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HomeMy WebLinkAbout01-20-1988 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: January 20, 1988 PLACE: Civic Theater, 13777 Fruitvale Avenue, Saratoga CA TYPE: Regular Meeting 1. ROLL CALL: Mayor Peterson, Councilmembers Anderson, Clevenger, Hlava, Moyles present at 7:30 P.M. 2. CEREMONIAL ITEMS: A. Resolution 2460 reappointing Planning Commissioners HLAVA/CLEVENGER MOVED APPROVAL OF RESOLUTION 2460 REAPPOINTING MEMBERS OF THE PLANNING COMMISSION. 'B . Administration of Oath of Office Mayor Peterson administered the Oath of Office to Ms. Susan Guch and Ms. Janet Harris. 3. ROUTINE MATTERS A. Approval of MinUtes: Meeting of January 6, 1988 CLEVENGER/HLAVA MOVED APPROVAL OF MINUTES OF JANUARY 6, 1988 AS · PRESENTED. Passed 5-0. B. Approval of Warrant List: CLEVENGER/I-ILAVA MOVED APPROVAL OF THE WARKANT LIST. Passed 5-0. C. Report of City Clerk on Posting of Agenda Pursuant to Govemment Code 54954.2, the agenda for this meeting was properly posted on January 15, 1988. 4. CONSENT CALENDAR: A. Planning Commission Actions, January 13, 1988, - Noted and filed. 'B .Public Safety Commission Minutes, December 14, 1987, - Noted and fried. C. Heritage Preservation Commission Actions, December 16, 1987, - Noted and fried. D. Notice of Completion and Increase of Contract Amount for Community Center Alarm System E. Agreement with Warren Heid and Assoc. for Architectural Services for Senior Center Addition F. Authorization of Montalvo Footrace on April 23, 1988, oonditioned on compliance with Special Events Ordinance G. AuthoriZation of Attendance by City Manager with reasonable and necessm'y expendi- tures at 1988 League of California Cities Annual Meeting, San Diego, February 10:12, 1988 H. Resolutions 2461 and 2462 on Candidate's Statement and Consolidation of Election for June 1988, Municipal Election I. Installation of Bicycle Warning Signs on Quito Road and Pierce Road MEETING OF THE CITY COUNCIL Page 9 JANUARY 20, 1988 CONSENT CALENDAR Continued J. Resolution 36-B-229 Final Acceptance for SDR 1478; Brookwood (J. politi, Developer) K. Approval of Congress' Springs Park Agreement w~th Little League ' L. Resolution 2411.I staying the period of time for tentative subdivision map approval pursuant to Section 66452.6 (c) of the Government Code for 11-lot residential subdivision of 51.5 acres at Old Oak Way and Pierce Road in the Northwestern Hillside Residential Zone; General Plan Residential, Hillside Conservation (SD 1368.5; Applicant, Cocciardi) M. Authorization of Purchase of Truck Cab, Chassis and Leaf Body for Total AmOunt.of $20,520' .46. N.ResolUtion 2429.8 Adjusting Budget - Tranffer of Existing Appropriations to cover Sister City Appropriation Shortfall Councilmember Hlava requested that Item E. be removed from Consent Calendar. HLAVA/MOYLES MOVED APPROVAL OF CONSENT CALENDAR WITH REMOVAL OF ITEM E. Passed 5-0. The City Manager provided information on architectural services to be provided. HLAVA/MOYLES MOVED APPROVAL OF CONSENT CALENDAR ITEM E. Passed 5-0. 5.COMMUNICATIONS FROM COMMISSIONS AND 'I~HE PUBLIC: A. Oral Communications from the Public and Commissions Ms. Linda SaFe, 12664 Wardell Ct., Saratoga, requested consideration of City sponsor- ship of a visit of Soviet citizens in April, 1988; information was presented. Consensus reach to lace uest n e a enda of e ' '' ' B. Written Communications from the Public 1. Chfistina and Joseph Gulrich, 12308 Walden Ct.,Iobjecting to ticket. j Noted, acknowledged and filed. 2. Kenneth F. Sinclair, 19615 Saratoga-Los Gatos Rd., supporting interchange and truck traffic .on Hwy. 85. - Noted, acknowledged and filed. 3. Joanne and Clark L. Bassett, 19401 Crisp Ave., supporting culmination of Crisp Ave. in a cul-de-sac. o Noted, acknowledged and rued. 4. Jim Beall, City of San Jose, conceming MTC Report. ........ Councilmember Hlava asked that an acknowledgement be sent to Mr. Beall in support Df the"*': ..... MTC Reportsent. The City i,~az~.er was directed to draft a reply for review by the Courted. CLEVENGER/ANDERS ON MOVED TO NOTE, ACKNOWLEDGE AND FILE WRrl COMMUNICATIONS FROM THE ABOVE INDIVIDUALS. Passed 5-0. 6. OLD BUSINESS A. Resolution 2463 concerning Truck Traffic on Route 85 Councilmetal:or Moyles asked that this Item be consolidated with the Route 85 public hearing; Councilmember Hlava ,was not favorable to a separate public hea2fing on this Item. ., . : Conncilmember CleZ, enger was unfavorable to consolidating this item with Route 85 hags; she noted prior discussions on the issue and stated that she was prepared to vote at the time.. MEETING OF THE CITY COUNCIL " page. ~ JANUARY 20, 1988 . .... OLD BUSINESS Continued Mayor Peterson stated that he would support the resolution proposed. HLAVA/ANDERSON MOVED ADOPTION OF RESOLUTION 2i163 PROHIBITING TRUCK TRAFFIC ON ROUTE 85. Passed 4-0-1, Coungilmember Moyles abstaining..-)i :. Councilmember Moyles stated that he abstained not because he opposed the Motion, but because he felt that separating this issue from o.ther concems on Route 85 was inappropriate. 7. NEW. BUSINESS ,: A. Report from Planning Director on City of Tustin Community Improvement Program '- Planning Director Hsia reviewed the Memorandum of January 13, 1988. ; ..: Councilmember Moyles felt that the Tus~n program was not designed for a City lilac saratola2 Councilmember Hlava concurred and stated that any increase in duties of Community Service · Officers would need to be discussed at budgeting time. Councilmember Anderson noted that Tustin and Saratoga were similar in demographics; the information provided may suggest alternatives for Saratoga in dealing with civic concerns. Councilmember Clevenger responded that targeting sections of a' City may not be a positive program for improvement; she suggested consideration of alternatives. Consensus reached by the Council to mad, discuss and file. B. Resolution 2464 Increase in Civic Theater Rental Rates MOYLES/HLAVA MOVED ADOPTION OF RESOLUTION 2464' AMENDING THE FEE SCHEDULE FOR THE CIVIC THEATER RENTAL RATES. Passed 5-0. C. Annual Review of City Investment Policy The City Manager noted for the record that proposed changes to the Investment Policy were reviewed by the Finance Committee. HLAVA/CLEVENGER MOVED APPROVAL OF AN AMENDED INVESTMENT POLICY. Passed 5-0. D. Selection of Engineering Consultant for Village Parking District #3 The City Manager reviewed the Report to Mayor and City Council of January 14, 1988, and noted qualifications and recommendations of R. C. Smith Engineers in executing this project. HLAVA/ANDERSON MOVED TO DIRECT STAFF TO COMPLETE NEGOTIAi4IONS WITH R. C. SMITH ENGINEERS FOR CONSULTING SERVICES FOR VILLAGE ' PARKING DISTRICT #3. Passed 5-0. 8. PUBLIC HEARINGS The City Manager stated that the Applicant/Appellant, Chevron U.S.A., Item B. of Public Hearings, had requested a Continuance of the Appeal due to the illness of its repmsentativeZ" - Consensus reached to Continue V-87-020 to the Meeting of February 3, 1988~ per request of the Applicant/Appellant. A. Consideration of proposed cancellation of a Williamson Act Contract, subject to various conditions. The property is 5.1 acres of partially developed lots and apricot orchard 20851 Saratoga Hills Rd. Applicant ultimately proposes to subdivide the property into ' nine (9) residential lots. Property is bordered on the north by Trinity Avenue, on the east by Pontiac Avenue, and on the south by Saratoga Hills Road and Pontiac Avenues. A Negative Declaration has been prepared for the project. (Applicant, Florence Nelson Foundation) (GP 87-003, ZC 87-003) (Continued from December 2, 1987) MEETING OF THE CITY COUNCIL ' , ' Page 4 JANUARY 20, 1988 PUBLIC HEARINGS Continued Planning Director Flsia reviewed the Memorandum of December 2, 1987. ·. Letmrs received from the following individuals were introduced into the record: Ms. Linda Callon, Attorney, Ainsl r)evelopment Co., January 2.0, 1988 Mr. Ron Raney, Friends of Nelsofi Gardens, January 20, 1988 ." Marianne & .Walter Kerl, January. 16, 1988, in opposition to the cancellation of the contract The Public Hearing was opened at 8:08 P.M. Mr. Ian Webb, Area B Representative, stated that residents >,vished to see the William.~on Act Contract run its course; however, if development were necessm'y, Area B supported single family housing. He added that for many years, his child hadenj0yed seeing deer at this site. Mr. Ron Raney, Attorney, Friends of Nelson Garden, reviewed his letter of January 20, 1988; he concluded that required Findings to cancel the Williamson Act Contract could not be'made, Ms. Linda Callon, Attorney, Ainsley Development, reviewed her letter of January 20, 1988; she presented pictures of other sites and a petition. She stated that purposes of the Willjarn~on Act clearly directed that the Contract be cancelled. Mr. John Higgins, President, Florence Nelsbn Foundation, stated that Board members had known Mr. Nelson for many years and they had conferred with him regarding this mauer, he added that the Board had met with neighbors. Ms. Edwina Kump, Director, Florence Nelson Foundation, presented a taped message from Mr. Frank Nelson supporting the cancellation of the Williamson Act Contract. Mr. Yuen T. Gin, Director, Florence Nelson Foundation, reviewed efforts of the Foundation, Nature Conservancy and the CA State Park Foundation to maintain this land in its present state; however, the limited benefits of maintaining the Garden were outweighed by benefits to be derived for the community as a whole through the sale of this site. Mr. Roger Ross, Vice President, Florence Nelson Foundation, .stated that he was responsible for supervising and maintaining the property; he noted the problems of malntaiulng this property. He reviewed the unsuccessful efforts to utilize this site as a'senior citizen retreat Mr. Gary Nemitz, 13960 Pontiac Ave., Saratoga, presented a letter and a San Jose Mercury News article of January 8, 1988. He stated. that neighbors and the Foundation had met and asked that the Application be denied or postponed. Ms. Ann WaltOn Smith; 21060 Saratoga Hills Rd., Saratoga, had orchard production and remodeling costs estimated. She stated that the Youth Science Institute and the Community Garden were interested in this site; in addition, volunteers were also available. Ms. Marianne Swan, Saratoga Community Gardens, reviewed the original sponsorshib of the Gardens and stated that the Gardens were seeking an alternative Site. Mr. Ross confumed that yearly operating costs paid by the CA State Parks were $50,000. .............. Mr. Robert Gager, 20972 Saratoga Hills Rd., Saratoga, stated that neighbors supiji~ned/i community garden/nature center; they were aware of the resulting negative impacts. He presented a packet containing signed statements to this effect. Mr. Rick Walton Smith, 21060 Saratoga Hills Rd., Saratoga, asked that the last Saratoga orchard be saved; such has been under used due to poor public relations by the Foundation. Mr. Felix Rosengarden, 13902 Malcolm Ave., Saratoga., reviewed community demographics and presented a petition containing 800 signatures opposing cancellation of the cgntract. Ms. Nancy McHarrison, 20590 Canyon View Dr., Saratoga, Stated that the ~ssue was whether or not the Council was committed to the concept of open space; the Peninsula Open Space Trust of Palo Alto would assist through research of alternatives available. : ' ' Mr, Lou Westin, 20774 Pontiac Av~,~ &u'atoga, noted the beauty of the site and objected to its development; he cited the San Jose Mercury News article of January 6, 1988. MEETING OF THE CITY COUNCIL Page 5 JANUARY 20, 1988 PUBLIC HEARINGS Continued Dr. Stetsman noted the history and beauty of the area ten to twenty years ago. He asked that a legacy of open space be left; such would be a fitting u'ibute to Mr. Nelson. Mr. Thomas Fry, 14029 Saratoga Hills Rd., Saratoga, noted the neighborhood support for the Community Gardens; he requested a denial or postponement of the decision on the contract. Mrs. Helen Nelson, San Francisco, concurred with her husband's taped message. Mr. John MacDonald, President, Saratoga Residents Association, stated their position that canecling of the Williamson Act Contract and development of the property was not in the best interest of Saratoga residents, nor was such consistent with the General Plan. During the remaining time that the Contract was to ran, an open space agreement may be negotiated; he asked that time be allowed to develop alternatives. Mr. Willem A. Kohler, 21824 Via Regina, Saratoga, presented additional signatures of the petition opposed to Cancelling the Contract; he asked that notification be sent on such issues. Ru~s CrowChar strongly supported continuation of the Williamson Act Contract; he did not feel that the Finding of "no proximate land" could be made. Mr. Anthony Congress r~viewed memories of the Nelson Gardens and noted that beauty of this orchard should be preserved. Ms. Dora Grant, Area A ChairperSon, noted the desire of residents for open space; she cited the Kennedy Winery operation as an example of productive use of open space. Mr. James Gage, 13945 Malcolm Ave., Saratoga, cited the pleasures of observing the orchard and wild life on the Nelson Gardens. Dr. Don Prolo asked that this hearing be the beginning of a discourse between the neighbor- hood and the Nelson Foundation. / Mr. Jack Kurt, Malcolm Ave., Saratoga, thanked the Nelson Foundation for providing this open space; he asked that time be allowed to consider altematiVes. Ms. Lois Cockshaw, 30995 Canyon View Dr., Saratoga, asked ihat the children be considered and requested information from Attomeys of Nelson Foundation and Ainsley Development. · Mr. Paul Contos, Malcolm Ave., Saratoga, noted that there was abundant open space twenty- five years ago;' he asked the Council to consider such in their decision. Ms. Kay Birch, 13886 Malcolm Ave., Saratoga, cited the purpose of the Williamson Act and noted the enjoyment of this site; she favored retention of this open space. Mr. Gin noted that the Board was pleased to hear the enjoyment afforded by this property; .: .~ however, the Board was trying to act in the best interests of the Foundation. Ms. Callon stated that this property was private, not public property; in addition,' such was not ........... open spaceI as defined by the Williamson Act; she cited benefits derived through the 'sul~ ~0f this property. Requirements of the Williamson Act Connet were reviewed .... Mr. Raney summarized with the following points: Whether this property qualified for the Williamson Act; he felt that the pro~rty did qualify Economics were not to be considered; an alternative use of a commumty garden was acceptable tO meet the requirements of the Williamson Act Contract CLEVENGER/HLAVA MOVED TO CLOSE THE PUBLIC HEARING AT 10:19 P.M. Passed 5-0. Councilmember Hlava noted the following legal considerations: . The Foundation was not obligated to maintain the property as open space; the fact that proceeds were used for purposes of the Foundation did not confer on such an over tiding public interest JANUARY 20, 1988 PUBLIC HEARINGS Continued Councilmember Hlava continued as follows: Findings to be made:. ~ "That there is no proximate; non-contracted land which is both available and suitable...i' Surrounding properties were residential; basic planning suggested that this site be developed as residential before hillside or other William son Act Contract lhnds. ~"That cancellation is in the public interest." While proceeds from the sale of the land. would be used for Charitable causes, Such did not constitute, in itself, public interest She noted that an offer ~:1:o buy the property had not been made; thus, this situation would re, occur at the conclusion of the Contract--the only difference being that the City would have no option, save to cancel the contract as requested. At present, conditions could be imposed that would enable the community to create and maintain permanent open space.' The Foot. hi.i]. School site and/or Halcone Gardens were suggested for consideration as beneficiaries. Councilmember Clevenger elpressed the hope that a resolution could be found by neighbors; she noted that Mr. Nelson had sought options to preserve the land as open space. She could not make the necessary Findings for the following reasons: There were no other public concerns that substantially outweighed the cancelling of the Williamson Act Contract; preservation of the Nelson Garden was more important that any of the other issues raised at this heating She was not convinced that there were not nine proximate sites for residential development in the western hillside area . Councilmember Anderson stated that this was an opportunity for,Mr. Nelson's dream to continue; she expressed the hope that the Foundation and neighbors would reach an agreement She favored use of the site by Saratoga Community Gardens. She felt that "proximate" included the City as a whole. She noted the overwhelming public'gOod of use of the s. ite as a preserved garden and stated that she could not made the' necessary Findings. Councilmember Moyles stated that the Council was not a mirror image of public opinion. The issue was the remaining years of the Williamson Act Contract; the Nelson Foundation had given notice of non-renewal of the contract and had clearly indicated that they did not wish to pursue alternatives to maintain the property. He was compelled by logic to make the Findings: Public interest: other public concerns substantially outweighed objectives of the chapter. 'The fact that the property owner was a charitable foundation broadened the scope Of the benefits derived for West Valley residents -~ Proximate, non contracted land: development of the land would provide contiguous patterns of urban development; this site had not had a viable agricultural use for twenty-five years He asked that a trustee and a developer of the property meet with a Council representative to preserve in some form, the interests contained in the Williamson Act. Mayor Peterson stated that he could make the necessary Findings. Use of the site by Saratoga ~:.. Community Gardens or Youth Sciences Institute was not consistent with the General Plan; he ., opposed an intensified use on this site, incompatible with the existing neighborhood. He suggested consideration of a three month postponement to allow exploration of alternatives; however, consensus on this proposal was not.reached. . ............... Mr. 'Gin noted after consideration of alternative uses for the site, that the Board continued to feel that it was it/the best interest of the Foundation to sell the property as proposed. -THAT ~ l,,FiT,r,IPdvlSOIq/CT CCITYRAC."I' BE RESCJlqDED PURSLYANT ~'.~ CODE (~.Nl THE~ GROUND OF PUBLIC JlqTEREST ~ THaT 21-IE DEV'FLOP/qEIN~-OF THE. StBJECT PROPERTY vgOLILD PBDVIDF~ MDRE CONTIGUOUS PA'I'YF_,BNS OF URB/x. lq /vll!IqT. CGNDITICI~IS '1'O BE DE'YF~'~I/IqED BY THE CiTY ]LIND THE I~'OtJIffDATON. passe.xs..3-2, counters Anderson and ClevencJer opposed. Mr. Gin stated that the Board would consider the request to provide for the creation of permanent open space; however, any such condition could not violate the charter nor jeopardize th~ tax exempt states as a charitable organization. B~.ak: 11:05 - 11:26 P.M, ' MEETING OF THE CITY COUNCIL Page JANUARY 20, 1988 -; PUBLIC HEARINGS Continued' :-' C. Projects for 1988-89 Community Development Block Grant Funds Administrative Assistant King reviewed Report to Mayor and City COuncil, January 15, 1988. The Public Hearing was opened at 11:32 P.M. Ms. Leta Friedlander, Executive Director, Live Oak Adult Day Services, reviewed the project' proposal submitted and noted that approximately 8% of those served were Saratoga residents. Ms. Lauren Grey, Transit Assist Manager, reviewed the project proposal submitted. Ms. Donna Donahue, Long Term Care Ombudsman, reviewed the project proposal submitted. Mr. Paul Volander, Saratoga Area Senior Coordinating Council (SASCC), noted the budget increases and added that the Saratoga Care-Adult Day Care Center was now in operation. Ms. Cynthia McCown, Program Coordinator, Food Bank, stated that this was the fu:st time they had submitted a proposal; she reviewed client demographics and servicesoffered. Ms. Arlyne June, Executive Director, Project Match, Inc., reviewed the project proposal. Ms. Jackie Graham, Case Manager, Council on Aging, stated that the limited service given to Saratoga at this time was inadequate; she requested funding for 20 hours of service per week. CLEVENGER/HL,AVA MOVED TO CLOSE THE PUBLIC HEARING AT 11:58 P M. Passed 5-0. ' Councilmember Clevenger noted funding needs of SASCC Day Care and suggested use of General Funds. Councilmember Hlava was not opposed; however, she requested a review of long range funding needs. COnsensus reached to fund SASCC Day Care from General Funds. Funds from Community Development Block Grant (CDBG) allocated as follows: Live Oak Adult Day Care $ 3,000 Transit Assist $ 4,000 Long Term Care Ombudsman $. 2,000 SASCC $ 35,000 SASCC Day Care $ 20,000 (from General FundS) Food Bank $ 2,000 ' Project Match $ 1,850 CLEVENGERfMOYLES MOVED TO ALLOCATE FUNDS AS NOTED. Passed 5-0. CLEVENGER/MOYLES MOVED TO ADOPT STAFF RECOMMENDATION ON PROJECt 'CONTINGENCY AND HOUSING REHABILITATION. Passed 5-0. ' 9. CITY COUNCIL ITEMS: ~. ................. A, Reports from Individual Counc~members Councilmember AndersOn reported on the Transportation Authority. ,. B. Dues Increase for League of California Cities Consensus reached to approve dues increase for League of California Cides. ~D.IOURNMENT: The meeting of the City Council was adjourned at 12:20 P.M. Respectfully submitted, Carol A. Probst-C-aughey Recording Secretary