HomeMy WebLinkAbout07-05-1990 City Council Minutes MINUTES
SARATOGA CITY COUNCIL
TIME: Thursday, July 5, 1990 7:00 (note early starting time)
PLACE: Civic Theater, 13777 Fruitvale Ave.
TYPE: Regular Adjourned Meeting
1. ROLL CALL
The meeting was called to order by Mayor Clevenger at 7:00 p.m.
Councilmembers Present: Stutzman, Anderson
Councilmembers Absent: Peterson and Moyles
Councilmembers Elect Present: Monia and Kohler
2. ACTIONS IN CONNECTION WITH 1990 REGULAR MUNICIPAL ELECTION
A. Report of City Clerk on Official Canvass of Ballots from
Registrar of Voters
The city Clerk reported on the declaration of election results
transmitted by George A. Mann, Registrar of Voters noting the number
of votes received by each of the candidates.
B. Resolution Approving Official canvass and Results Thereof
ANDERSON/STUTZMAN MOVED TO ADOPT ~ESOLUTION 2666. Passed 3-0.
C. Administration of Oath of Office
The City Clerk administered the Oath of Office to Willem Kohler and
Victor Monia and congratulated them on their election.
D. Reorganization of City Council
City Clerk Peacock declared the office of the Mayor vacant and
requested nominations for the office.
Councilmember Kohler nominated Councilmember Stutzman, who accepted
the nomination. There were no further nominations.
ANDERSON/MONIA MOVED TO CLOSE THE NOMINATIONS. Passed 5-0.
KOHLER/ANDERSON MOVED THAT DR. F.L. STUTZMAN TAKE THE OFFICE OF MAYOR
OF THE CITY OF SARATOGA FOR THE NEXT YEAR. Passed 5-0.
The City Clerk congratulated Mayor Stutzman.
Mayor Stutzman opened nominations for the office of Vice Mayor.
Councilmember Monia nominated Councilmember Kohler, who accepted the
nomination. There were no further nominations.
MAYOR STUTZMAN DECLARED NOMINATION8 CLOSED.
MONIA/ANDERSON MOVED THAT WILLEM KOHLER SERVE AS VICE MAYOR OF THE
CITY OF SARATOGA. Passed 5-0.
Mayor Stutzman expressed appreciation to Councilmembers Clevenger and
Anderson for their past service to the Council. Further, he stated
that City Council meetings will be conducted under Roberts Rules of
Order and that speakers are to direct their comments through the Mayor.
The City C~unCil meeting was recessed at 7:12 p.m., and reconvened at
7:30 p.m., with all members present.
E. Resolution on Council Liaison Appointments for 1990-91
Mayor Stutzman noted the Councilmembers appointees to various
committees, commissions and agencies, as follows:
- Association of Bay Area Governments - Stutzman
- Community Access TV Board - Monia
- County HCD Policy Committee - Clevenger
- County Transportation Commission - Anderson
- Hakone Foundation Liaison - Clevenger
City Council Minutes 2 July 5, 1990
- No. Central [lood Control Advisory Board - Stutzman
- Santa Clara Valley Water District - Anderson
- Santa Clara County Cities Association - Clevenger
- Sister City Liaison - Clevenger
- Stadium Joint Powers Authority - Clevenger
- Traffic Authority Policy Advisory Board - Anderson
- Transit Assist JPA Board - Stutzman
- SASCC Liaison - Stutzman
- West Valley Sanitation District - Clevenger
City Manager Peacock and Mayor Stutzman discussed the Intergovernmental
Council and the Peninsula Div., League of California Cities. The
following appointments were suggested:
- Intergovernmental Council - Clevenger
~ Peninsula Div., League of California Cities- Stutzman
Councilmember Anderson asked if anyone would be interested in Traffic
Authority Policy Advisory Board which meets at 4:30, monthly and
usually lasts an hour. Councilmember Clevenger stated that she
believes Ms. Anderson is the best representative to this Board.
CLEVENGER/MONIA MOVED TO ADOPT RESOLUTION NO. 2667 APPOINTING
COUNCILMEMBERS TO VARIOUS COMMITTEES, COMMISSIONS AND AGENCIES. Passed
5-0.
3. ROUTINE MATTERS
A. ~Approval of Minutes - June 20, 1990
Councilmember Anderson asked about the discussion on the skate board
park, since she was unable to attend the meeting, and requested a time
certain for the Skateboard Park Hearing.
The City Manager stated that he would prefer to wait until school is
back in session in September to set a time certain for the Public
Hearing.
CLEVENGER/MONIA MOVED TO APPROVE THE MINUTES OF JUNE 20, 1990, AS
SUBMITTED. PasSed 5-0.
B. Approval of Warrant List
ANDERSON/MONIA MOVED TO APPROVE THE WARRANT LIST. Passed 5-0.
Councilmember Monia requested that he receive the policy guidelines
'relative to the car allowances and uniforms provided to employees.
City Clerk Peacock noted Mr. Monia's request.
C. Report of City Clerk on Posting of the Agenda
The City=Clerk stated that pursuant to Government Code 54954.2, the
agenda fo~ this meeting was properly posted on June 29, 1990, and
.notice of adjournment from the June 20, 1990, meeting was properly
posted2
4. CONSENT CALENDAR
A. Planning Commission Actions, 6/27 - Noted and filed.
'B. Gra~t of easement to P.G. & E. for installation -of
underground utilities in Underground Utility District #7
C. Authorization for staff to seek proposals to design Hakone
Gardens Water Service and Irrigation System
D. Approval of Contractto retain Wallace, Roberts and Todd
for Parks and Trails Master Plan
CLEVENGER/MONIA MOVED TO APPROVE THE CONSENT CALENDAR. Passed 5-0.
City Manager Peacock discussed Item 4C regarding changes to State Law
relating to the content of requests for proposals for irrigation and
City Council Minutes 3 July 5, 1990
water systems.
Mayor Stutzman directed Mr. Peacock to keep the Council apprised of
new information as it becomes available.
5. COMMUNICATION FROM COMMISSIONS AND THE PUBLIC
A. ORAL COMMUNICATIONS
Gene Zambetti, 14510 Big Basin Way, representing John Lonico and Mr.
Calli, addressed the Council regarding a stop-work order placed on the
Florentine Restaurant. He distributed a letter addressing the
replacement of an exhaust fan and requested the City's patience during
this expansion. Further, he requested that this letter be made a.part
of the file. Mayor Stutzman stated that it would.
Councilmember Kohler requested that Mr. Zambetti provide the
Councilmember with information prior to the Council meeting.
Mr. Aaron Katz, P.O. Box 116, discussed mitigation measures for Highway
85 previously promised by the Traffic Authority. He stated that the
Traffic Authority misled the public by leading them to believe that
they would have a say regarding a 16 foot soundwall near Bonnet Way.
Councilmember Kohler referenced a letter from the Traffic Authority
denying a higher soundwall and asked about the representative from
Campbell, Michael Kotowski.
Councilmember Anderson asked that this issue be agendized and requested
that Mr. Kotowski attend the meeting.
City Manager Peacock noted a letter received from Mr. Pontenberg with
the same comments. He further stated that the item has already been
agendized and that he will contact Mr. Kotowski to see if he will
attend.
Councilmember Clevenger suggested that the Council meet and confer
relating to how this City should respond before asking Mr. Kotowski to
come. She explained that Mr. Kotowski represents seven cities.
Council Anderson reminded the Council of pledges made to the City of
Saratoga by the Traffic Authority.
Mayor Stutzman directed Mr. Peacock to write a letter to Mr. Kotowski
relating the Council's concern, and in the mean time the Council will
meet and discuss the issues that require appropriate action.
Councilmember Kohler suggested writing an aggressive letter to the
Traffic Authority expressing these concerns and opposition to SB 209.
Mayor Stutzman requested that Mr. Kohler draft the letter regarding
soundwalls.
Councilmember Monia suggested that a public meeting be held to acquire
input relating to determining the exact location of 16 foot soundwalls
and what exactly is desired. Councilmember Anderson concurred.
Mayor Stutzman summarized that the Traffie Authority is not responding
to the mitigation issues requested by the citizens and that a public
hearing is in order. He further zuU~czted that noticc be sent to the
appropriate citizens.
City Manager Peacock indicated that information had already been
provided to the community and that the community had responded
negatively to the reply from the Traffic Authority.
Councilmember Kohler noted that public meetings have been held and the
community has spoken and he will support the citizens.
Mayor Stutzman cautioned the City Council that if more meetings and
public hearings are held the Traffic Authority will take the position
that Saratoga has waited too long to have these issues addressed. He
suggested that a letter be transmitted to the Traffic Authority asking
City Council Minutes 4 July 5, 1990
them to justify denying the promises that they made to the community.
He directed Councilmembers Anderson and Kohler to meet and confer
relating to the letter and suggested that the letter contain public
comments received by the Council.
Councilmember Kohler asked to have a time certain set for public
hearing.
Mayor Stut~man asked that the public hearing be set for August 1st to
provide adequate notice to the residents along the corridor.
Councilmember Anderson asked that the public be informed as to the
exact location and height of the soundwalls.
Cheriel Jensen addressed the Council and discussed the CEQA
requirements.; that changes made in a proposals and upon receipt of new
information requires that an additional Environmental Impact Report be
prepared. She noted that certain issues were not received from the
public, such as flood reports, effect on underground water flow, and
biologica! effects of power lines on neighboring properties.
Discussion ensued between Councilmember Kohler, the City Attorney, the
City Clerk and Councilmember Clevenger relating to a lawsuit filed
regarding CEQA and the environmental impact of the freeway. The City
Attorney will provide information regarding these lawsuits.
Councilmember Clevenger related information regarding a lawsuit filed
by the Sierra Club against ABAG and the Air Quality District for not
enforcing standards for a non-attainment area and the suit has been
settled for'this area. The impact relative to Highway 85 is unknown
at this time.
Councilmember Monia asked if any violations regarding construction have
occurred to date, and the City Manager stated the he has not seen any
violations. He noted that the representative from the Traffic
Authority did state at a community meeting, that the community would
be provided with higher soundwalls and that upon his discussion with
Mr. Kempton, Mr. Kempton noted his surprise that this representation
was made,
Mayor Stutzman requested that the contract be transmitted to the
Councilmembers.
Councilmember Anderson concurred with the City Manager that the implied
understanding that the community interests would be addressed.
Steve de Keczer, 13415 Pierce Road, discussed the proposed widening of
Pierce Road. He noted that in order to preserve certain trees along
the road the plans were changed to show a two foot widening rather than
=a four foot widening and he felt that this would not solve the problems
since the road would remain winding and dangerous.
Further, Mr. de Keczer suggested that a fee be required from each new
house built In the area to pay for road improvements, in the form of
development fees.
Councilmember Kohler requested that neighboring residents be informed
regarding what the proposed plans are and suggested that a "caution"
sign be place in the area.
Councilmember Monia asked what the cost would be for a safety barrier.
~The city Manager stated that the City is currently seeking bids for the
project and it will be charged against the developer of Tract 7770 in
the amount of approximately $30,000.
Larry perlin, city Engineer, noted that the barrier in front of Mr. de
Keczer's home is approximately 100 feet long and that further down the
road near the bridge at Sara Hills Drive there will beanother barrier
constructed approximately 100 feet long.
Councilmember. Monia asked when the construction will be complete.
City Council Minutes 5 July 5, 1990
City Manager Peacock noted that the approved plan does not specify who
will pay the fees and noted that it would be difficult to get the
developer to pay for road, however, he did supply the design work.
Councilmember Monia discussed the specific wording of the contract
relating to repairs, and whether the plans indicate repairs of the
road.
City Manager Peacock noted that the General Plan does not specify the
expenditure of funds for those improvements, but the ordinance does
allow funding for building the SW/NE road and the bridges. Further,
he noted that the Council will have to ~ook into this relative to open
space, sphere of influence and review of the circulation policy. He
noted an inconsistency connecting certain roads that would require a
road be built across a canyon.
Mr. Peacock addressed the issue relating to liabilities surrounding
placement of signs and cautioned the Council against it.
Dora Grens, 13451 Old Oak Way, addressed the Council concerning the
unsafe conditions in this area as follows:
- curbs
- dump trucks travelling down the road
- no traffic control in the vicinity
She requested that patrols be placed on the hill.
Councilmember Kohler noted that although he is uncomfortable with
comments regarding liabilities associated with placement of signs, he
suggested that language on the signs be changed in some way.
Mayor Stutzman suggested the following wording: "This road is used by
joggers, bicyclists, and motor vehicles." He asked the City Attorney
to comment on whether this would address the liability aspect.
City Attorney stated that a sign designating who uses the road would
not'carry a liability.
City Manager Peacock informed the Council that typically these matters
are referred to Public Safety Commission for review and then a
recommendation is made to the Council.
Councilmembers Monia and Anderson requested that the "middle-man" be
cut out and requested that the report be returned to the City Council.
Mayor Stutzman asked if there was consensus of the Council and the
Council expressed agreement.
B. WRITTEN COMMUNICATIONS
Mr. Peacock noted a letter from the Mayor of Cupertino addressed to
Councilmember Anderson relating to the process of selecting a person
to serve on the Congestion Management Planning AGency as it is
formulated.
6. OLD BUSINESS
Representation to Congestion Management Planning Agency
from West Valley Cities
Councilmember Anderson stated that an issue discussed was how the
person would be appointed; rotation of cities; choosing a person to
represent West Valley cities; rotation based upon population; and that
the selection process is to be decided by August 1st.
Councilmember Monia suggested that Saratoga not participate in
congestion management planning at all, since Saratoga would be giving
up its right to be represented due to the large population of the City
of San Jose. He stated that each city should have one vote.
Councilmember Anderson discussed the politics involved in non-
City Council Minutes 6 July 5, 1990
participation, including loss of tax monies. The City Manager
approximated the tax loss would be $220,000 a year upon full
implementation of the gas tax increase.
Councilmember Clevenger suggested that one person be selected to
represent all five cities.
Councilmember Monia affirmed his position that this is an issue of
erosion of~the City's self-governing rights; long term ratification is
frightening; the process is un-American destroying equal rights for
cites; and noted ~hat his vote is not for sale.
~ouncilmember Kohler asked if the State could "black mail" cities into
partieipation·
The City Attorney discussed the question and suggested bringing the
CoUncil an in-depth report.
The City Manager noted that the State is requiring that this agency be
formed and. described processes used by other counties in the state.
He s~ated that the State is requiring that cities comply with the plan,
not to participate in the process. In response to Mr. Monia's remarks,
he suggested that if nonparticipation is the desire of the Council it
would be proper to rescind the resolution approving the formation of
the agency, noting opposition to the way the organization is being
structured.
DiScussion ensued regarding this issue.
Mr. Schwartz addressed the Council and asserted that the only way that
the City Would lose money would be if the County did not conform to the
State law at all or if the City does not conform to the rules at all
as stated by the City Manager.
CouHcilmember Clevenger expressed concern regarding not having any say
when it comes to projects proposed along the City's borders.
Councilmember Anderson concurred.
CLEVENGER/ANDERSON MOVED THAT COUNCILMEMBERANDERSON ATTEND THE MEETING
.AND EXPRESS THE CONCERNS VOICED HERE TONIGHT, AND REPRESENT SARATOGA
IN.THE SELECTION PROCESS. Passed 3-2 (Kohler and Monia opposed).
Councilmember Anderson asked for suggestions from the Council on how
a representative is chosen. Councilmember Clevenger preferred that a
specific peryon be appointed.
'CLEVENGER/ANDERSON MOVED THAT A SPECIFIC PERSON' BE SELECTED TO
REPRESENT ALL FIVE CITIES. Passed 3-2 (Kohler and Monia opposed).
IThe City Manager discussed the action in relationship to the other
cities in the West Valley. Further discussion continued.
7. NEW-BUSINESS
A. Resolution establishing a Risk Management Policy
The City Manager reported On establishin~ a risk management policy.
Mayor Stutzman asked what a risk management expert is. Mr. Peacock
explained that a risk management expert is a person trained in the
-field of liability recognition who advises on ways to manage such risk,
Mayor stutzman asked what the cost to the City would be; Mr. Peacock
responded that the cost would be in the range of $2-3,000 every other
year. The Mayor asked staff for a periodic report.
'Councilmember Kohler noted his confusion regarding how to recognize an
'expert and what.the process is to select consultants. The City Manager
explained that a consultant is selected by ABAG Plan Corporation
through a request for proposal which solicits competent firms to
perform such work.
CLEVENGER/MONIA MOVED TO ADOPT RESOLUTION NO. 2668 ESTABLISHING A RISK
MANAGEMENT POLICY. Passed 5-0.
City Council Minutes 7 July 5, 1990
B. Ca1 ID Contract, Fiscal Year 1990-91 - Second Amendment
Mr. Peacock reported on the Cal ID Contract which is an existing
agreement between 15 cities and the county regarding automated
fingerprint identification and will tie in with the State of
California.
MONIA/ANDERSON MOVED THAT THE HAYORAND THE CITY ATTORNEY BE AUTHORIZED
TO EXECUTE THE SECOND AMENDMENT TO THE CAL ID CONTRACT FISCAL YEAR
1990-91. Passed 5-0.
C. Resolution Renewing City Attorney Contract
Councilmember Anderson moved, and the motion was seconded by
Councilmember Clevenger, that Resolution 2669 renewing the City
Attorney's contract be adopted.
Councilmember Monia requested that the City consider opening up the
process once again to investigate using other firms. He noted that he
has no problem with the current contract but that he as a new
Councilmember has certain criteria that he would like to interject.
He'moved to amend the motion to retain the current contract with
Atkinson-Farasyn for legal services on a month-to-month basis.
The motion was seconded by Vice Mayor Kohler. The amendment to the
motion was approved by a 3-2 vote, Councilmembers Anderson and
Clevenger opposed. The vote on the motion was passed 5-0.
D. Plan of Execution - Law Enforcement Services Contract,
Fiscal 1990-91
The City Manager reported on the Law Enforcement Services Contract,
noting that the contract is the same as it was last year.
Councilmember Anderson asked for an annual report on the DUI (Driving
under the Influence) Program.
Mr. Peacock informed Mrs. Anderson that an annual report was presented
to the Council recently as part of the Public Safety Commission report.
Councilmember Anderson requested that she be given the opportunity to
review the minutes of these meetings in the future and follow up
relating to how the program is working.
Councilmember Kohler noted that the contract included a dedicated
officer plan, and expressed concern relative to the responsiveness of
the police force.
Councilmember Monia asked that staff investigate the possibility of
establishing the City's own police organization. Discussion ensued
relating to this suggestion.
Mayor Stutzman directed staff to investigate and return with a report
on the agenda in two or three months.
CLEVENGER/ANDERSON MOVED THAT THE CITY MANAGER APPROVED THE PLAN AS
SUBMITTED BY THE SHERIFF'S DEPARTMENT. Passed 5-0.
8. PUBLIC HEARINGS
There were no public hearings.
9. CITY COUNCIL ITEMS
A. Limiting Terms of Office for city Council
The City Attorney discussed the inability of General Law cities to
limit terms of office to two terms based upon a 1989 appeals court
decision. Discussion ensued between Councilmember Kohler and the City
Attorney relating to State initiatives. The report was accepted.
B. Reports from Individual Councilmembers
City Council Minutes 8 July 5, 1990
Councilmember Kohler requested that the following items be agendized
for future City Council meetings:
- ability to bring forward issues previously approved by the
Planning Commission
- reducing massive homes on the hillsides
- requested that appropriate notice be provided announcing study
sessions
MONIA/ANDERSON MOVED THAT LIMITING MASSIVE HOMES ON THE HILLSIDES BE
AGENDIZED FOR COUNCIL REVIEW. Passed 5-0.
Mr. Peacock! informed Mr. Kohler that the Planning Commission and the
City Council will hold a joint study session in October.
Councilmember Anderson asked that the item be agendized for July 24,
1990, allowing time for Council review prior to the joint meeting with
the Planning Commission.
Councilmember Monia made the following requests:
- that City Council meetings follow a regular schedule, and
· .rIspecified the upcoming open space hearing and proper public
notice
- agendize possibility of forming a special committee to
investigate what happened to the Cocciardi property
within 60 days
Discussion ensued relative to public notification for the open space
'issue.
Councilmember Clevenger asked the City Engineer about the incident on
Via Real and Cox Road relating to rocks.
Mr. Perlin noted that he was aware of the incident and that the
Situation is being taking care .of; that a second inspector has been
brought in to investigate. He suggested that the types of street
treatments be reviewed prior to the letting of a contract for next
~ear.
'Further, .Councilmember Clevenger noted that the City of Santa Clara is
going to require more funding for the stadium project; that their
budget will not meet the needed capital; and, that the issue will be
on the ballot. She requested an amendment to the Joint Powers
Agreement be agendized for the next City Council meeting.
Councilmember Anderson discussed a letter from Mrs. Benson wherein she
informed the Council that when she dialed 911 a response did not arrive
for 25 minutes] She requested that this letter be referred to the
Sher-iff's Department.
.Councilmember Kohler requested that the City provide nicer coffee pots,
as well as decaffeinated and regular coffee for the meetings. This item
to. be agendized for August 1, 1990.
10.- ADJOURNMENT
The meeting adjourned at ll:001p .m. to closed session to discuss
potential litigation concerning the Draft Environmental Impact Report
for E1 Paseo de Saratoga, the illegal gra~ing and clearing of tree
removal on the Cocciardi/Chadwick development, and Tr. 7770 and'Pool
vs. City of saratoga, et al., subsequently adjourning to the City
Councilmeeting of July 10, 1990, at 6:00 p.m.
'Respectfully submitted,
KaronShaban
Minutes Clerk