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HomeMy WebLinkAbout01-03-1990 City Council Minutes SARATOGA CITY COUNCIL TIME: Wednesday, January 3, 1990 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting 1. ROLL CALL Councilmembers Anderson, Peterson, Moyles, Stutzman and Mayor Clevenger present at 7:30 p.m. 2. CEREMONIAL ITEMS A. Resolution commending Glen Douglas for service on Finance Advisor~ Committee Mayor Clevenger read and presented a Resolution of Commendation to Mr. Douglas and thanked him for his service on the Finance Advisory Committee. PETERSON/MOYLES MOVED TO ADOPT RESOLUTION ~.617..CO~MENDING GLEN' DOUGLAS. Passed 5-0. B. Resolution appointing Edward Yang and reappointing Henry Murakami to Finance Committee STUTZMAN/ANDERSON MOVED TO ADOPT RESOLUTION 2618 APPOINTING HENRY MURAKAMI AND EDWARD YANG TO THE FINANCE COMMITTEE. Passed 5-0. C. Administration of Oath of Office to above Mayor Clevenger welcomed and administered the Oath of Office to Mr. Yang. She thanked him for his willingness to serve on the Committee. Mr. Murakami was absent and will be sworn into office at a later date. D. Resolution commending Roy Swanson for service .as Parks and Buildings Maintenance Superintendent PETERSON/MOYLES MOVED TO ADOPT RESOLUTION 2619 COMMENDING ROY SWANSON. Passed 5-0. Mayor Clevenger read and presented a Resolution of Appreciation to Mr. Swanson. She thanked him for him many years of dedicated, public service to the City of Saratoga and presented him with a gift. Mr. Brian Allen, on behalf of the Santa Clara County Council of Boy Scouts, in particular the scouts of Saratoga, presented the Council's Eagle Plaque to Mr. Swanson in gratitude for his years of guidance and assistance. 3. ROUTINE MATTERS A. Approval of Minutes - 12/20 Councilmember Anderson pointed out that paragraph under item 8a on Page 3,. and paragraph 12 on Page 4 should reference Mr. "Kurt" Anderson. Councilmember Stutzman deleted the words ". . for extermination." from paragraph 5 on Page 9 and amended the same sentence to read:.". passed resolutions which were under consideration." MOYLES/ANDERSON MOVED TO APPROVE THE MINUTES OF 12/20/89 AS AMENDED. Passed 5-0. A. Approval of Warrant List PETERSON/STUTZMAN MOVED TO APPROVE WARRANT LIST. Passed 5-0. B. Report of City clerk on Posting of Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on December 29. 4. CONSENT CALENDAR A. Plannlng Commission Actions, 12/27 ~ None; meeting cancelled. City Council Minutes 2 January 3, 1990 B. Public Safety Commission Minutes, 12/11 - Noted and filed. C. Heritage Preservation Commission Minutes, 11/15 - Noted and filed. D. Authorization of Special Events Permit to Rotary Club of Los Gatos for "Great Race,, footrace on January 21, 1990 E. Resolution 2575.10 increasing appropriations for civic Theatre Roof Repairs ' MOYLES/ANDERSON MOVED APPROVAL OF CONSENT CALENDAR. Passed 5-0. 5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. Oral;Communications [ Donald Macrae, 20679 Reid Lane, addressed the Council to express concern with the development of the City of Saratoga and desecration of natural resources and hillsides. He encouraged the Council to take'a strong stand against those who break the laws, thus hurting the community and making Saratoga a less desirable place to live. Mayor Clevenger assured Mr. Macrae that the Council shares his concerns and is committed to having the hillside area returned to its original state. Charles Grens, 13451 Old Oak Way, distributed photograph~ taken on January 2, 1990 of construction and excavation at the end of Old Oak Way. He questioned whether a variance has been granted for a 15 foot, aggregate height sections, retaining wall. He read a portion of the City Code which references 10 feet as the allowable height for retaining walls. He expressed concern that no winterizing has taken place in the area. Mr. Steve Emslie, Planning Director, acknowledged that Mr. Grens had requested information on the above-mentioned. He stated that he had indicated to Mr. Grens that the information would be researched and that information regarding retaining walls would!be made available to him by 'the end of the week. Mr. William H. Peretti, 13485 Old Oak Way, voiced concern regarding the excessive cutting down of trees on Chadwick Place. Regarding another issue, he focused his main comments on the City's written promise, three and a half years ago, for the re-planting of his back yard. He voiced his complaint that either the developer and/or the City has attempted to cut the cost of replacement with minimal planting and requested the City to complete the project with appropriate revegetation. He requested a response by the end of January. Mr. Hal.Toppel, City Attorney, reported that approval of an overall revegetation plan is in the discussion stage with the Army Corps of Engineers (COE) and the Department of Fish and Game. He reported that there was also a request for COE approval for interim work including some planting but there has been no response. Discussion ensued regarding past correspondence in the matter and the proper 'agency of jurisdiction. Mr. Harry Peacock, City Manager, reported that he has not received response to any correspondence directed to the COE since the meeting held with COE last September 5, 19~9. Mr. Toppel indicated that. the intention isto inform the COE that the City believes the studies which have been done do not demonstrate the jurisdiction of the COE. Therefore, the City will proceed with a plan, with notification to the Department of Fish=and Game of the Plan to approval, and advising agencies of the City's intent to implement a agreeable to the property owners affected. Councilmember Moyles expressed hesitation ~t proceeding. He recalled to the Council the past history in the matter wherein Council exempted itself,from CEQA requirements, based on the emergency of the issue. He recalled that the decision to proceed led to an investigation and stoppage of work. He suggested that the community support to proceed must be properly documented before Council makes the decision to proceed. Mr. Peretti stated that he could guarantee support to proceed from owners of each of the properties through 'which the drainage project flows. =~ City Council Minutes 3 January 3, 1990 Councilmember Peterson felt a public hearing is not necessary because the neighbors have seen the plan and agree with it. He questioned why contact has not been made with someone in authority at COE as to why the City's correspondence has not received response. Councilmember Anderson felt a public hearing is necessary to indicate the certainty of the public's support to proceed. She agreed that local Congressman Tom Campbell should be contacted regarding the jurisdictional issue. Councilmember Moyles stated he would like to have the City Attorney's opinion on the jurisdictional question and if staff recommends proceeding without COE approval that a formal staff recommendation be given. He also suggested that the COE and Fish and Game be properly noticed of the public hearing so they know the City's plan to proceed and also that the entire effort in this issue be summarized and sent to Congressman Tom Campbell. CONSENSUS TO SET A PUBLIC HEARING FOR FEBRUARY 7, 1990, TO DETERMINE PUBLIC SUPPORT OF THE PLAN FOR THE CITY OF SARATOGA TO REVEGETATE OLD OAK WAY. Willem Kohler, 21842 Via Regina, reiterated his objections expressed at previous Council meetings regarding the grading at Mt. Eden Estates. He questioned why the grading is allowed to continue because there is a winter grading moratorium in affect. He stated that no variances should be granted. Mayor Clevenger reportedl that a listing of the variances granted to the development which concerns Mr. Kohler will be discussed at Council's January 23 Study Session. Mr. Peacock explained that under the general grading moratorium, no work was to be allowed after November 1, 1989. However, the work which is currently underway was given approval to commence before that time and in fact is work which the City's geologist was not satisfied with because the work was not done correctly. Therefore, further permits were issued to rectify the problem. The winterization and protection measures were put in place before the grading commenced and there are no variances involved. Mayor Clevenger proceeded to Public Hearings, since the hour of 8:00 p.m. had passed. 8. PUBLIC HEARINGS A. Resolution declaring Public Nuisance at 12501 De Sanka Ave. (Owner, Winston Chew) Mr. Todd Argow, Community Services Director, deferred to Saratoga Community Services officer, Michael Nottoli. Mr. Nottoli referred to the lengthy report included in the meeting packet and said that the problem has been on-going for ten years andscontinues to be a problem despite the amount of manpower and resources expended to have Mr. chew clean up his property. Mr. Nottoli reviewed the numerous problems directly relating to health and public safety of the community. He distributed photographs dating from 1980-1989 depicting the problem of accumulated items in various stages. He recommended that Council adopt said resolution declaring the property a public nuisance. Mr. Chew would then have until February 7, 1990, to eitherjuris clean up the property or show cause why the City should not begin abatement action for cleanup. Discussion ensued wherein Mr. Nottoli answered various questions from the Council, regarding the past court sentences, citations and fines issued, and the probation of Mr. Chew. Mayor Clevenger opened the Public Hearing at 8:30 p.m. Skip Mclaughlin, 12470 De Sanka, addressed the council to register his complaint that the nuisance continues to exist despite his requests that the property be cleaned up and despite his willingness to a~sist Mr. chew in the cleanup. Mr. Mclaughlin expressed frustration and felt the property is a health problem. He encouraged Council to adopt the resolution and set a mechanism in place to assure that the property will stay cleaned up in the future. In response to a question from Mayor Cre~enger, Mr. Toppel reported that City Council Minutes 4 January 3, 1990 the public nuisance designation would remain until the property is cleaned up. The courts could be requested to reserve jurisdiction on a continuing basis to deal with the problem if it reoccurs. Marsha Sarkisian, 12485 De Sanka, stated ~hat although it is sad and unfortunate to have to testify against a neighbor, she agreed with those comments made by Mr. Mclaughlin and said that her attempts to assist in the clean up have been rejected. Donna Bogdon, 12471 De Sanka, stated that the problem has existed since 1975 and encouraged Council to find a solution to the on-going problem. Winston Chew, 12501 De Sanka, apologized to the Council and his neighbors for his on-going habit of collecting items. He explained that" this has been a life-long habit as he does not like to see things wasted and that he has been undergoing counseling the last few years to overcome this collection habit. He said hedid not.wish to disturb his neighbors and will make every effort to cqoperate and comply with Council's directions. No one further appearing to speak, the Public Hearing was close~ at 8:43 p.m. Councilmember Anderson reported her findings from a visit to the property. She suggested Mr. Chew be given two weeks to remove those items he wished to place into a storage facility and then Council take recommended action. She felt this action necessary because in the past a fine did not solve the problem. Councilmember Stutzman agreed that a fine w~uld not solve the situation and that even if conditions are imposed he~felt the solution could not be carried out unless Mr. Chew receives considerable outside help. He felt that in addition to the recommended action, the property should be monitored and periodically abated by the City with a billing forwarded to Mr. Chew for those costs incurred. Councilmember Moyles agreed with the above statements and stated the problem is clearly a hazard, is a health and safety problem, and is an intolerable situation which must be cleaned up. He suggested that another court action is necessary against Mr. Chew, the Judge be notified that there should be a probation with on-going jurisdiction for clean up, that referral be made to proper medical authorities for treatment and that costs be recoverable. Councilmember Peterson questioned why the problem existed for so long before being brought to the Council for action. He agreed the situation is intolerable and must be cleaned up. Mayor Clevenger stated that the neighbors have been more than obliging and agreed with other Councilmember's statements and added that Council's responsibility is notto make a medical judgement but to look at the public health and safety problem present which must be addressed now and must be prevented from future occur.rence. PETERSON/ANDERSON MOVED TO ADOPT RESOLUTION 2620 DECLARING A PUBLIC NUISANCE TO EXIST UPON THE PROPERTY LOCATED AT 12501 DE SANKA AVENUE. Passed 5-0. Mayor Clevenger encouraged Mr. Chew to obtain a copy of the resolution passed as it explains the Council's direction. Mr. Toppel reported that staff will be working with Mr. Chew on the problem. B. Resolution establishing Schedule Of Fees pursuant to saratoga City Code Mr. Peacock reviewed the matter noting that Council last adopted its comprehensive resolution of fees and charges for various services on October 1986. Mr. Peacock read, verbatim, changes to the resolution. Mayor Clevenger opened the Public Hearing at 8:55 p.m. Jeffrey B. JohnS, 42 Central Avenue, Los Gat0S, Legislative Advocate for Los Gatos Saratoga Board of Realtors, expressed opposition to the high City Council Minutes 5 January 3, 1990 building permit research fee. He felt tha'~ the research is required as a reasonable investigation by realtors and provides assurance that all work done on any given property is legal and permitted by the City. He felt Saratoga's research fee should be lowered to an amount that would recover costs but would not be prohibitive. He recommended the fee be $10.00. He distributed a survey of research fees charged by various building departments in the County depicting the average of Saratoga's fee as $35.00 over others. Frank Patton, 1284 Carniel, a realtor, stated although realtors are willing to pay for the building permit research fee, $10.00 is a more reasonable fee than is $45.00. He requested that Council consider working with the public and fairly charge for these services. No one further appearing to speak, the Public Hearing was closed at 9:00 p.m. Councilmember Anderson said she has always felt the fee was too high. She expressed concern that the public must first fill out a form for the service and return another day to pick up the information. She felt Saratoga staff should provide a service comparable to that ~of other cities and said the high fee-may discourage the public from obtaining the permit research. Mr. Peacock stated that Council can set this fee at whatever amount it wishes as long as the fee does not exceed the cost of normally providing the service. He pointed out the many factors involved in the creating, storage, maintenance, retrieval, reproduction, etc. of records. The fee is based upon the amount of time to complete an average search and includes all indirect and overhead costs. The time involved in the research depends upon how old the home is, how many records must be researched, where the records are stored, etc. In response to a question from Mayor Clevenger, Mr. Peacock reported that many of the files have been microfilmed and that a computerized system for tracking records is being implemented which will allow for faster retrieval. Councilmember Stutzman felt that Mr. Peacock has done research to substantiate the recommended cost and' felt the costs must be recoverable. He supported a $35.00 fee as a non-excessive cost. Councilmember Anderson felt that the City should encourage the public to do the permit research and that the fee should be a $10.00 minimum. She felt that the $35.00 per hour fee should be applied only if extensive research is required and that $45.00 fee is excessive. Councilmember Moyles felt the average charge of those entities that do charge is $25.00 and recommended same. Councilmember Peterson felt $35.00 is a proper fee. Mayor Clevenger felt $25.00 is a proper fee. CLEVENGER/PETERSON MOVED TO ADOPT A $25.00 MINIMUM FEE FOR RECORDS RESEARCH OR $35.00 PER HOUR IF RESEARCH REQUIRES ONE HOUR TO COMPLETE. Passed 4-1 (Anderson voted no). PETERSON/ANDERSON MOVED ADOPTION OF RESOLUTION 2621 ESTABLISHING A SCHEDULE OF FEES, AS AMENDED. Passed 5-0. B. Written Communications 1) Leslie R. White, City Manager, City of San Jose, inviting Saratoga to co-sponsor environmental conference on June 14. CONSENSUS TO DIRECT STAFF TO COMMUNICATE CITY'S AGREEMENT TO CO- SPONSOR. Councilmember Anderson left the Council Chambers at 9:15 p.m. 2) Rod Diridon, Chair, santa clara county Board of supervisors, inviting Saratoga to become Affiliate Member of Technology Center. City Council Minutes 6 January 3, 1990 CONSENSUS TO CONTRIBUTE $1.00 PER EMPLOYEE.ANNUALLY. Councilmember Anderson returned at 9:20 p.m. 3) Mrs. Nicholas 8heridon, 19285 Brockton Lane, requesting information about Landscaping and Lighting Districts. Amy Sheridon, on behalf of Mrs. Nicholas Sheridon, addressed the Council to request consideration be given to landscape maintenance along the Cox area bordering Prides Crossing. She felt there is strong consensus in the neighborhood to have this done. Ms. Sheridon agreed to obtain a petition requesting addition of the area mentioned above in th~ Landscaping and Lighting Districts. Mr. Peacock reported that last year Council agreed to a system~i~ examination of areas to include in the Landscaping and Lighting. Districts and recommended that Ms. Sheridon deliver the petition to staff by mid-February for consideration. CONSENSUS TO DIRECT STAFF TO PROVIDE CQST ANALYSIS FOR THE AREA MENTIONED. 6. OLD BUSINESS A. Resolution upholding decisionl of Planning commission concerning Nieman appeal of Dymand lot line adjustment, design review and variance heard 11/1, 11/15 and 12/20 Mr. Doug Adams, Attorney for Bernard and ~uanne Nieman, reviewed the background regarding council's voting record in the matter. He stated his opinion that when the majority of the Council votes for a complete change in what they voted on'before, without notice to the party involved, it is absolutely improper. He ~equested an opportunity to present his client's point of view as he felt his client's right to speak had been denied. He reportedon conversations with Melanie Chase, County Fire Marshall's Office, and with Fire Chief Ernie Kraule regarding the need for permanent access for entering the Dymand property for safety reasons. He recounted information he obtained regarding the County weed abatement program with herbicides and weed eaters and stated his opinion that those alternatives could not be considered a solution to the health and safety needs in this matter. Councilmember Anderson stated that she did ~not appreciate the fact that the Niemans did not know there was a possibility there would be an opportunity for someone to speak on the issue and that the issue was on the agenda. She stated it is her understanding that all parties to public hearings are noticed. She felt that because the new Brown Act rules state that anyone can speak to any item on the agenda, that the parties involved should receive notice. She favored Council agendizin9 the item once more and stated requested Fire Chief Kraule's attendance because the safety issue is under consideration. Mayor Clevenger agreed that, in this case, the process seems not to have worked. She was not sure if another public hearing would accomplish anything because there is nothing new to be heard. Councilmember Stutzman disagreed and felt that because the fire department has indicated they will not cross over the property if the owner does not allow, that it poses a threat for safety reasons. He stated he was distressed that the Niemans were not present and were not represented at the December 20 Council Meeting and were not aware of the change made by CounCil. He felt it was not a democratic way to proceed and that the matter should be re-opened .and re-heard with everyone present. Councilmember Moyles stated that he too felt it was unusual. However, since he hadn't changed any of his original'views he did not feel he was engaged in .a reversal. He stated he is still comfortable with his judgment that there are other ways to deal with the problem that do not require an easement. Mayor Clevenger suggested and there was CONSENSUS THAT RATHER THAN HAVE ANOTHER PUBLIC HEARING, THE ISSUE BE BROUGHT BACK AS OLD BUSINESS TO HEAR MRS. FANELLI, THE APPLICANT'S REPRESENTATIVE, AND MR. ADAMS, THE APPELLANT'S REPRESENTATIVE, ON FEBRUARY 7, 1990 PER MR. ADAM'S REQUEST. City Council Minutes 7 January 3, 1990 Mr. Peacock stated he Will notify b~th parties when the item is on the agenda. Mr. Peacock suggested that the Council adopt a policy so that at the end of the public hearing Council would instruct the City Attorney to prepare a resolution and said resolution would be brought back to Council for final determination two weeks from that date. In that manner, everyone will know there will be a final vote. That final vote will be documented on the resolution. He pointed out that other cities proceed in this manner and that this method avoids the kind of problem under discussion this evening. In defense of the Council, Mr. Peacock pointed out to Mr. Adams that, until the meeting of December 20, there was no indication to the Council that there would be a request for reconsideration and, in fact, there was no way of notifying anyone of that. He pointed out that since the resolution was on the agenda, the Niemans should have been present if they were .interested in Council's vote. Mayor Clevenger suggested that Council consider the procedure as reported on by Mr. Peacock. Councilmember Anderson suggested that, until another plan is agreed upon, an announcement be made at each public hearing regarding the Brown Act rule which allows anyone to speak to any issue on the agenda. In response to a question from Councilmember Anderson, Mr. Peacock stated that the Fire Chief from the area of jurisdiction wfll be requested to be present at the February 7 Council meeting. B. Resolution reversing decision of Planning commission concerning Velinsky appeal heard 12/20 Councilmember Peterson suggested that the resolution be amended on Page 2, item 3c, to include reference that if it is found that the new survey meets all standards, no further action is required on the part of the Velinskys for approval to proceed. Mr. Peacock agreed that it could be included. He gave a brief status report on the City's effort to retain a surveyor. PETERSON/ANDERSON MOVED TO ADOPT RESOLUTION 2622 AS AMENDED, REVERSING A DECISION OF THE PLANNING COMMISSION. Passed 5-0. C. Resolution upholding decision of Planning Commission concerning Nader appeal of Cashin sign program heard 12/20 MOYLES/PETERSON MOVED TO ADOPT RESOLUTION 2623 UPHOLDING A DECISION OF THE PLANNING COMMISSION. Passed 5-0. D. Resolution amending budget for IGC, Earth Day and Santa Clara- County Cities Association MOYLES/ANDERSON MOVED TO ADOPT RESOLUTION 2575.11 INCREASING APPROPRIATIONS AND AMENDING THE F.Y. 1990 BUDGET. Passed 5-0. 7. NEW BUSINESS A. Authorization of Publicity for Upcoming Hearings - Hennessy Appeal of Emami Map; Cocciardi/Chadwick Hearing; Pavement Management Report PETERSON/MOYLES MOVED TO APROVE STAFF RECOMMENDATION FOR PUBLICITY. Passed 5-0. B. Issues to be decided for June 1990 Election PETERSON/MOYLES MOVED TO APPROVE STAFF RECOMMENDATION FOR 400-WORD LIMIT FOR CANDIDATE STATEMENT AND ADVANCE PAYMENT FOR STATEMENT. Passed 5- 0. 9. CITY COUNCIL ITEM8 A. Reports from Individual Councilmembers Clevenger - Reported that Mrs. Virginia Fanelli is arranging for the person who conducted the Paul Masson property'marketing survey to come City Council Minutes 8 January 3, 1990 next.Tuesday at 6:30 p.m. to answer any questions from the Planning Commission and the City Council. Mayor Clevenger encouraged attendance by all Council members. Moyles - Reported he will attend a meeting on Friday with San Jose Councilmember Jim Beall and Town of Los Gatos Councilmember Joanne Benjamin, to discuss the Winchester/Bascom~Avenue issue. Anderson - Reported on a meeting held DeCember 26 on the Congestion Management Agency Process. After discussions at that meeting between the Executive Committee of the Transportation Commission and the Golden Triangle Task Force, there was consensus that there should be a policy advisory board which would meet regularly to inform the cities on all issues. She reported on the voting process which was discussed at length at that meeting. ~ ~Councilmember Moyles voiced his opinion that he would like to have Saratoga's views regarding congestion management be directed through the Santa Clara County Cities Association. Peterson - Reported on the gala fundraiser to be held March 10,' 1990 for a "Say Goodbye to the Champagne Cellars". The Committee hopes to raise between $5,000 and $10,000 for city-wide projects. Anderson - Reported the Santa Clara Valley Water District will hold discussions regarding the possible reinstatement of the 25% water conservation effort. She suggested Mayor Clevenger contadt Director Len~han to express Saratoga's concerns regarding that issue. 10. ADJOURNMENT tO closed session on potential litigation: A. Draft Environmental Impact Report for E1 Paseo Redevelopment prepared by City of San Jose B. Illegal grading, clearing and tree removal on Cocciardi/Chadwick development, Tr. 7770 C. Parking District #3 - Direct City Manager and legaI counsel on offer to make at mandatory: settlement conferences in Rosenfeld Condemnation Action (Parcel 6) and Masek Condemnation Action (Parcel 7) Res ectfully submitted, Ld Victoria R. in eman Minutes Clerk