HomeMy WebLinkAbout01-17-1990 City Council Minutes MINUTES
SARATOGA CITY COUNCIL
TIME: Wednesday, J~nuary 17, 1990 - 7:30 p.m.
PLACE: Civic Theater, 13777 Fruitvale Ave.
TYPE: Regular Meeting
1. ROLL CALL
Councilmembers Anderson, Peterson, Stutzman and Mayor Clevenger present
at 7:30 p.m. Councilmember Moyles arrived at 7:45 p.m. as noted below.
2. CEREMONIAL ITEMS.- None.
3. ROUTINE MATTERS
A. Approval of Minutes - 1/3, 1/9
Councilmember Anderson amended sentence 2 of paragraph 2 under item 6A
on Page 6 to read: ". .it is her understanding that all parties to
public hearings are noticed."
ANDERSON/PETERSON MOVED TO APPROVE THE MINUTES OF 1/3/90 AS AMENDED.
Passed 4-0 (Moyles absent).
PETERSON/STUTZMAN MOVED TO APPROVE THE MINUTES OF 1/9/90 AS SUBMITTED.
Passed 4-0 (Moyles absent).
B. Approval of Warrant List
ANDERSON/PETERSON MOVED TO APPROVE WARRANT LIST. Passed 4-0 (Moyles
absent).
C. Report of city Clerk on Posting of Agenda
Pursuant to Government Code 54954.2, the agenda for this meeting was
properly posted on January 12.
4. CONSENT CALENDAR
A. Planning Commission Actions, 1/10 - Noted and filed.
B. Heritage Preservation commission Minutes, 12/6 - Noted and
filed.
C. Finance committee Minutes, 1/10 ~ Noted and filed.
D. Authorization for Recreation Directoras Attendance at League of
California cities community Services Conference, April 8~10, in
Newport Beach, with reasonable and necessary expenses.
E. Approval of Agreements with Safety Specialists and Cities of
Monte Sereno, Campbell, and Los Gatos and Santa clara County in
connection with Household Hazardous Waste Drop-off Day on March
10, 1990.
F. Approval of TDA Project Application for Saratoga Avenue
Sidewalk.
G. Investment Reports - Oct, NOV., Dec.
H. Treasureras Reports - Oct., Nov., Dec.
I. Financial Transaction Reports - oct., Nov., Dec.
J. Approval of Amendment to Current Handicapped Access Project to
expend Balance remaining in Current Project Funds for
Handicapped-Approved Toilets in Senior Center Restrooms.
K. Granting of Easement to Pacific Bell for cabinet on city
City Council Minutes ~ 2 January 17, 1990
property at southeasterly corner of Oak St. and Saratoga-Los
Gatos Rd. in connection with Underground Utility District
L. Proclamations c~mmending Armed Services Earthquake Relief
Efforts requested by Supervisor McKenna.
· PETERSON/STUTZMAN MOVED ~APPROVAL OF CONSENT CALENDAR WITH EXCEPTION OF
ITEM E. WHICH WAS PULLED BY MAYOR CLEVENGER. Passed 4-0 (Moyles
absent).
E. Resolutions Appr~ving Agreements with Safety Specialists and
Cities of Monte Sereno, Campbell,.and Los Gatos and Santa clara
County in connection with Household Hazardous Waste Dropoff Day
on March 10, 1990.
In response to a questio~ from Mayor Clevenger regarding why Saratoga's
collection is scheduled in March when the report indicates the best
time for this is the spr~ng (April to June), Mr. Todd Argow, Director
of Communi%y Services, reported that the City will obtain a better
price from the contractor by conducting the collection on March 10.
CLEVENGER/PETERSON MOVED!TO ADOPT RESOLUTION NO.'2624 AUTHORIZING
EXECUTION OF AN AGREEMENT WITH SAFETY SPECIALISTS, INC. FOR HOUSEHOLD
HAZARDOUS WASTE COLLECTION SERVICES. Passed 4-0 (Moyles absent).
CLEVENGER/PETERSON MOVED;TO ADOPT RESOLUTION NO. 2625 AUTHORIZING
EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF CAMPBELL, TOWN OF LOS
GATOS, CITY OF MONTE SERENO, CITY OF SARATOGA AND COUNTY OF SANTA
CLARA, SPECIFYING TERMS AND CONDITIONS OF PARTICIPATION IN A HOUSEHOLD
HAZARDOUS WASTE COLLECTION PROGRAM. Passed 4-0 (Moyles absent).
Mayor Clevenger announced that on March 10, the public can take waste
items (such aS old paint,I used oil, pesticides, etc., which are not
allowed in the regular garbage pick up) to the Campbell Community
Center for proper disposal. Mr. Argow reported that beginning in
February, the curbside r~cycling program will begin collecting waste
oil.
CONSENT CALBNDAR II CLAIMS
A. Claim of Nelson ~egarding auto bumper damage due to spike from
parking bumper.
PETERSON/ANDERSON MOVED TO DENY CLAIM. Passed 4-0 (Moyles absent).
5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC
A. ORAL COMMUNICATIONS
Wanda A~exander, Ravine ROad, Coalition for Hillside Protection, stated
her opinion that the velinsky application and permit for variance is
based on faulty informati6n and requested that the permit in process be
e d!
denied, suspended or h 1 in abeyance for further study and
investigation. -She gave teasons whyShe believes an EIR is required
and submitted a formal written request asking that Council act on the
matter immediately.
In response to a request from Mayor Clevenger for a clarification, Mr.
Hal Toppel, City AttOrney3 reported that a single-family residence is
categorically exempt from~an EIR and added that the time to raise that
issue has long,since expired. Mr. Toppel stated there was ample
opportunity for anyone to~present evidence in the matter, that Council
has rendered a decision, ~nd the Resolution has been adopted. Mr.
Toppel said he has not seen information that would constitute a legal
basis for Council to reopen the approval already granted.
(Clerk's note: Councilmember Moyles arrived at 7:45 p.m.)
C S
Discussion ensued r ga dlng onditlon under which Council could
e r
City Council Minutes ! 3 January 17, 1990
reconsider the matter.
Vic Monia, Granite Way, requested that CounCil or staff investigate a
potential traffic safety problem southbound on Fruitvale at Burgundy.
He explained because of the unique topography, which causes a blind
spot, it is almost impossible to see a sign that the road narrows from
two to one lane. In response to a suggestion from Mr. Monia, Mr. Harry
Peacock, City Manager, stated that as a normal practice staff will
investigate and refer the matter to the Public Safety Commission.
Councilmember Anderson expressed concern with the situation and stated
she would like to see a solution as quickly as possible if it is a
dangerous situation. Councilmember Stutzman agreed that a safety
problem exists.
Ted Rowland, complimented Saratoga on the beautiful work done on Big
Basin Way through downtown. In response to a concern from Mr. Rowland,
Mr. Peacock reported that Caltrans will be completing permanent street
marking and striping on Big Basin Way next week. He said if the area
which Mr. Rowland is concerned with (30 feet of curb from the corner of
4th street) is not painted red by Caltrans the City would make sure it
is done.
B. WRITTEN COMMUNICATIONS
1. Virginia L. Fanelli, 1175 Saratoga Ave., suite 17, San
Jose CA 95129, agent for Mr. D~mand requesting
postponement of consideration of resolution concerning
Neiman appeal of D~mand project from February 7 to
February 21. (clerk,s Note: Mr. Adams, the Neimans,
agent, has agreed to the postponement.)
Mayor Clevenger continued the item to February 21, 1990 to be heard
under Old Business.
2. Diane MoKenna, County Supervisor, 5th District, requesting
support for amendments to AB939 (extend timeline for
revisions of county solid Waste Management Plans)
CONSENSUS TO RESPOND IN SUPPORT OF THE AMENDMENTS AS PROPOSED.
3. A1 King, 21201 Sullivan Way, objecting to restrictions
placed on expanding and building of residences.
Councilmember Anderson pointed out that Mr. King also brought up the
point about basements which was not responded to in the proposed reply.
CONSENSUS TO DIRECT STAFF TO SEND REPLY PREPARED BY PLANNING DIRECTOR,
INCLUDING RESPONSE REGARDING BASEMENTS.
4. LaWrence H. Hogue, 13282 Glen Brae Dr., requesting traffic
signal at corner of Quito and McCoy.
Mr. Peacock reported that the traffic signal is priority no. 45 on the
State Warrant List and that unless Saratoga approaches the City of San
Jose regarding the possibility of joint-funding for signalization of
this intersection, that it will not occur before 1995.
CONSENSUS TO DIRECT STAFF TO INVESTIGATE REQUEST AND PREPARE PROPOSAL
AS PART OF DRAFT CAPITAL IMPROVEMENT PROGRAM FOR FY 1990-1995 TO BE
CONSIDERED IN MAY 1990; AND RESPOND TO MR. HOGUE.
5. Barrett Moore, 14133 Sobey Rd., resigning from Library
Commission.
CONSENSUS TO ACCEPT RESIGNATION IN ACCORDANCE WITH STATE LAW.
Mayor Clevenger noted that Notice of Vacancy has been posted and
invited interested parties to apply for the vacancy. Mr. Peacock
reported that a resolution will be prepared for Ms. Moore in
City Councii Minutes 4 January 17, 1990
appreciation for her services on the Commission.
6. OLD BUSINESS
A. Resolution accepting Certain Real Property on Behalf of the
City (Warner Hutton House)
Mayor Clevenger reported the Warner Hutton House has been restored and
will be placed on City property and will be utilized as part of the
City Hall complex.
PETERSON/ANDERSON MOVED TO ADOPT RESOLUTION NO. 2626, A RESOLUTION OF
THE CITY OF SARATOGA ACCEPTING CERTAIN REAL PROPERTY ON BEHALF OF THE
CITY, WARNER HUTTON HOUSE. Passed 5-0.
7. NEW BUSINESS
A. Annual Review of City Investment Polioy
Mr. Peacock reported that the Finance Committee reviewed the Investment
Policy and recommended,adoption.
Mayor Clevenger pointed out the importance of the Finance Committee's
review of the PoliCy and gave a vote of confidence to same.
STUTZMAN/ANDERSON MOVED APPROVAL OF THE INVESTMENT POLICY OF THE CITY
OF SARATOGA IN ACCORDANCE WITH THE PROVISIONS OF SECTION 53646 OF THE
GOVERNMENT CODE. Passed 5-0.
B. Resolutions required for 1990 Regular Municipal Election
STUTZMAN/ANDERSON MOVED ADOPTION OF RESOLUTION NO. 2627, A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SARATOGA CONFIRMING DECISIONS ON
CANDIDATE'S STATEMENTS FOR JUNE 1990 MUNICIPAL ELECTION. Passed 5-0.
MOYLES/ANDERSON MOVED ADOPTION OF RESOLUTION NO. 2628, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SARATOGA ORDERING AND CALLING A GENERAL
MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SARATOGA ON JUNE 5, 1990;
REQUESTING THE SERVICES OF THE REGISTRAR OF VOTERS; REQUESTING
CONSOLIDATION OF ELECTIONS AND SPECIFYING CERTAIN PROCEDURES FOR THE
CONSOLIDATED ELECTION; AND PROVIDING FOR GIVING NOTICE OF THE ELECTION.
Passed 5-0.
Mayor Clevenger moved the agenda to Public Hearings, since the hour of
8:00 p.m. had passed.
8. PUBLIC HEARINGS
A. Adoption of a resolution declaring certain property to be a
public nuisance, ordering the abatement thereof and fixing a
time and place for hearing any objections by the property
owners to the abatement order - Certain lots within Tract 7770
and certain property located adjaoent to said tract (extensions
of Old Oak Way and Chiquita Way).
Because ofpossiSle conflict of interest,~ Councilmember Peterson
stepped down'for the hearing of this item and abstained from voting.
Mr. Peterson said he had several suggestions to present to Council
which could prevent similar situations from occurring..
Following an opinion given by the City Attorney regarding the legality
of comments which'could be made by Mr. Peterson, Mr'. Peterson suggested
the.following: 1) that council consider final map approval after
improvements are completed as a disincentive to others; 2) that the
ranguage in the City's tree ordinance be strengthened especially as it
relates to the costs of replacing oak trees; and 3) that Council review
the possibility of increasing the fees for more inspections of hillside
developments.
Mr. Peacock stated the reason for th~ Public Hearing is for a
City Council Minutes 5 Januar~17, 1990
determination from council if a public nuisance exists on and around
the Chadwick/Cocciardi subdivision; ordering the abatement of, and
fixing a time and place for a hearing on any objections by the property
owners (should Council decide to proceed).
Staff's recommendation is that Council review the violations, accept
public testimony and adopt a resolution declaring the Tract 7770 and
surrounding lands to be a public nuisance.
Mr. Toppel gave a detailed account of the matter up to this point in
time. He described, in detail, the legal proceedings separate and
apart from the proceedings Council is considering this evening and gave~
a complete overview of litigation already commenced by both parties.
Mr. Toppel clarified that tonight's hearing is not a noticed Public
Hearing and that if Council makes the determination, the property owner
will receive notice of the declaration that a public nuisance exists.
They will have an opportunity to protest at a subsequent Public
Hearing.
In response to Councilmember Anderson's reference to the allegations
regarding improper proceedings in a letter received tonight from Mr.
Robert Morton, representing Mr. and Mrs. Cocciardi, Mr. Toppel verified
that Council is proceeding in accordance with the City Code.
Mr. Joseph Oncay, Chief Building.Inspector, presented a series of
aerial photographs on. the overhead projector depicting the area during
the summer of 1988 before work commenced and again at the end of
November 1989 after the Stop Work Order was issued. In addition, Mr.
Oncay distributed colored photographs of the site depicting the damage
done. He pointed out those areas of approved activity in the
subdivision including landslide repair and road construction and
pointed out illegal grading, illegal surface vegetation removal, and
illegal tree removal of ordinance size trees. He reported that lots 4,
5, and 6 showed no violations and that lots 7 and 8 have violations of
only surface vegetation removal.
Mr. Oncay also pointed out the areas outside the subdivision boundary
line: Mr. Wong's and Mr. Cocciardi's properties, in the Williamson
Act, where there was substantial excavation and soil fill.
Mr. Toppel stated that staff will be reporting back to the Council in
stages regarding a detailed restoration plan after full assessment of
the damage is made.
Mr. Steve Emslie, Planning Director, recited various subdivision
conditions which were part of the original approvals for Tract 7770,
and various conditions set forth as mitigating measures in the EIR
which have been violated. He reviewed those violations in detail.
Mr. Peacoc~ said that seaff believes all evidence presented clearly
indicates the conditions read by Mr. Emslie have not been complied with
regard to Assessor's Parcel #503-12-024 and the Open Space Preserve
owned by Mr. and Mrs. Cocciardi.
Mayor Clevenger opened the Public Hearing at 8:52 p.m. She encouraged
the public to only address the issue of whether or not a public
nuisance exists on the property in question.
Hal Hodges, 19875 Park Drive, stated it is almost obscene to have to be
here tonight; that the people of Saratoga are defied by ~ handful of
people who have not only shamelessly assaulted the environment and the
City Codes but have taken on the general will of the public. He said
this matter sets an incredibly dangerous precedent and urged the City
Council to move immediately, decisively and that this be made an issue
that will never be raised again. He recommended this property be
declared a public nuisance.
Janice Skinner, Chiquita Way, reported that 3 inches o~ mud_running
down her street this weekend; construction trucks and noise at 1:00
a.m.; four-wheel drive vehicles and motorcycles trespassing, all
City Council Minutes 6 January17, 1990
present a public nuisance. She stated her opinion the City has not
protected the rights of residents and recalled her conversations with
City staff wherein she voiced concerns (based on Mr. Cocciardi's past
record) on the first day the activity started, regarding the absence of
monitoring of the work being done on the hillside. She felt the City
of Saratoga must take full responsibility for what has happened and
felt there should be an investigation as to whether the City is
corrupt.
Wi.llem Kohler, 24842 Via Regina, presented a petition of 1,099
signatures from Saratoga residents appalled by the destruction of the
hillsides, demanding strict enforcement of all regulations pertaining
to hillside development and the imposition of maximum penalties on
those who are in
violation. He expressed great concern that Council and the Planning
Commission have allowed numerous variances.
Phillip Williams, owner of lot 3 in Tract 7770, reported-that he and
his wife have placed themselves in financial liability to purchase said
lot. Because he and his wife are not the perpetrators in this
situation, he requested that lot 3 be removed from th~ Public Nuisance
resolution. He said that he was informed two trees had been removed
and that his landscape design shows he plans to plant 12 new trees. He
reported that when the property was purchased on August 30, the
situation was explained away as part of landslide repair.
Virginia Fanelli, 1175 Saratoga Avenue, San Jose, representing Mr.
Chadwick, requested removal of Mr. Chadwick's lots 4,5,6,7, and 8 from
the declaration of Public Nuisance, based on staff's report of 1/17/90
which reports no violations on lots 4, 5, and 6, and lots 7, and 8 with
only a surface vegetation removal violation. She stated Mr. Chadwick
has.been e~tremely cooperative and has complied with the City's
directions for erosion control. She pointed out the statement (in the
meeting packet) from Mr. Cocciardi which indicates Mr. Chadwick had no
part in or knowledge Of the grading and tree removal being done,on the
Cocciardi properties. She requested that Mr. Chadwick be allowed to
proceed with the development of his lots when all requirements have
been met per staff's determination.
In response to a question from Councilmember Anderson, Mr. Toppel
clarified that Mr. Chadwick did not respond to the City's request for
$200,000.
Alan.Chadwick, 13539 Mandarin Way, stated that because he is
cooperating with work required by the City, he should not be required
to put up a bond. He said he has been working with staff and staff
understands the situation financially.
Luanne Nieman, 13217 Padere Court, expressed he~ concern that staff did
not know what was happening on the hillside. She said if the City
doesn't know what is going on, how can the public trust what is being
told to them.
Bill Wallace, 21133 Chiquita Way, reported that during recent rains, a
hay bale was carried down his street by mud and water which clearly
demonstrates a nuisance exists. He requested answers as to how this
work could have proceeded despite all the inspections which were
suppose to have taken place.
Mr. Peacock stated that the only work currently authorized in the area
in question is erosion control, winterization and clean up work and
'pointed out the specific work authorized.
Mayor Clevenger assured Mr. Wallace the City is monitoring the area
very carefully.
Charles Grens, 13451 01d Oak Way, expressed his dislike regarding the
excavation work and the 50 foot long retaining wall at the end of Old
Oak Way. He reported the developer has addressed the erosion control
City Council Minutes 7 Janua1717, 1990
problem by placing hay on the ground. Mr. Grens feels this will not
prevent erosion from occurring and requested that the City address the
erosion control problem for the prevention of further mud flows and
siltation of. creeks. He agreed that a public nuisance exists.
Mr. Toppel reported that hay is not an erosion control measure and
that, in fact, the City requested Mr. Cocciardi to remove that hay.
Judy Jepson, 21090 Chiquita Way, reported on damage created by the
construction workers on the road and the bridge over Calabazas Creek
and felt the road should also be looked at as being a public nuisance.
William H. Perretti, 13485 Old ~ak Way, supported Council for its
recognition of the area as~being a public nuisance. He stated he
previously addressed public nuisances by the same parties, which
occurred in immediate adjacent properties. He suggested that firmness
and consist&ncy for an extended period of time on the part of the City
would be particularly useful in restricting the rampant activities.
Vie Monia, Granite Way, concurred with staff's findings that a public
nuisance exists. He stated it is a public nuisance for the public to
have to attend the City Council to address the issue at hand because it
has been a very sensitive issue for a number of years. He expressed
his opinion that because staff responses, before major damage had been
done, were inadequate, the result is a much more severe condition. He
felt the general public has lost confidence in the ability of both
staff and this leadership to get this issue under control He suggested
a citizen's committee be appointed to investigate why the City did not
react to the early calls of citizens and why, and that the report be
given to the Council. From that report, Council can then decide what
to do about it.
Mike De La Cruz, Park Glen Drive, reported that before the damage
occurred, he placed a large sum of money asan option to purchase lot
5. His lot has no violations against it and he requested his lot not
be considered part of the Public Nuisance declaration.
Betty Peck, 14275 Saratoga Avenue, thanked Council for their time in
making Saratoga a magnificent City. She requested the word nuisance be
stricken from the resolution and replaced with the word devastation.
She requested that Council consider, as part of the penalty, that Mr.
Cocciardi set up and finance a program to educate the young in
environmental issues. She pointed out that Mr. Alan Chadwick, who
inspired the Community Garden, has been named in this issue.
Bonnie Bowman~ 13492 Old Oak Way, requested Council declare the area a
public nuisance, or public devastation. She reported that last summer
she observed dump trucks dumping dirt off the south side of the slope,
off the ridge and expressed great concern regarding the effects the
rains could have on that dirt, her property and her neighbors'
property. She reported that as of last weekend one of Mr. Cocciardi's
lots On Mt. Eden Estates is now sprouting straw. She expressed concern
with the construction trucks traveling at excessive speeds and that
they dO not stay on their side of the road.
Dan Bagosian, added more names to the petition submitted earlier
tonight bringing the total to over 1,100. He encouraged Council to
declare the property in question a public nuisance.
Wanda Alexander, Coalition for Hillside Protection on the Saratoga
Sphere, complimented Council on its effort to declare this tragedy a
public nuisance. She spoke of Council's power to protect the Community
and made the suggestions that: 1) every lot with a slope of 10% be
required to have an EIR; 2) that the City assemble and pay for a
technical group of experts in land use and related fields to meet,
review, and make recommendations regarding all new controversial
building projects; and 3) if the City does not have adequate staff to
monitor problems that the City ask for a group of volunteers who could
meet and look at the problem any time of day or night and present a
City council Minutes 8 January1?, 1990
report to the City. She urged that the City take a slow, deliberate,
non-political and fair process look.at all land use issues and install
a process the public can trust.
Willem Kohler presented more signatures to the petition at.hand
bringing the total to 1,159.
William Robson, Ravine Road, expressed his views on City management as
weak and ineffectual. He stated his opinion that at this stage the
only answer is to have a full-scale Grand Jury investigation of City
management and-~urther proposed a hold on all building permits until
such Grand Jury verdicts are in.
Todd Walsh, Plymouth Drive, said he felt the recent 9% pay raise given
to the City Manager was outlandish because the rate of inflation has
not been too high. He requested the Mayor, in her closing comments,
address the allegations of corruption and mismanagement and.why the
City has not been responsive during this desecration.
No one further.appearing to speak, Mayor Clevenger closed the Public
Hearing at 9:32 ~.m.
- In response to a reques~ from Councilmember Anderson, discussion ensued
wherein Council reviewed the necessity of declaring all lots a~public
nuisance as-opposed to declaring a public nuisance of only thbse lots
which have damage on them.
Mr. Toppel clarified that Council can treat each lot individually. He
recommended that each lot be considered individually. because there are
lots on Qhich~no illegal. activity occurred (lots 4,5, and 6). Although
· there was vegetation removal on lots 7 and 8, the City is looking to the owner to be responsible for correcting the situation.
Councilmembe~ Stdtzman pointed out and expressed concern that if
certain property owners are permitted to develop their property, that
this,. in essence, would be allowing Mr. Cocciardi and Mr. Chadwick to
accomplish partof what they originally intended; that is, to have
parts of theirsparcel developed and paid for. He expressed his opinion
that this subdivision must be treated as a whole rather than dividing
it into segments.
Mr. Toppel clarified.that he did not mean the properties could be
developed'but that they could be restored to their original conditions.
After the properties are repaired, it would be up to the Council
whether or not to allow further development. He clarified the purpose
of theCivil Suit is to abate the nuisance.
In response to Mayor Clevenger's question, Mr. Toppel reported that
even if all restoration conditions are met and the owner wishes to
develop that lot, construction would not be allowed without the
installation of subdivision improvements. He said there is nothing
that guarantees the.owner the right to construct in the absence of the
subdivision improvements being installed.
Lengthy discussion ensued regarding whether council should or should
not eliminate certain lots from being declared a public nuisance.
CoUncilmember Anderson pointed out that even if the properties without
damage (properties 4, 5, and 6) were not declared a public nuisance,
the owners could not receive approval to develop the property which is
ultimately what they' are after. Further subdivision improvements
. cannot be authorized until the subdivision is restored to its original
condition. She felt that as long as none of the properties can be
developed further, she would. rather declare the entire subdivision a
public nuisance.
ANDERSON/STUTZMAN MOVED TO ADOPT THE ATTACHED RESOLUTION NO. 2629, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DECLARING A
PUBLIC NUISANCE TO EXIST UPON THE PROPERTY KNOWN AS TRACT 7770 AND THE
PROPERTY KNOWN AS ASSESSOR'S PARCEL NUMBER 503-12-024.
City Council-Minutes 9 Januar~17, 1990
Councilmember Stutzman pointed out that the issue of hillside
development goes back a long way and that Mr. Cocciardi has an
extensive background in creating these types of problems for Saratoga
as far back as 1957. He noted,that he objected to approval of this
development when it was originally before the CoUncil. He felt that
the City must tighten City ordinances, closely monitor subdivisions
(particularly in the hillsides) protect the public and must be firm in
its actions. '
Councilmember Stutzman thanked Mr. Kohler for the time and effort he
spent on the development of the petition presented tonight and thanked
him for his concern for the environment. He felt that the Council
should pursue this case to the fullest and extract the maximum
penalties, even perhaps to the extent of not allowing further
development on those properties until the oak trees have grown to their
full size. He concurred a public nuisance should be declared and that
· Council should seriously consider never allowing a developer such as
this to develop any further area in Saratoga.
Councilmember Moyles concurred that the staff report and the testimony
from the public makes it perfectly clear a public nuisance exists, as
defined, based on massive violations committed. He agreed with
Councilmember Stutzman that the unprecedented nature, the unprecedented
scope, and complexity of environmental damage done in this case makes
this a test case. He supported all actions as outlined by the City
Attorney and encouraged him to prosecute the criminal complaints to the
futlest, including the innovative suggestion from Mrs. Peck that if the
defendant is found guilty of the allegations raised, that as a
condition of his probation, he be required to finance a program in
public education in order to maintain the sensitivity and awareness
displayed this evening. Also, as suggested in a letter from Senator
Dan McCorquodale, that there be a requirement that funding be made
available by the defendant for re-forestation effort of the California
oak trees; perhaps even having the defendant, if found guilty, plant
some trees personally. He requested that the City Attorney not
overlook the fact that violation of City ordinances does allow the
judge to impose jail time and that maximum penalties be assessed.
Councilmember Moyles encouraged Council that it is time for the City to
meet with a legislative delegation to consider appropriate State
legislation which would give the City the power to impose even greater
sanctions for violations of this kind, that ordinances be given
sanctions of greater fines and jail time so there is an effective
deterrent power. Additionally, that the State reconsider statutes as
they relate to environmental report requirements, that those who
violate the environment, as has occurred in Saratoga, should be subject
to criminal investigation by the State for violating the California
Environmental Quality Act. He encouraged the City to review additional
funding for code enforcement because if the City grows, that growth
will occur in the hillsides. He stated he would vote for the motion
and requested more fully developed information regarding the lots where
no violations have occurred and stated that he would be willing to
consider that those lots do not constitute a public nuisance.
Councilmember Anderson said she is encouraged by the fact that this
unanimous City Council has tried to work with the City Attorney and
staff to make this issue not just the cost of doing business and
pointed out that Mr. Cocciardi has displayed in the past that fines
have been a small amount and he continues to do whatever he wants to'
do. She felt that Council and staff have done everything to maximize~
penalties and send out the message that this will not happen again.
She addressed several points regarding the legality and illegality of
work that had been done and recognized that there was some confusion in
that regard. She reported that the contractor's work schedule is built
into the contracts so the police officials do not have the particulars
in the way of an ordinance. She felt that this is an area the City
must work on because there are other developments scheduled for the
near future including a freeway to be built. She said she would vote
this property is a public nuisance and would vote that the nuisance be
City council Minutes 10 January17, 1990
abated in whatever way is necessary.
Mayor Clevenger concurred staff has shown that illegalities exist in
the subdivision and the testimony of the public supports that the
subdivision is a public nuisance. She felt it is not appropriate to
single out certain lots to remove from the declaration of public
nuisance but that it would be much stronger if the subdivision is kept
as one large area of public nuisance.
Regarding criticism leveled at the City, Mayor Clevenger said the City
obviously did not do what was necessary in order to control this
developer and there is a problem with that. The City must admit the
problem and determine how to prevent the same from happening again.
She stated that although it is possible the City'has been inept at
times, in her ten years on the Council she has not seen any first-hand
evidence that the City is corrupt. She said she believes some mistakes
were made in processing this development and that the City will review
and amend the process so this does not happen again. She encouraged
the public to continue to stay in touch with Council.
The motion as stated earlier was voted upon and passed unanimously 4-0
(Councilmember Paterson did not participate in this vote).
Mayor Clevenger declared a recess at 10:10 p.m. During the break, a
20-25 minute videotape of the damage on various.parcels of land in
Tract 7770 was shown. Upon reconvening at 10:30 p.m. the same
Councilmembers were present with the exception of Councilmembers
Anderson and Moyles, who entered as shown below.
B. Appeal of tentative map approval to divide a 1.53-acre parcel
at 20760 Wardell Rd. in the R-1-12,500 zone district into two
lots, which would be 1.05 and 0.48 acres in gross area,
respectively (Applicant, Emami; Appellant, Hennessy) (SD 89-
014)
Mayor Clevenger reported the appeal has been withdrawn.'
C. Review performance Of the city's Pavement Management Program
for 1989-90, proposals for the 1990-91 work program and
adequacy of funding to carry out the Program.
Mr. Peacock summarized the report prepared by Mr. Dan Trinidad,
Director of Maintenance, as presented in the Memorandum to City Council
in tonight's meeting packet.
Mayor Clevenger opened the Public Hearing at'10:35 p.m.
In response to a question from Councilmembe~ Paterson, Mr. Peacock
pointed out that the street maintenance expense increased dramatically
in 1989 due to increase in costs for overlay and for special projects.
(Clerk!s note: Councilmembers Anderson and Moyles returned at 10:40
p.m.)
In response to questions from Mrs. Rita Hennessg, Mayor CIevenger
clarified that although gas tax money is received from the State, it
does not adequately cover street expenses. She explained how the
Utility Tax was enacted and that earlier this fall, a Public Hearing
was held and it was determined that the 3.5% tax sunset date be
extended for 5 years to July 1, 1995 and that a review of the rate be
held annually in January.
Mrs. Hennessy stated she felt the tax should be discontinued and that
the decision to continue it should be put to the voters again.
Jack Mallory, 12258 Kirkdale Drive, concurred with the City Manager
that the tax be continued as it is a good program and provides the
citizens with services they need and want.
No one further appearing to speak, the Public Hearing was closed at
City Council Minutes 11 January17, 1990
10:47 p.m.
pETERSON/ANDERSON MOVED TO APPROVE THE REVISED REPORT OF THE PAVEMENT
MANAGEMENT PROGRAM AS A BASIS FOR THE 1990-91 FISCAL YEAR PROGRAM.
Passed 5-0.
.Mayor Clevenger returned to items preceding public hearings on the
agenda.
7. NEW BUSINESS, Conttd
C. Publicity for Upcoming Hearings - Toxic Gas Ordinance and
Adoption of 1988 Uniform Fire Code~ community Development Block
Grant Projects~ Quarry Creek Project
Councilmember Anderson felt that the Quarry Creek project Public
Hearing should be more widely publicized and suggested that it be
noticed in the Saratoga News.
Lengthy discussion ensued regarding recent information received from
the Department of Fish and Game. \ Mr. Toppel stated that although there
have been delays in scheduling of the hearing for the Quarry Creek
project, there has been recent activity regarding determinations on the
Corps of Engineer jurisdiction~ information which had not been.
available previously.
Mr. Peacock requested time to meet with the Regional Director of Fish
and Game between now and February 7 in order to arrive at a resolution
of the jurisdictional issue. Mr. Toppel recommended that Council have
a certain course of action prepared when the public hearing for that
project is scheduled.
CONSENSUS TO SET THE PUBLIC HEARING ON THE QUARRY CREEK PROJECT FOR
[EBRUARY 21, 1990.
Staff acknowledged Councilmember Peterson~s suggestion that as soon as
information becomes available, staff prepare a status report for
Council.
Councilmember Anderson suggested that Council post notice of the Toxic
Gas Ordinance and Adoption of 1988 Uniform Fire Code in all commercial
areas.
Mr. Peacock noted that various merchants associations and the Chamber
of Commerce will be noticed for the public hearing.
CONSENSUS TO APPROVE PUBLICITY AS RECOMMENDED AND HAVE THE CITY MANAGER
SEND A LETTER OF NOTIFICATION TO VARIOUS CLEANING ESTABLISHMENTS-IN THE
CITY, HIGH SCHOOLS AND THE JUNIOR COLLEGE.
D. Annual Leave Payout
MOYLES/PETERSON MOVED TO AUTHORIZE STRUCTURING OF ANNUAL LEAVE PAYOUT
FOR 1990 AS RECOMMENDED IN THE REPORT TO THE CITY MANAGER DATED
12/29/89. Passed 5-0.
9. CITY COUNCIL ITEMS
A. Reports from Individual Councilmembers
1. Endorse SB209 re= Winchester and Bascom Interchanges for
Route 85 - Moyles
CONSENSUS THAT COUNCIL SEND A STATEMENT OF ENDORSEMENT TO THE BOARD OF
SUPERVISORS AT ITS NEXT MEETING AND ALSO TO SENATORS REBECCA Q. MORGAN
AND CHARLES W. QUACKENBUSH.
Moyles - Reported that the Hakone [oundation Board had met and Henry
Yamate requested his financial statement be distributed. Councilmember
Moyles reported he would be missing some Council study sessions because
the Board has moved its'meetings (which he attends as liaison to the
City Council Minutes 12 January17, 1990
Council) to Tuesdays. There have been 39 memberships and $17,000
collected for the Hakone Foundation Board. He reported that Jack and
Sue Mallory are doing an excellent job on the Fund Development
Committee. He reported he will be visiting Japan from February 16th
through the 28th review of the Cultural Center Building Progress.
Clevenger - Recalled that with the restructuring of Intergovernmental
Council, $2,000 is still due from Saratoga. She reported that she had
drawn a one-year term from January 1990 - January 1991.
Peterson - Suggested that membership to IGC be agendized for a Council
Study Session. CONSENSUS TO HOLD THE $2,000 PAYMENT FOR MEMBERSHIP TO
IGC UNTIL SAID DISCUSSION IS HELD.
Clevenger - Reported that the Sanitation District will be having a
retreat on February 3 and that the discussiontregarding a Hillside
Assessment District is scheduled. She felt strongly that there should
ava
not be a Hillside Assessment District and g , her reasons why.
Anderson - Reported on the'Transportation Commission Meeting. The
Cities in south county have requested Council's support, in writing to
the Governor,.requesting that the State subsidize insurance on the Cal
Train extension to Morgan Hill and Gilroy.
Anderson - Reported that Redwood Junior High has been notified Caltrans
plans to use Fruitvale as an access road for its trucks when building
,the freeway interchange at Saratoga Avenue. Mr. Peacock stated that
haul route recommendations will be listed in aireport which will be
prepared and ready for the January 30 community meeting on that
construction project.
Anderson - Reported on the Santa Clara Valley Water CommiSsion Meeting.
The Commission had a split vote on whether to reestablish water
rationing. All cities served by the San Jose Water Company wanted to
return to rationing.
A discussion was held at that Water Commission meeting recommendations
the Commission would make to PUC regarding $3.5 million in fines which
San Jose Water Company wants to keep. A PUC Hearing will be held in
Los Angeles next week. It was suggested that the engineering studies,
required for the San Jose reclamation project, be financed by this
money. A recommendation has been made by the State that all new
would apply to Routes 85
freeways contain reclamation waterlines. This!
and 87.
CONSENSUS THAT IF COUNCILMEMBER ANDERSON IS PART OF THE COUNTY
DELEGATION TO ADDRESS PUC AT THE HEARING IN LOS ANGELES, THAT HER
EXPENSES BE INCURRED BY THE CITY.
Peterson - Reported on'the Santa Clara County Cities Association
meeting. Barbara Walden of Sunnyvale Was voted President,' he was voted
Vice President, and Joe Head was voted Secretary-Treasurer.
Discussions revolved around congestion management and presentations
were made by Supervisor Dianne McKenna and David Fadness.
Peterson - Reported on his conversations with the offices of Senators
Morgan and Quackenbush regarding the school of Choice issue.
Mr. Toppel reported that the settlement conference on the E1 Paseo suit
has been scheduled for February 8 at San Jose City Hall.
10. ADJOURNMENT
The meeting was adjourned at 11:30 p.m.
Minutes Clerk