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HomeMy WebLinkAbout11-02-1988 City Council Minutes MINUTES SARATOGA CITY COUNCIL DATE: November 2, 1988 - 7:30 P.M. PLACE: Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting 1. Roll Call: Mayor Anderson, Councilmembers, Moyles, Peterson, Stutzman present at 7:35 P.M. Councilmembers Clevenger absent. 2. CEREMONIAL ITEMS: None. 3. ROUTINE MATTERS: A. Approval of Minutes: Meeting of October 19, 1988 ~ MOYLES/PETERSON MOVED APPROVAL OF MINUTES OF OCTOBER 19, 1988, AS PREo SENTED. Passed 4-0 B. ApprovalofWarrantList: MOYLES/PETERSON MOVED APPROVAL OF THE WARRAN'E. 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 October 28, 1988. 4. CONSENT CALENDAR: A. Planning Commission Actions, September 14, 1988, - Noted and filed. B. Heritage Preservation Commission Minutes - No quorum to approve Minutes. C. Library Commission Minutes, October 26, 1988, - Noted and filed. D. Saratoga Community Access CATV Foundation Board of Directors Minutes, October 25, 1988, - Noted and filed. E. Public Safety Commission Minutes, October 10, 1988, - Noted and filed. F. Final Building Site Approval, SD 87-007, Prospect Rd., Blue Hills Shopping Center G. Resolution 2519 declaring weeds a public nuisance and setting public hearing. H. Resolution 2520 confirming denial of Primary Plus Appeal heard October 19, 1988. I. Resolution 2521confirming denial of Krueger Appeal heard October19,1988. J. Auth~rizati~nf~rCommunityServicesDirect~r'sattendanceat.League~fCa~if~rniaCities Cable Television Workshop, Irvine, December 8, 1988, with reasonable and necessary expenses. K. Award of Contract for Komina Storm Drain to Manuel Jardim, Inc., in the amount of $38,495.00 L. Financial Report - September 1988 M. Investment Report - September 1988 N. Treasurer's Report - September 1988 The City Attorney noted for the record the revised Resolution 2520 for Item H. of the agenda. MEETING OF THE CITY COUNCIL Page 2 NOVEMBER 2, 1988 CONSENT CAI .ENDAR Continued MOYLES/PETERSON MOVED APPROVAL OF CONSENT CALENDAR. Passed 4-0. 5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC: A. Oral Communications from the Public and Commissions Mr. Sheldon Jacobs, Via Escuela Dr., Saratoga, stated for the record that he protested the infor- mation presented by SAFE regarding the Rou~e 85 interchanges; examples were presented. Ms. Cheriel Jensen, Quito Rd., Saratoga, stated she interviewed Barton-Aschman Associates at length regarding the statistics presented; she contended that data used was based on the false assumption that Coyote Valley would be developed regardless of the outcome of Route 85. B. Written CommuniCations from the Public 1) Mike Costanzo, Saratoga High School, 20300 Herman Ave., requesting Fee waiver for use permit. PETERSON/MOYLES MOVED TO WAIVE THE $400. HLING FEE. Passed 4-0. 6. OLD BUSINESS: A. Final Map Approval, SDR 1470, Park Drive (Applicant, R. Kocher) (Continued from October 10, 1988) The City Engineer reviewed the Report to the Mayor and City Council dated October 27, 1988; Item to be continued to the Meeting of November 16, 1988, per request of the Applicant. B. Report on Notification for Tentative Map Extensions on Chadwick Place Subdivision The City Attorney presented the Memorandum prepared at the Councffs request. The City Engineer provided information on the retaining wall in excess of the allowable height; he confirmed that plans had been modified to show a five ft. high wall. A survey had been conducted to determine the street alignment for the subdivision; however, no work had yet been preformed. He felt the Final Map was in substantial compliance with the Tentative Map. Councilmember Stutzman noted that Maps showed 58 trees were scheduled for removal, many of wh!ch were heritage Oaks; he questioned whether provision was made for preservation of these trees and noted the environmental impacts from the loss of such. The City Engineer responded that street alignment had been previously approve. d; he noted the constraints from the 5 ft. height restriction placed on the retaining walls; however, plans could be reviewed. Councilmember Stutzman questioned the substantial compliance; a review of Tentative and Final Maps showed realignment of Old Oak Way, changes in lot lines and removal of a cul-de-sac court. The City Engineer confirmed that a lot line adjustment had been made; however, the building sites were at the same location as shown on the Tentative Map. The elimination of the cul-de-sac court at the terminus of Old Oak Way was in compliance with concerns of the City and would result in fewer trees being removed and a reduction of the grading required. The City Attorney provided information on the term "substantial compliance" and cited examples. Councilmember Stutzman reiterated that a major alignment of the lot lines had occurred; he did not feel that any similarity existed between the Tentative and Final Maps. The following speakers were recognized by the Chair. Ms. Dora Grens, Old Oak Way, Saratoga, stated that an adjacent property owner provided her with Tentative and Surveyor's Map and the history of this area; she reviewed the history of the agreement between Mr. and Mrs. Dons, Mr. Chadwick and Mr. Cocciardi. The speaker felt that the road alignment was not in substantial conformance with the Tentative Map approveft. Ms. Cheriel Jensen, Quito Rd., Saratoga, questioned whether the Council had seen the Tentative and Final Maps of this property; she asked those Councilmembers who had not, to review them. Councilmember Stutzman questioned the statement in the Memorandum "The developers are con- tinuing to abide by the settlement agreement through the construction of the Quarry Creek/Quarry Road Repair Project." MEETING OF THE CITY COUNCIL Page 3 NOVEMBER 2, 1988 The City Attorney responded that that Army Corpsof Engineers had given authorization to do the necessary work to stabilize the site; the Department of Fish and Game was anxious that the repair work be completed, Only completion of the surface treatment and development of a landscape plan to revegetate the area remained to be done. He affirmed that the Final Map approval did not preclude discussion of alternative designs which would save additional trees; an amendment to the Final Map could be filed. The City Engineer stated that he found the 20 ft. difference in alignment of the road to be in sub- stantial compliance with the Tentative Map approved; a 26 ft. wide road was the standard required. The City Attorney added that the Final Map had been conditionally approved subject to the pro- vision ofwater;the settlement agreement did not waive any conditions imposed. The City permit- ed Map approval; however, no lots could be sold, no building permits issued nor development activity allowed until conditions had been met. While the developer could do subdivision improve- merits, it was unlikely that if the lots could not be sold, construction activity would begin. Councilmember Moyles stated that allegations had been raised that the City Council had committed criminal actions with regard to the Quarry Creek Repair Project and had violated the Brown Act in terms of the various extensions/suspensions of the Tentative Map consideration. At the previous hearing, Councilmember Stutzman was explicitly critical of Staff. He did not object to the criticism; however, he wished to note that information presented indicated that criticism was unwarranted. Staff actions were at the direction of the Council and had been legal and consistent with that which they were asked to do. Now that a careful re, consideration was completed, the record should reflect and the public be aware that both allegations were proven bogus. Mayor Anderson proceeded to Public Hearings~ 8. PUBLIC HEARINGS: A. Ordinance HP-15 designating property at 18490 Ravenwood Drive as Heritage Resource Planner Young reviewed the Report to the Mayor and City Council dated November 2, 1988. The Public Hearing was opened at 8:11 P.M. There were no speakers. PETERSON/MOYLES MOVED TO CLOSE THE PUBLIC HEARING AT 8:11 P.M. Passed 4-0. PETERSON/MOYLES MOVED TO INTRODUCE BY TITLE ONLY, ORDINANCE HP-15 DESIGNATING THE PROPERTY KNOWN AS THE BRANDENBURG HOUSE AT 18490 RAVENWOOD DRIVE (APN 397-02-117) AS A HERITAGE RESOURCE. Passed 4-0. Mayor Anderson returned to Old Business. C. Revised Measure A Strategic Plan - August 1988 (Continued from October 19, 1988) The City Manager reviewed the Report to the Mayor and City Council dated October 18, 1988. Councilmembers were favorable to written comments of Councilmember Clevenger. Consensus reached to direct the City Manager to prepare a letter to the Traffic Authority relative to Measure A Strategic Plan, Page 2-18. 7. NEW BUSINESS: A. Recruitment ofCity Engineer - Discuss Recruitment Process The City Manager advised the Council regarding recruitment of a City Engineer and suggested con- sideration of an executive search firm. Councilmember Peterson noted that recent procedures used to hire the Planning Director had proved satisfactory and questioned the need for an executive search firm. The City Manager cited the specialized areas of expertise required, such as geology, soils and civil engineering; he was concerned that a standard recruitment process may not produce the best candidates for the position. Councilmember Moyles was favorable to the City Manager's recommendation to use an executive recruitment firm to present several qualified candidates to the City for consideration. MEETING OF THE CITY COUNCIL Page 4 NOVEMBER 2, 1988 NEW BUSINESS Continued Councilmember Peterson noted that recruitment firms in his area of expertise were inadequate; however, such did not appear to be the case for firms recruiting for city government positions. PETERSON/MOYLES MOVED TO DIRECT STAFF TO SECURE SERVICES OF AN EXECU- TIVE SEARCH FIRM TO ASSIST IN RECRUITMENT OF A CITY ENGINEER. Passed 4-0. B. Resolution 2522 adopting Residential Design Handbook Planner Young reviewed the Report of November 2, 1988, Re: Residential Design Handbook. The City Attorney stated that the intent of the Handbook was to illustrate bow the Findings were interpreted and the placement of such between standards and guidelines: Councilmember Peterson suggested a term be devised that adequately conveyed that the Handbook was not a guideline; Councilmember Stutzman commended Staff for the Handbook prepared. PETERSON/STUTZMAN MO.VED TO ADOPT RESOLUTION 2522 ADOPTING THE RESI- DENTIAL DESIGN HANDBOOK. Passed 4-0. C. Traffic Safety Improvements on Sobey Road (Guardrail and warning/curve advisory signs The City Manager reviewed the Report Re: Traffic Safety Improvements dated November 2, 1988. PETERSON/MOYLES MOVED TO AUTHORIZE THE PROPOSED TRAFFIC SAFETY IM- PROVEMENTS ON SOBEY ROAD AND APPROVE AN APPROPRIATION RESOLUTION 2492.5 FOR THE AMOUNT OF $12,000 DOLLARS TO COVER THE COST OF SAID IMPROVE- MENTS. Passed 4-0. D. Publicity for Upcoming Hearings - Weed Abatement ConsenSus reached to adopt Staff Recommendation on Publicity for Upcoming Hearings. E. Rfile 20A Underground Utility ConverSions ' The City Engineer reviewed the Report Re~ Rule 20A Underground Utility Conversions. Councilmember Moyles suggested a continuance to allow Councilmember Clevenger to participate. The Chair recognized the following speaker. Ms. Cheriel Jensen, Saratoga, asked that Quito Road be added to the Underground Utility Con- versions List; City Engineer confirmed that Quito would be added to the list per Council's request. Consensus reached to continue Item to the November 16, 1988, Meeting of the City Council. F. Route 85 Visual Design guidelines - Consideration of Bridge Color The City Engineer reviewed the Report to the Mayor and City Council dated October 27, 1988. Councilmember Peterson commented that since the portion of the freeway in Saratoga 'was at or below grade, buff coloring would not make a notable difference; he was unwilling to negotiate the concessions won in exchange for the cost of the buff coloring. Councilmember Moyles suggested Councilmember Clevenger act as Representative to the Aesthe- tics Review Committee; item to be agendized for consideration at the November 16th Meeting. PETERSON/MOYLES MOVED TO ACCEPT STAFF RECOMMENDATION RATHER THAN MAINTAIN THE BUFF COLOR AT THE EXPENSE OF TRADE-0FFS OF OTHER DETAILS IN THE ROUTE 85 CORRIDOR. Passed 4-0. G. Discussion of Funding for Appraisal of Nelson Gardens Property Item withdrawn from the agenda since action by the City Council was not appropriate at this time. MEETING OF THE CITY COUNCIL Page 5 NOVEMBER 2, 1988 9. CITY COUNCIL ITEMS: Councilmember Peterson discussed the upcoming IGC Social Hour. Councilmember Moyles noted the recent requests for verbatim transcripts of Council Meetings; he felt that transcripts were an expense the City should bear and asked that such be requested in the presence of the Council and authenticated under the Approval of Minutes; if there was concern that requests were excessive, perhaps tw6 Councilmembers should agree on a request. The City Attorney responded that a minor amendment to the Code would be required; such would be prepared for review by the Council. Councilmember Moyles commented that confusion seemed to exist regarding the participation of the public on items other than Oral Communications and Public Hearings; he asked that further information be obtained from other cities regarding their practices in this matter. Mayor Anderson stated it was her understanding that the Council would be complying with re- quirements of the Brown Act in alloyqing the public to speak on any item, on or off the agenda. Councilmember Peterson was concerned about opening discussions on any area at all and cautioned that the privilege to speak to the City Council could be inappropriately used to raise old complaints or question the Council, who may not have sufficient information before them at the hearing to respond and/or assess public comments. Councilmember Moyles requested information on procedures followed in other cities and their interpretation of Brown Act requirements; he asked that a decision on the procedures to be followed in the City be made in a timely manner. The City Manager was directed to prepare a report on the information requested; issue to be agendized for an upcoming Study Session. Councilmember Moyles noted for the record the communication from Mr. Floyd Steinberg of the Public Safety Commission as well as the following letters: Letter from Harry and Judith Keeley commending Community Services Officer Roldan Letter of Dr. John J. Wall commending Mr. Shook, the City Engineer Letter of fBn~6~ Boxifiili51 cc:mrenc(In~J~He~ A~j_an~Idnani. Mayor Anderson reported on the County Transportation Commission ADJOURNMENT: The Meeting of the City Council was adjourned at 9:41 P.M. to a Closed Session. Carol A. Pr~bst-Caughey'//~ ~ 1