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HomeMy WebLinkAbout06-21-1978 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, June 21, 1978 - 7:30 P.Mo PLACE: Saratoga C±ty Council Chambers, 13777 Fruitvale Ave., Saratoga, Calif. TYPE: Regular Meeting I. ORGA~IZATION A. ROLL CALL Present: Councilmen Kraus, Corr, Cal.lon, Matteoni Absent: Councilman Kalb (arriVed 8:00 P.M.) B. MINUTES (May 30 & 31, June 5, June 7) Councilwoman Corr requested it be clarified in the minutes of June 5, re: Appeal of Martin Hall and Associates, page 10, that the discussion and final' motion did not include the sidewalk under the Deferred Improvement Agreement. It was then moved by Councilwoman Corr and seconded by Councilwoman Callon approval of the minutes'; subject to the correction as stated. The motion was carried unanimously. C. SPECIAL BUSINESS RE: SWEARING IN OF PLANNING COPLMISSION MEMBER Mr. Hendrickson, Acting City Clerk, administered the Oath of Office to Richard Siegfried for his new term on the Planning Commission. II. CONSENT CALENDAR A. COMPOSITION OF CONSENT CALENDAR It was moved by Councilwoman Corr and seconded by Councilman Matteoni approval of the Consent Calendar composition. The motion was carried unanimously. B. ITEMS FOR CONSENT CALENDAR 1. Maintenance Contract w{th Signal Maintenance, Inc. 2. Rescission of Joint Use Agreement with Santa Clara Valley Water District 3. Payment of Claims 4. City Treasurer' s Repor~ 5. City Clerk' s Report It was,.moved by Councilwoman Corr and seconded by Councilman ~atteoni approval of .the items for the Consent Calendar.' The motion was carried unanimously. III. BIDS AND CONTRACTS A. AWARD OF CONTRACT - REPLACEMENT OF FLOORING IN CIT~ HALL Upon the recommendation of the staff, it was moved by Councilwoman Callon and seconded by Councilwoman Corr to award the contract for installation of carpeting and new linoleum in major areas of City Hall to Interiors and Textiles for the low bid Of $5,516~. Inherent within this action was approval to hire a professional moving company for approximately $2,500. IV. PETITIONS, ORDINANCES AND RESOLUTIONS A. RESOLUTION 857~ A Resolution Vacating an Easement - Tract 5243. (HarleiSh Drive) The City Attorney suggested adding to the second paragraph: "area which shall be retained . " It was moved by Councilwoman Corr and seconded by Councilwoman Callon Resolution 857 be adopted. The motion was carried unanimously. B. MINUTE RESOLUTION RE~ CERTIFICATION OF NEGATIVE DECLARATION FOR QUITO ROAD BRIDGE AT WILDCAT CREEK RECONSTRUCTION PROJECT This matter comes back before the Council due to a staff failure to notify the Water District re: action on the E.I.R. I'TD~~ ~'S~ ~?pb~i~' ~f'~'~'~f~§ign of the project b~th~'W~r'Dr~l~,'~f-~-~b~- CoUncilman Matteoni and seconded by Councilwoman Corr to table~YCo~derning the minute resolution in reference to the negative declaration until such time as the Water District comes back to the City with a re-design .of the project. The motion was carried unanimously. C. ORDINANCE38.85 An Ordinance of the City of Saratoga Imposing A Sales and Use Tax on Certain Transactions and Declare the Urgency Thereof Upon the.recommendation of thestaff~lit was moved by Council- woman Corr and Secgnded by Councilwoman Callon to approve the Memorandum of Understanding with the County of Santa Clara relative to the=existing sales tax agreement~."~S~'~ Ordinance 38.85 be continued for consideratio~t~a~A'dj-dh~ed Regular Meeting on June 27th. The motion was carried.unanimously. VII. ADMINISTRATIVE MATTERS (taken Out of order) A. MAYOR 1. Complaints re: j~'f~b~hbo~"~bi~ Via Escuela - ~b~nty ~R'~ff'=s~'O~fice-awaf~f~iF~At'i~ and agreed to take meaSures to take special measures. Also, consid'eration will be given to~o~j~'.D'~king at this location. - 2 - V. PUBLIC HEARINGS A. TO CONSIDER APPEAL OF USE PERMIT TO ALLOW FOR DEVELOPMENT OF FAMILY RESTAURANT ON SOUTHEAST CORNER OF PROSPECT AND SARATOGA-SUNNYVALE ROAD. APPLICANT: SARATOGA FOOTHILLS DEVELOPMENT CORPORATION (UP-360) Councilman Kraus indicated he would abstain from this issue due to the fact his wife is employed with Saratoga Foothills. Kathy Kerdus~j~'~f~s~'i~F~nnner, advised that the Planning Commission haS~rOVed'~t~fsluse permit application on the basis that it is in conformance with the Zoning Ordinance, and would not be detrimental to the public health, safety or welfare, or materially inj.uriousto properties or improve- ments in the vicinity. The C~un~l ,e!e~,e~d to prQceed with the hearing this evening. The~.%qr,~f6~opened the public hearing at 8:12 P.M. Don Peterson, representing the applicant in this matter, addressed the Council urging that the appeal be denied on the basis of the following: 1) Family restaurant is a draw for .the 36 shops in the center, and there are no other uses that would draw as many people into the center. 2) Saratoga can use a familyLrestaurant, provided it meets with allreStrictions and architectural quality. 3) Family restaurant w0Bld increase tax revenues.. The Counc{1 questioned the proposed hours o~ 6peration for the restaurant, from 6:00 A.M. to 2:00 A.M. It was further questioned whether or not it was spelled out specifically in the use permit what type of food serVicewould be/~fi6~l~. Miss Kerdus advised that "fast foods" are not specifically excluded from this use permit. However, one,of the conditions for approval would be conformance to design review. Ed Meagher, President, Northwest Saratoga Homeowners Association, voiced his objection to granting the use permit for this family restaurant on the basis of the following: 2) Inconsistencies With the Saratoga General Plan 3) Economic considerations . Further, Mr. Meagher urged that the Council not refer this application back to the Planning Commission again, and that · they are not going to appeal the E.~I.R. They would ask that the Council eliminate any type of restaurant from Building "C", and instruct the deXeloper that a townhouse would be more favorable. Lynn Smart, 1222 Kirkdale Drive, addressed the Council and described the situation during the time.she resided in South San Jose. Mrs. Smart supported the restaurant proposed on the corner of Prospect and Highway 9; however, another restaurant on the corner of Kirkmont and Highway 9 would in- c=ease trafficSand tend to make that corner look congested. 3 - Marvin Pennington,rproperty owner across from Hubbard and Johnson, indicated his opposition to a restaurant.on this corner, stating that this development deserves something better than Sambo's. He would prefer to see a bank building~ in this location. Mr. Richazd Martin, i3981'Pike Road, was of the opinion a good quality family restaurant would be a handy thing to have. Mr. John Murphy, 20208 Kirkmont Drive, indicated he felt there are more imaginative ways to raise revenues, and what this would create further down'the line is not worth it. Jbhn Mallory, resident of Kirkdale Drive, indicated he felt those who signed the petition are more concerned with keeping the City the way it is raGher than the slight savings in sales taxarevenues. He agreed that a savings and loan association in this building might bemore useful. Brian KellX addressed the~Council stating that imp. his opinion 'space. It was moved by Councilma~ Matteoni and seconded by Councilman Kalb the publfc hearing be closed. The motion was carried unanimously. The public hearing was closed at 9~'D1 P.M. The Council discussed issues which had been brought ~orth this evening, and it was moved by Councilman Matteoni and seconded by Councilman Kalbthe appeal for use of building "C" as a family'restaurant 5e denied, subject to further clarification in the use' petit rel'ative to "f.amily restaurant",' and also subject'to modification'of:hours ofoperati6n to 7:00 A.M. to 12:00 Midnight; and the staff be'directed to prepare a more definitive description 6f~this use for consideration bythe Council at~'~its' next regular meeting. The motion was carried -.unanimously. B. TO CONSIDER THE 1978-79 FISCAL Y~R BUDGET Mr. Hendricks0n,' AssiStant City Manager, reviewed the Drodess the City has'underg6~e in'preparing the Supplemental b~dget which takes ihto considerati6n reduction options resulting from the passage of.Propo~jitiop 13. tte discUssed.proposed~revised fees that~mi=ght'Se imp'lemented . pe~i~me~'~W "~6j~t~%~ a~'~b- '~rovid~ 'a ~o~=e' ~'~agea5 le-=~fe~ ~h~e~7~T~Y~ would also include establishment of fees. to facilitate and pay for f~ctions of the Saratoga ~Fire District now that the County Fire Marshal has He spoke to a proposal .concerning reduced activities and/or personnel in. the Department of Co~unity Services and anticipated impact of~these re~Q~'~b This included fees for p~ograms sponsored by the Cit~l~loo percent self-supporting. Mr. Hendrickson ~iscussed the option of'consolidation of the City Treasurer position, and othe~ personnel reduction options included not filling Ce~i~ant positions'. ~'=R~ ~lKti~d - 4 He indicated there are three proposed options under the Supplemental Budget devel6ped as a result of Proposition 13. These include: 1) Non-Personnel Reduction Option; 2) Personnel Reduction Option; and 3) Revenue Increase Option. The precise amount of this reduction will be established following a deter- mination of the assessed valuation by the Santa Clara County Assessor's Office. This is estimated to be between $356,000 and $380,000. Mr. Hendrickson discussed various operating programs and services currently performed which have been considered for reduction or elimination. He mentioned group use activities at the Saratoga Community Center and the fact that these fees would be increased. The Council discussed the elimination of the Parks Maintenance Man positio~(va6ant), and also shifting of priorities in the Department Of Inspection Services, due to not filling the Grading Inspecto'r position. The Mayor opened the public hearing at 10:01 P.M. David BateS, City Administrator, City of Monte Sereno, addressed the Council, urging that Saratoga continue inspection services for Monte Sereno. He further indicated Monte Sereno would be willing to discuss terms of the agreement relative to the distribution formula, if necessary. Nancy Crampton, 20197 Hickory Hill Way, requested the Council's consideration in approving under the Land Acquisition and Capital Improvement section of the budget the expenditure of $5,000 for improvement of the field at Argonaut School. Marie Evans, Director, Central County Safety Council, requested the allocation of $1,570 ~oward the Bicycle Safety Program. This amount has been allocated in budgets of the past. A discussion followed concerning whether or not S~ratoga should continue to fund the Youth Services Bureau. It was~t~ "~ that the County has pulled out of this program, and ~1~, .... ~/'~ Los Gatos is pulling out their police officer. The Council discussed the proposal to add construction tax on all new dwellings, in addition to revised fee schedules. This discussion related to Mr. Hendrickson's memorandum dated June 15, 1978. It was indicated the total impact of these increased fees would be approximately $130,000. The Council was generally in agreement that new construction should pay for itself, and the City paid for services rendered; however, this should also be considered an opportunity to reduce the overall cost of govern- ment. Richard Martin, 13981 Pike Road, commented that in his obser- vation of fees charged by the City, it does not appear the fees amount to more than 50 percent of the costs for these services. It was his feeling the City should receive 100 percent for these services. It was requested the staff separate out all costs associated with planning and inspections,~d ~h~.'C~dil~b'n~ider imposing the construction tax~as an offset t~"t~s~'~igj~'~=reducing the budgets by a specified amount and making it balance. It was further requested this balanced budget be developed for the Community Center. - 5 - The Council looked a~ the Rossibility of reddcing <~ ~requency o% ~ma{~e, i,'~ mO~ alb'~g ~'g~lan strips in the City. Impacts of this reduction were discussed. Another favored reduction was that of reducing hours of maintenance for Hakone Gardens, indicating that the preference would be to put the time into parks used on a more frequent basis. and there was particula~O~f~-wf~h--e-}iminat±~-~f'r~fo~sing- guards at locations witb~n_o signal. It was agreed a volunteer effort should be/=~18~_tHr~h the PTA or other organization, .rwith~the City co~d=i~aa~this activity. It was then moved by Co~cilmad Matteoni and seconded by Councilman Kalb the hearing be continued t6 an Adjourned Regular Meeting on June 27, 7:30P.M. The motion was carried unanimously. C. TO CONSIDER ORDINANCE NO. NS-3..41, AN O~I~NCE OF THE CI~ OF SA~TOGA ~ING SECTION 7.2<b)<1) AND SECTION 7.2<c) OF NS-3 BY DELETING ~AL ESTATE.OFFICES AND FINANCIAL 'INSTITUTIONS (TO INCLUDE 'BANKS, 'SAVINGS AND LOANS) FROM "C-C" AND "C-V" DISTRICT 7AS AN ALLOWED USE, AND ALLOWING SAID USES IN A "C-C" AND "C-V" DISTRICTAS A CONDITIONAL USE, . SUBJECT TO THE PROVISIONS OF ARTICLE 16 OF THE SA~TOGA ~NICIPAL CODE The Mayor opened the p~bfic hearing at 10:52 P.M. There being no co~ents from the'audience, it was moved by CoUncilwoman Corr and seconded.by C6uncilwoman Callon the .p~blic hea~ing be closed. The motion+wa~ carried; the public hearing was closed at 10~,52 P.M. It was then moved by CoUncilwoman Callon and Seconded by Councilman Kalb Ordinance' NS-3.41 be introduced and the reading be waived. The motion was carried unanimously. Vii. ADMINIST~TIVE ~TTERS (ContEd.) B. COUNCIL ~D CO~ISSION REPORTS k~ C. DEPAR~ENT HEADS AND OFFICERS 1'. Reports from the Director of Public Works Re: a) BUs Service in the Village - Continued to Co~ittee o~ the ~ole Meeting JUly llth; notify. Chamber of Co~erce and also, Cal-Trans representative. b) Status Report on Northwest Saratoga Drainage PrOblems - Approved request to bring status report back at~ Council's July 19th meeting. 2. Report from Director of Co~unity Services Re: Request for Fencing in Rear o~f City Property Near Wildcat Creek - The Council indicated~.its concensus not to fence this property, on the basis of cost and visual impacts. - 6 -- D. CITY MANAGER 1. Report Re: Departmental Staffing -PlanninglDepartment It was the concensus of 'the Council ,~{~ ~'e~b~th'e~V~f~ i~na 1 p lanne~ ~a~c-~S!s~l~'!f~'~e ~pd~li~-4 hours each day to prepare necessary reports for ~e_e~i~n_g~;~iijT"7' 2. Request for Financial AssiStance by Santa Clara CoUnty Library System - Use of City's Bonded Indebtedness to Help Repay Bonds Issued to Help Construct Library It was the feeling of the Council this request would be inconsistent with one of t.he selling points to the voters that the City wouldbe tapping the resources of the entire library System and itsA.V Secondly, it was questioned if this would'be consistent with the intent of Proposition 13 to cut back the level of expenditures by government. Further, 'it was q~estioned if any action should be taken prior to the State's .dete~ination on distribution of surplus. In cO~unicating back to the COunty, Mr. Hendrickson was diredted tO mention the fact that Saratoga has a wealth of volunteer services to assist ~n keeping the library open for a longer period of time each day. 3. Services for Nadine Beyer F~neral Services at 2:00 P.M. at Madronia Cemetary, followed by Memorial Service at GraCe'United Methodist Church. Memorial fund - Ming Quong; the Friends of the Library for a gift in her name. VIII. C0~NICATIONS A. ~ITTEN 1. Stephen D. Prater, Executive Director, Kids to Camp, Inc. requesting funds for their program. - Noted and'filed. 2. Ms. Cheriel Moench Jensen, appealing decisfon to certify Negative Declaration for Quito ROad/Wildcat Creek Road a~d Bridge Widening Project. - Noted'and filed. 3. CharlesF. H~ter,' re: Environmental Impact Report on Parker Ranch. - Noted and filed'... 4. James J. Clancy, Attorney, re: Resolution in support of InitiatiVe' legislation "Abatement of Moral Public Nuisance Law" - City Manager to respond indicating ~ty's position relative to moral legislation. 5. Tessie Yo~g, Phil Yo~g, 15101 Pepper Lane, objecting to fee of $1,150 for Pa~ks and Recreation and Sto~ Drainage. Consensus of the Co~cil that this fee should not be waived. 6. Mr. Gary F. Voecks, Asst..;Clerk of the Board, re: annexation of property of Lauer on Bainter Avenue. - Report forth- coming to City Council on July 5th. - 7 - 7. Reverend Msgr. James Maher, PaStor, Sacred Heart Church, re: City fencing its side of Wildcat Creek. City Manager' to respond. 8. Desi Gallmeister, Executive Director, Saratoga Chamber of Commerce, re: bus service to Saratoga Village. - Noted and filed. B. ORAL 1. Councilman Matteoni - Requested calling the bond on Dividend Industries landscape maintenance. Moved by Councilman Matteoni and seconded by Councilwoman Corr to instruct the staff to call this bond and consult with the City Attorney regarding same. The motion was .carried unanimously.. IX. ADJOURNMENT It was moved by Councilman Matteoni and seconded by Councilwoman Corr the meeting be adjourned'this evening in honor of Nadine Beyer's memory. I~The'm~t~ ~s carried unanimously. The meeting was adjourne~'[~rA'dj~d Regular Meeting on June 27, 1978. Adjourned at 11:55 P.M. Respectfully submitted, R. - 8 -