HomeMy WebLinkAbout02-27-1996 City Council Minutes MINUTE8
SARATOGA CITY COUNCIL
TIME: Tuesday, February 27, 1996 - 7:00 p.m.
PLACE: City Hall Administration Meeting Room, 13777 Fruitvale Ave.
TYPE: Adjourned Regular Meeting/Joint Meeting with Parks and
Recreation Commission
1. Roll Call
City Council Members Present-Mayor Jacobs, Vice Mayor Moran,
Councilmembers Burger and Tucker
Park and Recreation Commissioners Present-Chairman Clark, Commissioners
Crotty, Dutra, Swan, Weiner, Whitney
Staff Present-City Manger Peacock, Public Works Director Perlin,
Recreation Director Pisani, Parks and Buildings Maintenance
Superintendent Rizzo
2. Report of City Clerk on Posting of Agenda
The City Clerk reports that pursuant' to Government Code 54954.2, the
agenda for this meeting was properly posted on February 23. The
notice of adjournment from the February 21 Council meeting was
properly posted on February 22.
Parks and Recreation Commission Items
3. Park Planning Parameters from City Council
4. Park and Recreation Facilities Desired Need List
Mayor Jacobs asks if there are any questions from the Commission
regarding the parameters document forwarded to them from the Council
or if there are any questions from the Council regarding the needed and
desired facilities list and the task force process document forwarded
to them from the Commission.
Councilmember Burger asks about the Task ForceProcess-will the Task
Force select the community members. The reply from Chairman Clark is
that it is intended that the Commission and Council members of the Task
Force would select the public members based on an application process
but that those selected will not represent any special interest in
terms of parks and facilities, input from specific interests and
interest groups will come through the focus group process as outlined
in the Commission's document.
Mayor Jacobs indicated that he felt that a municipal swimming pool is
a questionable need for Saratoga. The Commission indicated that is was
listed very low on the priority~list.
Vice Mayor Moran suggests that, in terms of developing multi-purpose
activity space, the option of using school facilities should be
thoroughly explored before determining the need to build new
facilities.
Vice Mayor Moran asks what the Commission's intended time frame iS to
have the Task Force and the Focus Groups complete their work and have
a report back to the City Council. The Commission responds that they
feel the work can be done in two months provided the City Council
approves the proposed process this evening.
By consensus the City Council endorses the Parks and Recreation
Commission's proposed process and priorities document. The City
Manager was instructed to have staff resources committed to assist in
the process as necessary.
It was clarified that the Task Force meetings will be public. The
focus groups will meet on a Saturday. The Commission is hoping for up
to 150 participants in the focus groups. It will be the function of
the focus groups to answer basic questions posed by the Task Force.
City Council Minutes 2 February 27,
1996
The Commission will be meeting next Monday evening to develop a
schedule for the Task Force aHd the Focus.Groups.
Bill Sheridan, a resident near~Kevin Moran Park, asks when the City is
going to get rid of the old orchard trees in the undeveloped portion
of the park since they are f~ll of termites and cause problems for
neighbors instead of harassing him with code enforcement complaints.
Mayor Jacobs thanked him for His comments.
5. Youth Commission Survey and High School Saturday Night Program
Recreation Director Pisani announced that this program will start on
March 9th and be called the "boneyard", as suggested by the Youth
Commission. The Warner Hutton House will be open from 9 PM to 1 AM for
teens of high school age. Sheindicated that the error in the Saratoga
High School Falcon newspaper about the opening has been corrected by
a retraction. Use of alcohol and other drugs will not be allowed by
anyone frequenting the "boneyard".
6. Future Options for Use.of the Warner Hutton House
The City Council indicates that the use of the House needs to be part
of the overall facilities plan for recreation in the City. They prefer
to keep it as a multi-purpose use facility for the City rather than
having it be used as office space for an outside agency such as
ALTRANS. Mr. Blaylock of ALTRANS indicated that his organization is
looking for a type of store front operation for Transit Activity
Centers to assist people in using alternative transportation to single
occupancy vehicles. Such an office would be staffed on a full time
basis with a space need of about 1,500 square feet. Given the current
use of the House, of which he was unaware, he is withdrawing his
request at this time.
Commissioner Swan reports that:she has been contacted by several people
about finding a place for an assisted community garden and the
locations which have been mentioned are at Oak Street School, at the
Heritage Orchard across from the Warner Hutton House, and in
conjunction with the effort in Monte Sereno to save an old dairy farm.
The City Council suggests that efforts not be directed toward Monte
Sereno pending that City's decision on the future of the dairy.
Otherwise the Commission should feel free to entertain possibilities
such as at a school, if the school wishes to cooperate, or the Heritage
Orchard, or other existing park site.
Other Items
7. Cable Television Franchise - Request for Transfer of Ownership
It was moved by Councilmember Burger, seconded by Councilmember Tucker
and passed 4-0, to approve the transfer agreement negotiated by the
City Manager as presented to the City Cou~cil this evening.
8, Public Safety Commlssio~ Agenda Items for March 12 Joint Meeting
The City Council indicates that they wish!to have two items added to
the agenda for that evening, 1) Scheduled Training Events by the County
Emergency Preparedness Commis'sion for April 1996, and 2) Saratoga
Avenue Traffic Problems and th~ Consultants report on same.
9. Consideration of Staff Proposal to provide Landscape Maintenance
Services to Saratoga Union school District
The City Council authorized staff to proceed to develop a contract for
services with the Saratoga Union School District to provide turf mowing
at Redwood School for a fee of $800 month.
10. Agency Assignment Reports
Councilmember Tucker reports that the Cities Association is interested
in the privatization legislati6n proposed by the City. She indicates
that San Jose has prepared a general report on the subject.
City Council Minutes 3 February
1996
Councilmember Burger reports that the tree planting, which was
postponed because of wet weather last Saturday has been rescheduled for
this Saturday, weather permitting. Mr. Rizzo is requested to check
with the tree planting experts on Thursday to see if this Saturday is
a go or no go and to inform everyone if the event needs to be postponed
for another week.
11. Request by Jack Mallory to Oppose Granting a General off Sale
Liquor License at stop N save at Seagull and saratoga/sunnyvale
Road
Mayor Jacobs indicates that the purpose of continuing this item from
the meeting two weeks ago was to allow the business owner an
opportunity to present his views to the Council before the Council
considers Mr. Mallory's request. That being the case he would like to
hear from the owner first rather than from Mr. Mallory again as the
Council is already aware of Mr. Mallory's position stated two weeks
ago.
John Giakapoor, representing the store owner, indicates that the store
wants to be able to sell liquor as a convenience for its customers.
The store is well stocked with a variety of goods, that 80 % of the
floor space is devoted to items other than alcoholic beverages. The
owner, is willing to have a condition placed on the store that it will
not become solely a liquor store nor that it would be sold that way to
any future owner of the business.
Mary Helmers, Seagull Way states that she is concerned about this store
being a hang out for teens who then leave the store via Seagull,
speeding down the street. She is concerned that if liquor is sold that
things will only get worse if the teens have been drinking.
Councilmember Burger inquires as to what steps the business takes to
· prevent drinking in the parking lot and whether someone patrols the
area for the business. Jack Kapoor, the owner of the business, replies
that he is required by his ABC license to police the grounds around the
store and to call law enforcement officers if anyone is violating the
regulation against consumption of alcoholic beverages on the premises,
but he has no one who is patrolling the parking area to do that, it is
done by the person in the store.
Mayor Jacobs inquires as to the hours of business for the store. Mr.
Kapoor responds that the business could stay open 24 hours a day but
it can not sell alcoholic beverages between the hours of 2 am and 6 am
under state law. As a result the business is closed those hours.
Mr. Kapoor indicates that he intends to keep this store as a
neighborhood store, not to convert it into a liquor store. He is
seeking the general off-sale license only as a convenience to his
customers and so that he can compete with stores like Safeway and Longs
which also sell liquor.
Mr. Mallory indicates that this is an issue of community acceptance as
to what is acceptable to the community and what isn't. This store has
a collection of hard-core pornography on the premises. He and his
neighbors do not want a liquor store at this location.
Mayor Jacobs indicates that he would support a letter of concern being
sent to the ABC about allowing more liquor sales premises in the City
in general.
Mr. Mallory indicates that in its grant of the beer and wine license
in March of 1993 the ABC ruled that issuance of a general off-sale
license at this location wold be detrimental to the public morals.
Nothing has changed to have that determination modified.
Vice Mayor Moran states she agrees with Mayor Jacobs. It would be
inappropriate at this time to support the application for a general
off-sale permit when the City is in the process of determining how to
upgrade this commercial area of the City and what the appropriate mix
of businesses should be in the Gateway Commercial Area, of which this
is a part. The City Council has now heard from both the neighbors and
City Council Minutes 4 Februar~
1996
the owner of the property and the citizens have expressed concerns
which the Council should suppdrt.
The City Council agrees to Ihave a letter sent over the Mayor's
signature to the Alcoholic Beverages Control Board expressing its
opposition to the granting of ~ general off-sale permit and the reasons
therefore.
Mr. Mallory states that he isl also concerned about a new restaurant
which has opened up in this part of the city which has its windows
plastered with neon signs. He thinks these should not be allowed. The
Council thanks Mr. Mallory for=bringing this matter to their attention
and asks that this matter be agendized for discussion in two weeks.
12. Self-Evaluation of Previous Meeting
The Council members report that they received much positive feedback
on the way the Odd Fellows master plan hearings were conducted.
However, the Council felt that it should have had the architect show
his drawings and elevations of the proposed project as a "show-and-
tell" item for the community as that is the only way many people will
ever get a chance to see what is proposed since the Council meetings
are televised and video-tapedi This should be kept in mind in the
future.
The Council members remarked that the Planning Commission should be
commended for the outstanding job it did in reviewing the Odd Fellows
project and in working with theneighbors to address concerns about the
project and that they should be recognized by the Council for such an
outstanding effort. The Mayor was delegated the task of preparing a
letter to that effect to the members of the Commission and to seek
publication in the Saratoga News.
13. Adjournment
The meeting was adjourned byMayor Jacobs at 8:50 PM.
Respectfully submitted,
Harry R. a
City Clerk