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HomeMy WebLinkAbout06-07-1989 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, June 7, 1989 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Avenue TYPE: Regular Meeting 1. ROLL CALL Councilmembers Moyles, Peterson, Stutzman and Mayor Anderson were present~ Councilmember Clevenger was absent. 2. CEREMONIAL ITEMS - None 3. ROUTINE MATTERS A. Approval of Minutes - 5/17 MOYLES/PETERSON MOVED APPROVAL OF THE MINUTES AS SUBMITTED. Passed 4-0. B. Approval of Warrant List PETERSON/MOYLES MOVED APPROVAL OF THE WARRANT LIST AS SUBMITTED. 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 June 2. 4. CONSENT CALENDAR A. Planning Commission Actions, 5/24 - Noted and filed. B. Heritage Preservation Commission Minutes, 5/3 - Noted and filed. C. Library Commission Minutes, 5/24 - Noted and filed. D. Resolution modifying Planning Commission decision on Kohler appeal of Burke (Harbor Builders) Project heard 4/19 (continued from 5/17)(contlnued to 7/5) E. Resolution 2572 authorizing Destruction of certain city Records F. Resolution MV 184 establishing Stop Intersection at Comer Dr. and Diamond Oaks Ct. G. Proclamation concerning 43rd anniversary of Foundlng of Italian Republic H. Authorization to Advertise for Bids for Slurry Seal and Cape Seal on Various Streets for 1989-90 I. Authorization to Advertise for Bids for slide Repair of Bohlman~Road J. Notice of Completion for Village Parking District #3 - Gateway Landscape, Inc. K. Award of Contract for Handicap Access for Government Buildings and Handicap Ramps to George Johnson, Inc. in the amount of $22,551.00 L. Construction Acceptance and Release of 50% of cash Bond, Tr. 8053, Manor Dr./Saratoga-Sunnyvale Rd. (Developer, Debcor Corp.) M. Final Acceptance, Tr. 6665 and SDR 1426, Pierce Rd./Saratoga Heights (Developer, Parhas Corporation), 6/7~89 - 2 and Resolutions 36-B-235 and 38-B-236 accepting. dedication of street and right-of-way N. Approval of Renewal of Agreement with Santa Clara County for Funding and Operation of ca1 ID Program for FY 1989-90 O. Resolution 2573 renewing Contract with Atkinson-Farasyn for Legal S~rvices Bert Martel, 14420 Fruitvale Ave., requested removal of' Item E from the Consent Calendar. MOYLES/PETERSON MOVED APPROVAL OF CONSENT CALENDAR EXCLUDING ITEM E AUTHORIZING DESTRUCTION OF RECORDS. Passed 4-0. Mr. Martel inquired as to whether any records bearing his name, especially relating tO code enforcement actions last year, were scheduled for destruction under Item E and requested copies of such records. City Manager reviewed documents to be destroyed. There was consensus that these documents did not pertain to the subject of Mr. Martel's comments. MOYLES/PETERSON MOVED APPROVAL OF CONSENT CALENDAR ITEM E. Passed 4-0. CONSENT CALENDAR II - Claims A. Claim of Reimers, who allegedly~ip~'d o~r' elevated manhole cover 5. COMMUNICATIONS.FROM COMMISSIONS _ _ U~LIC A. Oral Communications from the Public and Commissions E. T. Barco, 19101 Camino Barco, stated that a recent article in the Saratoga News gave the impression that the Youth Commission was a "social clubZ" He requested that the staff contact the newspaper to convey that the Commission activities were not for personal pleasure, but for the City at large. Bert Martel, 14420 Fruitvale Ave., spoke about problems with barking dogs and other violations. B. Written Communications from the Public 1) Earl S. Burke, 12176 Titus Ave., with concerns about traffic on Titus Ave. CoDsensus to request that the Sheriff increase morning patrols on Titus Avenue immediately; letter to be acknowledged and referred .to.City Engineer and Public Safety Commission. ..... ~ 2) David Eagle, Earthworm Technology, P.O. Box 2982, Santa Cruz 95063, concerning use of earthworms in recycling. Consensus to direct staff to inquire as to source of waste, possible Saratoga site, and how idea could apply to Saratoga. 3) Jack and Anita Nettenstrom, 20311 Craigen Circle, objecting to proposed firesafe roof ordinance. Consensus to receive letter, acknowledge and file for future reference when ordinance is considered. 6. OLD BUSINESS tionsto a~prove t. Eden A. Report on Planning commission ental!' ' 4-Lot Subdivision (SD 87-008) d Certify nv~ro Impact Report 6/7/89 - 3 Mayor Anderson inquired as to whether an appeal on the subject had been filed. Planning Director Emslie replied that no appeal had been filed, and the deadline for doing so had passed. Planning Director reviewed report, beginning with Planning Commission's approval in May 1988. The Commission's decision not to require an Environment Impact Report, he said, was reversed on appeal to the City Council. He explained that the lots were accessed by an 800-foot road which was approved because another access would have required excessive grading. He noted that the Planning Commission had been especially concerned with the relationship between the proposed project and the creek repair; drainage impacts; and access from the cul-de-sac. In answer to Council's questions, he stated that all Commissioners had eventually approved the EIR and that the preparation of the EIR had resulted in more detailed and more specific information on which to base the Commission's decision. Councilmember Peterson noted that there may be other subdivisions from the same era for which it might be appropriate to direct preparation of an EIR. In answer to more questions, Planning Director stated that the Quarry Creek project was tied to the Mt. Eden subdivision and that the size of the houses would be limited by the design review ordinance; that the time limit on revegetationwas being handled by the City Attorney. City Manager Peacock added that the revegetation plan is being revised by staff because more issues need to be addressed. After staff finishes with it, he said, it would go to the Department of Fish and Game, the Water District, the Water Quality Control Board, and the Army Corps of Engineers. In answer to Councilmember Stutzman, he said that the project was designed on the basis of a 100-year flood. City Attorney Toppel noted that a geological report would be done on each house in the area. Councilmember Moyles expressed the view that although this supplemental EIR was warranted, the experience showed that the Department of Fish and Game and the Corps of Engineers were difficult to d~al with and slowed down the process because of changes in personnel and other problems. Mayor Anderson expressed satisfaction with the thorough work of the Planning Commission in their review of the project. Willem Kohler, 21842 Via Regina, expressed the view that although some agencies may have been slow-moving, the problem was initially caused by the developer. There was consensus to take no further action. The hour of 8:00 p.m. having passed, Mayor Anderson proceeded to public hearings. 8. PUBLIC HEARINGS - (8:00 P.M. or earlier) A. Appeal of approval of encroachment permit to allow construction of a median strip, landscaping and traffic signal along Prospect Rd. between Lawrence Expwy. and Saratoga Ave., which would change traffic patterns by restricting left turns. (Appellant, Foodmaker Corpo- ration; applicant, Foster Group Partnership) (EP89-33) Mayor Anderson noted that the appeal had been withdrawn but was included on agenda because notice had appeared in the newspaper; the appeal was not considered and the permit therefo[e stands as approved. B. City Budget for 1989-90 and 1990-91 City Manager Peacock reviewed the budget summary, noting the drop in revenue caused by the assumption, for planning purposes, that the utility user tax would not be renewed. He believed that proper 6/7/89 - 4 maintenance of Saratoga's streets required continuance of the tax. He noted that the property tax transfer question has not been resolved and is in the hands of the Attorney General. Councilmember Peterson pointed out that although it may appear that the Council is rushing through the budget process, the process has actually required hundreds of hours of work over a period of several months. The staff and Council have worked extensively on the budget, he said, culminating in a joint study session with the Finance Committee on the previous evening. Mayor Anderson suggested putting in an allocation for a household hazardous waste disposal program. City Manager explained that the Town of Los Gatos has prepared a proposal for such a program which several cities have already approved. It would be expensive, he said, costing $24,200 per year. In answer to Councilmember Peterson, he replied that such a program could be included in the recycling contract. In answer to Councilmember Stutzman, he stated that through the Tanner Act this type of program is in the process of being mandated by the State, but there would be three to five years for implementation. The nearest toxic waste disposal dump, he said, is in Santa Maria. Councilmember Peterson expressed the view that the program should be included in the recycling contract so that there could be pickups two to four times per year. Councilmember Moyles agreed that that would be logical and would reduce the cost. City Manager noted that the cost under a recycling program would be about 20 cents per month per customer. There was consensus to join in the Los Gatos proposal as a stopgap measure in order to deal with the issue promptly and to solicit support from other cities for it. Councilmember Moyles felt it important to deal with it immediately rather than wait for a County-wide response to the Los Gatos proposal. The public hearing was opened at 8:30 p.m. Martha BeVerett, Via Monte, spoke as a representative of the Friends of the, Libraries and library patrons. She urged retaining Sunday hours. She also pointed out that the League of Women Voters had been studying household hazardous waste disposal and may have information useful to the Council on the issue. Councilmember Peterson responded that Sunday hours will continue year-round. City Manager explained that the County and the City of Monte Sereno have now provided sufficient funds to keep the library open on Sundays. E. T. Barco, 19101 Camino Barco, spoke in favor of including in the budget funds for publishing the Council agenda in the Monday edition of the San Jose Mercury News. He reiterated his opposition to the expansion of City Hall and to the continuation of the utility user tax. Councilmember Peterson noted that the tax was scheduled to sunset in July of 1990 rather than 1989 as Col. Barco had stated. Bert Martel, 14420 Fruitvale Avenue, stated he wished to return law enforcement to the Sheriff's Department rather than the Community Services Officers. Saratoga has no Office of Citizen Complaints, he said, so he no longer had the ability to make complaints to a body such as the Sheriff's Department of Internal Affairs. Mayor Anderson pointed out that Saratoga had been mentioned in a recent edition of "Western Cities" magazine as having one of the lowest costs of any city in California for law enforcement. Jeff Schwartz, San Marcos Drive, inquired as to how the Council had reached the point of having a feasibility study on expansion of City Hall before most people knew what was going on. He concurred with Col. Barco's recommendation for publication of the agenda and asked whether these matters had been on the agenda. He suggested a 6/7/89 - 5 link between City Hall expansion and continuation of the utility user tax. Mayor Anderson replied that expansion of the City Hall had been discussed at public meetings by the Council and the Finance Committee. She suggested that those questioning the need for more space take a tour of the facilities. She agreed that there was a link between expansion of City Hall and continuation of the Utility user tax. \ City Manager added that the matter had appeared in the 1988 budget and had been mentioned at the March 1987 policy development conference, when the Finance Committee had suggested that the Council considerincreasing space for staff; the Planning Department had reported on a Master Plan for the Civic Center, and the Council had then directed preparation of a Request for Proposals. Councilmembers Peterson and Moyles stated that they did not link the tax and the expansion. Councilmember Moyles explained that he felt the tax was needed; he considered it a tool to allow this Council and future Councils to use the funds for their highest priorities. Willem Kohler, 21842 Via Regina, stated that he had not heard of the expansion of City Hall; he expressed the fear that the costs of the project might escalate to an unacceptable level. Mike DeLaCruz, 12221 Brookglen Drive, asked whether the Council meetings would be telecast. Mayor Anderson replied that there were problems with staffing, which was to be provided by volunteers. Councilmember Moyles, as a member of the Saratoga COmmunity Access Cable Television Foundation, stated that he would add Mr. DeLaCruz's comments to other comments on the subject for future reference. He noted that the budget for community access was $25,000, most of which would be used for equipment. Diana Parham, 14613 Oak St., spoke as a representative of the Saratoga Residents Association. She believed that volunteers to staff the station could be found among young people. She then stated that she had attended a recent Council meeting where continuation of the utility user tax was discussed, and she felt there was a lack of depth in the budget analysis. She believed there should be a projected budget for five years and a budget adopted each year to take care of unexpected expenses. She opposed spending $3 million on expanding the Civic Center. Mayor Anderson explained that the City already adopts a budget each year. Councilmember Moyles stated that everyone at the meeting to which Ms. Parham referred should be reassured because the Council would take up the issue again in the fall, and everyone invited to the previous meeting would also be invited to the fall meeting. Councilmember Moyles endorsed the budget and the extensive outreach to the community which had produced public input for the budget. He believed the process was a good one and resulted in a budget with a sound fiscal basis. He noted that for two years expenditures appeared to exceed income but pointed out that the situation is not a deficit; rather, the City saves up in some years for expenditures in later years. He pointed out increases in several programs, including paratransit services; Community Services Officers; library hours; Driving Under the Influence program; Senior Day Care program; cultural center in Hakone; Open Space Survey; hazardous waste disposal. Councilmember Stutzman stated that he felt Saratogans were similar to a family, in which expenditures must be balanced against income. With continual cost increases, he feared that the City would be in a financial crunch if revenues were not raised. He believed that the two problems were revenues and City Hall expansion. He felt that the staff needed more space and that concerned people could see the situation for themselves. 6/7/89 - 6 CoUncilmember Peterson noted the addition of a Community Services Officer and stated that Saratoga is behind in terms of emergency preparation. A significant portion of the new CSO's time, he said, would go for that. He felt more should be done for the library because a large number of people use it. He stated that the Youth Commission is still in the start-up stage, but it will make contributions. He also felt that median and traffic signal improvements were important. As a whole, he believed the budget was a good, tight one. Saratoga is a low-budget city, he said, with a fraction of the funds that some cities of comparable size spend. He believed City Hall needs.more space. Mayor Anderson expressed general agreement with previous Councilmembers' statements. Budgeting is a difficult process, she said, and the Council analyzes the budget carefully. She believed the Youth Commission is worthwhile and will contribute more in the future. She clarified her previous remarks about a link between the utility user tax continuation and City Hall expansion by saying that she had meant there would be no money for the expansion if we did not have the tax. There are other necessary projects which could not be accomplished without that source of revenue, she said. MOYLES/PETERSON MOVED TO INCLUDE $24,200 IN THE BUDGET FOR HOUSEHOLD HAZARDOUS WASTE DISPOSAL IN THE FRANCHISE SERVICE AS A CONTRACTUAL SERVICE. Passed 4-0. The public hearing was continued to June 21. Mayor Anderson returned to previous items left unfinished on the agenda. 7. NEW BUSINESS A. Authorization of Publicity for Upcoming Hearings - Ordinances concerning Barking Dogs; Public Park Hours; Street Address Posting; Preparation of Grading Plans by Licensed Architects City Manager explained that a display ad was recommended for the street address posting ordinance because some residents might wish to protest the need to incur the costs of the posting. Consensus to authorize publicity according to staff recommendation. B. Resolution setting Management Salary Ranges for FY 1989- 90 PETERSON/MOYLES MOVED TO ADOPT RESOLUTION 85-9.79. Passed 4-0. C. Request for Proposal - Community Open Space Needs Survey (Planning) Planning Director Emslie reviewed report suggesting process for assessing Saratoga's open space needs. Councilmembers commented on the excellence of the report and the attached flow chart. Councilmember Moyles suggested the inclusion of the Parks and Recreation Commission in the process. In answer to Councilmember Stutzman, Planning Director stated that the process would take twelve months or longer. PETERSON/MOYLES MOVED TO APPROVE THE,REQUEST FOR PROPOSALS. Passed 4-0. PETERSON/MOYLES MOVED TO SET UP REVIEW COMMITTEE WITH PARTICIPATION FROM THE PARKS AND RECREATION COMMISSION. Passed 4-0. D. Authorization of Modification of Restricted Watering Hours at Hakone Gardens PETERSON/STUTZMAN MOVED TO APPROVE AN ADDITIONAL TWO HOURS IN THE MORNING FOR WATERING AT HAKONE GARDENS. Passed 4-0. 9. CITY COUNCIL ITEMS ~/7/s~ - v A. Reports from Individual councilmembers 1) Anderson - Contact with potential developers and/or operators of senior continuing care facilities for Masson Property on ,Saratoga Avenue Dick Oliver, a principal of Dividend Development, explained the difficulties his company was having in finding an operator for the subject property. A market survey is being prepared, he said, but close of escrow on purchase of the property from Seagram's was to take place in September, and he did not feel sure that he could finish the process in time. The main concerns of operators with whom he had spoken, he said, were that a density of about 300 rather than 260 was required, and full-care nursing facilities were difficult to manage. Andrew Beverett, representing the Saratoga Area Senior Coordinating Council, stated that a full-care facility would be highly desirable; a third story would be acceptable if necessary to attract an appropriate operator. He wondered if the Council as well as the Planning Commission could be involved in the process. He did not favor an operator named Cortese because they were a rental operation. Mayor Anderson asked whether the Council wished to consider sending a delegation to encourage Mr. Cortese, a southern California businessman, to take on the project. She noted that Cortese would require mandatory life care insurance policy. Councilmember Peterson expressed objections to the Commission or Council's becoming involved in the matter, feeling that the market would take care of the problem. He believed that the Council should make it known that they would be flexible and work with the developer and the operator and were willing to raise the height to three stories and the density to 300 units as long as the whole concept worked. Councilmember Stutzman said he believed the rate was probably overpriced for'the location; he felt the Council was being pressured into a position to support the developer in intensifying the density of the project. Councilmember Moyles stated that the Council had already conceded the zoning; he would consider a third story if the Planning Commission approved it, but he would not allow the Council's planning to be driven by the date of escrow. He did not favor having the Council intervene in the process, believing that finding an operator should be left to the developer and the seniors, who had the strongest motivation for doing so. There was consensus to take no action as a Council, but to allow the developer and the Saratoga Area Senior Coordinating Council to continue to attempt to find an operator. Mayor Anderson advised the developer to be extremely specific in the market survey. Other Councilmembers Reports Councilmember Moyles reported on a recent reception held by the Hakone Foundation Board, saying that several important people were interested in joining the to-be-expanded Hakone Foundation Board. He requested ~hat Mayor Tamiaki of Muko-shi be sent a ceremonial copy of the page of the budget showing the allocation for Hakone Gardens. Mayor Anderson then reminded councilmembers to submit any comments they might have on the County General Plan. Councilmember Moyles agreed but suggested the Council follow Supervisor McKenna's lead as to the timing and coordination of the process. Mayor Anderson requested that the staff send Assemblyman Quackenbush a letter of thanks for a gun bill which included a 15- day waiting period for delivery of a gun after purchase. 6/7/89 - 8 City Manager reminded the Council about the reception at Hakone Gardens in connection with visitors from Muko-shi in November. 10. ADJOURNMENT The meeting was adjourned at 11:25 p.m. Respectfully submitted, Grace E. Cory Deputy City Clerk