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HomeMy WebLinkAbout02-24-1998 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Tuesday, February 24, 1998 - 7:00 p.m. PLACE: Adult Care Center, 19655 Allendale Avenue TYPE: Adjourned Regular Meeting/Joint Meeting with Planning Commission and Heritage Preservation Commission 1. Roll Call Mayor Wolfe called the meeting to order at 7:00 p.m. Councilmembers Bogosian, Jacobs, Shaw, Moran, and Mayor Wolfe were present. Staff members present were City Manager Perlin, Interim Assistant City Manager Larson, Recreation Director Pisani, Community Development Manager Walgren, Associate Planner Bradley, and Deputy City Clerk Cory. Assistant City Attorney Kit Faubion was also present.. 2. Report of City Clerk on Posting of Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on February 20. The notice of adjournment from the February 18 Council meeting was properly posted on February 19. 3. Oral Communications from the Public on Non-Agendi~ed Items Mark Pickens, representing the Festival Theater Ensemble, spoke as a Saratoga resident. He expressed support for the Recreation Department, particularly in their role in assisting the Ensemble in presenting Shakespeare in Wildwood Park. He also stated that the Ensemble was interested in establishing a base in Saratoga as an integral part of the community. 4. Agenda Items for March 14 Council Retreat, Judy Sweet City Manager Perlin introduced consultant Judy Sweet, who reviewed her credentials and discussed the retreat. The Council agreed that the proposed agenda items were satisfactory. The City Manager was directed to provide Ms. Sweet with Councilmembers' phone numbers so that she could contact them for any additional information. The Council also approved the proposed location for the retreat at Savannah Chanel Vineyards on Congress Springs Road, after noting that the City Attorney had approved the location even though it is outside of the City limits. 5. Presentation by Recreation Cost Recovery Task Force, Nick Streit, Finance Commissioner Finance Commissioner Streit submitted a packet of information prepared by the Task Force, explaining that it had been a collaborative effort. He reviewed the information and answered Councilmembers' questions. Concerning Exhibit I, Parks and Recreation Commissioner Olsen commented that Saratoga's Recreation Department recovered more indirect costs than other cities she surveyed. Other cities fund recreation through their General Fund because they consider parks and recreation a necessary service, she said. She answered further questions from Councilmembers. Vic Monia, Granite Way, asked how the decision was made to raise fees last year. Recreation Director Pisani explained the process, noting that fee raises in adult sports had resulted in complaints, even though they were being subsidized at the rate of $40 per participant. Councilmembers, the public, and staff discussed issues in the report further, including significance of indirect cost allocations, how they had been calculated, and why comparisons had been made in the way they were. City Manager noted that the Finance Commission is in the process of examining the indirect cost schedule. After further discussion, he also noted that at some point the Council will need to make a policy decision as to whether any subsidy the City contributed to the program was a good investment. City Council Minutes 2 YebFuaFy24, 1998 Councilmember Shaw requested that the Task Force include a survey of recreation department salary structures in surrounding communities in the final report. Jeff Schwartz, San Marcos Drive, asked if the audience was counted as participants in the theater and classes program, and Recreation Director Pisani replied they were not. Kay Whitney, Parks and Recreation Commission Chair, described methods used by the City of Sunnyvale to increase revenue. She also noted that recreation is a service that people miss if it is gone, and it produces a sense of community. Larry Fine, representing AYSO Soccer, stated that their fees for the use of Congress Springs Park were increasing, and he objected to paying increased fees that would be used to subsidize another part of the recreation program. City Manager Perlin replied that the fees charged to sports leagues for use of City parks do not subsidize recreation, but go into the General Fund. After further discussion it was noted that no action was required, as this item was a progress report. There was consensus to postpone any decisions until the indirect cost report is submitted. Finance Commission Chair Ousley reviewed the meeting schedule and stated that the report on indirect costs could be ready for the joint meeting with the Council on April 7. 6. Joint Meeting with Heritage Commission Heritage Preservation Commissioners Fine, King, Koepernik, Peck, and Peepari were present. -Status of Heritage Preservation Ordinance revisions {applying same permit review criteria to inventory structures as already applies to designated landmark structures) Associate Planner Bradley stated she expected the ordinances to be ready for review by the Heritage Preservation Commission in March. Commissioner Fine remarked that Saratoga was losing its heritage, but the Commission is attempting to keep some historic structures from being demolished. -Update on Community Context Video and Expansion of Heritage Resources Inventory commissioner Fine noted that late Commissioner Frank Dutro had prepared the video, and more homes needed to be photographed. Commissioner Peck felt that the impetus for preservation should come from the property owners' desire to preserve the property, rather than from the City's imposing regulations upon the property owners. Councilmember Bogosian agreed, stating that educating the property owners helps. Councilmember Jacobs pointed out that there is no simple answer to balancing the rights of property owners and the desire for preservation, and there may not be much the City can do. Community Development Manager Walgren reported that Palo Alto has a preservation ordinance in effect that resembles the design review process. Councilmembers and Commissioners continued to discuss means of encouraging preservation such as waiving fees, promoting historic consciousness, a facade easement, bicycle tours, and historic homes tours. City Manager Perlin stated that the City's insurance coverage would now City Council Minutes 3 Februa1724, 1998 apply to City-sponsored events such as historic home tours. 7. Joint Meeting with Planning Commission Planning Commissioners Kaplan, Martinge, Murakami, Pierce and Chair Patrick were present. -Upcoming Measure G Election (Barr~ Swenson Project) City Manager Perlin explained the request for election which had been submitted, noting that the developer had exercised his option of requesting an election before going through City approval processes. Jeff Schwartz, San Marcos Drive, urged the City Council to change its procedures so that such a project would go through normal design review first, then go to a vote. In this way the voters would know specifically what they were voting on. Assistant City Attorney Faubion stated that the Council could amend the resolution setting up Measure G procedures if they wished to do so. She also noted that even if the Swenson General Plan redesignation were approved by the voters first, the City would retain the power to disapprove the project itself. However, there is no legal impediment to the City's changing procedures and requiring the applicant to go through normal processes first. In this case, however, there might be a consideration of fairness to the applicant, who has done what the City required him to do to have an election under the procedures in effect. Councilmembers discussed the consequences of having an election first: the possibility that voters might approve a measure based on brochures showing a particular project which might not be approved by the City; the possibility that an entirely different project might be developed by Swenson or a future property owner; the possibility that having the election first would make no difference; the possibility that having the City approval process first would result in the applicant's providing the voters with stronger documentation about his intentions. In response to Vic Monia, COmmUnity Development Manager Walgren stated that other uses allowed in thequasi-public facilities designation were such things as schools, senior care facilities, and community centers. Mr. Monia then suggested that the applicant's project be regulated by a conditional use permit rather than by a General Plan amendment. Mr. Walgren replied that the underlying zoning of the property does not allow the density of the proposed project, necessitating an election under Measure G. Cheriel Jensen, Quito Road, opposed the project because of flooding, lack of space, lack of an Environmental Impact Report, and lack of definition of project. She favored changing the resolution on Measure G implementation so projects would go through City processes before any election. In answer to Councilmember Moran, Community Development Manager Walgren stated that the project would be ' subject to the California Environmental Quality Act. Assistant City Attorney Faubion stated that initiatives are exempt from CEQA, but she would need to determine whether it would apply at the General Plan amendment stage. She also stated that if the resolution were to be amended, criteria would need to be developed in order to apply the procedures fairly. In answer to Vic Monia, Community Development Manager Walgren stated that there is no zoning designation for quasi-public facilities. Instead, projects are reviewed according to the underlying residential zoning criteria. In answer to Councilmember Moran, City Manager Perlin stated that a resolution calling the election would be presented at the March 4 meeting. If the Council declines to pass the resolution and forward it to the County by March 6, there will be no election June 2. The Council would then presumably direct the staff to amend the Measure G implementation resolution to reflect new procedures. City Council Minutes · February24, 1998 -Xdult Entertainment Business Regulations City Manager explained the options available to the Council, which were explained further by Assistant City Attorney Faubion. She displayed a map showing the areas where adult entertainment businesses would be allowed if they were prohibited within a 1000-foot radius of schools and parks. She said there was no given distance which would be the greatest distance allowable by law because the individual circumstances involved would need to be considered. She explained that such businesses could be regulated either through zoning methods, permit methods, or a combination thereof. To make regulations as restrictive as possible, they could cover several different items, such as hours and visibility. City Manager Perlin reported that a bill is going through the State Legislature which would help the City to regulate certain types of adult business as theaters. There was consensus to pursue regulation through the conditional use permit process rather than Zoning Ordinance amendments. -Long Range Planning' COmmUnity DeVelopment Manager Walgren explained that in spite of the loss of the long-range planning position, the City is still performing long-range planning, but more slowly. Projects such as the General Plan, Circulation Element, and the Housing Element are being carried forward. -orchids and onions Tour Community Development Manager Walgren noted that the tour would be coordinated with the Planning Commission retreat, which was planned for the last week in March or the first week in april. -Televising Planning COmmissiOn Meetings Planning Commission Chair Patrick said that the Commission would like to defer televising of Planning Commission meetings because the necessary lights were uncomfortably bright. Commissioner Kaplan stated that it would not be possible for her to remain on the Commission if the lights were not changed because they caused her to suffer migraine headaches. Mayor Wolfe replied that it might be possible for her either to sit at the staff table or to miss a couple of meetings until the problem was resolved. City Manager Perlin reported that he had had a meeting with KSARabout the lighting, and it appeared that the best solution would be to work with the theater groups to use their lights. He said he should be able to have a report soon. There was consensus to direct staff to bring the Council a report in three weeks concerning feasibility of improving the lighting in the Civic Theater. Planning Commission Chair Patrick asked about attaining a quorum if a commissioner must abstain. Assistant City Attorney Faubion said that the presence of a quorum is established for each item rather than for the meeting as a whole. If a quorum is lacking for one item due to a conflict of interest, the item would be continued to the next meeting. Concerning videotapes of the Planning Commission meetings, City Manager Perlin explained that KSAR produces three tapes at the time of the broadcast. It is difficult for them to produce more because of the staff time involved and the need to tie up studio equipment. Councilmembers discussed the need for Councilmembers to have access to videotapes, since the brief Planning Commission minutes do not sufficiently describe Commission deliberations on items that are appealed to the Council. Various means of providing more tapes were suggested. City Council Minutes 5 FebruaxT. 24, 1998 8. Self-Evaluatlon of Previous Meeting, February X8 There was consensus that the meeting had proceeded well. 9. Agency Assignment Reports In connection with the Solid Waste Joint Powers Authority, Councilmember Moran reported that an "assignment" of a contract to the JPA would be appearing on the agenda soon. She urged its approval. Councilmember Bogosian recommended that a letter be written for the Mayor~s signature urging the Library Joint Powers Authority to continue to investigate solutions to the problem of Internet access for minors. There was consensus to direct staff to do so. Concerning the Saratoga Business Development Council, Mayor Wolfe reported that the Farmers Market at the high school wished to have a $500 temporary use permit fee waived. City Manager Perlin responded that whoever wished the waiver needed to make the request to the Council in writing. 10. Other Wolfe - Reported that he had received a request for nominations for a Salute to Youth program. There was consensus for the matter to be referred to the Youth Commission. Moran - Requested that commissions agendize items for discussion with the Council before the joint meetings. Perlin - Announced that Oliver Wright had agreed to serve as interim Finance Director. Perlin - Distributed a memo on a closed session to be held March 4 on TEA issues. Discussion followed concerning Councilmembers' recollections on the proposal for a TEA phase-out that had been offered by the County. Perlin reported that he was reviewing several options to rectify the situation. Councilmember Moran reported that the Monte Sereno City Manager had expressed a desire to be actively involved in TEA efforts. Perlin - Report that he expected resolutions implementing the reorganization to be on the March 4 agenda. With the consent of the Council, he also expected to appoint James Walgren as Community Development Director at that meeting. Moran - Brought up date for City Manager evaluation and recalled that March 24 had been agreed upon. Periin - Reported that five proposals had been received in response to the Request for Proposals for the Prides Crossing traffic calming project. 11. Citizen Recognition - Not discussed. 12. Adjournment The meeting was adjourned at 10:40 p.m. Respectfully submitted, Grace E. Deputy City Clerk