) Other 10. ADJOURNMENT The meeting adjourned at 9:26 p.m. to next meeting on Tuesday, September 21, at 7:15 p.m. in the Administration Meeting Room, 13777 Fruitvale Avenue. ReSpectfully submitted, Catherine M. Robillard Minutes Clerk