HomeMy WebLinkAbout07-05-1989 City Council Minutes MINUTES
SARATOGA CITY COUNCIL
DATE: Wednesday, July 5, 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 7:30 EM.
2. CEREMONIAL ITEMS:
A. Resolution 2579 Appointing Gillinn Moran to Planning Commission
PETERSON/STUTZMAN MOVED APPROVAL OF RESOLUTION 2579. Passed 5-0.
B. Administration of Oath of Office to Gill/an Moran
Mayor Anderson administered the Oath of Office to Ms. Moran.
C. Letters of Commendation to be prepared for Mr. Paul Wesl.in~.nd 5 young men
Mayor Anderson stated that the Letters would be prepared for Mr. Wes3~and 5 recent High
School graduates for saving the lives of Mr. and Mrs..l~be't and most of their home from a fire;
Mr. and Mrs. ~ expressed their deep appreciation for this act of heroism and presented each
with a hand crafted puppet representing ancient and mystical princes and warriors.
3. ROUTINE MATTERS:
A. Approval of Minutes: Meeting of June 21, 1989
STUTZMAN/MOYLES MOVED APPROVAL OF THE MINUTES OF JUNE 21, 1989, AS
PRESENTED. Passed 5-0.
B. Approval ofWarrant List:
PETERSON/MOYLES 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
30, 1989.
4. CONSENT CALENDAR:
A. Planning Commission Actions, June 28, 1989, - Noted and filed.
B. Library Commission Minutes, June 28, 1989, - Noted and filed.
C. Resolution 2580 accepting dedication of park site, Tr, 7763 (Developer, Dividend Devel-
opment Corporation) (Continued from June 21)
D. Resolution MV-185 authorizing center line striping on Parker Ranch Road
E. Authorization to advertise for overlay and reconstruction of various City streets
F. Final Map Approval, Tr. 8233, Saratoga Ave., 4 lots (Developer, J. Lohr)
G. Acknowledgement of resignation of Marge Anderson from Parks and Reereation Commis-
sion and authorization for advertising of vacancy
H. Resolution 2581 commending Marge Anderson
MEETING OF THE CITY COUNCIL Page 2
JULY 5, 1989
CONSENT CALENDAR Continued
I. Endorsement of Coastweeks, the California Coastal Cleanup, and the California Coastal
Commission's Adopt -A-Beach Program as approved by the Council last year
J. Resolution 2582 modifying Planning Commission decision on Kohler appeal of Burke
(Harbor Builders) Project heard April 19, 1989, (Continued from June 7)
K. Ordinance 71.62 amending the Building Regulations to require address numbers on exist-
ing developed properties to be visible from the street, as requested by the Building Depart-
merit and the Saratoga Fire District (Second reading and adoption)
L. Ordinance 71.63 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
(Second reading and adoption)
M. Ordinance 71.64 technical amendment to the ordinance concerning barking dogs in order
to facilitate enforcement, as recommended by City Attorney (Second reading and adoption)
N. Ordinance 71.65 amending the Grading Ordinance to allow grading plans to be signed by
a licensed architect rather than. an engineer (Second reading and adoption)
Mayor Anderson requested removal of Consent Calendar Item E.
Mr. Willera Kohler requested removal of Consent Calendar Item J.
CLEVENGER/MOYLES MOVED APPROVAL OF THE CONSENT CALENDAR WITH RE-
MOVAL OF ITEMS E. AND J.. Passed 5-0.
Mayor Anderson stated she had a concern regarding Item E, Authorization to advertise for overlay
and reconstruction of various City streets; she noted streets that had not been properly overlaid.
The City Manager provided information of the overlay and reconstruction of these streets.
MOYLES/PETERSON MOVED APPROVAL OF CONSENT CALENDAR ITEM E. Passed 5-0.
J. Resolution 2582 modifying Planning Commission decision on Kohler appeal of Burke
(Harbor Builders) Project heard April 19, 1989, (Continued from June 7)
Mr. Kohler, Via Regina, Saratoga, reviewed the outcome of his appeal of the Planning Commis-
sion's decision on the Burke Project; he felt the compromise reached was not being implemented.
Bulldozers were already on the project site cutting a trail into the hillside.
Planning Director Eroslie updated the Council on the status of the project and actions of the City; he
presented a Site Map showing the trail cut approved. The developers had taken action without the
approval of the City since the Resolution and Exhibit had not been adopted prior to the Hearing.
Councilmember Peterson stated he would approve this Consent Calendar Item; however, he wish-
ed to make clear that the trail location shown on the Exhibit would have to be followed.
The City Manager commented that grading of the trail was done prematurely' whether the trail's
location as shown on the Exhibit was followed would be determined by City ~taff on a site visit.
The developer would be charged a minimum of $500. for grading prior to receiving approval.
CLEVENGER/PETERSON MOVED TO APPROVE CONSENT CALENDAR/TEM J., AS-
SIGNING LIQUIDATED DAMAGES IN THE AMOUNT OF $500. FOR GRADING PRIOR
TO APPROVAL OF THE CITY; LIQUIDATED DAMAGES TO BE ASSESSED IN THE
AMOUNT OF $500. PER DAY IF THE EQUESTRIAN TRAIL WAS NOT GRADED
ACCORDING TO THE EXHIBIT ATTACHED TO THE RESOLUTION. Passed 4-1,
Councilmember Stutzman dissenting.
Councilmember Peterson asked that a letter be sent advising the developer of the City's position.
Councilmember Stutzman stated he dissented on the Motion since he felt the developer should be
assessed $500. per day until a determination was made by the City that the equestrian trail was
properly located. He noted the consistent violations of Cit~, standards by this developer.
Councilmember Clevenger responded that her Motion included liquidated damages for every day
that grading was not properly done as shown on the approved Exhibit.
MEETING OF THE CITY COUNCIL Page 3
JULY 5, 1989
5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC:
A. Oral Communications from the Public and Commissions
Ms. Lillian Benson, Benson Antiques, reviewed the situation in the Village. Some tenants at-
tempted to sell their businesses since they could not survive the construction period; landlords
refused to consider such in anticipation of future rent increases. Recent media coverage showing
Saratoga Village at its worse was sought by some merchants, who believed that negative publicity
would force the City to come to their aid. She asked that a report on the improvements be made.
Mr. Bill Carlson, Bella Mia Restaurant, urged consideration of rent controls for the Village area; he
commented on recent closings of various, respected businesses and the vacancies that now existed.
Ms. Benson added she had received a very attractive offer to relocate her business in Westgate Mall.
Councilmember Moyles noted his concern for the Village; he suggested the Council use its influence
to obtain information from Cal Trans regarding the status of the improvements. However, he had
no desire to participate in discussions between landlords and tenants and was unequivocally
opposed to rent control. He added that direct financial aid was not the City's responsibility.
Councilmember Clevenger agreed a meeting should be called to exchange information; she noted the
animosity of some toward the Council and wished the Council's position could be clarified. It was
the City's hope that these improvements would eventually help the merchants; however, using the
Council's influence to sway the landlords to consider rent decreases would be the least productive
way to approach them. A status report on the street improvements would benefit everyone.
Consensus reached to arrange a meeting between the merchants, landlords and a Councilmember;
in addition, Councilmember i'-t:>yl.es will communicate with Cal Trans and report back.
Mr. Stephen Farkas,Hungarian Reform Church, noted that the Appeal of the decision on the Odd
Fellows picnics prohibited them from holding their picnic scheduled for July 23rd; no activities
could occur until the City Council heard the Appeal on August 2nd.
The City Manager responded it was unfortunate the Odd Fellows handled the situation as they had.
The administrative rules requiring a letter of application to be submitted to the City, were issued
last March; it appeared the Odd Fellows had not notified interested parties of this requirements. In
addition, a prohibition of picnics on Sundays was a covenant with the neighborhood.
Councilmember Clevenger was reluctant to intervene in the established appeals process.
Councilmember Peterson commented he was more interested in applying fairness; this issue had
been through a public hearing and the Planning Commission had made a determination. He was
not persuaded the Council could not grant the speaker's request.
The City Attorney reviewed procedures surrounding appeals of pre-cxisting uses; he advised that
the Council could amend a previously adopted administrative rule.
Councilmember Moyles stated he could not think of an incident where a pre-existing use was sus-
pended pending an appeal hearing. He felt the speaker's request should be granted in the interest
of equity, and following accepted procedures; furthermore, the Council may ultimately permit the
use being appealed. Allowing a picnic on Sunday rather than Saturday would not seem to be an
egregious modification of an administrative rule. This request was granted subject to all other
administrative rules and regulations.
Councilmember Stutzman stated he was sympathetic to the speakers dilemma; he did not feel
problems would arise from this Church picnic.
PETERSON/MOYLES MOVED TO ALLOW THE PICNIC SCHEDULED FOR SUNDAY, JULY
23, 1989, TO PROCEED, SUBJECT TO ALL OTHER ADMINISTRATIVE PROCEDURES,
INCLUDING THE FILING OF AN APPLICATION BY JULY 7, 1989. Passed 5-0.
Mayor Anderson proceeded to Public Hearings.
8. PUBLIC BEARINGS:
A. Reversion to acreage of a 1.289 acre vacant lot and 1.34 acre lot developed with single
~mily home at 15252 Montalvo Rd. The reversion is required in order to construct an
accessory structure for residence on the same site as the residence in the R~I-40,000 zon-
ing district. (LL-89-004) (Applicant, L Shortino)
MEETING OF THE CITY COUNCIL Page 4
JULY 5, 1989
PUBLIC HEARINGS Continued
The City Manager reviewed the Report Re: Reversion to Acreage, Montalvo Rd., July 5, 1989.
The Public Hearing was opened at 8:52 P.M. There were no speakers.
The Public Hearing was then closed.
CLEVENGER/PETERSON MOVED TO ADOPT RESOLUTION 2585 REVERTING TO ACER-
AGE CERTAIN ASSESSORS PARCELS 517-22-101 AND 517-22-102 AND MAKING THE
FINDINGS IN SUPPORT THEREOE Passed 5-0.
Mayor Anderson then returned to Communications from the Commissions and the Public.
B. Written Communications from the Public
1) C.R. Bilek, 15211 Sobey Rd., requesting widening of Sobey Road.
The City Manager reviewed the rationale for an assessment district, per request of the Council,
Councilmember Clevenger noted that not all residents of Sobey Rd. wished to widen the street.
Councilmember Peterson added that if the City was not interested in funding improvements on
Sobey Rd,, then information on the formation of an assessment district should be presented to Mr.
Bilek; in addition, it should be made clear that the City was not interested at this time.
Councilmember Moyles asked that it be made clear to IV'ft. Bilek that there was no compelling rea-
son in terms of health and safety, to improve this portion of Sobey Rd. at this time.
Consensus reached to direct Staff to inform Mr. Bilek that the City will assist in the formation of
an assessment district to design, construct and finance widening of Sobey Rd. if benefitted prop-
enies requested; in addition, a statement will be included that there was no compelling reason m
terms of health and safety, to improve the street at this time, as requested.
2) Roger K. Wedel, 12087 Kristy Lane, requesting repaying of Kristy Lane.
Consensus reached to authorize Staff to send the draft letter.
3) Alan G. Lambert, The Gerard Group, 141 First St., Los Altos, 94022, with concerns
about "restrictions on the deductibility of mortgage interest" proposed by National
League of Cities. - Received and filed.
6. OLD BUSINESS:
A. Hazardous Materials Testing and Disposal - Recycle Center (Continued from l~ay 17)
The City Manager advised that this Item be Continued to August 2, 1989. Ccmsens'us to do so.
B. Report and draft statement on County General Plan including proposed changes to
development of the Paul Masson Mountain Winery
Planning Director Eroslie presented the Report Re: Response to County General Plan Revisions
and Status of Masson Mountain Winery Project, dated July 5, 1989.
The City Manager provided additional information on LAFCO and the City's application to include
the Paul Masson Mountain Winery in the City's Sphere of Influence and Urban Service Area. He
suggested there be additional language in the draft statement, relative to other considerations of the
Planning Commission; examples were cited.
Consensus reached to approve a statement on County General Plan including proposed changes to
development of the Paul Masson Mountain Winery with added language relative ot other
considerations of interest to the City, and direct same to be presented to County Planning Commis-
sion and forwarded to the Board of SuperviSors. Passed 4-0-1, Mayor Anderson absent.
C. Resolution 2583 clarifying Zoning Classification for Bainter Property and Hidden Hill
Property
Planning Director Eroslie presented the Memorandum Re: Zoning Designation of the Property of
Veilrisky, at 15839 Hidden Hill Road and Hwang at 19288 Bainter Avenue, dated June 28, 1989.
MEETING OF THE CrTY COUNCIL Page 5
JULY 5, 1989
OLD BUSINESS Continued
PETERSON/STUTZMAN MOVED TO ADOPT RESOLUTION 2583 CONFIRMING THE
ZONING CLASSIFICATION OF CERTAIN PROPERTIES ANNEXED TO THE CITY. Passed
4-0-1, Mayor Anderson absent.
7. NEW BUSINESS:
A. Resolution 2383.5 revising Park Development Fees
The City Manager presented the Report Re: Revision to Park Dedication Fees, dated July 5, 1989.
CLEVENGER/ANDERSON MOVED TO ADOPT RESOLUTION 2383.5 AMENDING RESO-
LUTION 2383 WITH RESPECT TO PARK AND RECREATION FEES ONLY, SET CUR-
RENT FAIR MARKET VALUE AT $518,826.00 PER ACRE AND DIRECT THAT AN
ANNUAL APPRAISAL OF LAND VALUE BE PERFORMED FOR QUIMBY ACT PURPOSES.
Passed 5-0.
B. Resolution 2584 partially accepting the offer of dedication of streets in subdivision map
for Tr. 6665 and rescinding Resolutions 36-B-235 and 36-B-236
The City Attorney presented the Report Re: Resolution Partially Accepting Street Dedication of
Tract 6665, dated July 5, 1989.
CLEVENGEP,/ANDERSON MOVED TO ADOPT RESOLUTION 2584 PARTIALLY ACCEPT-
ING THE OFFER OF DEDICATION OF STREETS IN SUBDIVISION MAP FOR TR. 6665
AND RESCINDING RESOLUTIONS 36-B-235 AND 36-B-236. Passed 5-0.
C. Publicity for Upcoming Hearings - Schwartz Appeal; Appeal of Espeseth Project; Village
Ordinance and Commercial Regulations
Councilmember Clevenger favored Staff Recommendation with posting the downtown area on the
Appeal of Espeseth Project; Planner Young confirmed that extensive noticing had been done.
Consensus reached to accept Staff Recommendation on the Publicity for Upcoming Hearings.
D. Update report on Village Street Tree Program
Planning Director Eroslie presented the Memorandum Re: Status Report on Village Street Tree
Program, dated June 28, 1989.
Councilmember Moyles asked ff the Oak tree on 6th was removed, a replacement tree be planted.
Councilmember Peterson noted that once the trees were removed, restoration of some traditional
buildings would be very desirable; secondly he suggested consideration of incentives to facilitate
completion of the street improvements undertaken by Cal Trans; the City Manager will investigate.
MOYLES/CLEVENGER MOVED TO DIRECT THAT THE VILLAGE STREET TREE PRO-
GRAM BE AMENDED IN A MANNER CONSISTENT WITH STAFF REPORT AND
AUTHORIZE STAFF TO PREPARE SPECIFICATIONS TO GO TO BID. Passed 5-0.
E. Report on neighbor concerns about ongoing violations at Hwang Property, 19288 Bainter
Ave.
The City Manager reviewed the Report Re: Review of Code Compliance Questions at 19288
Bainter Ave., property owner George Hwang; Staff recommended the Report be noted and filed.
The City Attorney provided additional information on the status of the water line easements.
CLEVENGER/PETERSON MOVED TO ACCEPT STAFF REPORT AND DIRECT STAFF TO
TAKE APPROPRIATE ACTION TO ENSURE COMPLIANCE WITH CONDITIONS OF
APPROVAL AND THE CITY CODE. Passed 5-0.
9. CITY COUNCIL ITEMS:
A. Reports from Individual Councilmembers
Councilmember Stutzman reported on the recent meeting of the Environmental Committee of the
League of California Cities.
MEETING OF THE CITY COUNCIL Page 6
.1ULY 5, 1989
CITY COUNCIL ITEMS Continued
Mayor Anderson - Consideration rezoning Forest Hills Dr. from R-l-10,000 to R-l-15,000; a map
of the area was presented and the history of this area was reviewed. She was concerned regarding
the density that may be requested on Forest Hills Dr.
The City Manager reviewed the procedures required to accormnodate a rezoning.
Councilmember Clevenger agreed with Mayor Anderson but felt that the City Manager's alternative
for aeeompl/shing this rezoning was preferred' she asked that a report be prepared regarding costs
and staff time involved if the City initiated the 'request for a rezoning.
Mayor Anderson requested consideration of a request for alternative hours of watering.
She reported on a recent Transportation 2000 Meeting where a draft resolution on a transportation
initiative was considered. Councilmember Moyles suggested additional information be compiled.
Consensus reached that item be referred to Mr. Jim Beale.
The City Manager called attention to letters received after posting the agenda; due to the Council's
summer schedule, he asked that these item be heard at this time.
Letter of Hakone Foundation recommending the appointment of several new Board Members.
PETERSON/CLEVENGER MOVED TO PLACE ON THE AGENDA A REQUEST OF HAKONE
GARDENS BOARD OF TRUSTEES TO APPOINT NEW BOARD MEMBERS-/~ssed 5-0.
CLEVENGER/MOY[Y3 MOVED TO ACCEPT THE RECOMMENDATION OF THE HAKONE
GARDENS BOARD OF TRUSTEES, APPOINTING NEW BOARD MEMBERS. Passed 5-0.
Letter of Mr. Henry Yamate, Trustee, Hakone Gardens, regarding a grant.
CLEVENGER/STUTZMAN MOVED TO PLACE ON THE AGENDA A REQUEST REGARD-
ING GRANT FUNDING. Passed 5-0.
City Manager reviewed the proposed arrangement of the grant funds and the management thereoL
MOYLES/ANDERSON MOVED TO INSTRUCT THE CITY ATTORNEY TO PREPARE A
DRAFF AGREEMENT BETWEEN HAKONE FOUNDATION AND THE CITY ON THE
TRANSFER AND DISPOSITION OF THE GRANT FUNDS, AGREEMENT TO BE PRE-
SENTED TO HAKONE FOUNDATION. Passed 5-0.
B. Council Reorganization and Resolution appointing Council representatives to agencies
The City Clerk. asked that the record reflect that the position of Mayor of the City of Saratoga
w~as now vacani and nominationswere open for this position.
STUTZMEN/ANDERSON MOVED TO NOMINATE COUNCILMEMBER CLEVENGER AS
MAYOR OF THE CITY OF SARATOGA.
MOYLES/ANDERSON MOVED TO CLOSE THE NOMINATIONS. Passed 5-0.
The City Manager called for a vote on the Motion nominating Councilmember Clevenger as Mayor.
Passed 5-0.
ANDERSON/MOYLES MOVED TO NOMINATE COUNCILMEMBER STUTZMAN AS VICE
MAYOR OF THE CITY OF SARATOGA.
MOYLES/ANDERSON MOVED TO CLOSE THE NOMINATIONS. Passed 5-0.
Mayor Clevenger called for a vote nominating Councilmember Stutzman as Vice Mayor.
Passed 5-0.
Appointments of Council Representatives to various committees and agencies.
Councilmember
Association of Bay Area Governments Peterson
Community Access TV Board Anderson
County HCD Policy Committee Stutzman
MEETING OF THE CITY COUNCIL Page 7
JULY 5, 1989
CITY COUNCIL ITEMS Continued
Appointments of Council Representatives to various committees and agencies Continued
County Transportation Commission Anderson
Hakone Foundation Liaison Moyles
Inter-City Council Peterson (Stutzman, Alternate)
Intergovemmental Council Clevenger (Stutzman, Alternate)
No. Cent. Flood Control Advisory Board Stutzman (City Engineer, Alternate)
Peninsula Division, League of California Cities Clevenger (Stutzman, Alternate)
,, Rt. 85 Aesthetics Review Committee No representative appointed at this time
Santa Clara Valley Water District Anderson (City Engineer, Alternate)
Sister City Liaison Peterson
Traffic Authority Policy Advisory Board Anderson
SASCC Liaison Clevenger
West Valle Sanitation Distric leven er
ANDERSONfMOYLES MOVED TO ADOPT RESOLUTION 2586 APPOINTING COUNCIL
REPRESENTATIVES TO VARIOUS COMMITTEES AND AGENCIES. Passed 5-0.
ADJOURNMENT:
The City Manager asked that Settlement of Condemnation Actions for Parking District No. 3 be
added to the Closed Session agenda.
PETERSON/ANDERSON MOVED TO ADD SETTLEMENT OF CONDEMNATION ACTIONS
FOR PARKING DISTRICT NO. 3 TO THE CLOSED SESSION AGENDA. Passed 5-0.
TheMeeting of the City Council was adjourned at 10:30 P.M. to Closed Session on Negotiations
with Saratoga Employees Association, Recruitment of City Engineer and Settlement of Condem-
nation Actions for Parking District No. 3
Respectfully submitted,
Carol A. Probst-Caughey