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HomeMy WebLinkAbout05-16-1990 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, May 16, 1990 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting 1. ROLL CALL Councilmembers Anderson, Moyles, Peterson, Stutzman and'Mayor Clevenger present at 7:30 p.m. 2. CEREMONIAL ITEMS A. Resolution Appointing Margaret Caldwell to Planning commission PETERSON/MOYLES MOVED TO ADOPT RESOLUTION NO. 2652 APPOINTING MARGARET CALDWELL AS A MEMBER OF THE PLANNING CO~[MISSION. Passed 5-0. B. Administration of Oath of Office to Ms. Caldwell Mayor Clevenger welcomed and administered the Oath of Office to Mrs. Caldwell and thanked her for her willingness to serve on the Committee. 3. ROUTINE MATTERS A. Approval of Minutes - May 2, May 8 Mayor clevenger stated that the correction to the Minutes of May 2 is incorrect and gave the Clerk a copy of Page 5 of the April 18 Minutes showing where her motion regarding the Pool appeal should be placed. Mayor Clevenger pointed out in the Minutes of May 2, the last paragraph should reference Mary Ann Swan, not Mary Ann Stone. MOYLES/ANDERSON MOVED TO APPROVE THE MINUTES OF MAY 2, 1990, AS AMENDED AND MAY 8, 1990 AS SUBMITTED. Passed 5-0. B. Approval of Warrant List PETERSON/STUTZMAN MOVED TO APPROVE THE WARRANT LIST AS SUBMITTED. 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 May 11. 4. CONSENT CALENDAR A. Planning Commission Actions, 5/9 - Noted and filed. B. Parks and Recreation Commission Minutes, 4/2 - Noted and filed. C. Saratoga Community Access CATV Foundation Board of Directors Minutes, 4/17 and 4/25 - Noted and filed. D. Approval of special Events Permit for "Fun Run" co- sponsored b~ Recreation Department and CASA E. Approval of special permit to allow temporary public interest sign in the public right-of-way F. Acceptance of open space Easement from Saratoga Pacific oaks (san Marcos Heights Subdivision) G. Resolution No. 2653 designating city Manager as city~s authorized agent to execute right of way certifications for Federal-Aid Projects and City Projects on State Highways City Council Minutes 2 May 16, 1990 H. Authorization for volunteer Coordinator to attend National Volunteer conference in san Diego, 5/23-27, with reasonable and necessary expenses I. Proclamation on 44th Anniversary of Founding of the Italian Republic J.. Proclamation on National Public Works Week K. Approval of agreement with West Valley/Mission Community College District for legal services to prosecute violations of animal control regulations adopted by District ' L. Treasurer's Report - April M. Investment Report - April N. Financial Report - April Councilmember Anderson pulled item 4F and Mayor Clevenger pulled item 4H at the request of Mr. Tom Reddick. · PETERSON/MOYLES MOVED TO APPROVE CONSENT CALENDAR WITH EXCEPTION OF ITEMS F AND H. Passed 5-0. Regardingitem 4F, Councilmember Anderson said she thought the City was to receive a dedicated offer of open space. Mr. Toppel said that one area is located on private property and the other is public property. The Government Code requires the City Council.to accept the dedication as wellas the deed. Acceptance of the deed will be on Council's next agenda. ANDERSON/PETERSON MOVED TO APPROVE ITEM F. Passed 5-0. Regarding item H, Mr. Tom Reddick, 12389 Larchmont Avenue, objected to this expenditure and the location of the conference. Mayor Clevenger eXplained that conferences are pre-planned a year or two in advance and that meeting places are usually equally distributed between northern and southern California. She pointed out that Saratoga receives more than $60,000 of free volunteer hours and that the purpose of the Conference is to get ideas for utilization of those volunteers. MOYLES/ANDERSON MOVED TO APPROVE ITEM H. Passed 5-0. ICONSENT CALENDAR II - CLAIMS A. Clai'm of Smith in connection with alleged damage to car by oil and tar due to City paving project ANDERSON/MOYLES MOVED TO DENY CLAIM OF SMITH. Passed 5-0. B. Claim for indemnity by Leon Pettitt in connection with fall of MacKenzie on sidewalk ANDERSON/MOYLES MOVED TO DENY INDEMNITY CLAIM OF LEON PETTITT. Passed 5-0. 5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. ORAL'COMMUNICATIONS 1) Mr. A~t Monk, 19782 Solana Drive, read a petition from residents requesting immediate removal of the many weeds growing in the Highway 85 right of way because they are a nuisance to residents. Mr. Harry Peacock, City Manager, said that, according to the Traffic Authority, that cost to remove the weeds from Prospect to Quito Road is approximately $4,600. Mayor Clevenger agreed this should be done but said she has a problem with Saratoga having to disc Traffic Authority propert~ Mr. Peacock said if Saratoga is to do the work, the City's weed abatement contractor would be utilized. However, Mayor Clevenger felt the City should get at.least three estimates. 2)': Mr. Bert Martel, 14420 Fruitvale, reported that vicious Doberman City Council Minutes 3 May 16, 1990 dogs have been told to kill him, his wife, and their friends. He said that in other cities this is considered to be assault with a deadly weapon but that in Saratoga it seems to turn up as concern over the height of a fence~ in other cities it is a felony and in Saratoga it seems to turn up as a code violation. He disagreed with the City that his concern is related to a neighbores fence and suggested that perhaps the policing system of Saratoga should be investigated because maybe the system is inept. 3) Mr. Jim Guthrie, 12779 Glen Brae, reported that at community meetings he artended, he was informed there would be visual barriers placed along Cox in October, prior to and during construction of Highway 85. He.reported impacts to his property including lack of privacy, and accumulated dirt and dust from the construction. He expressed concern that by the time steps are taken there will be damage to his home and items such as drapes and carpets may need to be replaced. He asked that Councill request the Traffic Authority to utilize local media and newspapers to advise residents of the construction schedule. Mayor Clevenger said Council will discuss this issue under Councilmember's Reports. 4) Mr. Michael Dennis, Saratoga, reported, in detail, on noise impacts his neighborhood is experiencing from early morning to late evening. He expressed great concern regarding anticipated increases in noise and other impacts from the new Hobie's restaurant scheduled to open at his corner. He felt that if noise is a current, unresolved problem, he questioned why the City is going to allow the restaurant which will amplify the problems tenfold. Mayor Clevenger said Council will discuss this issue under Councilmemberts Reports. 5) Mrs. Maggie Levine, President of Twin Oaks Homeowners Association, Saratoga, agreed with Mr. Dennis and expressed great distress that not one of the six homeowners in the building and none of the six owners in the next building received notice pertaining to a new Hobie's Restaurant in the neighborhood. She said she reviewed an affidavit of mailing notices which Mr. Steven Emslie, Planning Director, showed her. She asked what could be done since notice was never received. Mayor Clevenger said Council will discuss this matter under Councilmembers Reports. CONSENSUS TO CONTINUE ORAL COM}~UNICATIONS ALTHOUGH THE HOUR OF 8:00 HAD ARRIVED. 6) Mrs. Faith Schmidt, 19964 Mallory Ct., representing the American Association of University Women (AAUW), and the Santa Clara County Coalition on Housing and the Homeless, spoke of concern with increasing numbers of California families unable to obtain suitable rental or ownership housing. She presented a comprehensive study on housing produced by the California Association of Realtors which has been presented to educators and policy makers. She encourage Council, in the revision of its housing element, to do everything possible to provide diverse, affordable housing for families and adequate provisions for all economic segments of the population. 7) Mrs. Joy Girardin, 12749 Paseo Presada, complained that political signs are allowed to be placed throughout the City by candidates for office and that other types of signs are not allowed. She objected to political signs being the only exception to the City~s sign ordinance. Mayor Clevenger said Council will review the matter under CouncS].members Reports. 8) Mr. Patrick Kwok, reviewed what he considers problems with the skateboard ramp activities in Congress Springs Park, including the noise generated and that residents were not notified of the project. He presented Council with a petition of 91 residents with 1/4 of a mile who wish to request that the City temporarily close down the skateboard ramp, pending further review of the problem. Mayor Clevenger said Council will review the matter under Councilmembers Reports. 9) Mr. Meyer Levy, Anza Drive, agreed with Mr. Kwok and reported the problems he is having the skateboarders using his property to get to the'~park. He requested that Council set time limits for the skateboard ramp and treat the surface of the ramp to arrest some of the noise. City Council Minutes 4 May 16, 1990 10) Mr. Chris Kummerer, 19761 Lanark Lane, spoke in support of the skateboard ramp and said the users wish to work together with residents to solve the problems. He gave several suggestions for solutions and 'pointed out the ramp hours are from 8 a.m. to 6 p.m. 11) Mr. Paul Armijo, 21053 Canyon View Drive, spoke in support of the skateboard ramp and compared the sound levels of the ramp with those of normal activities. He felt there is not much difference and believes there are ways to quiet the sounds from the ramp. 12) Mr. Tom Reddick complained that although he was told a City employeelwas not available to speak with him on the telephone, when he visited the office, he saw that person in the office. He felt that type of treatment is not "open government". Mr. Reddick informed Council that inmates from Elmwood detention facility could be utilized to disc the weeds on Highway 85 corridor. Mr.. Reddick said he believes any sounds over 70 dba is irritating. 13) Mr. Jeff Schwartz, San Marcos Road, reiterated his request of May 2 for clarification regarding the purchase of architectural plans for the new Odd Fellows property development paid for by the City with the expectation the costs will be reimbursed by the developer. He said he has not received this information. Mayor Clevenger stated the issue is agendized and will be discussed under item 7C. Mr. Schwartz~expressed his opinion that there is no reason to continue the Cityfs Utility Tax. He felt that the City should publish the Council and Planning Commission agendas in the Saratoga News so the public can participate in open meetings. Mayor Clevenger moved the agenda to Public Hearings since the hour of 8:00 had passed. 8. PUBLIC HEARINGS n. Appeal of conditions of approval of street improvement plan for development of an access road from Mr. Eden Rd. to the four-lot subdivision at 22631 Mt. Eden Rd. (SDST-00S) (Applicant/appellant, sung/Harbor Builders) Mayor Clevenger reported the appeal has been withdrawn. B. Appeal of denial of subdivision approval to create two parcels of 20,100 and 22,686 sq. ft. from a property at 14584 Horseshoe Dr. on the corner of Horseshoe Dr. and Horseshoe Ct. in the R-1-20,000 zone district. Both the existing home and the proposed parcel will access Horseshoe Dr. (8D89-017) (Applicant /appellant, Pierce/Waller) (continued from 4/18) Mr. Emslie reported that staff recommends the City Council deny the appeal of the proposed subdivision and affirm the decision of the Planning Commission to reject approval of SD-89-017. Staff is unable to make the findings to grant the appeal, based on the compatibility .of the proposed lot with the surrounding community. Staff has also noted drainage concerns. Mayor Clevenger opened the Public Hearing at 8:20 p.m. Mrs~ V~rginia Fanelli, representing the applicant and owner of'the property, introduced licensed Civil Engineer, Mr. Schaffe. She reviewed Mr. Schaffe~s findings regarding the drainage. He had concluded that the additional home and its impervious coverage will ~have no significant affect in creating runoff. Also, that the culvert currently in place is sufficient if properly maintained. ~Referring to a wall projection, Mrs. Fanelli pointed out the property and its elevations. She maintained that three city engineers, three ~independent engineers, and the Santa Clara' Valley Water District have stated this-property does not have a drainage problem, even with the City Council Minutes 5 May 16, 1990 addition of one home. She recalled previous deferred improvement agreements which Council has approved and requested that Council grant such for this lot. She pointed out two alternatives for access. She said she does not see any valid reason for denial of the lot split because it meets the code, has two acceptable access routes and there is expert evidence it would not cause additional water problems for the ne, ighbors. Mr. Bill Clarke, property owner, spoke against the lot split stating there is a definite problem with runoff from rains. He said he requested but never received drainage plans for the property. He was told by his engineer that no matter what is done for drainage, there will be some impact to some of the surrounding properties. He pointed out that a septic tank would be in an area which is a drain. He felt that Mrs. Fanelli has not adequately addressed the problems. Mr. Bert Meyer, 14606 Horseshoe Drive, said he felt the driveway could not be built without disturbing the roots Of two pine trees, at least three feet in diameter which have surface roots. He spoke regarding the impacts drainage could create and felt the culvert is not adequate. He urged the Council to deny the subdivision but that if it is'approved that a stipulation be made that the recommendations for that driveway, presented by Barrie D. Coate and Associates, must be followed. Mrs. Dottie Billner, 14578 Horseshoe Ct., reiterated concern with how the area will be changed if the project is approved. She pointed out her concerns regarding the wetness of the soil and said that the flag lot, for which approval has been requested, is surrounded by R1- 40,000. She urged Council not to set a precedent. Ann Meyer, 14606 Horseshoe Drive, spoke in opposition of the project and asked, in the event the project is approved, how she would be guaranteed that the owner will follow Mr. Coates' recommendation for the driveway. She expressed concern regarding the erosion impacts during the rainy season and agreed that approval of this flag lot will set a precedent in the area. Mr. Glen Crowler, representing his mother-in-law, Mrs. Foster of 14552 Horseshoe Drive, reported her concern with poor drainage and water runoff impacts. Mrs. Carol Ladd, 14568 Horseshoe Ct., expressed great concern with the drainage and possible damage to her home. Mr. Bob Billner, 14578 Horseshoe Ct., expressed concerns with the flag lot and listed the possible impacts. Mr. Jim Schaffe, Civil Engineer for the Appellant/applicant, presented an overhead projection of a topographic map of the area upstream of Horseshoe Ct. He expressed his opinion that an 18 inch pipe should sufficiently carry the flow from a ten-year storm. He said that just to make sure the building does not add runoff problems, he has recommended that about 10 cubic yards near the 478 contour be excavated. This would allow extra room to store additional water runoff. In response to Councilmember Anderson's concern with the sheeting action by the rains, Mr. Schaffe said' normal lot drains will be installed so water does not enter the house. Mrs. Fanelli said that Mr. Pierce purchased the property in 1956, assuming that he could sub-divide his property as zoning allows. She Urged Council to consider Mr. Pierce's rights in this matter. Mayor Clevenger closed the Public Hearing at 8:50 p.m. Councilmember Stutzman said he reviewed the property twice and that his primary concerns are drainage and compatibility. He said it would not be compatible to allow a half-acre lot among the one-acre lots and larger lots as he believes it would downgrade the area. He disagreed with the engineer regarding drainage, explained why and said he could not chang~ his vote from what it was before. He said this appeal should not be approved. City Council Minutes 6 May 16, 1990 Councilmember Moyles also opposed the appeal because the flag lot would be undesirable and incompatible and because the Applicant/appellant is requesting Council to approve a one-half acre lot in a one-acre zone. Mr. Emslie clarified that the lots accessed from Horseshoe Ct. are all zoned one-acre minimum. Councilmember Anderson agreed with Councilmember Moyles regarding the incompatibility of a flag lot. She felt approval would set a bad precedent. She said she would not want to see Horseshoe Ct. widened. Councilmember Peterson said he cannot change his original position and would vote'against approval primarily because the flag lot is not the ~ight configuration and the matter should go back to the Planning COmmission.. M~yor Clev~nger agreed with other Councilmembers. She believes the -basic problem is that the property does not have the proper zoning. 'She clarified that the City received a letter from the West Valley Sanitation District verifying that there is sewer access available to th~ property. She pointed out that the staff report is very well done. MOYLES/ANDERSON MOVED THAT THE CITY COUNCIL DENY THE APPEAL AND AFFIRM THEDECISIONOF THE PLANNING COMMISSION TO REJECT APPROVAL OF SD-819- 017. Passed 5-0. C. Ordinance on fencing to separate commercial and residential uses and setting time limit to comply with order to relocate or enclose trash containers in commercial zones (first reading and introduction). A Negative Declaration has been prepared for this project. Mr. Hal Toppel, City Attorney, reported the ordinance would estaSlish the provision to have the City require the owner or operator of commercial property to install an eight-foot fence or, a residential Owner could'request a.special permit from the City for such a fence. Current zoning regulations establish a six-foot height limit on fences .in the rear and side yards. The intent is to establish a new .requirement for commercial districts' where it is found there are problems. Mayor Clevenger opened the Public Hearing at 9:02 p.m. There being no one appearing to speak, Mayor Clevenger closed the Public Hearing at 9:02 p.m. Councilmember Anderson spoke in support of the ordinance and felt the residents deserve that kind of relief from commercial development. Mayor Clevenger agreed and mentioned that this will benefit homeowners --along busy arterials who get substantial traffic noise. MOYLES/PETERSON MOVED APPROVAL OF THE NEGATIVE DECLARATION. Passed 5- 0. MOYLES/PETERSON MOVED TO READ THE ORDINANCE BY TITLE ONLY, WAIVING FURTHER RE~DING. Passed 5-0. MOYLES/PETERSON MOVED INTRODUCTION OF THE ORDINANCE AMENDING SECTIONS 15-19.020(f) AND 15-29,010 OF THE CITY CODE CONCERNING HEIGHT OF FENCES SEPARATING COMMERCIAL AND RESIDENTIAL DISTRICTS. Passed 5-0. D. ' Ordinance granting Community Services Officers concurrent authority with the County to enforce animal control regulations and increasing requirements for control and confinement of dogs Mr. Toppel reported this is an amendment to the existing animal control regulations to make it absolutely clear that the Community Service Officers. have concurrent authority with the Animal Control Officers of She. county to enforce the animal regulations and require additional City Council Minutes 7 . May 16, 1990 fencing if that need is determined. Also, this will strengthen existing regulations concerning confinement of dogs on private property. It would make it clear this regulation is to be geared to the particular animal and the fence must be of sufficient height and strength to confine the animal. Mayor Clevenger opened the Public Hearing at 9:05 p.m. There being no one appearing to speak, Mayor Clevenger closed the Public Hearing at 9:05 p.m. Mr. Peacock said he still has concern regarding the lack of a specific standard. He said that ordinances from other communities which require a six-foot high fence, strong enough and designed in such a way as to prevent the animal from escaping, would be a much more simple method of establishing a standard rather than continuing with a judgment call based on the size of the animal. Discussion ensued regarding specific requirements necessary for fences higher than six feet. Mr. Toppel and Mr. Peacock suggested the language in the ordinance include that the fence be six feet high. Reference will be placed in paragraph 2 on page 1 of the ordinance to read: ."within the confines of a six foot fence and such other enclosure" MOYLES/PETERSON MOVED APPROVAL O[ THE AMENDMENTS TO THE ANIMAL CONTROL REGULATIONS AS RECOMMENDED. Passed 5-0. MOYLES/PETERSON MOVED INTRODUCTION OF THE ORDINANCE AMENDING SECTION 7-20.020 OF THE CITY CODE CONCERNING ENFORCEMENT OF ANIMAL CONTROL REGULATIONS AND SUBSECTION 7-20.040(b) CONTROL AND CONFINEMENT OF DOGS BY TITLE ONLY, WAIVING FURTHER READING. Passed 5-0. Mayor Clevenger returned to items preceding Public Hearings on the agenda. B. WRITTEN COMMUNICATIONS 1. Patrick A. G. Moloney, P.O. Box 432, resigning from Library commission. Recommended Action: CONSENSUS TO ACCEPT RESIGNATION; AUTHORIZE STAFF TO ADVERTISE VACANCY. 2. Ralph A. Minton, 14381 Maclay Ct., with questions about clearing of area in back of house. CONSENSUS TO APPROVE STAFF REPORT AND AUTHORIZE STAFF TO BEGIN PROCEEDINGS FOR ABANDONMENT OF STORM DRAIN EASEMENT. 3. Warren K. Hopkins, ABAG President, transmitting proposed regional Land Use Policy Framework. CONSENSUS TO REFER TO PLANNING COMMISSION AND PLANNING DEPARTMENT STAFF FOR RESPONSE ON BEHALF OF CITY. 4. Mark M~rray~ CaliforD~.Against Waste, P.O. Box 289, Sacramento CA 95812, requesting opposition to AB 4298. CONSENSUS TO DIRECT STAFF TO WRITE LETTER OPPOSING AB 4298; THE BILL IS BEING OPPOSED BY THE LEAGUE OF CITIES. 5. Richard Oliver, Dividend Development, 3600 Pruneridge Ave., Santa Clara 95051, regarding Senior Citizen Facility at Odd Fellows. Mayor Clevenger said Council will consider this item when it receives its report from the Planning Commission which is scheduled for June. City Council Minutes 8 May 16, 1990 6. Barbara Waldman, President, County Cities Association, regarding vacancies on city Selection Committee groups- CONSENSUS TO NOTE AND FILE INFORMATION. 7. Frances Krezek, League of Women Voters, P.O. Box 2865, requesting support for Proposition 119 on redistricting reform. Mrs. Mildred Gordon, representing the League of Women Voters of Los Gatos/Saratoga, 20299 Blauer Drive, encouraged Council to support a resolution endorsing Proposition 119, a partisan-neutral initiative that-will' take redistricting from the legislature and place this re~pons'ibiiity with the nonpartisan commission. Mr. PeacoCk said there was no position taken on this measure by the League o~Cities because the League typically does not take positions on.ballot measures which do not specifically affect cities directly. S~UTZMAN/MOYLES MOVED RESOLUTION NO. 2654 TO SUPPORT PROPOSITION 119 ON REDISTRICTING REFORM. Passed 5-0. 8. Supervisor Rod Diridon, County Transit District, requesting support for federal funding of preliminary engineering for o. Tasman Corridor rail system. ANDERSON/PETERSON MOVED TO SEND LETTER OF SUPPORT VIA SUPERVISOR DIRIDON. Mayor cleVenger returned the agenda to the skateboard ramp issue. In response to a question from Mayor Clevenger, Mr. Toppel clarified " that although the skateboard issue was not agendized, it could be discussed 'if Council will only be giving a directive to staff to respond to oral communications and that those present can be allowed · to speak On the issue. Mayor Clevenger clarified that Council's intent is not to make a decision but to determine how best to address the -issue. Councilmember Moyles left at 9:20 p.m. and returned as shown below. Mayor Clevenger said that since the 'skateboard parklwas originally taken up by the Parks and Recreation Commission, that it would be a good idea to have the interested members of the Youth Commission and the Park~ ~=Commission hold a joint session, including the neighbors involved. They could discuss how the rules need to be revised and enforced in order to make the skateboard park compatible with the neighborhood. Councilmember Anderson said the issue of trespassing must aIso'be addressed. Discussion ensued. Mr. Peacock reported on his conversation with the Chief Building InSpector regarding steps which could be taken to dampen some of the noise level which he said would be done in the next week or so. Mr. Mayo~~ Levy suggested that a policeman patrol the area during weekends'~hen the problems seem to occur.' He said he would like to ask the skateboard users to assist. in discouraging use of the park by non- residents. DiScussion ensued regarding non-resident use. Mr'. Patrick Kwok requested clarification regarding whether or not the skateboard ramp is in the City's' Master Plan and asked if it is a requirement of California Environmental Act to have an EIR because of the n~ise.nuisance. Mr. Toppel said this is a recreational facility installed within a public park and the answer is no. The Master Plan does not designate individual equipment to be used. He said there was no legal requirement that area residents be notified of such construction. City Council Minutes 9 May 16, 1990 Mr. Kwok suggested that there are 91 signatures on a petition of complaint and requested that, although they are not here this evening, that these residents be given an opportunity speak to the issue. He asked that Council consider ways to minimize the noise levels, that Council consider relocating the ramp to another location further away from the high density area, that Council consider restricting hours of activity during school hours, and consider restricting use to only Saratoga residents. He said he would like his tax money to benefit Saratoga residents. Mr. David Bowman, 14545 Carnelian Circle, felt that the majority of skateboarders are not from Saratoga and are out of high school. He said it would be difficult to discourage the older, non-residents from using the ramp. He suggested Council consider setting aside certain days a week after school is out, or a few hours during the weekend as a time only for Saratoga residents. He suggested the ramp be manned during that time and that identification cards be given to residents. He explained why he felt it would not be a good idea to move the ramp. Mr. Chris Kummerer, 19761 Lanark Lane, spoke in support of the existing location and agreed with all points made by Mr. Bowman. He felt Saratoga is setting an example for other cities regarding skateboard ramps and he hopes it can be successful. Mr. Tom Reddick encouraged the identification card method and suggested that some of the bigger boys manage the ramp. Discussion ensued regarding the groups and or committees which should be involved in a public hearing to address the issues brought up. Mr. David Wild, Saratoga, supported the identification card method for residents. He believes the sound levels can be lowered and he felt that cutting back the hours of ramp use is not a good idea. Raquel Armijo, 21052 Canyon View Drive, requested that staff be directed to provide information on the skateboard ramp at the public hearing. She pointed out that other cities do not place use restrictions on Saratoga residents and felt it inappropriate for Saratoga to do so. She agreed with the identification card method and suggested the City hire one or two persons to enforce that. Mayor Clevenger directed that the police enforce extra security around Anza Drive and directed that carpets be installed on the ramps. CONSENSUS TO REQUEST THE PARKS AND RECREATION COMMISSION TO CONDUCT A PUBLIC HEARING, THAT MR. KUMMERER, MR. BOWMAN, AND MR. WILD SIT AS PART OF THAT COMMISSION, AND THAT NOTICE OF THE MEETING BE SENT TO ALL RESIDENTS. Passed 5-0. Mayor Clevenger declared a recess at 9:50 p.m. Upon returning at 10:05, all Councilmembers and the same staff were present. Mayor Clevenger moved the agenda to item 5.2 because Mr. Minton was present to address the Council and was not yet heard. 5.2 Mr. Minton addressed the Council in response to a letter he received from Mr. Dan Trinidad, Maintenance Director, regarding the recommendation not to maintain the creek area in question and regarding other points. He expressed concern that now that the easement is not utilized ~'~ ~ ~.~ ~ is not maintained~ He pojnted out that the City can utilize inmates from Elmwood who can clear the creek area. Mr. Toppel reported that an abandonment of an easement can be done by Council via a resolution. He said because there was no reason to. retain the easement, and because the City did not assume maintenance of the area, the Maintenance Director recommended the abandonment of that part of the creek. Mr. Minton was advised he could pursue maintenance of that area if he so wished. Mayor Clevenger moved the agenda to items brought up during oral communications. -r 5A. 4) Lengthy discussion ensued regarding the issue of alleged lack City Council Minutes 10 May 16, 1990 of notification to residents when Hobie~s fast food restaurant was Under consideration by the City. In reSponSe to a question from Councilmember Peterson, Mr. Emslie clarified that a restaurant is no longer an allowed use in the Village, but rather is a conditionally permitted use under the new commercial designation. He explained the procedure used for public noticing. DiscuSsion ensued regarding how this issue can best be addressed. Mayor Cieyenger and Councilmember Moyles suggested that council facilitate a .meeting with all parties concerned and a Planning Commissioner, to discuss this issue. _. Mr.. Mi6haei Dennis requested clarification as to why the permit was r~ approved=So fast. He said that on 11/16/89 Hobie's applied for a permit, the mailing went out on 11/30/89 and by 12/13/89 it was a done deal. .~.-~ CoUnCilm~mber Moyles agreed that a scoping meeting is necessary to draw =up an agenda for a meeting and he requested that Mr. Dennis leave his mailingli'st for notices to be mailed. Mr. Dennis requested that action be taken to put a hold on the ~!' ~estaurant~-until the issues are heard~ He said the permit for the = .restauran~ has been issued without proper consultation.with residents and he beI'ieves the permit is invalid. Councilm~mber Moyles said he would not be willing to take any action tonight,,that he would have to learn more about the problem before he could. respOnd. Mayqr Cle~enger said the preference would be to hold the scoping · t meeting first. Because the City has continuing jurisdiction with the Hobie's use permit, she did not feel it appropriate to put a stop on the.reStaurant now. Mr. Dennis pointed out that the meeting regarding existing noise - problems has been postponed since before August of 1989 and said it has been postponed again until some time in June. He pointed out is very difficult to be in his home with the existing noise problems and with anticipation of additional problems which could be much worse. CONSENSUS TO DIRECT STAFF TO SET UP A MEETING WITH MR. DENNIS, MRS. LEVINE, -REPRESENTATIVES FROM HOBIE'S, LA TRATTORIA, THE VILLAGE MERCHANTS,' LE MOUTON NOIR, AND CITY STAFF AND THAT IT BE SCHEDULED BEFORE THE END OF THE MONTH. Mrs. Levin~ stated she believes that if the 12 nearest homeowners were notified,.they would have taken action with the Planning Commission before 't~e permit was issued. She reiterated the problems Mr. Dennis spok~ of and reported on parking problems and the,anticipated nuisance of ingreased activity. Mayor Clevenger encouraged Mrs. Levine to call the City when people park in her driveway and said the City will respond. Councilmember Anderson expressed strong concern regarding the noticing issue and suggested that in the future the City should request a return receipt showing it has been received. Mr. Toppel pointed out possible pro~]emswh~h could occur when tbis method is used. Mayor Cle~enger requested that staff report back to the Council regarding.what method should be used to avoid another occurrence of the problem. Mayor Clevenger moved the agenda to item 6A. 6. OLD BUSINESS A. Congestion Management Plan Agency PrOposal City Council Minutes 11 May 16, 1990 MOYLES/PETERSON MOVED STAF[ RECOMMENDATION TO ADOPT THE PROPOSED RFSOLUTION NO. 2655, REGARDING THE FORMATION OF A CONGESTION MANAGEMENT PLAN AGENCY FOR SANTA CLARA COUNTY. Passed 5-0. B. Review of Finance Advisory Committee recommendation to increase Council Expense Allowance (continued from April lS) Councilmember Anderson reported, in detail, on her meeting with Patricia Shriver, Finance 'Director, wherein a comparison of other cities' expense allowances was discussed. Councilmember Anderson suggested that Council consider an option that if a medical emergency arises and a Councilmember was in need of medical insurance, that they should be allowed to petition Council to get authorization for medical insurance to be provided by the City. Mr~ Peacock said the City's health insurance covers employees only. Discussion ensued. Councilmember Anderson said she would recommend Council adopt the expense allowance format used by Los Altos Hills. Mr. Schwartz urged Council to drop the matter and said the City does not need to have salaried Councilmembers. He expressed his opinion on various matters regarding Council expenditures and said that Council should serve without any pay except for actual reimbursement for actual expenditures. Councilmember Anderson disagreed. She reported on some of the expenditures necessary and felt there is a justification for an expense allowance. She pointed out the expenses for the trip to Japan were paid with personal finances. ANDERSON/CLEVENGER MOVED THAT COUNCIL ADOPT THE LOS ALTOS HILLS MODEL OF $150 A MONTH EXPENSE ALLOWANCE WITH A $20 PER MONTH ADDITION FOR COUNTY MEETINGS NOT REIMBURSED BY THE COUNTY WHEN A COUNCILMEMBER IS A DELEGATE. Mr. Peacock asked that staff be provided with a listing of those meetings which reimburse Council and those which do not. Councilmember Peterson suggested that the $150 expense allowance be eliminated and that members who wish to do so can submit and be reimbursed for out-of-pocket expenditures. He believes members should not have to serve at no salary while contributing many hours and then have to also pay out-of-pocket money for that privilege. Councilmember Moyles said he is not comfortable with being compensated because he is a volunteer and does not want to ever be reimbursed for his trip to Japan. He said he did not see the necessity of using the reimbursement concept to the point where it functions as compensation. If Council wants to be compensated, it should be recognized as such and a public hearing could be held. He felt the only item that may be called for would be a cost of living adjustment. Councilmember Stutzman felt that serving on the Council is a privilege bestowed by the community and that he would serve whether or not there is compensation. Mayor Clevenger said she wcu!~ votc for the motion and explained that it is helpful to have expenses paid for. She said she would prefer the Finance Committee's recommendation which was $200 a month for Councilmembers and $225 for Mayor. CouncilmemberAnderson stated that she does not believe the amount of compensation is extraordinary. MAYOR CLEVENGER CALLED FOR THE QUESTION ON THE ABOVE-STATED MOTION. Passed 3-2 (Moyles, Stutzman voted no). C. Joint Powers Agreement - Potential Stadium Facilities City CounCil Minutes 12 May 16, 1990 Analysis (Baseball Stadium in Santa clara) Following discussion, ANDERSON/PETERSON MOVED STAFF RECOMMENDATION TO DIRECT THE ~AYOR AND CITY MANAGER TO EXECUTE AGREEMENT ON BEHALF OF CITY;'TME CITY CLERK TO ATTEST TO THE SIGNING OF THE DOCUMENT; THE CITY ATTORNEY TO REVIEW AND APPROVE THE DOCUMENT AS TO FORM. Passed 5-0. D.~ Resolution modifying Planning Commission decision on Guilardi Appeal heard 5/2 MOYLES/PETERSON MOVED APPROVAL OF RESOLUTION NO. 2656 MODIFYING A DECISION OF THE PLANNING COMMISSION. Passed 5-0. · . E. Route 85: Saratoga'Creek to Los Gatos Creek - Quito Rd. "~ Overcrossing Mrs. Margaret Caldwell, 13906 Ravenwood Drive, requested that the city council.refrain from providing direction to the City Engineer or the Traffic Authority on this matter until .the issue could be discussed with the ~0mmunity. She said many members of the community feel very strongly about the potential widening of Quito Rd. from the overpass to Pollard Rd. Mr~ Larry perlin, city Engineer, reported that while San Jose's needs are only for two lanes, San Jose believes a bridge that would acclommodate four lanes is more appropriate for the over crossing. Mr. Perlin further reported that when the Traffic Authority told him they planned to design a two-lane bridge, he, not knowing how that decision had been reached, asked the Authority about~the possibility of a four- 'lane bridge. From a May 14 meeting with the Authority, he learned that they had evaluated the question and determined that four lanes are warranted due to existing and projected Quito Road traffic volumes, and theyweretherefore prepared to direct their designers to design a four-lane bridge. Mr. Perlin told the Authority that as City Engineer 'he agreed with the concept, but the decision would have to be made by the City Council. ~Discussion'~ensued Wherein Mr. Peacock reported that Saratoga's General Plan is inconsistent on the Quito Road Master Plan as to whether it should be~two or four lanes and that is the reason it has been brought before the'Council for policy direction. Councilmember Moyles said he prefers to have the issue agendized after staff has had an opportunity to review the traffic studies and after an attempt is made to reconcile the inconsistencies in the General Plan statements. Mr~.-Perlin suggested that Council direct him.to 'notify the Traffic Authority that the design work for this segment of the freeway be postponed until Saratoga has had an opportunity to review. the issue more clQsely. Mayor Clevenger said she does not want to encourage, the widening of Quito Road and wants to discourage it. C0uncilmember Stutzman said he wishes to see Quito Road remain as is and thathe does not see any point in buiiding a four lane bridge. He explained why he opposes widening the road. Mr. Vic Monia,' Gra¼ite Way, stated his concern with the issue and felt the community should be given an opportunity to address same. Mrf Peacock pointed out that staff presented this item as information only and does not believe staff has, based upon the policy statements in the General Plan, a clear policy from the City. Mr. Perlin'explained that the reason he believes there should be a four lane structure is to preserve the option, in the future, of widening Quito Road~to four lanes south to Pollard Road without also having to widen a freeway bridge 10, 15, or 20 years from now. He recommended that Council consider that option because of events that may occur in the future. He said local agencies would be.responsible for the full City Council Minutes 13 May 16, 1990 cost~ of any future widening of the bridge, if it became necessary, but at this time the Traffic Authority is willing to bear the entire expense. Councilmember Anderson said she believes a public hearing is necessary and that it be noticed in the San Jose Mercury News. She asked if the City Engineer's Report could include information on the impacts of the Winchester half interchange. In response to a question from Mr. Schwartz, Mr. Perlin verified that as City Engineer he has given his recommendation as City Engineer to the Traffic Authority, but he has made it clear to the Traffic Authority that the final decision will be made by the Council and that in fact it was agendized for discussion tonight. He said he would like to contact the Traffic Authority tomorrow to ask that they defer any work on the design until the City has had more opportunity to review the issue locally. Mr. Schwartz expressed concern that an issue which has broad and long- term policy implications for this entire City, and is a clear cut issue for community involvement, has almost gone unnoticed with no community noticing, publicity, and very little Council involvement. Based on his interpretation of the City Engineer's memorandum, he felt it to be a very serious oversight that the Traffic Authority already has a preliminary reading on a policy issue, from staff, without Council involvement. Mayor Clevenger disagreed with Mr. Schwartz's interpretation of the City Engineer's memorandum as a policy statement. She directed staff to provide the necessary information after which Council will respond. Councilmember Moyles criticized the cavalier discussion and said that a decision not well-founded on facts cannot be sustained by other Councils. He said this Council needs to have time to do a good job in making a decision and that if Council plans to entertain the notion of a wider bridge that a public hearing will be held. He also indicated that he would notify the Traffic Authority staff in his capacity as a Traffic Authority Director to halt work on the bridge design. Mrs. Jennifer Karate, 13861 Raven Court, stated that the residents want a delay in the decision until more information can be received. She said that residents want to preserve the nature of Quito Road as much of Quito Road may be historical and that she is happy to see there will be a delay. F. Ordinance HP-17 designating Villa Deodara at 20330 Saratoga-Los Gatos Road as a Heritage Resource ANDERSON/MOYLES MOVED ADOPTION OF ORDINANCE NO. HP-17 DESIGNATING THE PROPERTY KNOWN AS VILLA DEODARA AT 20330 SARATOGA-LOS GATOS ROAD (APN 517-11-003) AS A HERITAGE RESOURCE. Passed 5-0. 7. NEW BUSINESS A. Park Master Plan and Trail Master Plan In response to a question from Mayor Clevenger, Mr. Trinidad said that the 'Open Space Survey will be utilized by the consultant as one of their source documents. Mr. Peacock stated that, as is general practice, the final agreement will be ?~ntea ~n Council for approval. ANDERSON/MOYLES MOVED TO APPROVE FUNDING IN 1990-91 BUDGET AND CHOICE OF CONSULTANT, WALLACE, ROBERTS AND TODD, AS RECOMMENDED BY PARKS AND RECREATION COMMISSION; DIRECT STAFF TO NEGOTIATE AGREEMENT. Passed 5- 0. B. Roberti-z,Berg-Harris funding Mr. Peacock referred to the Report Summary and recalled Council's discussion and agreement at last night's meeting to change the designation for use of this money from using it for the Kevin Moran City council Minutes 14 May 16, 1990 park and instead apply it to the design of the Beauchamps park. Mr. Bill Sheridan, 1976 Alisa Avenue, objected to the diversion of funds fromiKevin Moran Park. He said the Parks Commission just had a meeting=regarding improvement of the Kevin Moran Park wherein it was the consensus that Scully Road be widened because it has been an accident problem for 17 years. He said Kevin Moran Park has been in line for improvement for the last five years and that Council shouldn't have told the community that and then changed it. He said the street isstill a problem and suggested that the problem be corrected from the Parks Department funds and from Streets Department funds. Councilmember Anderson felt Council must make sure the street mentioned is. fixed. 2 CLEVENGER/STUTZMAN MOVED APPROVAL OF PARKS AND RECREATION COMMISSION RECOMMENDED USE FOR 1989-90 AND RESOLUTION NO. 2657 APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI-Z'BERG-HARRIS URBAN OPEN SPACE AND.RECREATION PROGRAM FOR DESIGN OF THE NEIGHBORHOOD PARK AT .. BEAUCHAMpS. Passed 5-0. C, Budget resolution Mending advanced planning program contractual services to accommodate architectural services utilized to prepare master plan alternatives for the Odd ~ ~- Fellows Site In;responSe toMr. Schwartz regarding the fact that there is no record in the Minutes of Council Meetings for approval of this expenditure of funds, and;yet the funds were spent, Mr. Peacock agreed that a mistake had been=~ade. However,.he stated that as the Minutes indicate, time e' was of th@ essence and staff wanted to get the work done. There was no-way to know. in advance how much money was going to be involved and this wasT~ulfilling a City purpose, not necessarily for the benefit of a. partiCular property owner. He said it is the City's intention that before the;City signs off on any development work being done, that any costs incurred by the City for designs be repaid. Mr. SchWartz thanked staff for their explanation and said he will continue to oppose plans for expansion of that property. He requested i- Council to let the neighborhood know if expansion plans are to be actively considered. He reiterated that he believes the minimum .requirements for noticing meetings via newspapers do not work very Well~ Thecity must recognize that if it wants to serve the residents. Council acknowledged the letter from Richard Oliver, Dividend DevelOpment, 3600 Pruneridge Avenue., Santa Clara 95051, regarding Senior Citizen Facility at Odd Fellows, and deferred reply until report . is received from the Planning Commission. PETERSON/ANDERSON MOVED APPROVAL OF RESOLUTION NO. 2575.18 INCREASING APPROPRIATIONS AND AMENDING THE FY-1990 BUDGET. Passed 5-0. 9. CITY COUNCIL ITEMS A. Discussion of Appointment to School District Funding Committee · CLEVENGER/STUTZMAN MOVED APPROVAL OF CHRISTIE JAMISON AS REPRESENTATIVE TO THE NEWLY FORMED.SCHOOL DISTRICT FUNDING COMMITTEE OF THE SARATOGA UNION HIGH=~SCHOOL DISTRICT. Passed 5-0. NEW'~BUSINES8 · "' D. Legislative Alert , !.~ Mr. Peacock reported that a fax of a Legislative Alert was received on - Monday past, regarding AB 2766 (Sher). This Bill would place a 'surcharge on license fees to help fund programs to implement the Clean. Air Act.. He explained the implications of this Bill. The · recommendation is to oppose this Bill unless it is amended. ' MOYLES/bETERSON MOVED TO DIRECT THAT STAFF SEND A LETTER TO ASSEMBLYMAN BYRON SHER STATING THAT SARATOGA HAS TAKEN A POSITION TO OPPOSE AB2766 City council Minutes 15 May 16, 1990 UNLESS IT IS AMENDED TO INCLUDE A 40% ALLOCATION TO LOCAL CITIES AND COUNTIES IN THE BAY AREA QUALITY MANAGEMENT DISTRICT. Passed 9. CITY COUNCIL ITEMS B. Schedule for Upcoming Meetings Following discussion, CONSENSUS TO ACCEPT THE SCHEDULE EOR UPCOMING MEETINGS. C. Reports from Individual Councilmembers Clevenger ~ regarding Mr. Guthrie~s concern with the lack of sound wall at his property, Mr. Perlin said he would contact Mr. Guthrie to inform him that the construction of sound walls will begin on Monday. Clevenger - objected that the Traffic Authority never informed Council regarding what was decided on the issue of the height of the sound walls along the freeway. Councilmember Moyles indicated there has been a miscommunication regarding what was told to the neighbors and what the Traffic Authority staff is prepared to recommend. He said this is not a resolved issue. 10. ADJOURNMENT Mr. Peacock reported there is nothing to report on potential litigation concerning Draft Environmental Impact Report for E1 Paseo Redevelopment prepared by City of San Jose and on illegal grading, clearing and tree removal on Cocciardi/Chadwick development, Tr. 7770. The meeting was adjourned at 11:40 p.m. to May 29 at 7:30 p.m. for meeting with Finance Committee to review Operating Budget and Capital Improvement Budget. Respectfully submitted, Minutes Clerk SESSION OF MAY 141 1990 NOTES Review of bicycle path maintenance Look at putting maintenance on pavement management type basis. Conclusion: Put $ in budget but look at plan prior to spending. 2. Road Permit Ordinance Conclusion: Staff recommendation. Cost recovery--not oppressive. 3__. Violation of codes and environmental damaqe by developers Establish timeline. League resolution process. Coordinate with legislatorS. Conclusion: Refine areas--per memo. Gather support/interest from other cities--CityLink Local cities association. Morgan & Quackenbush. 4__. Develop a list of candidate ~reas for inclusion Landscapinq and Liqhtinq Assessment District Re-examine going forward on City initiative. Conclusion: Saratogan article--feedback, community mailing list; 4-5 months to judge community response. High priority to do this. Only areas that are part of a development. Identify neighborhoods that want it. 3-4 years. 5. Household Hazardous Waste Collection County position? Toxic surcharge, 4 times/year. Community effort--educate. $10/year household? $80,000/year. Publicity--what is hazardous. Conclusion: Report back, more than one time, location. 6. Emerqency Preparedness a. Dedicated EOC How much space needed: square feet. Storage cabinets--wheels. Agreement on need for space. Set up space in Senior Center. Include in new design. b. Radio station Proceed alone--don't lose time--aggressive approach. Join with Saratoga Fire? Conclusion: go forward with best deal possible. ' .Full amount in budget. City Council Minutes Page 2 May 14, 1990 c__. Neighborhood Watch Neighborhood coordinator - Sunnyvale. Find existing framework; e.g. homeowners groups. Worthwhile goal. Staff--volunteer--committee. Conclusion: Public Safety Commission will continue to work this with staff, report in 6 months--costs, personnel, etc. -'d__. Training in schools .' Work with schools per recommendation. el EOC office--see a. f~ Ham coordination--continue. g. Telephone system Reconfigure system. · · Conclusion: " Budget for phone upgrade. ' h'__. Staffing Not urgent to increase. 7__.Oak Tree Preservation and Planting Program Conclusion: ?Accept, add public hearing Parks and Recreation Commission (Well publicized). 8__- C~eate on-line computer link between realty office an~ City records on property. Date entry problem. Conclusion: =Talk to Realty Board--cost sharing. 3-4 years using volunteers. 9.__CSO position Conclusion: Implement recommendation. 10.· Develop Integrated Solid Waste Management Plan Get ~tudy done, develop program--yard waste. Restructure for source reduction. Conclusion: Fund study from General Fund in budget. 11. Increase Staff to handle new regional- environmental , programs, to work on development monitoring and to interface with freeway project construction Office space/clerical? Conclusion: Budget for position. Look at space in June. CityCCounCil Minutes Page 3 May 14, 1990 12. Need for master plan for an irrigation system at Hakonp Gardens Conclusion: Capital budget--staff to estimate cost. Start now. 13. Support for the Performing Arts Wise use of tax dollars? Funding formula. Expand Community Support budget? General policy--relevant to co~Lmunity. Conclusion: Budget $10,000; fund on calendar year basis. Staff develop policy. 14. Perform a seismic safety analysis on the Berrocal Fault Up standards closer to fault? What do other cities do? Conclusion: Consider options of what to do with building standards. Investigate increase in seismic standards. 15. Increase Transit Assist and better public transportation service. Conclusion: Continue to agitate, build political support. 16. Limit huge mansions in hillsides Conclusion: Play with some options. 17. PrOmote the creation of: a. Community Band West Valley College working on idea. Craig Northrup. Conclusion: Wait for group to come to City. b_L. Community Garden Club No support. 18. Updating of Communication Action Plan Agenda outline on Channel 6. Saratogan six times/year--new look. Intelligent public relations. See other cities' materials. Respectfully submitted, Harry R. Peacock City Clerk