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HomeMy WebLinkAbout08-27-1990 City Council Minutes SARATOGA CITY COUNCIL TIME: Monda.v, August 27, 1990 - 7:30 p.m. PLACE: Community Center Senior Wing, 19655 Allendale Avenue TYPE: Special Meeting 1. ROLL CALL 2. INTERVIEWS WITH APPLICANTS FOR OPEN SPACE TASK FORCE 8:00 p.m. - Regular Meeting Councilmembers Anderson, Kohler, Monia, and Mayor Stutzman present. Council- member Clevenger arrived as noted below. 3. CEREMONIAL ITEMS A. Resolution No. 2677 appointing Jennifer Crotty and Donna Miller and reappointing Mark Pierce to Parks and Recreation Commission ANDERSON/MONIA MOVED TO ADOPT RESOLUTION NO. 2677. Passed 4-0. (Clevenger absent.) B. Administration of Oath of Office to above Mr. Harry Peacock, City Manager, administered the Oath of Office to Ms. Crotty, Ms. Miller and Mr. Pierce. C. Resolution Nos. 2678 and 2679 commending Roger Clemens and John Saunders for services on Parks and Recreation Commission MONIA/ANDERSON MOVED TO ADOPT RESOLUTION NOS. 2678 AND 2679. Passed 4-0. (Clevenger absent.) Mayor Stutzman read and presented the resolution to Mr. Clemens. Mr. Saunders was not present. 4. ROUTINE MATTERS A. Approval of Minutes - August 1 and August 7, 1990 On Page 15 of the August 1 Minutes, Councilmember Monia recalled that a vote was taken on the motion in the third paragraph which was not reflected in the Minutes. He requested that the Minutes be corrected accordingly. Councilmember Monia corrected the Minutes on Page 16, second paragraph under item 6G to reflect that it was he and not Councilmember Clevenger who made the suggestion. He deleted the second sentence in the same paragraph as he felt the discussion was not clearly documented. He recalled he had spoken in support of using the Warner Hutton House as City office space and felt the City Manager's office should remain at City Hall. Later in the meeting, Councilmember Clevenger deleted paragraph 5 on Page 7 ~hich begins "Councilmember Clevenger informed Ms. Caldwell MONIA/ANDERSON MOVED TO APPROVE THE MINUTES OF AUGUST 1, 1990 AS AMENDED. Passed 4-0. (Clevenger absent.) (Clerk's note: Councilmember Clevenger arrived at 8:10 p.m.) Councilmember Kohler corrected the Minutes of August 7 on Page 13, paragraph 13 to reflect that he also discussed and agreed with the issue of adding square inches to the larger tree sizes. On Page 16, Councilmember Anderson deleted paragraphs 2 and 3 under item 9B as she felt the discussion was not clearly documented. She recalled that the discussion referred to the 1988 election and had commented that Council supported SB209 because of intervention by a Los Gatos Councilmember in Saratoga's election process regarding the interchange issue. Councilmember Clevenger commented that the Minutes are too lengthy and she believes they are supposed to be summary Minutes only. City Council Minutes 8/27/90 Page 2 Later in the meeting,,Councilmember Cloverigor corrected Page 9, paragraphs 3 and 4, to reflect that it was she and not Councilmember Anderson who spoke and ~that it was Councilmember Anderson who concurred. At the bottom of that page, reference should be Los Altos not Los Gatos. CLEVENGER/ANDERSON MOVED TO APPROVE THE MINUTES OF AUGUST 7 AS AMENDED. Passed 5-0. B, Report of City Clerk on Posting of Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on August 24. 5. CONSENT CALENDAR A. Planning Commission Actions, 8/8 - Noted and filed. B. Parks and Recreation Commission Minutes, 7/2 - Noted and filed. C. Saratoga Community Access Cable TV Foundation Board of Directors Meeting Minutes, 7/17 - Noted and filed. D. Heritage PreserVation Commission Minutes, 6/20 - Noted and filed. E. Public Safety Commission Minutes, 8/13 - Noted and filed. F'. Ordinance No. 71.83 providing for appeal upon initiative of City Councilmember from administrative decisions or decisions of the Planning CommisSion, with the associated Negative Declaration (second readingsand adoption) G. Resolution No. 2680 upholding Planning Commission DeciSion in GTE Mobilnet Appeal'heard 8/1 H. City Financial Reports 1) Treasurer's Report - July 2) Investment Report - July 3) Financial Report - July I. Resolution No. 2681 authorizing Mayor to execute Joint Powers Agreement on behalf of Saratoga to continue participation in Urban County Community Development Block Grant Program for 3-year Period FY 1990-93 Mayor Stutzman pulled item A from the Consent Calendar. KOHLER/ANDERSON MOVED TO APPROVE THE CONSENT CALENDAR WITH EXCEPTION OF ITEM A. Passed 5-0.. ~ Regarding item A, MayorZStutzman referred to Council's concern with some activity of a Planning Commissioner and questioned why the comments of a citizen regarding this issue were not included in the 8/8 Planning Commission Minutes. He felt that, 'from a public standpoint, such situations are important and should be'documented. He requested that a copy of those Minutes be sent to the Council. Mr. Harry Peacock, City Manager, said the Planning Commission'Minutes will continue to document th~ vote as to the application proposed and that in-depth discussion will not be documented. Discussion ensued regarding the importance of the manner in which all Commissioners address the general public so as not to restrict community involvement. Mayor Stutzman felt that Council and Commissioners should put personal feelings aside,~ deal strictly with the issues at hand and not bring personalities into matters. MONIA/CLEVENGER MOVED TO NOTE AND FILE CONSENT CALENDAR ITEM A. Passed 5-0. City Council Minutes 8/27/90 Page 3 6. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS 1) Col. E. T. Barco, 19101Camino Barc0, commented on recent incidents at Hakone Gardens, recommended that staff be directed to look into putting a pay telephone at Hal<one Gardens and that the Parks Commmission investigate ways to make the paths at Hakone more safe. Mr. Dan Trinidad, Director of Maintenance, reported a telephone is available in the caretaker's house but agreed with the sugggestion for a pay phone. Councilmember Clevenger reported that alternatives for improving the gravel paths are under discussion by the Hakone Foundation. 2) Mr. Bert Martel of 14420 Fruitvale, commented that Council's agenda packet is not being timely received ~t the Saratoga Community Library and the Senior Citizen Center. Mr. Peacock stated that distribution is a routine matter and pointed out that tonight is not a regular meeting night which could have contributed to the problem. Mayor Stutzman requested that staff look into the matter. B. WRITTEN COMMUNICATIONS 1) Memorandum from Planning Commission seeking policy direction regarding approval of second story additions. (Clerk's note: this item was heard after item 2.) Mr. Steven Emslie, Planning Director, reviewed the Memorandum from the Planning Commission. The Commission wishes to know if Council concurs with its second-story evaluation analysis detailed in the Memorandum or if policy modification is required to be consistent with Council's overall planning objectives. Lengthy discussion ensued wherein Council discussed what factors would determine whether or not second story conversions could be accepted in one- story neighborhoods. Councilmember Clevenger felt that one-story neighborhoods should remain as such. Mayor Stutzman said he believes neighborhood s should make their own determination which would take the burden off Council and the Planning Commission. Col. Barco supported the methods used by the Planning Commission, and urged Council adopt a policy that second-story additions not be permitted in predominantly one-story neighborhoods. Mr. Gene Zambetti, representing two groups of people both for and against two-story additions, suggested that Council look at the concept of having direct input from the homeowner's associations immediately following such a request and allow for a 24-day review period. He said it is very important for Council to know the Design Review Ordinance as it applies to two-story additions. Councilmember Monia discussed some of the difficulties encountered in requests for two-story homes and said he believes Council must conduct a more comprehensive study of the issue to develop a policy and coherent understanding of what the rules are. He agreed that Council should try to adhere to wishes of the neighborhood majority in such matters. Councilmember Kohler suggested that C6uncil prioritize the six items of concern listed by the Planning Commission in its memorandum to Council. Council discussed the matter of possible development of neighborhood consensus on the issue which could be recorded by staff for future leverage regarding appeals on two-story additions. Councilmember Anderson stated she is not at all comfortable with a homeowner association saying that it represents the entire neighborhood in a land use decision because many times that is not the case. Modification to CC & Rs requires at least a 3/4 vote which would show neighborhood consensus and the Planning Commission could be directed to observe those CC and Rs. Council could provide notice to the associations so that they in turn can notify their membership and could also specifically notice residents of the entire street to be affected by two-story additions. City CouncilMinutes 8/27/90 Page 4 Councilmember Clevenger felt that Council should continue to utilize its present ordinance which allows two-stories when the compatibility requirement is met and while preserving the integrity and character of existing neighborhoods. Mr. Emslie briefly discussed several ideas from staff which could be accumulatively packaged for future Council review. Mr. Peacock commented that various options Could be discussed later in the meeting. Councilmember Kohler said he firmly believes that the issue of precedence should not be taken int6 consideration in reviewing each case. Mr. Peacock pointed out that it is important for Council to remember that it must constantly take into consideration what type of precedent it may'set with any decision it makes. 2) Richard Dyer, 13464 Ronnie. Way, resigning from Library Commission Mr. Peacock reported that the law requires the vacancy to be posted for ten days and that it would be premature for Council to make a decision until that time has passed. KOHLER/MONIA MOVED TO ACCEPT THE RESIGNATION AND DIRECT POSTING OF NOTICE OF VACANCY, Discussion ensued regarding how replacements could be appointed. The above stated motion was voted on and passed 5-0. COUNCILMEMBER MONIA MOVED THAT STAFF BE DIRECTED TO DEVELOP A POLICY BY WHICH DURING THE SELECTION PROCESS OF APPOINTING ALL COMMISSIONERS THE PUBLIC BE NOTIFIED THAT, IN ADDITION TO THE APPOINTEE, A FIRST AND SECOND ALTERNATE WILL BE SELECTED TO FILL FURTHER VACANCIES WHICH MAY OCCUR WITHIN SIX MONTHS. There was no second to the motion. Following discussion, the above motion was modified as follows: MONIA/KOHLER MOVED THAT ~STAFF BE DIRECTED TO DEVELOP A POLICY BY WHICH DURING THE SELECTION PROCESS OF APPOINTING ALL COMMISSIONERS THE PUBLIC BE NOTIFIED THAT, IN ~j)DITION TO THE APPOINTEE, A FIRST AND SECOND ALTERNATE MAY BE SELECTED TO FILL FURTHER VACANCIES WHICH MAY OCCUR WITHIN SIX MONTHS. Councilmember Anderson expressed serious concern with the suggested policy stating that she would not want the public to hesitate to interview for the vacancies because they may be selected as alternates or not at all. She said she would be in support of a selection process which is utilized the same ws~v all the time· CounCilmember Monia with'drew his motion. CONSENSUS TO CONTINUE TO PROCEED WITH THE CURRENT SELECTION PROCESS. 7'. OLD BUSINESS A. Revising code to reduce allowable house size (continued from 8/1) Mr. Emslie reviewed the ]information in his memorandum in response to Council's finding that the house size limitations were overgenerous and its suggestion that the'meth'od used to discount slope areas from the calculations be explored. He re ewed scenarios showing the difference between the new calculation formula as e, ompared to the old. He suggested that rather than dealing with an average ,for a slope, that the actual land at 30% or more slope could be removed f, rom the formula. Councilmember Kohler commented that there is urgency to come to a decision on the matter and felt a new ordinance should be developed which addresses all of Saratoga on this matter. Councilmembers Anderson 'and Clevenger suggested a field trip be taken after the new standards have been developed to compare any differences. Councilmember Anderson said it would also be helpful to review what other communities may have already implemented. City Council Minutes 8/27/90 Psge 5 Col. Barco recommended that the issue of building size be referred to the planning staff and the Planning Commission to be studied with the many factors of hillside development and that the Commission hold a public hearing on this issue. He reported on a study he conducted regarding hillside developments which he will make available to planning staff and the Planning Commission. Couuncilmember Monia felt that a major step must be taken and suggested that Council agendize a discussion of whether or not Council should implement a six-month moratorium and allow staff time to present what the major concerns are. Council will then be on record that significant changes will be made. Mr. Peacock pointed out that although.Council can hold a public hearing and declare a moratorium, there may be difficulty in determining what exactly is being placed under the moratorium and Council's intent. He explained the new State law requiring strict justification for a moratorium. Discussion ensued regarding what areas might be included in the moratorium. Mr. Peacock pointed out that in 1986 staff devoted approximately one year to this issue and most of what the staff proposed got thrown out. He expressed concern and said he would not like to see staff resources used once again in such a manner. He felt that, with the exception of the issue of environmental continuity as mentioned by Col. Barco, staff could present the Council with information regarding concerns in approximately 30 days. CONSENSUS THAT THIS ITEM BE AGENDIZED FOR THE SEPTEMBER 19 COUNCIL MEETING. Mayor Stutzman declared a recess at 9:50 p.m. Upon reconvening at 10:10 p.m. the same Councilmembers and staff were present. 8. NEW BUSINESS In response to Councilmember Kohler's request that an alternate attorney be present at future meetings when City Attorney Hal Toppel is absent, Mayor Stutzman said that request will be looked into. A. Authorization forstaff to award contract on maintenance for t~pewriters Mr. Peacock recommended that the City Manager be authorized to enter into a maintenance agreement with OPT for the maintenance and repair of the City's typewriters, beginning September 1, 1990. Mr. Dan Trinidad, Maintenance Director, recommended the low bid of $917 be accepted and reported that the the City has been satisfied with the work done by that company. Discussion ensued. MONIA/KOHLER MOVED THE ABOVE RECOMMENDATION. Passed 5-0. B. Authorization for staff to award contract on maintenance for computers and peripherals. Mr. Trinidad recommended that the City Manager be authorized to negotiate a contract with either of the lowest bidders, Force Engineering or The Repair Company. Discussion ensued. MONIA/CLEVENGER MOVED THE ABOVE RECOMMENDATION. Passed 5-0. 9. PUBLIC HEARINGS - None. 10. COUNCIL ITEMS A. Reconsideration of support for SB209 Councilmember Kohler spoke in opposition to support for SB209 stating that he personally feels SB209 would curtail Saratoga's vote and influence, would leave decisions in the hands of Santa Clara County and added that the Transportation ~ency has not been responsive to Saratoga's wishes. He proposed that a letter be written to State Senator Rebecca Q. Morgan documenting Council's opposition to the SB209. City Council Minutes 8/27/90 Page 6 Councilmember Anderson said that Council strongly believed that Los Gatos had interi~ered in the election process because, before the election, Los Gatos spoke with Saratoga residents and led them to believe that if Saratoga voted for the interchange at Saratoga then Los Gatos would produce the Winchester interchange. Councilmember Clevenger .clarified that Saratoga residents voted that they wanted an interchange at Saratoga Avenue. Subsequently, Los Gatos indicated they were not sure they wanted an interchange at Winchester. Council became concerned regarding traffic impacts on Cox and Saratoga Avenue if the Winchester interchange is not constructed and felt that by supporting SB209 there would be no worry regarding traffic impacts in that area. Mr. Peacock read a portion of the text of SB209 regarding steps the County could take in the event of an impasse and in the absence of a freeway agreement if construction on the project had already commenced. Councilmember Clevenger ~clarified that Los, Gatos has subsequently agreed to the Winchester intercha~'ge but only under many conditions. CLEVENGER/ANDERSON MOVED THAT COUNCIL CONTINUE TO SUPPORT ITS POSITION IN FAVOR OF SB209. Failed i2-3. (Kohler, Monia and Stutzman voted no. ) KOHLER/MONIA MOVED THAT A LETTER BE SENT TO SENATOR REBECCA Q. MORGAN, WITH A COPY TO ASSEMBLYMAN CHARLES QUACKENBUSH AND SUPERVISOR DIANA MCKENNA, INCDICATING THAT COUNCIIL IS REVERSING ITS POSITION AND NO LONGER SUPPORTS SB209. Passed 3-2. (Anderson, Clevenger voted,no. ) B. Process to set UP citizens committee to investigate violations associated with Tract 7770 Councilmember Monia pres,ented a written draft of ideas for formation and membership of such a committee which includes five voting members to be citizens appointed by Council or recruited City-wide. Non-voting members would include a Councilm~ember, a Planning Commissioner and a staff member to provide guidance on how the committee would work within the present system. Areas the committee may be responsible for could include: detailing the sequence of events as relates to the issue; interviews with all parties involved; determine responsibility for the failure to detect early the violations that occurred; and recommend any changes in processing of permits, site inspections, and prbcedures. Authority of the committee could include the accessibility of all! relevant public documents. He recommended that the committee conclude its work in 90 days. Councilmember Anderson expressed concern that the City Attorney is not present to review and comment upon the draft. She felt his review is important because of current litigation in'the matter. She felt the matter should be brought back for discussion. Mayor Stutzman and Councilmember Monia commented .that there is a negative feeling among the Saratoga population that the problems were not detected early on. The only way ~hat feeling can be eliminated is to have the issue stud i ed. Following discussion, CONSENSUS TO AGENDIZE THE MATTER AT THE SEPTEMBER 5 COUNCIL MEETING AND THAT COUNCIL BE PREPARED TO APPOINT MEMBERS TO THIS COMMITTEE. THE MAYOR SO~ ORDERED THAT THE COMMITTEE BE SET UP AND THE ISSUE BE CONTINUED FOR COMMITTEE SELECTION. C. Provision of Co,ffee for Council Chambers Lobby (continued from 8/7) Councilmember Kohler referred to the memorandum from the Finance Department listing four options for coffee service for Council and Commmission meetings. He recommended option twO. KOHLER/MONIA MOVED TO APPROVE COFFEE SERVICE FROM INTERNATIONAL COFFEE EXCHANGE AT AN ESTIMATED~ ANNUAL COST TO THE CITY OF $ 2,268. Discussion ensued regarding alternatives for refreshment service. It was pointed out that the ser~vice should include choices other than coffee. The above stated motion ,was voted upon. Passed 4-1 (Anderson voted no. ) City Council Minutes 8/27/90 Page 7 D. Reports from Individual Councilmembers Anderson - discussed a complaint from resident Lillian Konyu regarding a discrepe,ncy in the height of the community wall built by her home on Cox. Mr..Per]in clarified that the elevations of the walls are measured from the reference datum point. Councilmember Anderson requested that the matter be looked into. Clevenger - said the sound walls on Cox Avenue are not perpendicular end would like to have that corrected. Anderson - distributed and dicussed a San Francisco Chronicle article regarding a bill concerning the selection of cities, including Saratoga, where low to moderate income housing will be built. She requested a staff report regarding the possible impact of the bill on Saratoga. She asked that Saratoga's record on low income housing be set straight with the Sen Jose Mercury News and the Bay Area Economic Council. Monia - requested staff investigate the possibility of having the curbs painted on Fruitvale, near Burgundy, to prevent accidents. The area is very dark and drivers are not aware of the curb. Monia - discussed the recent fire drill on Saratoga Avenue conducted by the Fire District which caused some confusion among passers-by. He requested that steps be taken to clearly indicate to the public when such a fire is merely a fire drill. 11. ADJOURNMENT The meeting was adjourned at 11:10 p.mm. in memory of Mr. Milo Klear end in memory of Mr.'Ed Gomersall, to a closed session on litigation in the case of Saratoga vs. VMS. Mr. K lear was a Fire Commissioner for 18 years and was ~the~ra~0ga Fi~e District for 38 years. Mr. Gomersall was a long-time Parks~and Recreation Commissioner and the only Commissioner to be designated emeritus Commissioner. Respectfully submitted, ~ ~ L~~ Victoria R. Minutes Clerk