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HomeMy WebLinkAbout04-01-1987 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: April 1, 1987 PLACE: Civic Theater, 13777 Fii:itvale Avci:ue, Saratoga CA TYPE: Regular Meeting 1. ROLL CALL: Mayor Hlava, Councilmembers Clevenger, Anderson, ~' ~roy:3;es .present at 7:11 P.M. Councilmember Peterson absent~ 2. CEREMONIAL ITEMS: A. Resolution 2413 Commending Andy Beverett for Service on Library Commission CLEVENGER/MOYLES MOVED ADOPTION OF RESOLUTION 2413 COMMENDING MR. ANDY BEVERETr FOR SERVICE ON THE LIBRARY COMMISSION. Passed 4-0. B. Presentation of Resolutions of Commendation to Mr. Andy Beverett, Ms. Pat Mahler and Ms. Wilma Morrison. Mayor Hlava presented the Resolutions of Commendation to Mr. Andy Beverett, Ms. Pat Mahler and Ms. Wilma Morrison and thanked them ca behalf of the City. C. Resolution 2414 Appointing Ms. Christie Jameson to Finance Committee and Ms. Barrett Moore and Ms. Barbara Peacock to Library Commission CLEVENGER/ANDERSON MOVED ADOPTION OF RESOLUTION 2414 APPOINTING MS. CHRISTIE JAMESON TO FINANCE COMMITFEE AND MS. BARRETT MOORE AND MS. BARBARA PEACOCK TO THE LIBRARY COMMISSION. Passed 4-0. D. Administration of Oath of Office to Newly-Appointed Commissioners Mayor Hlava administered the Oath of Office to Ms. Christie Jameson, Finance Committee, Ms. Barrett Moore and Ms. Barbara Peacock to the Library Commission. 3. ROUTINE MATTERS A. Minutes of Meetings of March 18, 1987, and March 24, 1987, approved as submitted. B. Approval of Warrant List approved as submitted. C. Report of City Cldrk on Posting of Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on March 27, 1987. 4. CONSENT CALENDAR: A. Plann'mg Commission Actions, March 25, 1987, - Noted and file& B. Heritage Preservation Commission Actions, March 4, 1987, - Noted and filed. C. Cable Television Local Access Policy Board Minutes, March 23, 1987, - Noted and filed · D. Public Safety Commission Minutes, March 9, 1987, - Noted and filed. E. Library Commission Minutes, March 25, 1987, - Noted and filed. MEETING OF THE CITY COUNCIL Page 2 APRIL 1, 1987 CONSENT CALENDAR Continued F. Ordinance 71-23 amending Article 16-65 of the City Code to include the ground movement potential maps of the Lower Saratoga Hillside Area (second reading and adoption) G. Ordinance HP-12 designating the Saratoga Volunteer Fire Bell and 14434 Oak St. as a · ' ' - ~ i-~efitage K~SttirCe (seCOnd 'xeadlng and adoption) - - .H. Ordinance HP-13'designating the Missionary Set~ement House at 14683 Oak St. as a Heritage Resource (second reading and adoption) I." ReiolUtiori'2347~9 Adjusting Bi~dget for Senior Center Addition as Appmved March 1'8, 1987 ! · . " . ' J. Approval of Attendance at California Municipal Treasurers Association investments · Workshop by Finance Director on April 21, 1987, with reasonable and necessary ' ' :'expenseS.. ' ':' . K. Resolution 2415 Designating Nafipnal Community Development Week sponsored by Councilmember Clevenger. ' ~ ' ~ · L. Final Acceptance, and Resolution 36-B:225 Accepting Dedication of Streets, Tr. ' : 6526, Parker Ranch (Blackwell Homes, Developer) M. Final Acceptarice and ResolUtion 36-B-226 Release of Bond, SDR 1206, Springbrook Lane, (Souther, developer) -"' ~' .N. Set AnnUal Meeting with Hakone Foundation Board - July 7, 1987 O. Request by Foothill Club for PermisSion to Hold Memorial Day Ceremony and Walk MOYLES/ANDERSON MOVED APPROVAL OF CONSENT CALENDAR. Passed 4-0. 5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC: A. Oral Con~munications from Commissions and the Public Col. E.T. Barco read a prepared statement addressing items of concern, namely: Lack ofc~xte enforcement within the City Non-enforcement of building and zoning ordinances B. Written Communications from the Public 1. Ann K. Bond, 15440 Via Colina, requesting ban of leaf blowers. Consensus reached to accept the recommended action, namely to send a letter of reply. 2. Margaret Dennis, 20201 Hill Ave., requesting ban of leaf blowers. Consensus reached to accept the recommended action, namely to send a letter of reply. 6. OLD BUSINESS A. One-Year Review of Reimbursement Policy The City Manager stated that the Council had already established an Expense Account Reimbursement with review at the end of a year; he noted the absence of any negative Staff comments in following the procedures set down. Consensus reached by the Council to continue the Reimbursement Policy as set down. MEETING OF THE CITY COUNCIL Page 3 APRIL 1, 1987 OLD BUSINESS Continued B. Report on Sanitation District #4 Annexation The City Manager noted that there had not been opportunity to complete all necessary analysis of this policy issue; he reported on a conversation with the Town Manager of Los Gatos. -' .~,e ~ity Maiiagei"no~c~d a bar~i~ poli,~)'-iss~;c cfWl;cth~r tl:c Smnitaficn Dis~ict should be able to annex into territon,. beyond the urban seriice areas of various corpxnunities and outside the , sphere of influence of respective jurisdictions. He called attention to growing controversy over the county's !'abandonment" of their urban services policy, notably in the south county area. He noted the significant policy content of this issue and questioned whether LOs Gatos' concerns should be of equal import to the City of Saratoga; Staff was unprepared at this time to make a recommendation to the Council. Councilmember Clevenger, Representative for Sanitation District 4, noted the upcoming public hearing and asked for the confidence of the Council that her decision after the public hearing would reflect the interests of the City of Saratoga and the best interests of Sanitation District 4; she noted the inappropriateness of being instructed how to vote before the public hearing had been conducted. Mayor Hlava noted that her primary concern was public safety. Consensus reached that the Council did not have an official position on this issue at this time. 7. NEW BUSINESS A. Appeal of condition of approval of encroachment permit to allow a 4.5 ft. high wooden fence in the public right -of-way at 14280 Patti Ave. in the R-l-10,000 zoning district per Ch. 14 of the City Cede, the condition being that the height of the fence be reduced to 3 ft. (Appellant/applicant, J. Kovacs) (EP 87 001) Planning Director Hsia reviewed the application and the decision reached by the Planning Commission. Mr. Joseph Kovacs, Appellant/applicant, introduced a photograph showing the removal of some bars in the fence which he stated would remove doubts about the safety of the fence. He disputed the contention that the fence would set a precedent; the middle section of the fence provided them with the privacy to which they were entitled. Planning Director Hsia noted that the Appellants photograph accompanied by a modification in the fence had not been presented for consideration to the Planning Commission. Mrs. Margaret Sherrill, 14290 Paul Ave., Saratoga, reviewed the circumstances which posed a safety hazard. She questioned the: Method of measuring the height of the fence Raised level of ground from the right-of-way Front panel of fencing and questioned its extension toward the side yard Consauction of the fence which had movable bars Councilmember Anderson favored retuming this application to the Planning Commission for further consideration of proposed changes made by the Appellant; Councilmember Clevenger concurred, added that the Council could also accept the recommendation of the Commission. She noted the recently passed Ordinance which prohibited fences over 3 ft. in height and asked that concerns regarding code enforcement cited by Mr. Kovacs be forwarded to the Sheriffs depax iment for a response. Councilmember Moyles stated that issues had been adequately addressed; Mayor Hlava concurred, noting the careful review and reasonable conclusion arrived at by the Commission. Councilmember Anderson commented that the panel of fencing did not provide the security the Appellants desired; she concurred with conclusions machod by other Councilmembers. HLAVAJCLEVENGER MOVED TO DENY THE APPEAL, AFFIRMING THE DECISION OF THE PLANNING COMMISSION. Passed 4-0. MEETING OF THE C1TY COUNCIL Page 4 APRIL 1, 1987 NEW BUSINESS Continued B. Resolution 2416 Declaring Existence of Public Nuisance at 13675 Quito Rd. (D. Smith) The City Manager stated that the agenda and the proposed resolution were sent to the address listed; packet unclairaed due to,.vacated premises. Mr. Smith was not present in the audience. ' he C The City Attorney reviewed t ' status of the proposed resolution and advised the ouncil of :. ::actions a,t the .C0uncil level. He:added'that'his Office had. initiated criminal proceedings for - , - .-~uisance abatement; ;a :complainr wasfded Oct0berl ~1986, with a subsequent complaint filed . .in: FebrUax2..,~ 1:987:: ..An arrest was made in March.' Criminal proceedings are separate and in "addition to any proceedings conductedby theCouncil., ? . ' ' ~ HLAVA/MOYLES MOVED TO APPROVE RESOLUTION 2416, DECLARING THE · ,' "EXISTENCE OF PUBLIC NUISANCE .AT 13675 QUITO RD.,SARATOGA, CA, AND ' ,., ORDERING INITIATION OF A NOTICED NUISANCE ABATEMENT PROCEDURE ! · ,'. PURSUANT TO .ARTICLE 3.15 OFTHE CITY CODE. Passed 4-0. 'Councilmember Moyles asked that the record reflect that the Council had carefully considered all the evidence, including the three incident reports filed, pertinent correspondence and · ' information provided by the,City Attorhey and Staff; he noted the absence of any rebuttal presented by Mr. Safith. 8, PUBLIC HEARINGS - A, Ordinance amending Article 15-56 of the City Code to modify the provisions concerning legalization of.certain existing second units (AZO-87-001) (fast reading) Planning Director HSia presented the Report to the Mayor and City Council of March 27, 1987. The Public Heating was opened at 7:56 P.M. Ms. Lois Cockshaw, 20995 Canyon View. Dr., Saratoga, noted the difficulty of determining the number of second units in the City and questioned enforcement of the proposed Ordinance. She asked whether second units were being used to house other than senior citizens and if so, how could safety and lure requirements be effectively maintained on these units. MOYLES/CLEVENGER MOVED TO CLOSE THE PUBLIC HEARING AT 8:00 P.M. Passed 4-0. . Councilmember Clevenger noted: COncurrence with Planning Commission that the proposed Ordinance would not solve the problem of illegal second units nor would it encourage individuals to come forward; this was primarily due to the lack of pro-active enforcement. Recent appeal considered' by the Council which probably would have been approved under the proposed Ordinance; she stated she would not vote in favor of this amendment. Councilmember Moyles commented that the essential features of the Ordinance on second units had existed for a number of years and that there had been virtually no reaction on the part of the public to the proposed amendment. Cities have been placed in the impossible position of appearing to neglect Ordinance requirements or enforcement of a policy not publicly advocated. He concurred with Commissioner Siegfried's comments and disagreed with statements suggesting that the amendment would promote substandard housing. He would vote for the proposed Ordinance in the hope that health and safety hazards would be eliminate& Councilmember Anderson concurred regarding health and safety problems; she noted the difficulty of this issue, due to a lack of active enforcement and the lack of community interest. She noted that healtEh, safety and privacy would be addressed in the proposed Ordinance and she supported this amendment to the Ordinance. MEETING OF THE CITY COUNCIL Page 5 APRIL 1, 1987 PUBLIC HEARINGS Continued Mayor Hlava noted concerns regarding enforcement and the difficult position of Staff in this matter. While she would not liberalize regulations applying to new second units or units built since the passage of the Ordinance, nontheless, existing second units need to be reviewed which would be accomplished under the proposed amendment. M~','LESfi-~AVA MOVED TO INTRODUCE AN ORDINANCE AI~?_ENnDING AR.~..CLE 15-56 OFTHE CITY CODE TO MODIFY PROVISIONS CONCERNING LEGALIZATION OF CERTAIN EXISTING SECOND UNITS.Passed 3-1, Councilmember Clevenger opposed 9. CITY COUNCIL ITEMS: A. Reports from Individual Councilmembers Mayor Hlava - Letter from David Pines regarding Possible Conflict of Interest. The City Attorney noted rulings of the Fair Political Practice Commission and language of the Conflict of Interest section of the Government Code; he reviewed status of the project in question, drawings of which were prepared by Mr. Pines. He had advised Staff of any applicable regulations; in his opinion, there had been no legal violations and noted that the question before the Council was a policy decision. Mayor Hlava commented on the difficult nature of this issue; she expressed appreciation for the contributions of Mr. Pines to the Planning Commission. Councilmember Moyles noted his own efforts not to create even an appearance of a conflict of interest. He noted the integrity and talent of Mr. Pines; however, work on the project in question would create an appearance of conflict of interest in the minds of some individuals. Satisfaction of the letter of the Fair Political Practice Commission requirements would be unsatisfactory to some. He asked that Planning Commissioners not work on projects which would come before that body, thus avoiding this conflict. Mayor mavi noted concerns regarding appearances; the project in question was very visible to the community and a number of policy decisions referred to the Commission for a decision would impact this project. She felt obliged to accepted the resignation of Commissioner Hnes. Councilmember Clevenger noted the expertise Mr. Pines brought to the Commission; she questioned accepting the resignation since the issue had not come up before and the situation in question met the letter of the law. She asked that this situation be used as a basis for development of Council policy, insuring that such would not occur again. CounCilmember Anderson concurred on the expertise brought to the Commission by Mr. Pines; she noted the importance of stepping down if involved in such projects, rather than simply absenting from a particular vote, in order to have the public confidence and avoid any appearance of unfairness. With reluctance, she accepted the resignation offered by Mr. Pines. Councilmember Moyles, having heard concerns expressed by the Council, concurred with the consensus reached; he qualified his vote stating that such did not reflect any judgment on Mr. Pines' integrity and complimented him for voluntarily offering to resign his seat on the Commission, The issue in question was appearance. Councilmember Clevenger stated she would vote in accord with the consensus of the Council. ANDERSON/HLAVA MOVED TO ACCEPT THE RESIGNATION OF MR. PINES FROM THE PLANNING COMMISSION AS OFFERED. Passed 4-0. Councilmember Moyles asked that a formal written policy be developed; he noted consensus of fairly strict standards that the Council wished to employ. Mayor Hlava directed Staff to prepare a Resolution of Commendation for Mr. Hnes. MEETING OF THE CITY COUNCIL Page 6 APRIL 1, 1987 CITY COUNCIL ITEMS Continued Councilmember Anderson reported on the Transportation Commission Meeting. She artended a luncheon at the Senior Center at which an audiologist spoke. Mayor Hlava noted the Report issued by the Solid Waste Committee. ADJOURNMENT: TO A CLOSED SESSION ON REAL ESTATE NEGOTIATIONS WITH CAL TRANS - CITY OWNED PROPERTY ALONG HIGhWVAY 9 AT TOLLGATE ROAD AT 8:35 P.M. Respectfully submitted, ecor g ecretary .!