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HomeMy WebLinkAbout02-17-1988 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: February 17, 1988 , PLACE: Civic Theater, 13777 Fruitvale Avenue, Saratoga CA TYPE: Regular Meeting 1. ROLL CALL: Mayor Peterson, CoUncilmembers Anderson, Clevenger, Fllava, Moyles present at 7:37 P.M. Mayor Peterson announced the Saratoga Freeway Agreement. 2. CEREMONIAL ITEMS: Mayor Peterson presented a proclamation hoboring Ms. Mary Hatper, Human Relations Volunteer. 3. ROUTINE MATTERS A. Approval of Minutes: Meeting of February 3, 1988 CLEVENGER/HLAVA MOVED APPROVAL OF MINUTES OF FEBRUARY 3, 1988, AS PRESENTED. Passed 5-0. B. Approval of Wan'ant List: HLAVA/ANDERSON MOVED APPROVAL OF THE WARRANT LIST. Passed 5-0. C. Report of City Clerk on Posting of Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on February 12, 1988. 4. CONSENT CALENDAR: A. Planning Commission Actions,. February 10, 1988, - Noted and filed. B. Heritage Preservation Commission Actions, January 20, 1988, - Noted and filed. C. Parks and Recreation Commission Minutes, February 1, 1988, - Noted and ~ed. D. Final Map Approval, Tr. 7889,'Gypsy Hill, Sobey Rd. (23 lots) (J. Lohr, developer) E. Final Map Approval, SDR 1290, Mt. Eden Rd., (Hulse, developer) )..... F. Resolution 2467 commending Gladys Armstrong as Citizen of the Year G. Proclamation concerning Human Relations Month and Mary Harper, Recipient of ..... Human Relations Award. · H. Authorization forThree Planning Commissioners and Two Plarming Staff Members to ' Attend Workshop in Anaheim, March 9-11 with reasonable and necessary expenses. HLAVA/CLEVENGER MOVED A~PROVAL OF CONSENT CALENDAR. Passed 5-0. 4.'CONSENT CALENDAR H - CLAIMS: A. Claim submitted by Nanningas in connection with auto-pedestrian accident on Saratoga-Sunnyvale HLAVA/ANDERSON MOVED TO DENY CLAIM OF NANNINGAS. Passed 5-0. MEETING OF THE CITY COUNCIL' Page 2 FEBRUARY 17, 1988 CONSENT CALENDAR 11 - CLAIMS Continued B. Claim submitted by Pacheco in connection with damage.to car on Cox Ave. CLEVENGER/MOYLES MOVED TO DENY~ ~L~M SUBMrFIED BY PACHECO. Passed 5-0. 5. COMMUNICATIONS FROM'COMMISSIONS AND THE PUBLIC: A. Oral Communications from the Public and CommissiOns Mr. Frank Cage, Good Government Group, read a statement into the record favoring Route 85 interchanges in the City of Saratoga; they requested modification of the position of the City Council opposing interchanges. ,~ Ms. Ann Waltonsmith, Ph.D., Sarahills Rd., Saratoga, on behalf of the Friends of the Nelson Gardens, noted letters received from Sierra Club and the Trust for Public Land. An unidentified speaker noted letter of G. Neimitz, February 10, 1988, re: Nelson Garden Ms. Diane Parham, Saratoga Residents Association, objected to the lack of reference of the letters of Friends of the Nelson Gardens under Written Communications of the agenda B. Written Communications from the Public 1) Michael Abkin, Rincoada Hills Assn., 100 Avenida del Sol, Los Gatos, expressing concerns about Highway 85. - Noted, acknowledged and filed. 2) Tom McEnery, Mayor, City of San Jose, favoring interchanges on Highway 85 in , Saratoga. - Noted, acknowledged and fried. 6. OLD. BUSINESS A. Resolution 2468 on Williamson Act Tentative Cancellation for Nelson Foundation · -Property (and letter from Finance Advisory Committee Member Peter Smith concerning Nelson Gardens) The City Attorney reviewed the Brown Act requirements for the information of the Council. He noted for the record that the City had been advised by the Assessor's Office as the to amount of the cancellation fee; such to be incorporated into the CertifiCate of Cancellation. Consenshs reached by the Council to recognize members of the public who wished to speak. Ms. Louise Gager, 20972 Sarahills Rd., Saratoga, stated that Friends of Nelson Garden were firm in their determination to preserve the Gardens and were drafting an initiative to save open space/agricultural use of this property. Established conservation groups had been contacted in an effort to locate funding the Council was asked to postpone their decision at this time. Ms. Mary Guth, Saratoga, reviewed an initiative to be placed on the June ballot as noted. Councilmember Hlava responded that information received from the Trust for Public Lands indicated that they were ·under the impression there was no other open space, school or park . area in the immediate vicinity; conditions under which the Trust operated were cited. She ...... reviewed the negotiations held between the City and the Nelson Gardens Foundation. The City Attorney.advised the Council regarding a possible initiative to be placed on the ballot; he adyised the Council not postpone their decision due to a possible ballot initiative. Councilmember Clevenger dissented, stating that the Friends of the Nelson Gardens were serious regarding the circulation of a petition; he Council would be prudent to postpone a decision pending further information in order to avoid possible litigation involving the City. The City Attorney clarified his comment above stating that the question was, whether there was a legal requirement to postpone a decision on the cancellation of the Williamson Act Contract in yiew of a stated intention to circulate a petition; from a legal point of view, the. answer was no. However, they had the discretion to postpone a decision as a policy matter, if they chose. · Councilmember Clevenger reiterated that a postponement of action would be prudent. MEETING OF THE CITY COUNCIL Page FEBRUARY 17, 1988 OLD BUSINESS Continued Councilmember Moyles noted the previous request from Friends of the Nelson Gardens to delay action on this Item. The issue was making the necessary Findings, not delaying action to serve the purposes of any special interest; in fairness, the Council must respond to Trustees of the Foundation and consider their request for cancellation of the Williamson Act Contract. He would not reconsider any request for further postponement of this Item. Furthermore, ~f~sj.on ,of contract was not an impediment to purchase of the property by interested parties who wished to preserve this land as an open space/agricultural use. Dynamics used by the Trust for Public Lands would not be effective in this situation since a charitable trust would not be able to claim a tax deduction for accepting less than fair market value for the property. He noted concern that an initiative "freezing" the ope. n space zoning, could hold the City responsible for the taking of property without compensauon. Citizens of Saratoga would then be asked to parchase the site; such would be a waste of limited reserves and was unjusti~able under General Plan Policy for parks throughout the City. Councilmember Moyles noted for the record letters received from the following individuals: Eastfield Junior Auxiliary President Pinn commenting on the benefits to be derived from the sale of this property ~ Dr. Stetsman, who stated that Saratoga had 40% less than accepted standard of open space The City Manager suggested that the Qulmby Act was referenced and applied such to the City. Councilmember Moyles cited the 1980 General Plan, Inventory_ of Open Space, conclu~ng that the City had more than double the standard set by the Quimby Act. A liberal interpretation of open space land resulted in 2500 acres available; in addition the City had one of the lowest land use zonings in the County. He asked that the resolution under consideration be adopted. Councilmember Hlava reviewed information received from the Trust for Public Land and noted the unlikelihood that a private non-profit group could be found to purchase this property. She felt that the opportunity existed to insure permanent open space in the cancellation of the h h Williarngon Act Contract; furthermore, this neig bor nod would continue to enjoy open space on the Foothill School site. She would vote favorably on the resolution under consideration. Mayor Peterson acknowledged phone calls received regarding this Item; he stated that he could come to no other conclusion than that the city would benefit more from the cancellation of this · Contract. He concurred with Councilmember Hlava that many individuals disagreed with such a posi.tion; however, he could come to no other conclusion. MOYLES/HLAVA MOVED RESOLUTION 2468 APPROVING TENTATIVE CANCEL- LATION OF A WILLIAMSON ACT CONTRACT OF PROPERTY LOCATED AT 2085 1~ SARATOGA HILLS ROAD. Passed 3-2, Councilmembers Anderson, Clevenger opposed. HLAVA/MOYLES 'MOVED APPROVAL OF THE GRANTING OF A NEGATIVE DECLARATION. Passed 3-2, Councilmembers Anderson, Clevenger opposed. ' Mayor Peterson proceeded to Public Hearings. ' : 8. PUBLIC HEARINGS A. Ordinance changing cable television regulations to increase. franchise fee and to lower density standards for neighborhoods which must be offered service (first'reading) The City Manager noted for the record the letter of Dr. Joanne Corubleet, Februaxy 16,/988. Community Services Director Argow reviewed the Report to the Council, February 17, 1988. The City Manager noted the Subdivision Ordinance which required pre-wiring for Cable T.V. The City Attorney added that the developers would bear the cost of pre-wiring; negotiations would be held with Cable T.V. Companies to work out cost rebates. The Public Hearing Was opened at 8:35 P.M. Mr. Jack Christian, 19022 Brookhaven Dr., Saratoga, noted that the question of increased fees "' to subscribers had not been addressed; he felt that rate increases would be aggravated by the Ordinance under consideration.' MEETING OF THE CITY COUNCIL- Page 4 FEBRUARY 17, 1988 PUBLIC HEARINGS. Continued Mr. Shemann, 20115 Bonnie Brae Way, Saratoga, asked that the Council view other cable networks; he felt that Hearst Cable was one of the poorest services available, both in number of channels offered, technical quality, customer service as well as the lack of stereo transmission. Ms. Peggy Caflee stated that she had a problem with her channel changer. Mr.. Gene Musselm, Vice President, Hearst Cable T.V., commented as follows: Ordinance amendment would have no impact On decision to increase subscription fees Provision requiring developers to put up front money for cable wiring in new subdivisions would aid in controlling costs Noteil ~ignificant increase in subscription rates of competing Cable T.V. services Provided information on the varying technical equipment owned by customers - Reviewed efforts to provide quality service to customers Answered questions addressed by the Council - HLAVA/MOYLES MOVED TO CLOSE THE PUBLIC HEARING AT 9:09 P.M. Passed 5-0 HLAVA/MOYLES MOVED TO REPEAL SECTIONS 4 AND 6 OF ORDINANCE 38.79, ADOPTING SECTIONS 4-25.070, 4-25.105, AND 14-30.085, AND AMENDING SECTION 14-30.100 (A) OF THE MUNICIPAL CODE. Passed 5-0. Mayor Peterson returned to New Business. 7. NEW BUSINESS A~ Changes to Bluney Plaza Banner Policy. Continued from February 3, 1988, Meeting. Recreation Director Pisani reviewed the Report of February 17, 1988. HLAVAJCLEVENGER MOVED TO AMEND THE RULES AND REGULATIONS FOR HANGING BANNERS IN BLANEY PLEA. Passed 5-0. 'B; 'Resoluti0n 2469 delegating authority .to City Manager tO initiate Disability Retirement Proceedings The City Manager reviewed the current situation and recommended approval of the resolution. MOyLES/PETERSONIMOVED APPROVAL OF RESOLUTION 2469 AUTHORIZING THE CITY MANAGER TO INITIATE EMPLOYEE DISABILITY RETIREMENT PROCEEDINGS. Passed 5-0. C.. Equestrian Easement, Tr. 6628,.Lot 20 The City Manager reviewed the Report submitted by the Parks and Recreation Commission and Final Subdivision Map Approval Conditions requiring an equestrian easement. He stated that .. there was nO consideration for the trail when sewer lines were relocated; such negated the ' .. practicality of the trail since construction of the sewer would have made installation of a trail relatively inexpensive. The requirement for an equestrian trail remained; however, the City ' was now being asked to abandon this easement. Use of the existing easement was unfeasible -" due to the steep terrain; he suggested consideration of,locating the trail along Toll Gate Rd. ~' MS. Virginia Faneili, Representing the Property Owners, concurred that location ofexistincJ ease_meni: ' was infeasible for an equestrian trail; her clients nO longer objected to Commission's recommendation. She noted the following issues: An adjacent site with an equestrian easement on it'had already been developed The adjacent Saratoga Heights subdivision had no sign of equestrian trails Review of existing and proposed trails; she suggested consideration of alternative routes Establishment of trails on developed properties .would be much more difficult 'Final Map Approval had been amended to allow Toll Gate Rd. to be a private mad. MEETING OF THE CITY COUNCEL; Page 5 FEBRUARY 17, 1988 NEW BUSINESS Continued The City Manager strongly recommended that easements be dedicated and that the trail be installed before any building permits were issued. The City Attorney suggested consideration of the abandonment of the easement in exchange for a new dedication; he noted that 10 ft. public utility easements existed adjacent to Toll Gate Rd. Ms~ Fanelli stated that she could not speak to her clienfs preference regarding an equestrian trail adjacent to Toll Gate Rd. and to the front of their property; however, she did not wish to further delay their building plans. The City Manager responded that the Applicants were being allowed to abandon the existing easemem in exchange for the 10 ft. public utility right of way adjacent to Toll Gate Rd; the City and developer to further assess which side of Toll Gate Rd. would be used for the trail. CLEVENGER/HLAVA MOVED TO ABANDON THE PRESENT EASEMENT ON TRACT 6628, LOT 20, IN EXCHANGE FOR THE 10 FT. PUBLIC UTILITY EASEMENT ADJACENT TO TOLL GATE RD. Passed 5-0. D. Report oK Upcoming Hearing Consensus reached to Continue Application DR-87-048.1, Appellant/Applicant, Fran Barnett/ Dave Cunningham to March 16, 1988. 9. CITY COUNCIL ITEMS: · A. 'Reports from Individual CounCilmembers Councilmember Hlava reported on me Guad lupe Annexation She reported on Traffic Authority, Design Guidelines for Route 85 -' Councilmember Clevenger reported on S anitafion District 4 Councilmember Moyles reported on the Cable T.V. Access Meeting · - Mayor Peterson reported on the Meeting of the Inter Governmental Coanci He reported an incident involving the police and teenagers at Paul Masson Winex~ Ms. Linda Mitchell, Campbell, reviewed the incident noted above involving her son. Ms. Georgena Burgess, 18890 Afton Ave., Saratoga, conf'trmed the above incident. The Council directed Staff to request additional information from the police and report back. Mayor Peterson asked if there was consensus of the Council regarding the Soviet visit. Councilmember Moyles noted reservation regarding some of the scheduled events. The meeting of the City Council was adjourned at 10:20 P.M.t.o 7:30 p ,ra. on February 23 in the Cgrmunity Center and to 7:00 p.m. on February 28 in the Civic ~eat~r, Respectfully submitted,. Carol A. Probst-Caughey Recording Secretary