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Home My WebLink About04-02-1986 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, April 2, 1986 - 7:00 p.m. PLACE: Civic Theatre, 13777 Fruitvale Avenue TYPE: Regular Meeting 1. ROLL CALL - Councilmembers Callon, Fanelli, Hlava, and Moyles present at 7:05PM. Vice Mayor Hlava presided at the meeting. Mayor Clevenger absent. 2. CEREMONIAL ITEMS - A. EARTHOUAKE PREPAREDNESS PROCLAMATION - Approved as summitted- 5, ROUTINE MATTERS A. Approval of Minutes 3/19 MOYLES/CALLON MOVED TO APPROVE MINUTES AS SUBMITTED. Passed 4-0. B. Warrant List - HLAVA/MOYLES MOVED TO APPROVE WARRANT LIST. Passed 4. CONSENT CALENDAR - I. CLAIMS A. Claim for Indemnity Merit McBride, Realtors, Esther Hoist and Dolly Beckman CALLON/MOYLES MOVED TO DENY AS SUBMITTED.Passed 4-0. B. Application to present late claim - Montgomery CALLON/MOYLES MOVED TO DENY ITEM. Passed 4-0. CONSENT CALENDAR II. - OTHER ITEMS A. Planning Commission Actions 3/26 - Noted and Filed. B. One Year Extension of Improvement Agreement for SDR 1259 - Approved C. Award of Contract for Reconstruction of Elva Avenue and Appropriations Resolution 2241.20 - Approved D. Financial RepOrt, July 1985 through February 1986 and Treasurer's Report - February - Approved 2-4/2/86 E. Request by W. Thomas for Refund of Fees in a~nount $1,775 for SDR 1618, 21955 Via Regina - Approved F. Authorization to Purchase New Truck from Smythe Isuzu in amount: of $5240.45 - Approved G. Notice of Completion for Reconstruction of Chester Avenue and Ten Acres Road and Appropriations Resolution 2241.21 App~'oved H. Investment Report - February - ApproveO. ~.FANELLI/MOYLES MOVED TO APPROVE ITEMS A-C AND E-H. Passed 4-0. Regarding item D., FinancialReport July '85 - February '86, Councilmember Fanelli was concerned about adjustments .in the x-.'budget and funding. Councilm~mber Moyles also expresseO his concern about PG&EIs delayed payment process. Mr. Peacock · n~ted :that we e=re'actually ORder budget. FANELLI/MOYLES MOVED TO!APPROVE FINANCIAL REPORT AS SUBMITTED. Passed 4-0. 5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. Oral Communications from the Public and Commissions None B. Written Communicatio'ns from the Public 01 from Bert Martel~concerning problems with Community Services Law Enforcement - Received and filed. 02 from Mr. and Mrs~. R. Nelson supporting restrictions on parking of recreational vehicles in front yards - Received and referred!to Planning Commission for information: staff directed tO acknowledge receipt of letter. 05 from Planning Commission concerning Enforcement of Recreational Vehicle Storage Ordinance - Directed staff to respond only on a complaint basis until further notice. 6. OLD BUSINESS - None 7. NEW BUSINESS A. County Communications Contract - Harry Peacock led a discussion about the increase~ costs incurred and the City's policy of paying an amount comparable to las~ yearns. Rejected contract and agreed to discuss in closeO sessioh'on litigation. B2~N~I/~AV~ ~OV~D ~0 B~OB~ ~CO~B~C~ ~S U~CCSB~B~. Pas~e~ 4-0. 3-4/2/86 B. Reedlotion and Ordinance on Expense Reimbursement Policy - Discussion wae held about e×Denses, lodging~ and primarily about travel time. Harry Peacock etated the proposed policy would reduce ambiguities. Resolution 2~27 and Ordinance will go into effect May 15, 1986. FANELLi/MOYLES MOVED FOR APPROVAL OF RESOLUTION 2327 WITH THE STIPULATION OF A ONE-YEAR REVIEW AND TRAVEL TIME WILL BE DELETED FROM THE RESOLUTION. Passed 4-0. CALLON/FANELLI MOVED TO INTRODUCE AN ORDINANCE AMENDING THE CITY CODE BY ADDING SECTION 2-1~18~ RELATING TO PAYMENT OF AN EXPENSE ALLOWANCE TO COUNCIL MEMBERS. Passed 4-0. C. Retention of City Geologist - Current contract with William Cotton has never been reviewed. Harry Peacock. suggests the Council negotiate with William Cotton and suggests proposals be su0mitted from other geologists in northern California who can provide that.service to the City. CouncilmemOer Callon thought that was a great idea and asked for the cost. The ~ity Attorney advised that there wasn't a recent contract. Negotiations had bee~ via verbal contracts/renewals. However, current rates have gone up on a regular basis. CALLON/FANELLI MOVED TO RENEGOTIATE EXISTING AGREEMENT WITH WILLIAM COTTON AND SEEK PROPOSALS FROM OTHER QUALIFIED GEOLOGIST DESIRING TO PROVIDE CONSULTING SERVICES TO CITY. Passed 4-0. D. Telephone System - Selection was narro~ed to the 3 closest vendors and then to one preferred vendor, USX. ~he consultant recommends the City of Saratoga authorize staff to execute contracts with Pacific Telephone to purchase certain cabling. FANELLI/MOYLES MOVED TO APPROVE THE CITY MANAGER'S RECOMMENDATION AND AUTHORIZE CONTRACTS WITH USX AND PAC BELL TO PURCHASE AND INSTALL THE NECESSARY EOUIPMENT. Passed 4-0. E. Review of Potential Uses and Locations for the Warner Hutton House - Mr. TriniOad, Maintenance Director of the City of Saratoga, spoke to c.larify discussion on the Warner Hutton House, 15495 Sousa Lane. It's in the Route 85 corridor and will be.moved or demolished by the project. It's been determined to be included in the National Register of Historic Places. Councilmembers discussed current use (private residence) and possible future uses for the City. Linda Callon asked for additional costs involved in public vs. private residence. She also suggested another group might want to take over preservation of the home. Discussion · was held about whether staff could utilize it for city office space. Councilmember Fanelli aske0 for an estimate in moving the house. Dan Trinidad presented city costs relative to 4-4/2/86 parking lots'and state vs. city!s share of the costs. Councilmembers C~llon and Fanel!i feel we are having the Warnor Hutton House pushed on us when we really don't have a need for the space. Councilmember Fanelli prefers the current city o~fices. Councilmember Moyles was concerned about spr~nklers~ fire, parking, rentals, and a white'eiephar~t in general. l Councilmember Moyles feels we could use the! money better in the village. Harry Peacock reminded the Council that the house is unique and would 1.ike to keep it in the City of Saratoga. Vice Mayor Hlava feels it would be perfect for the'village. C~uncilmember Moyles suggested it could be useo for the Chamber of Commerce. Vice Mayor Hlava summarized we don't necessarily want to use itLfor office space but want to get someone else to use it. She suggested we discuss it with the village merchants. The Council directed ~ne City Manager to develop a plan of action to inform parties, other than the City, who might be interested. F. Request to Waive annexation for Parcel on Belap Rd. (APN 517-25-52) Continued to 4~16 at request of--applicant. 8. PUBLIC HEARINGS A. Appeal of approvat of size of windows on second story expansion at 14184 Ok~anagon Drive (Applicant, Mr. and Mrs. J. Hamm: appellant, T.~ ano L. Parker)(A-1169) Yuchuek Hsia, Plalnning Director, opened discussion with a summary of the proje~ct. Applicant is proposing a 505 sq. ft. second story expans!ion of an existing second story. The southerly neighbor has !appealed the approval because of the si~e of the proposed windows on the right side addition. Staff recommends City Counqil uphold Site Review's decision. The evergreens will provide privacy screening from the second stor.y window. ~ Mr. and Mrs. Parkbr spoke in opposition to the proposed addition. Mr. Parker stated ~e had no objection to the second 5tory, but the f'loor to ceiling window denies him of privacy in his bedroom and backyard spa. Mr. Parker said Planning advised him the City would oppose the larger windows, so he and his wife'did not attend the Planning Commission meeting. Additionally, they did not want to cause hard feelings with the Hamm~. Mr. Parker stated the Hamms, because of his employment, plan to live in Saratoga 3-5 years. Mr. and Mrs. Parker~plan to live here until retirement. Lou Lord, contractor for the Hamms,'spoke next.-. He 5-4/2/86 stated there was quite a distance between the two homes. The bigger (5') window would provide more light and a better view o~ the mountains. Designer Bob Aviles was next. He stated the windows are 5 ft., not ~ull height. The view ~rom the Hamm's bedroom views the garage and a minor portion o~ the Parkers' bedroom. Mr. Aviles discussed landscape: b.loom, screening, and angles. COUNCILMEMBERS FANELLI/MOYLES MOVED TO CLOSE THE PUBLIC HEARING AT 8:45 P.M. Passed 4-~. FANELLI/MOYLES MOVED TO DENY THE APPEAL AND UPHELD THE PLANNING COMMISSION'S DECISION. Passed 4-0. Staff was directed to ensure that required landscaping is planted before the certificate of occupancy is issued. B. Appeal o~ denial of design review approval ~or new parking deck and variance approval to allow 15 substandard parking spaces where approximately 69 spaces are required ~or the restaurant and retail-type uses on-site anc to allow no loading ~acilities or handicap parking spaces where a minimum of one o~-street loading space and one handicap space would be required at the northwest corner of Third St. and Big Basin Way (Appellant/applicant, Dr. and Mrs. J. Brozda)(V-720, A-1165) Sta~ reported that the project has a history of two previous variance requests. The first one in '81 was granted to allow ~urther investigation of parking solutions. Another was made in '8S ~or a parking deck for 15 spaces (replacing 7). No construction was completed and the variance expired. When the restaurant's new owner applied ~or a business license~ the applicant stated he had to apply for a variance. Doug Addams, Attorney at Law, represents the applicant. The applicant is willing to o~er in lieu spaces at $10,~00 a ~pace and asks ~or more time to solve the parking problem. He discussed intensification of use. The City Attorney stated the use changed from repair to retail, so a higher ratio was applied. The type o~ use involved more traffic and clientele. Doug Addams suggested that the City Council and the Brozdas work out a solution to the parking problem because everybody likes the restaurant. Bill Carlson~ owner o~ the Bella Mia~ spoke next. He acknowledges the parking is getting worse and requested guidelines to ~ollow. He stated he wants to work things out so he can stay in Saratoga. 6-4/2/86 Karen Duvore of Tollgate Interiors stated there has only been a parking problem since the construction of the inn. VICE MAYOR HLAVA/MOYLES MOVED TO CLOSE THE PUBLIC HEARING at 9:29 P.M. Passed 4-0. Discussion was held about possible solutions. Councilman Moyles proposed ~hat District ~5 and the resta'urant get together and resolve the problem. Virginia Fanelli summarized that the City had bent over backwarns to meet the parking requirement!s. The owners have made improvements on the site, but not on the parking. She asked city staff to report back in~ 1-2 meetings with number of spaces and costs and come to a written agreement with the Brozdas. The City Attorney stated a site inspection would be in order regarding parking d;istrict ratios (size of structure, not use). Cost depends on estimate of what Parking District ~5 will run,. Councilmember Fanelli is interested in other merchants~ contributions tow'ards the parking. Vice Mayor Mlava did not feel the parki'ng deck was fair to the other merchants and did not solve ,the problem. Fanelli wished to allow business to continue to operate while problems are resolved. FANELLI/HLAVA MOVE~D TO CONTINUE THE MATTER TO THE NEXT CITY COUNCIL MEETING, APRIL 16. PasseO 4-0. 9. CITY COUNCIL ITEMS Councilmember Callbn reported on Route S5 Policy- Advisory Board. A. Discussion of Oral communications not referred to Staff None ' B. Legislative Matters- (1) Letter from Assemb'lyman Harris requestin'g support for AB 5754 - Council expreZssed no.interest in funding (2> Letter from Senat~or Boatwright requesting s~ppOrt for SCA 9 Consensus to wri]te letter that the problem should be addressed through tightening up parole situation through legislation, not the Governo'r. (3) Memo from City Maniaget concerning Legislative 7-4/2/86 Bulletin recommendations - Recommendations approved. C. Heritage preservation Commission and Planning Commission Applications- Vice Mayor Hlava suggests we table the application process until we acquire more applications- Linda Callon would like to interview the applicants. CALLON/FANELLI MOVED'TO REAPPOINT SHARON LANDSNESS TO THE HERITAGE PRESERVATION COMMISSION. Passed 4-0. There was consensus to direct staff to readvertise the other vacancy on the Heritage Preservation Commission, as well as the vacancy on the Planning Commission, with interviews to be held after the election. Staff directed to so inform applicants. D. Policy Development Conference - (I) Follow-Up Meetings Consensus for Council to meet with SASCC and Public Safety Commission April 22: with Commission chairs June 24: with Finance Committee to go over budget May 29. Public hearing to adopt budget and utility user's tax rate June 4 (publication of notices of meetings, etc. to be moved to earlier dates accordingly). (2) Memo Concerning Followup Actions - Council approved City Manager's memo Eo items from Individual Councilmembers Consensus to send arts publication to arts groups as suggested by Callon. Regarding Diridon letter concerning reaffirmation of priority rail corridors, consensus was not to respond now. It was noted that response could be made at the April 10 public hearing. Consensus not to apply for California Design Award for handicapped access. 10. CLOSED SESSION Adjourned at 10:25 P.M. to closed session on potential litigation. Respectfully submitted, Peacock City Clerk i