Loading...
HomeMy WebLinkAbout03-18-1987 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: March 18, 1987 PLACE: Civic Theater, 13777 Fmitva!e Ave'.nue, Saratoga, CA TXq?E: Regular Meeting 1. ROLL CALL: Mayor Hlava, Councilmembers Clevenger, Anderson, Peterson present at 7:04 P.M. Coun_cilmember Moyles absent. 2. CEREMONIAL ITEMS: A. Resolution 2408 on Thirtieth Anniversary of paul Masson Series sponsored by · ' Mayor Hlava B. Resolution 2409 of the City Council acting on behalf of West Valley College and the City of Saratoga appointing Members to the Cable TV Local Access Policy Board C. Proclamation of ScienCe Fair Week D. Proclamation of Earthquake Preparedness Month E. Resolution 2410 Declaring the Year of the Reader PETERSON/ANDERSON MOVED APPROVAL OF CEREMONIAL ITEMS. Passed 4-0. Mayor Hlava administered the Oath of Office to Mr. Benjamin Strong, Jr., Mr. Robert Clancey and Ms. Gay Crawford, who were appointed to the Cable TV Local Access Policy Board. 3. ROUTINE MATTERS A. Approval of Minutes of Meeting of March 4, 1987 CLEVENGER/PETERSON MOVED APPROVAL OF THE MINUTES OF MARCH 4, 1987, AS SUBMITFED. Passed 4.0. B. Approval of Warrant List: ANDERSON/HLAVA MOVED APPROVAL OF WARRANT LIST. Passed 4-0. C. Report of City Clerk on Posting of Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on March 13, 1987. 4. CONSENT CALENDAR - CLAIMS: · A. Claim by B. Hippensteal concerning branch which struck automobile CLEVENGER/PETERSON MOVED TO DENY CLAIM OF B. HIPPENSTEAL. Passed 4-0. 4. CONSENT CALENDAR - OTHER ITEMS: A. Resolution 2411 Extending Time on Expiration of Tentative Map Approval for SD 1368 (Chadwick/Cocciardi Subdivision) .- MEETING OF THE CITY COUNCIL Page 2 MARCH 18, 1987 CONSENT CALENDAR - OTHER ITEMS Continued B. Proposal to close portions of Hwy. 9 on June 7, 1987, for Blossom Festival ' ' C. Heritage Preservation Commission Actions, February 18, 1987, - Noted and filed. D. Final Acceptance for Tr. 7283, 3rd and Oak St., (Fanelli, Sorenson and Garner, " · · developers) ~d Resoi-ati~n~{26--B--224 E: Final Map Approv~d, SDR 1620, Bainter AvenUe, 1 lot (G. Hxy.?ng, DeVeloper) F..Acceptance and Acknowledgment of Donation of Trees to E1 . ~ . QuitoiPark (Mr. and Mrs. J. Root) ,.: · , . - - . , G. Certification of City EIR ~onsultant List H. Financial Summary - February 1987 (Clerk's Note: No-Planning Commission actions-were available because the regularly , scheduled meeting of March 11 was cancelled.) On Item C., Mayor Hlava questioned Heritage Preservation Commission Minutes of February I8, 1987, IV~ B., General discussion on Saratoga. SchooL She noted the policy of the Council and City, namely, that possible closure of a school was the School Board's responsibility to determine; she expressed concern regarding the action of the Commission. Consensus reached to communicate to the Commission, City policy on this issue; Mayor Hlava will discuss this with the Commission Chairperson and the Planning Director will communicate with Staff in attendance at meefngs. On Item B., the City Manager noted concern regarding sales by vendors ;' Staff 1 will monitor that ~>r-profit organizations have business licenses and that sales tax be collected and reported for all organizations selling taxable items. CLEVENGER/ANDERSON MOVED ADOPTION OF CONSENT CALENDAR. Passed 4-0. 5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC: A. Oral Communications from the Public and Commissions Col. E.T. Barco read a prepared statement addressing the following items: Prohibition against citizens having a burglar alarm under certain circumstances · - Lack of adequate Code enforcement in neighborhoods; examples were cited. Request for further consideration regarding broadcasting of City Council Meetings Review of all Commissions, particularly, the Heritage Preservation Commission Reduction of the City Council agenda Commendation for Mr. Trinidad and the City Maintenance Department City Manager reviewed provisions of the Burglar Alarm Ordinance in response to the above. B. Written Communications from the Public 1)Eric D. Rasmusson, Los Gatos-Saratoga Board of Realtors, concerning disclosure proposal. Consensus reached to meet with the Public Safety Commission at 6:00 P.M. and the Board of Realtors at 8:00 P.M. on April 21, 1987; there will be no Meeting on April 7, 1987. 2)Dianne McKenna, County Board of supervisor, requesting support for creation of Freeway Call Box System in Santa Clara County. Councilmember Anderson stated her strong support for the proposed Call Box System. PETERSON/ANDERSON MOVED APPROVAL OF RESOLUTION 2412 ESTABLISHING A SERVICE AUTHORITY FOR FREEWAY EMERGENCIES IN SANTA CLARA COUNTY. Passed 4-0. MEETING OF THE CITY COUNCIL Page. 3 MARCH 18, 1987 COMMUNICATIONS FROM THE COMMISSIONS AND THE PUBLIC Continued 3) Senator Daniel Boatwright, California Legislature, requesting suppoxt for SCA 9, with would enable the Govemor to block parole of convicted ldllers. CLEVENGER/HLAVA MOVED TO SEND A LETTER SUPPORTING PROVISIONS OF THE BILL RELATIVE TO THE PAROLING OF CONVICTED FELONS. Passed 4-0. :, ~: OLD B~jSINESS A. Foljcy Development Conference Notes Councilmember Clevenger asked that the Route 85 Freeway Agreement be included in the .!' priorities listed. Councilmember Anderson asked about ~osts of reslzxpn_ding to the RFP[ for the project listed in Item Twenty-three. ~the_City Manager will include reference to th~ Route 85 Freeway i~gree~_nt in the final copy of fne Policy Dex~elolz~jent Conference notes. 7. NEW BUSINESS A. Tax Reform Act of 1986 - Impact on Cost of Utility Undergrounding and Utility Provision The City Manager reviewed the Report to the City Council of March 13, 1987, and called attention to Section 824 of the 1986 Tax Reform Act. He noted the significant impact of this legislation on the national economy and questioned the impact on the City, in addition to the significaht impact which would be felt by developers. He suggested the Council authorize Staff to communicate with Public Utilities Commission, management of PG&E, the Congress of the United States and the League of California Cities, citing problems and inequities of this legislation and asking that these entities address the issue immediately. The City Attorney noted that the final stages of developing a Water District were be i/nilt Comp 1 e ted. / The Tax Reform Act may impact these developments as well; in ' Such a case, financial projections would have to be completely revised. The City Manager discussed concerns surrounding the undergrounding of utilities. Councilmember Clevenger suggested the Council accept the City Manager's recommendation, communicating concerns to the appropriate bodies; with regard to Dr. Sturla's request, to proceed under the premise that this was of public benefit. She asked that if for some reason the project of Dr. Sturla were delayed, could monies held by the City for undergrounding be used to make up any deficit, thus, preventing delay of the project . This would, in effect, demonstrate that the project was a community endeavor. The City Manager endorsed the alternative suggested by Dr. Stu~a in a letter of March 2, 1987. Consensus reached by the Council to accept the above actions; in addition, Congressman Leon Panetta, the California Representative on Budget Committee, would be contacted by letter, communicating the concerns already cited and requesting information. Mayor Hlava noted the discrimination against cities which do not provide their own utilities. Consensus reached regarding Dr. Sturla's situation, namely, that a covenant would be enacted for the development of a second lot; this information will be communicated to the Planning Commission. B. Award of Bid for Senior Center Addition The City Manager reviewed the Memorandum of March 18, 1987, noting the recommendation made by Staff. Mr. Richard Drake, Saratoga Area Senior Coordinating Council, made himself available for questions; he confirmed that alternative sources of funding were being pursued and would continue to be sought. Councilmember Peterson stated he would vote favorably for this item; however, he noted that the logn repayment agreement was firm. Mayor Hlava commented on the increasing costs of building this addition. MEETING OF THE CITY COUNCIL Page 4 MARCH 18, 1987 NEW BUSINESS Continued CLEVENGER/HLAVA MOVED TO ACCEPT THE LOW BID OF G. SWANSON CONSTRUCTION CO., DIRECTING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT AND TO FUND UP TO AN ADDITIONAL $65,000 FROM UNAPPROPRIATED RESERVES ON THE CONDITION THAT AN AGREEMENT BE ENTERED INTO ~ SASCC AND THE CITY FOR REIMB~ OF THE FUNDS. Passed 4-0. / C. Legislative Action with Respect to AB 1013 (Baker), SB 662, and SB 512 (Ellis)~ CLEVENGER/ANDERSON MOVED TO AUTHORIZE COMMUNICATION WITH LEGISLATIVE REPRESENTATIVES IN SACRAMENTO REGARDING OPPOSITION TO :;LEGISLATION AB 1013,' SB 662 AND SB 51.2. Passed 4-0.'; ' :- .... D. 'Report on State Library Funding Status (Information Only). 'Ms.'Marilyn Kanemura, Library Commission Chairwoman, provided additional information upon request of the Council. HLAVA/CLEVENGER MOVED APPROVAL OF A LETTER TO BE ~ TO ASSE/vBLY~ VASCONC'k'rr,TOS}IN SUPPORT OF ADDITIONAL FUNDING OF LIBRARIES. Passed4-0. ,, 8. PUBLIC HEARINGS . ·: g) A. Ordinance Prohibiting Dogs from Saratoga Parks (furst rea n The City Attorney reviewed a Memorandum and answered questions addressed by the Council. The Mayor asked for a show of hands in favor of a~d opposed to the proposed Ordinance. The Public Hearing was opened at 8:11 P.M. Mr. Mark Piercei Parks and Recreation Commission, reviewed the events of the past year and noted the two public hearings already held by the Commission. He stated that the Commission did not want to prohibit dogs in City parks but present laws were not enforceable. Col. E.T. Barco, E1 Camino de los Barcos Home OWners Association, stated that not properly exercising dogs was the crime. He felt a problem did not exist and dogs should not be banned from City Parks. He suggested the foliowing: · - Creation of a dog mn or exercise pen in one or more of the City parks Designation of one park to be the only park where dogs are allowed Combination of the above People watch where they are walking Mr. Richard Holden, representing Congress Springs Park area, stated that dog owners had agreed to police the park. He felt Community Service Officers had not been visible in the parks until a recent article appeared in the San Jose Mercuxy News. He was not in favor of additional legislation and favored enforcement of current laws. Mr. Bill Perkins concurred with Mr. Holden's comments and suggested that if weeds were removed from fields adjoining Congress Springs Park, dogs could be walked in this area. He asked the Council to consider the issuance of permits to dog owners. Dr. Warren Sturla, Chateau Dr., Saratoga, noted there is a plant organism that can invade a dog's body and cause cysts; he asked that the Council consider this hazard to huavans. Mr. George Vianson, 20780 4th St., Saratoga, noted that the proposed Ordinance was naive in that prohibiting dogs from the parks would simply move the problem to the streets of Saratoga. People have to be held responsible for their dogs through issuance of $50 tickets; he favored elimination of warnings and asked that Cede Enforcement Officers walk, not drive, the park. MEETING OF THE CITY COUNCIL Page 5 MARCH 18, 1987 PUBLIC HEARINGS Continued Mr. Tom Reddick, 12389 Larehmont Ave., Saratoga, noted that intervention taken to remind dog owners of violations in Kevin Moran Park were rejected. He disputed the premise that allowing dogs in parks was a way for senior citizens to meet others and noted the health hazards to young children exposed to excrement. He strongly favored the recommendation of the Parks and Recreation Department. Mr. Bill Sheridan, 19766 Elisa Ave., Saratoga, reviewed discussions at Parks*and Recreation Meetings and City COuncil Meetings during the past 5 years and cprm~ended. the efforts of Code Enforcement Officers. Notices of the lease law which he posted were destroyed by owners of dogs. 'Enforcement of the leash law would not solve ~the problem; banning dogs in parks was th~ only enforcement and remedy for problems in Keyin Moran Park. Mr. Ed Gomersall, 19817 Veronica Dr., Saratoga, felt that dog excrement in Kevin Moran Park was not a serious problem. He noted his concern that a minority of individuals were legislating for the rest of the community and considered this to be the primary issue. He suggested the posting of park signs in visible locations, information spelled out more clearly and increased publicity of concerns was the solution. Ms. Marge Myer, Glen Brae Dr., Saratoga, added that dog walkers patrol parks, preventing vandalism and often clean up bottles and trash while there; walking dogs on sidewalks caused injury to their feet. Mr. Jerry Larkin, De Havilland Dr., Saratoga, suggested that a pet area be provided in the parks. Mr. John Grebenkemper, 19490 Miller Ct., Saratoga, observed the majority of problems in Keyin Moran Park were from a minority of dog owners. He noted the behavior and comments of owners who were already in violation of the leash law; a new Ordinance would not be any more enforceable. He favored strict enforcement of the leash law, increased' fines and providing alternatives so that dogs could run loose. Mr. Stanley Thompson, Sara Glen Dr., Saratoga, noted that dog owners provided a service when walking their dogs, including picking up trash and litter, observation of activities which did not belong in the parks and abatement of weeds. Mr. William Hallman, City Park maintenance employee of the City, stated that extra work time was required due to unleashed dogs; he reviewed the status of individual parks. In response to Councilmember Clevenger, he stated that issuance of citations by City maintenance workers would be a waste of time; removal of trash was of greater visual benefit to the parks than maintenance employees citing citizens for violations of the lease law. He confumed that Keyin Moran and Congress Springs Parks had problems. PETERSON/CLEVENGER MOVED TO CLOSE THE PUBLIC HEARING AT 8:58 P.M. Passed 4-0. Councilmember Clevenger noted the objective was to have attractive parks and questioned whether the proposed Ordinance would provide the solution. A prohibition of dogs in parks might result in a reduction of park use and would move problems to other areas, such as school property. She favored maintaining the attractiveness of the parks and still allowing owners to bring their dogs. She noted that Mr. Holden offered to organize a citizens group for Congress Springs Park which would patrol the area and commented that this seemed to be an ideal solution. In response to her request, a volunteer from the Kevin Moran Park area assured the Council that there were individuals interested in forming such a group for this Park. She suggested that frees be increased and warnings be eliminated. Councilmember Anderson cited an incident of citizen intervention and concurred that constit- uency groups might be an effective solution. She noted Ms. Peggy Corr's suggestion of providing an enclosed area for dogs and asked whether the orchard area in Kevin Moran Park would be suitable for such an enclosure. MEETING OF THE CITY COUNCIL Page 6 MARCH 18, 1987 PUBLIC HEARINGS Continued Councilmember Peterson was not favorable to maintenance workers enfoming City Ordinances and questioned whether citizens were able to handle enforcement. He favored stronger enforcement, more visible signs and use of volunteer groups; he was unfavorable to any expenditure of funds for a separate area for dogs. M~yor ~ava felt a problem definitely existed at Kevjn Moran Park and bad existed fear a '~ number· of. years; however, banning:dogs from City parks :might hot be enforceable. She · favored use Of A,se:p~rate. dog :area al~ both Kevin Moran: and Congress Springs ,Parks, 'increased~ enf6rdeh~ent and the elimination of wimings. ShewaS:als0 favorable tO;volunteer groups and -,: noted that law abiding behavior required the support o.f' th~ community.: ,. The Director of C. ommunity Services stated that current policy did not include the use of warnings; all violations were citedE ..... Consensus reached by the Council on, stricter enforcement, setting bail schedule for violations, · ,~ consideration of and projected cost 0f a separate area for dogs for Kevin Moran and Congress Springs Park; Councilmember Clevenger will coordinate efforts to organize volunteer groups. The Mayor recessed the Meetin~ from 9:25 - 9:36 :P:M. B. Ordinance amending Article 16-65 of the City Code to include the ground movement potential nmps of the lower Saratoga Hillside Area (furst reading) The City Attorney :reviewed the purpose of the proposed Ordinance amendment. :The Public Hearinl; was opened at 9:42 P.M. Ms. Betsy Mathison, Geologist with Terratech, reviewed technical map designations used. PETERSON/ANDERSON MOVED TO CLOSE THE PUBLIC HEARING AT 9:44 P.M. Passed 4-0. PETERSON/ANDERSON MOVED TO INTRODUCE AN ORDINANCE AMENDING ARTICLE 16-65 OF THE CITY CODE TO INCLUDE GROUND MOVEMENT POTENTIAL MAPS OF THE LOWER SARATOGA HILLSIDE AREA. Passed 4-0. C. Ordinance HP-12 designating the Saratoga Volunteer Fire Bell at 14434 Oak St. as a Heritage Resource (first reading) D. Ordinance HP-13 designating the Missionary Settlement House at 146830ak St. as a Heritage Resource (furst reading) The Public Hearing was opened at 9:47 P.M. There were no speakers. PETERSON/ANDF. RSON MOVED TO CLOSE THE PUBLIC HEARING AT 9:48 P.M. Passed 4-0. PETERSON/HLAVA MOVED TO INTRODUCE ORDINANCES HP-12 AND I-IP-13. Passed 4-0. 9. CITY COUNCIL ITEMS: A. Reports from Individual Councilmembers Sanitation Disuict #4 Annexation Policy: City Manager reviewed the Annexation Policy; Councilmember Anderson noted that increased hillside development could occur in hillside area behind The Cats Restaurant in Los Gums. Consensus reached that Staff will review any policy imptications for the City. MEETING OF THE CITY COUNCIL Page 7 MARCH 18, 1987 CITY COUNCIL ITEMS Continued Policy Advisory Board Meeting of March 16, 1987: Councilmember Clevenger reported that responses to concerns on the Strategic Plan for Measure A had been received; she presented a Summary addressing cost effectiveness for review. LCC Peninsul&.,Divl Meeting: C~c'~ Peterson volunteered _~he~C~f Saratoga to host the July meeting; he suggested the event be held at Hakone Gardens. "' ' Transportation Commission: Councilmember Anderson reported on the recent Meeting. San Jose Business License Tax on Landfills: Mayor Hlava reported on policy decisions; Members of the West Valley Mayors and Managers will further discuss this issue. Appointment of Commissioners PETERSON/CLEVENGER MOVED TO APPOINT MS. CHRISTIE JAMESON TO THE FINANCE COMMITTEE AND MS. BARRETF MOORE AND MS. BARBARA PEACOCK TO THE LIBRARY COMMISSION. Passed 4-0. B. Planning Commission March 24, 1987, Study Session Items: Councilmembers had no additions the list already submitted. ~ TO A CLOSED SESSION ON LITIGATION AT 10:46 P.M. AND THEN TO MARCH 24, 1987, 6:00 P.M. AT THE SARATOGA COMMUNITY CENTER, 19655 ALLENDALE AVE., SARATOGA. Passed 4-0. Respectfully submitted,