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HomeMy WebLinkAbout06-21-1989 City Council Minutes MINUTES SARATOGA CITY COUNCIL DATE: Wednesday, June 21, 1989 - 7:30 P.M. PLACE: Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting 1. Roll Call: Mayor Anderson, Councilmembers Clevenger, Moyles, Peterson, Stutzman present at 7:42 P.M. 2. CEREMONIAL ITEMS: None 3. ROUTINE MATTERS: A. Approval of Minutes: Meeting of June 7, 1989 STUTZMAN/PETERSON MOVED APPROVAL OF THE MINUTES OF JUNE 7, 1989, AS PRESENTED. Passed 5-0. B. Approval of Warrant List: PETERSON/CLEVENGER 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 June 16, 1989. 4. CONSENT CALENDAR: A, Planning Commission Actions, June 14, 1989 - Noted and Filed. B. Heritage Preservation Commission Minutes, May 17,1989 - Noted and Filed. C. Youth Commission Minutes, May 23, 1989, and May 31, 1989 - Noted and Filed. D. Public Safety Commission Minutes, Ju, ne 12, 1989 - Noted and Filed. E. Parks and Recreation Commission Minutes, June 5, 1989 - Noted and Filed. F. Final Building Site Approval, SD 89-001, Sobey Rd., I lot (Developer, Sinsley Con- struction) G. Final Acceptance, SD 87-011 and 87-013, Paul Avenue, Release of Bonds, and Res. ;~F/4 accepting dedication of right-of-way (Developer, Cunningham) H. Final Building Site Approval, SD 89-003, Springer Ave., 1 lot (Developer, B. Kelly) I. _A~io tion of CDBG unt City Contract for FY and Authorization for J. Resolution accepting dedication of park site, Tr. 7763 (Developer, Dividend Development Corporation) (continued to ,';uly 5, 1989) K. Authorization of ftre safety provisions on Bohlman Rd.: extra patrols on July 3 and closure of road from 4 p.m. to 10 p.m. on July 4th as in previous years and as recom- mended by Public Safety Commission L. Authorization for Council and City Manager attendance at League of California Cities Executive.Forum, Monterey, July 26th - 28th, 1989, with reasonable and necessary expenses M. Investment Report - March, April, May 1989 MEETING OF THE CITY COUNCIL Page 2 JUNE 21, 1989 CONSENT CALENDAR Continued N. Financial Report - April, May, 1989 O. Treasurer's Report - April, May 1989 Mayor Anderson cited Item D, Public Safety Commission Minutes, ~, where- in the Commission wished direction from the City Council regarding consideration of recovering the costs for parties which required the intervention of the Sheriffs Office. Community Services Director Argow confirmed the Commission felt this item was a lower priority than other items on the work program; however, if the Council wished-the issue pursued, the Commission was very interested in doing so. Consensus reached to direct the Public Safety Commission to review and consider this Item. The City Manager stated that with respect to Item J., Mr. Oliver of Dividend Development Co. was out of town and had not had an opportunity to respond to the City's recent letter regarding Condi- tions for accepting a park site dedication. Continuance to the July 5, 1989, Meeting was in order. PETERSON/MOYLES MOVED APPROVAL OF THE CONSENT CA, I .ENDAR. Passed 5-0. 4. CONSENT CALENDAR II - CLAIMS: A. Claim of Pollard concerning alleged breaking of automobile windshield by stone thrown up by gavel truck. MOYLES/CLEVENGER MOVED TO DENY THE CLAIM OF POI .I .ARD Passed 5-0. 5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC: A. Oral Communications from the Public and Commissions Mr. Jeremiah O'Shea, 1637 Escalona Dr., Santa Cruz, presented materials relative to his complaint of alleged racketeering and unfair labor practices by the Santa Clara County Transit District. Mr. Mackenzie, 14554 Big Basin Way, Saratoga, stated customers complained that Saratoga was going to look like Los Gatos; he requested information on the maintenance of the Parking Districts. Mr. Bert Martel;., 14420 Fruitvale Ave., Saratoga, requested access to all City files which con- tained information on him; his request made at the last Council Meeting had gone unanswered. The City Attorney, being asked to respond, sthted that the State Public Records Act made public records accessible without special request; ff Mr. Martel would inform the City Manager of those records he wished to review, they would be made available. Ms. Kim Laird, 18709Casa Blanca Ln., Saratoga, requested information on the date of the neigh- borhood meeting for discussion of the Route 85 soundwalls; a tentative July 1 lth date was noted. Mr. Rob~ g3nt Ravine Rd., Saratoga, stated that property owners adjacent to the George F. Hv/anc3 property were having problems acquiring water easements required under SDR-1620, with the lack of removal of the chain link fencing, and the height of retaining walls on the site in question. The City Attorney and Planning Director updated the Council on the status of these complaints; Staff was directed to provide a complete report, with Mr. i-I~ang being advised of the allegations. B. Written Communications from the Public 1) Chris Kummerer, 19761 Lanark Lane, proposing skateboard ramp at Congress Springs Park. Mr. Chris Kummerer reviewed his proposal for a skateboard ramp at Congress Springs Park. Councilmember Peterson commended the speaker on the comprehensive report prepared; if the ~.oroposal was approved by the Parks and Recreation Commission, the City could find the funding. uncilmember Stutzman agreed and noted there were too few facilities fo~ activities that devel- oped coordination and motor skills; skateboarding may become the rapid transit of the future. MEETING OF THE CITY COUNCIL Page 3 JUNE 21, 1989 COMMUNICATIONS FROM THE PUBLIC AND THE COMMISSIONS Continued Councilmember Clevenger advised the speaker that he could report to the Parks and Recreation Commission that he had received a favorable response from the City Council 2) Christinn Gulrich, 12308 Walden Ct., requesting ordinance requiring removal of garbage receptacles on collection day The City Council directed the City Attorney to prepare an ordinance as requested above. 3) Anthony M. Cook, 20132 Edinburgh Dr., with complaint about new pavement quality on Edinburgh. Mr. Cook requested assurance that the method of application of the pavement would be inspected by a qualified, independent puny. The City Manager assured him that such would be done. 4) Huddle Newman, League of Women Voters, P.O. Box 2865, with suggestions on County General Plan. Councilmember Moyles endorsed Staff Recommendation to send a draft reply; in addition, he asked that the City Council be represented at one of the upcoming:~ablie hearingsto present a prepared statement objecting to any urbanization of the Sphere of Influence/Urban Service Area; copies of this statement to he sent to eve member of the Board of Supervisors, ehest. atenent ~ k~ prepared by staff and rev?~ by the City Council on July 5. Councilmember Peterson suggested consideration that the prepared statement include reference to the City's Sphere of Influence Application being made to LAFCO. Mayor Anderson proceeded to Public Hearings. 8. PUBLIC !~EARINGS: A. City Budget for 1989-90 and 1990-91 (cominued from June 7) 1) Adoption of Budget Resolution 2575 and Gann Limit Resolution 2576 2) Adoption of Resolutions 2577 and 2578 authorizing permanent positions and adopting pay schedule for pan-time temporary employees for 1989~90 The City Manager reviewed the Report Re: Adoption of Budget - Fiscal 1990 and Fiscal 1991. The Public Hearing was reopened. Col. E.T. Barco, Camino Barco, Saratoga, r~d a prepared statement opposing a new Council chambers and the extension of, or any increase in the Utility User's Tax; he questioned whether the Council could be trusted not to raise the tax once it was extended. The Public Hearing was closed at 8:37 P.M. Councilmember Clevengercommented that in reviewing the budget, she was pleased about the community benefits being provided, especially for the City's youth and for the expansion of Senior Adult Day Care Services. These services were valued by the ;e~idents. Further considera- tion would have to he given to the Utility Users Tax. PETERSON/MOYLES MOVED TO ADOPT RESOLUTION 2575 ADOPTING THE CONSOLI- DATED BUDGET FOR THE FISCAL YEARS 1989-91, MAK/NG APPROPRIATIONS AND AUTHORIZING CARRY-OVER THERETO AND EXPENDITURES THEREFROM. Passed 5-0. PETERSON/CLEVENGER MOVED TO ADOPT RESOLUTION 2576 ESTABL/SHING THE 1989-90 FISCAL YEAR APPROPRIATIONS LIMIT FOR THE CITY OF SARATOGA. Passed 5-0. PETERSON/MOYLES MOVED TO ADOPT RESOLUTION 2577 AUTHORIZ/NG PERMA- NENT POSITIONS IN THE CITY SERVICE FOR FISCAL YEAR 1989-90. Passed 5-0. PETERRSON/MOYLES MOVED TO ADOPT RESOLUTION 2578 ESTABLISHING PAY SCHEDULE FOR PART-TIME TEMPORARY POSITIONS. Passed 5-0. MEETING OF THE CITY COUNCIL Page 4 .rUNE 21, 1989 PUBLIC HEARINGS Continued PETERSON/CLEVENGER MOVED TO DIRECT THE CITY MANAGER TO PRINT THE BUDGET. Passed 5-0. PETERSON/CLEVENGER MOVED TO DIRECT THE CITY CLERK TO PUBLISH A NOTICE OF AVAILABILITY OF THE BUDGET SUMMARY. Passed 5-0. The City Manager reviewed the Report Re: Hag Lot Moratorium on R-1-Zoned Property. Planning Director Eroslie stated that one application had been received for a two-lot subdivision with a flag lot configuration; this Item was scheduled to be heard by the Planning Commission on July 12, 1989. Staff did not anticipate any conflict since the hearing on the application would not be interspersed with policy discussions; secondly, the R-I.40,000 zoning district was not an area where there was concern about the proliferation of flag lots. The Public Hearing was reopened. Mr. Argie C. asala noted the early history of Saratoga and added that flag lots could only occur on a maximum of 25-30 remaining lots; he cited the unnecessary costs of regulating such development. ME. Romanchak, 15201 Quito Rd., Saratoga, stated it was her application for a two-lot subdivi- sion with a flag lot configuration that had been accepted; she expressed her appreciation. Mr. JeffJones, Los Gatos-Saratoga Board of Realtors, cited their letter to the Council. They were concerned about a moratorium on fla lot developments; only one application had been submitted during the period of discussion. The Ward did not believe that flag lot configurations presented a threat to the health and safety of residents; nonetheleas, a study of the issue may be warranted. Mr. Rob6on, Ravine Rd., Saratoga, felt those opposai to a moratorium had a profit motive, whig those favoring such were preservationisis--people who wished to se~ Saratoga remain as it used to be. He noted the undesirable changes resulting from the pressures of grovah. Mayor Anderson ciosat the Public Hearing at 8:55 EM. Councilmember Peterson questioned the urgency of imposing a moratorium on flag lot develop- merit; after two months of discussion, only one application had been received for the R-l-40,000 zoning district, Moratorium should be enacted only when there was a sense of urgency; there was not an ur ncy in this case. Over a two-year period, four of the eight applications received were denied. ~'~ stand on the moratorium did not.reflect whether he favored or opposed flag lots; he was confident the Planning Commission would address any concerns raised. Councilmemba Stutzman favored the moratorium because this was one way to accomplish a task that was long overdue; the moratorium would facilitate the entire process by designating a forty- five day period wherein a public hearing would be held and a decision made. He noted the con- sidetable period of time that had elapsed with no visible activity on the issue. Councilmember Clevenger noted that the required four-fifths vote did not appear to be secured, however, she was persuaded by Staff that a moratorium should be imposed enabling the policy discussions to be nnencumbered by current applications. Mayor Anderson was persuaded by the Planning Cornmission's request for a moratorium; they had been swamped with applications during discussions on the new Design Review Guidelines. While an Urgency Ordinance would not necessarily preclude flag lots, the Commission required time to review the issues without current applications being heard at the same time. Councilmember Moyles stated he opposed the moratorium. He emphasized that the issue before the Council was not flag lot development per se; there seemed to be confusion about this point and the merits of flag lots were being debated. He was very concerned that urgency ordinances were an unwarranted shortcut of the process, affected people's legitimate rights and showed a disregard for fair play. The Council had already acted on the issue of flag lot development, namely, they had referred the matter to the Planning Commission; a public hearing would be held no later than November of this year. MEETING OF THE CITY COUNCIL Page 5 JUNE 21, 1989 PUBLIC HEARINGS Continued CLEVENGER/STUTZMAN MOVED TO ADOPT AN URGENCY INTERIM ORDINANCE ESTABLISHING A MORATORIUM ON THE APPROVAL OF CERTAIN FLAG LOTS, PENDING A STUDY OF PROBLEMS CREATED BY SUCH LOTS AND THE POSSIBLE ADOPTION OF NEW REGULATIONS TO CONTROL THE SAME. Failed 3-2, Council- members Moyles and Peterson dissenting. C. Resolution 2564.4 in connection with 1 .I A-1 (existing) The City Attorney reviewed the Report Pe: Landscaping and Lighting District LLA-1 (Existing). The Public Hearing was opened at 9:05 EM. There were no speakers. Mayor Anderson then closed the Public hearing. CLEVENGER,/PETERSON MOVED APPROVAL OF RESOLUTION 2564.4 OVERRULING PROTESTS AND ORDERING THE IMPROVEMENTS AND CONFIRMING THE DIAGRAM AND ASSESSMENT, FISCAL YEAR 1989-1990. Passed 5-0. D. Resolution 2565.4 in connection with LLA-1 (annexation) - ' The City Attorney reviewed the Pepon PC: Landscaping and Lighting District LLA-1 (Annexation); this Item directly addressed the concerns raised by Mr. Mackenzie under Oral Communications. The Public Hearing was opened at 9:10 EM. Mr. Mackenzie, 14554 Big Basin Way, S~iratoga, requested information on the assessment and maintenance of the Parking District; the City Attorney and City Manager provided the information. Mr. Mackenzie added that property owners had paid for the Parking District and dedicated the land; he contended these areas were no longer their property and questioned levying taxes on such. He felt that the landscaped areas were very poorly maintained. Mr. Casabonne, 14425 Big Basin Way, Saratoga, agreed with the above comments, although he did not object to paying for required services. Councilmember Moyles stated he was prepared to adopt the resolution under consideration; how- ever, he suggested Staff be directed to report back on the concerns raised by the above speakers. Consensus reached that Staff be directed to report back on the maintenance of the Parking Districts. Councilmember Peterson asked that information also be provided on how other cities handled their ~oarking districts and the maintenance of such' he noted the potential burden on Village Merchants. nsensus reached that Staff report back on i'Ve ,inaintenance of parking district in other cities. The City Manager noted for the record that Protests to be legitimate must be registered in writing; the City had received no protests in connection with the LLA-1 (existing) or l.!A-1 (annexation). Mayor Anderson then closed the Public hearing. CLEVENGER/MOYLES MOVED APPROVAL OF RESOLUTION 2565.4 OVERRULING PROTESTS AND ORDERING THE ANNEXATION OF TERRITORY TO AN EXISTING AS- SESSMENT DISTRICE ORDERING THE IMPROVEMENTS AND CONFIRMING THE DIA- GRAM AND ASSESSMENT,, FISCAL YEAR 1989-1990. Passed 4-1, Councilmember Peterson dissenting, E. Ordinance amending the Building Regulations to require address numbers on existing veloped toperties to be visible from the street as requested by the Building Department and the ~ratoga Fire District. This requiremen; already applies to new developments. The City Attorney reviewed the Report Re: Posting of Street Addresses on Existing Properties. The Public Hearing was opened at 9:25 EM. There were no speakers. The Public Hearing was then closed. MOYLES/PETERSON MOVED TO INTRODUCE AN ORDINANCE ADDING SECTION 16- 75.040 TO ARTICLE 16-75 OF THE CITY CODE TO REQUIRE IDENTIFICATION OF PREMISES. Passed 5-0. MEETING OF THE CITY COUNCIL Page 6 JUNE 21, 1989 PUBLIC HEARINGS Continued F. Amendment to the park regulations to provide for closure starting at 1/2 hour after sunset instead of 10:00 P.M., as recommended by Maintenance Director The City Attorney reviewed the Report Re: Hours of Operation of Public Parks. The Public Hearing was opened at 9:37 EM. There were no speakers. The Public Hearing was then closed. MOYLES/CLEVENGER MOVED TO INTRODUCE AN ORDINANCE AMENDING SECTION 11-05.020 CONCERNING HOURS OF OPERATION OF PUBLIC PARKS. Passed 5-0. G. Technical amendment to the Ordinance concerning barking dogs in order to facilitate en- forcement, as recommended by City Attorney The City Attorney reviewed the Report Re: Amendment to Ordinance Concerning Barking Dogs. The Public Hearing was opened at 9:41 EM. Mr. Ben Manel, 14420 Fruitvale Ave., Saratoga, stated he had a problem with barking dogs ~o"r the past three to five years; he cited Staff Report iReport Sumrodn' statement, "Such violation can be established on the basis of CSO testimony alone, without further evidence from persons residing within the neighborhood" and questioned whether such precluded testimony by residents. The City Manager responded that such was intended to allow the CSO's testimony to be sufficient without the collaboration of neighbors, not to preclude neighbors from testifying. The Public Hearing was closed at 9:45 P.M. PETERSON/CLEVENGER MOVED TO INTRODUCE AN ORDINANCE AMENDING SECTION 7-20.190 OF THE CITY CODE CONCERNING BARKING DOGS. Passed 5-0. H. Ordinance amending the Grading Ordinance to allow grading plans to be signed by a licensed architect rather than an engineer The City Attorney reviewed the Report Re: Preparation of Grading Plans by Licensed Architects. Councilmember Stutzman felt architects did not have the necessary civil en inecring background. The City Attorney called attention to the Memo from the State, Si_c, nature ao~ Site Grading Plans. While he did not disagree with the above comment, responsible architects would bring in structural, mechanical and electrical engineers, as needed; hopefully geotechnical engineers would be relied upon for sophisticated grading plans, although the State unfortunately, did not make any distinction on the basis of the corn lexity of the l~roject.. Liability rested with the individual sign- ing off a project; in addition, the ~ii~y would require geotechnic reports for hillside grading. Councilmember Clevenger felt there was little alternative to accepting this advisory bulletin; the City could require a geotechnical report for any site where there were potential problems. The Public Hearing was opened at 9:53 P.M. Mr. Willera Kohler, 21842 Via Regina, Saratoga, cited the importance of engineered drawings. for hillside development; he asked that a provision be added to the Amendment to require an engineer to be involved in any hillside development where geologic problems and/or sliding may occur. The Public Hearing was closed at 9:55 EM. Mayor Anderson advised that the Planning Commission be made aware of this situation in order to properly address the concerns that had been raised. Councilmember Peterson felt that the City's checks and balances would address any concerns. CLEVENGER/MOYLES MOVED TO INTRODUCE AN ORDINANCE AMENDING VARIOUS SECTION IN ARTICLE 16-55 CONCERNING EXCAVATION AND GRADING. Passed 5-0. Break 9:56-10:10 EM. Mayor Anderson returned to Communications from the Public and the Commissions. MEETING OF THE CITY COUNCIL Page 7 JUNE 21, 1989 COMMUNICATIONS FROM THE PUBLIC AND THE COMMISSIONS Continued 5) Janice Morgan, 20120 Williamsburg Lane, requesting relaxation of watering hours for Bamboo Park Councilmember Clevenger felt no one would object to a relaxation of the watering hours to fit the schedule of the volunteers; she thought the exemption should be applied to all of Hakone Gardens. Councilmember Moyles agreed and added that the method of watering the gardens was not the wasteful type the Ordinance was designed to prevent. PETERSON/CLEVENGER MOVED TO EXEMPT HAKONE GARDENS FROM RESTRIC- TIONS ON WATERING HOURS. Passed 5-0. Councilmember Moyles reported on a recent Meeting of the Hakone Gardens Board of Trustees; the Trustees wished to amend the current agreement with the City. Mr. Henry Yamate, Trustee, Hakone Foundation, provided a status report on the rental monies collected from the use of Hakone Gardens; these funds may be needed in order to obtain a match- ing grant. He asked that the invoicing be held in abeyance until the August 22, 1989, Meeting. PETERSON/MOYLES MOVED TO DIRECT STAFF TO HOLD IN ABEYANCE THE INVOIC- ING OF HAKONE FOUNDATION UNTIL THE AUGUST 22, 1989, MEETING. Passed 5-0. 6. OLD BUSINESS: None. 7. NEW BUSINESS: A. Master Meeting Calendar for July1989 through July1990 PETERSON/MOYLES MOVED TO ADOPT THE MASTER MEETING CALENDAR - CITY COUNCIL JULY 1, 1989 - JUNE 30, 1990, CANCELLING THE JULY 19, AND AUGUST 16, 1989, MEETINGS. Passed 5-0. B. City Engineering Services Agreement - Willdan Associates PETERSON/MOYLES MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH WILLDAN ASSOCIATES FOR CITY ENGINEERING SERVICES. Passed 5-0. C. Amendment to Transit Assist ~oint Powers Agreement and Saratoga Indemnity Agreement CLEVENGER/MOYLES MOVED APPROVAL OF AN AMENDMENT TO JOINT POWERS AGREEMENT AND INDEMNITY AGREEMENT AND AUTHORIZATION FOR CITY MANAGER TO EXECUTE THE SAME. Passed 5-0. D. Publicity for Upcoming Hearing - Reversion to Acreage (Shortino) Consensus reached to accept Staff Recommendation for the Publicity for the Upcoming Hearing. 9. CITY COUNCIL ITEMS: A. Reports from Individual Councilmembers Mayor Anderson reported on the recent Meeting of the West Valley Sanitation District 4. ADJOURNMENT: The Meeting of the City Council was adjourned at 10:45 EM.to a Closed Session,on personnel. Upon reconvening Mayor Anderson announced the appointment of Gillian ~bran to the Planning Conmission. The n~eting was adjourned at 11:30 p.m. Carol A. Pr~bst-Caugh~~