HomeMy WebLinkAbout09-05-1990 City Council Minutes MINUTES
SARATOGA CITY COUNCIL
TIME: Wednesday, September 5, 1990
PLACE: 13777 Fruitvale Ave.
TYPE: Regular Meeting
CLOSED SESSION on Evaluation of City Manager - 6:00 p.m.
council Office
REGULAR MEETING - 7:30 p.m.
Civic Theater
1. ROLL CALL
The meeting was called to order by Mayor Stutzman at 7:30 p.m.
Councilmembers Present: Anderson, Clevenger, Kohler, Monia and Mayor
Stutzman.
2. CEREMONIAL ITEMS
There were no ceremonial items.
3. ROUTINE MATTERS
A. Approval of Warrant List
ANDERSON/MONIA MOVED TO APPROVE WARRANT LIST. Passed 5-0.
B. Report of City Clerk on Posting of Agenda
The City Manager stated that pursuant to Government Code 54954.2, the
agenda for this meeting was properly posted on August 31.
4. CONSENT CALENDAR
A. Planning Commission Actions, 8/22 Noted and filed.
Councilmember Anderson removed this item from the Consent Calendar, and
action was later taken on the item.
B. Library Commission Minutes, 8/29 - Noted and filed.
C. Budget Adjustment Resolution 2575.22 Increasing Central
Supplies Budget by $2,268 for coffee service
D. ResolutionMV-193 authorizing installation of stop signs -
Monte Vista Drive at Via Collna
E. ResolutionMV-194 authorizing installation of stop signs -
Bank Mill Road at Toll Gate Road
ANDERSON/CLEVENGER MOVED TO APPROVE CONSENT CALENDAR WITH EXCEPTION OF
ITEM 4A. Passed 5-0.
Councilmember Anderson referred to item #4 of the first page of the
Planning Conunission actions of August 22 - Design review to construct
a 5500 square foot house on a 20,000 square foot lot. She expressed
concern that the size of the house is quite large for a half acre lot.
However, because the ten-day limitation to appeal the Planning
Commission~s decision has passed, Councilmember Anderson voted to
approve.
ANDERSON/CLEVENGER MOVED TO APPROVE ITEM 4A OF THE CONSENT CALENDAR.
Passed 5-0.
5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC
A. ORAL COMMUNICATIONS
1) Presentation from Michael Dennis, a resident at 14613
Oak Street, to address resolution of ongoing noise
problems between Village restaurants and adjacent
residential units.
City Council Minutes 2 September 5, 1990
Mr. Dennis, a resident of Saratoga for five years, has been living on
Oak Street for the past six months. Currently, he is President of the
Twin Oaks Homeowners Association. He distributed a map and petition
signed by residents of the neighborhood affected by ongoing noise
problems in the Village restaurants area. The list of complaints
includes restaurantTfans which lack a sound barrier and are left on all
night, bottles dumped at midnight, garbage trucks and leafblowers
operating in the early hours of the morning.
Councilmember Kohler asked Mr. Dennis if he had been in contact with
the merchants. Mr. Dennis responded that over the past six months, he
has spoken with Planning Director Emslie, the City Attorney's office,
and the merchants in attempts to bring a resolution to the problem.
Councilmember Clevenger asked if Mr. Dennis had met with the new
restaurant association. Mr. Dennis responded he has attended the
Planning Commissionameetings which the association has also attended.
Councilmember Clevenger stated that she and City Manager Peacock met
with the Association about five months ago and presented these
concerns, asking the restaurant owners to work with the residents to
resolve some of the problems. Councilmember Clevenger asked Mr. Dennis
to follow up with .the meeting she had with the association, and
suggested he meet with Mr. Bill Carlson, association President.
Councilmember Andersbn noted that if Mr. Dennis cannot get results with
Mr. Carlson and the,association, that perhaps the City may be looking
at violations of a noise ordinance, and if necessary, the City should
send a Community Services Officer (CSO) out to investigate any
violations and issu~ citations until the problem is resolved.
Councilmember Monia asked if the City had received formal notification.
Planning Director E~slie answered that one of the problems he and Mr.
Dennis have been working on has been one specific fan which has been
monitored by the CSO and found to be in compliance with the noise
levels. Mr. Emslie further stated work is currently being done to
adjust the noise levels down through a revision to the noise ordinance,
but it is doubtful whether that particular fan will comply with the new
noise ordinance as it is borderline. Mr. Emslie noted that the Planning
Commission invited the restaurant owners to a meeting and similar
concerns were presented to the owners. The restaurant association
indicated they wouldTstop dumping the bottles late at night, would use
rubberized containers to lessen the noise when transferring trash, and
gave indication thatithe problems would be taken care of.
Councilmember Kohler suggested that the City send out staff with a
noise meter and if] violations are occurring, citations should be
written. The staff was directed to report on the work that has been
done to respond to Mr. Dennis' concerns at the next meeting,
2. Mr. Tom Reddick, a Saratoga resident, addressed the Council.
Mr. Reddick expressed his concern regarding a potential hazardous
condition, specifically a ditch with three feet of running water near
Kevin Moran Park. He tried contacting City administrators and/or staff
to report the problem over the Labor Day weekend. He voiced his
frustration that he was unable to get through to anyone at City Hall,
although he did make contact with Council member Kohler who went out
to view the situation. Discussion ensued, and Councilmember Kohler
noted that he spoke to Mr. Dan Trinidad, Maintenance Director, the
following day, and wa's told that in an emergency, 911 should be called.
The hour of 8:00 p.m.~ having been reached, Mayor Stutzman proceeded to
public hearings. ~
8. PUBLIC HEARINGS
A. Possible~Relocation of Congress Springs Park Skateboard
Ramp andsMitigation Measures to reduce Noise Impacts
City Manager Peacock ~eferred to staff report, which lists a number of
alternatives relative to this issue and the pros and cons of each of
the alternatives.
City Council Minutes 3 September 5, 1990
Mayor Stutzman asked for any comments from the Council prior to opening
the public hearing. There were none.
The public hearing was opened at 8:01 p.m.
Michael Giansiracusa, 13121 Via Ranchero Drive, stated that the plan
is not a safe one. He noted that the decibels exceed the regulation.
He urged the Council to close the skateboard ramp, keep it closed or
find another location, and a safer method.
Ashley Babb, 19923 Via Escuela Drive, addressed the Council, stating
she wants to take lessons to ride a skateboard she received as a gift.
Without the ramp, she cannot take lessons. She urged the Council to
vote for the ramp.
Tom Reddick, a Saratoga resident, urged that the ramp be moved.
Chris Kummerer, 19761 Lanark Lane, noted that when the ramp was
initially started, he and his group met with the City and complied with
conditions to have the ramp built. He described the area not only as
a skateboard ramp, but also as a "place for youth to go." He asked
the Council to take steps to make the ramp suitable.
Councilmember Monia asked Mr. Kummerer if there is a problem with out
of towners using the facility. Mr. Kummerer responded that there have
been many out of towners because there is no like facility anywhere
else; however, he suggested the concern could be controlled through
membership cards or use permits available to Saratoga residents.
George Rishell, 13010 Glen Brae Drive, noted that due to the noise
generated by the ramp and traffic, he is recommending that the ramp be
closed. He feels the ramp is too close to inhabited areas, and the
parking for the facility is approximately across the way of railroad
tracks which are in daily use.
Darren Finnecy, 13716 Saratoga Vista Avenue, questioned the contention
of traffic noise as there are more cars at baseball and soccer games
in the area than there were during the short time the ramp was opened.
Matt Missakian, 20150 Bonnie Brae Lane, thanked the Council for their
cooperation in trying to resolve the issue suitable to every one. He
said out of towners were at the ramp often and he understands why the
neighbors are complaining. However, he stated there is a better
solution 'than moving or dismantling the ramp which could include
limiting its time use and utilizing membership cards.
Walter J. Simmons, 19367 Via Real, who lives in close proximity of the
ramp, spoke of being disturbed at 1:30 in the morning by persons using
the ramp, fights breaking out, excess beer bottles in the area. He
emphasized that 98 persons signed the petition to remove the ramp and
asked the City to take care of it.
Patrick Kwok, 19403 Via Real, pointed out that his house is less than
200 feet from the ramp, and strongly recommended that the ramp be
closed for good.
Ernie Dumar, 1904 DeHaviland Drive, observed that there aren't any
activities or centers for youth in Saratoga, so the skateboard ramp was
a good idea. He pointed out that skating is a new national sport and
the skateboard ramp was featured in a national skating magazine. He
asked the Council to work out a possible solution for youth. He
suggested implementation of certain measures such as controlling
skating hours to a reasonable time, membership cards for residents,
etc.
John McCartney, 19381 Via Real Drive, conveyed that the ramp was a good
idea and benefit to the City. He spoke of noise levels and described
alternate ways to buffer noise. He expressed concern about security
and vehicles parking in front of his property, and persons crossing his
property to get into their cars.
Amy Morata, 20185 Thelma Avenue, declared she could not understand how
City Council Minutes 4 September 5, 1990
the City spent so much money to build the ramp and then tear it down
three weeks later.
Ms. Tracy, 19405 Via Real, stressed the importance of youth activities.
The public hearing closed at 8:32 p.m.
Discussion ensued about the noise measurements taken in residents'
backyards and in and around the ramp.
ANDERSON/MONIA MOVED'TO COMMIT TO PROVIDING A 8KATEBOARD RAMP FOR THE
YOUTH OF SARATOGA. .Passed 5-0.
Councilmember Anderson discussed the possibility of constructing the
skateboard ramp in Kevin Moran Park at the farthest point from any home
and with some noise attenuation or in back of City Hall between the
Maintenance Yard and community center across from the junior high
school. After lengthy discussion, a motion was made.
MONIA/ANDERSON MOVED TO CLOSE ANDDISMANTLE THE PRESENT 8KATEBOARDRAMP
AND INSTRUCT STAFF TO COME BACK WITH A REPORT OUTLINING THE VARIOUS
OPTIONS ANDCOST PARANE. TERS TO BUILD A SKATEBOARD RAMP IN CIVIC CENTER.
Passed 5-0. ~
City Manager Peacock asked whether the Council preferred a public
hearing and staff report back at the same time. Consensus was for
staff report and public hearing to be scheduled in four weeks.
Councilmember AndersOn expressed a need for a system which restricts
outsiders or limits them and perhaps a pass for which a fee is charged
could be the answer..
B. Appeal of variance to complete and legalize construction
of S-foot high fencing around the entire perimeter of the
parcel at 14684 Pike Road in the MER Zone district (V90-
018) (Applicant, Head; Appellant, Lavin)
Mr. Emslie reported that tonight's hearing is an appeal of a Planning
Commission decision to grant a variance to allow an existing six foot
perimeter fence surrounding the Pike Estate to be extended to eight
feet. The Planning.Commission found that the six foot fence was an
existing non-conforming use and was established prior to the City's
adoption of fencing regulations. The application to the Planning
Commission asks for'an extension of the fence to prevent deer from
encroaching onto thesite within cultivated gardens, orchardsand other
horticultural species on the estate. The Commission found unusual
circumstances applicable to the property, in that approximately nine
acres were devotedto agricultural uses which would be damaged without
further protection by the fence extension.
The public hearing was opened at 9:05 p.m.
Pamela Lavin, 15450 JPepper Lane, a 30-year Saratoga resident and 15-
year volunteer of the Humane Society Wildlife Department, addressed the
Council. She stated~she initially got involved in this issue when she
heard of the death of deer on barbed wire surrounding the estate. She
noted she has given ~nput to the Planning Commission on how high deer
can jump. She is. appealing because she feels it will set an unfavorable
precedent for future variances on fence heights and enclosure of
property which will Cause adverse impact on local wildlife
and rural quality of Saratoga. She said it was never established by
the Planning Commission that an eight foot fence would keep the deer
out, particularly if a section of the six foot fence remains along one
side of the property. She pointed out that although much of the 18-
acre property is planted with fruit trees, the orchards do not provide
the owner's livelihood. She indicated the eight foot fence will block
wildlife access to the year-round springs in a fourth-year drought, and
animals will continue to fall into swimming pools or collide with autos
in their quest for water and food. She stated that hillside
development and wildlife needs have been on a collision course for many
years and it is now ~ime to address the issue, either through the new
Open Space Task Forc~ or byconsulting with the Department of Fish and
Game or environmental agency. She asked the Council to set some
City Council Minutes 5 September 5, 1990
guidelines for wildlife protection.
Councilmember Anderson asked Ms. Lavin if she had actually seen a deer
impaled on the fence. Ms. Lavin responded she had not, but had heard
about it when it was mentioned in the initial Planning Commission
report~ Planning Director Emslie confirmed that there is existing
barbed wire on top of the fence and the Planning Commission's action
requires removal of the barbed wire because of the danger involved.
He stated that the Department of Fish and Game made the City aware of
an incident in which the barbed wire was a factor in damage to
wildlife.
Councilmember Monia asked if Ms. Lavin had ever been on the property.
She responded that Dr. Head led her on a tour of the property.
Councilmember Monia inquired as to wildlife access to the water on the
property. Ms. Lavin responded she did not follow the stream, but went
to the Santa Clara Valley Water District to review maps which did not
show any other flowing water in the area. She stated she would be
comfortable if wildlife access to water remained on the property.
Dr. David D. Hunt, 146784 Pike Road, owner of the Pike Estate, stated
that the Council recently appointed a task force to preserve open space
in Saratoga which is in parallel to his request to protect the largest
apricot orchard in Saratoga from destruction by deer. The orchard was
replanted five years ago with 640 apricot trees and for the past two
years, the fruit has been sold commercially by the McKinney Brothers,
who are contracted to pick, dry, and sell the apricots; prune, spray
and share the maintenance of the orchard. The fruit yield this year
was eight tons. The trees have now outgrown the 640 individual cages
placed to control deer damage. In order to continue to protect the
maturing orchard, he is seeking Council approval to elevate the
existing six-foot fence to eight feet.
Dr. Hunt noted that the severity of the problem is that a six foot
fence permits deer to invade the orchard year round. Forty to fifty
trees were destroyed last year by extensive eating of foliage and
stripping of bark. Once deer have attacked a young fruit tree, the
tree may live, but its growth is retarded and never catches up. He
stated that deer lack upper incisor teeth so they tear leaves and
branches in a jagged manner, leaving the tree open for invasion of
secondary diseases. Dr. Hunt named and quoted several experts who have
been consulted in the field of deer control. In summary, Dr. Hunt
observed that controlling deer in this orchard is absolutely necessary
for its survival, elevating the existing fence by two feet will have
no impact on wildlife, and the decision is supported by his neighbors.
Stan Bogosian, Vice Chairman of Guadalupe Regional Group of the Sierra
Club, 960 W. Hedding St., Suite 220, San Jose, addressed the Council.
Mr. Bogosian is also a resident of Saratoga and asked the Council to
overturn the Planning Commission decision. It is the belief of the
Group that the proposal would shut off wildlife and their access to
much needed water. He is not disputing the problem of deer damage
to vegetation, and suggested that the Council consider asking the
applicant to fence only the orchard whereby the rest of the property
could remain at the six foot level, and would not cause any injury to
deer jumping over it. As an alternative, he suggested setting up
tent-type fencing which would keep the deer from entering the area.
Marguerite Chapman, 21221 Canyon View Drive, declared she lives on the
same hill at the property and is separated by a six foot fence. She
spoke on behalf of her neighbors and their frustration with deer
damage. Ms. Chapman remarked that vegetation is the most important part
of the environment.
Michael McKinney, 2570 Senter Road, San Jose, noted he is one of the
orchardists who maintains and manages the ranch on the property. He
pointed out that 40 trees have been destroyed by deer this year and
encouraged the Council to approve the fence extension.
Ralph McKay, 14640 Pike Road, expressed his support for the variance
based on the following: The Planning Commission has approved the
variance; it costs the City nothing; it preserves over 600 apricot
tress which are a significant part of Saratoga's history; and variances
City Council Minutes 6 September 5, 1990
are designed for unique situations and the Pike Estate is a unique
property.
Don Head, 14684 Pike Road, owner of the Pike Estate, emphasized that
the property has been an orchard since 1870. His goal with the
property has been to preserve, rest6re and improve where possible.
Councilmember Monia asked Mr. Head about the water on the property.
Mr. Head responded that the deer can't get to the water and described
the water site.
Marie Rose Gaspar, 24754 Pierce Road, stated she completely supports
the eight foot fence; She noted that a few years ago she went before
the Planning Commission and obtained a variance for a six-foot fence
around her vineyard. She emphasized that the six-foot fence does not
keep the deer away.
The public hearing w~s closed at 9:45 p.m.
Councilmember Clevenger pointed out that the City is very concerned
about preserving open space in Saratoga, and a resident has come in
and asked the City for assistance in restoring and improving an 18-
acre beautiful open Space. Her opinion is that the City cooperate and
help Dr. Head in preserving open space.
Councilmember Anders6n remarked that she sees a need to help Dr. Head
preserve his property. However~ she expressed concern with wildlife
in Saratoga because of the drought, and encourages the Department of
Fish and Game to review the Saratoga hillsides for appropriateness of
culling out the herd]so it wouldn't be necessary for the deer to come
down into the residents' yards.
Councilmember Monia ~tated that he didn't favor variances except in
extremely unusual coDditions. This was such a case. More than the
orchard needed.to be protected. The estate had extensive grounds with
valuable mature landscaping which needed to be protected. The fencing
did not interfere with the ability of wildlife to access the spring.
The estate is on par}with Villa Montalvo and for all of these reasons
is unique compared to other properties. Because of these factors he
would vote for a variance in this one instance.
Councilmember Kohter agrees with Councilmember Anderson and stated that
the City needs to work with the Department of Fish and Game to find a
solution to the deer ,problem, but he is opposed to such fencing of the
hillsides and cannot~support thevariance.
KOHLER/ANDERSON MOVED THAT CONSIDERING SARATOGA'S TREMENDOUS DEER
PROBLEM WHICH HAS POTENTIAL FOR DISEASE AND ACCIDENTS, THAT THE CITY,
IN COLLABORATION WITH THE DEPARTMENT OF FISH AND GAME, DEVELOP A PLAN
TO CULL THE DEER POPULATION, AND REPORT BACK TO THE COUNCIL. Passed 5-
o.
ANDERSON/CLEVENGER MOVED TO SUPPORT THE PLANNING COMMISSION'S DECISION
AND APPROVE THE TWO FOOT FENCE EXTENSION. Passed 4-1 (Kohler opposed.)
The meeting was recessed at 10:08 p.m., and reconvened at 10:20 p.m.~
with Councilmember Clevenger and Mayor Stutzman in attendance.
(Councilmembers Anderson, Kohler and Monia returned at 10:22 p.m.)
C. Revocation of Business License of Kitchen Concepts, 14510
Big Basin Way, in accordance with Section 4-05.150 of the
City Code (continued from August 1)
city Attorney Toppel reported there are four grounds to support
revocation of the business license issued to Kitchen Concepts and they
are:
1. Licensee made !a false statement on the application for
the license byZ misrepresenting the nature of the business
of sales activ.ity when the applicant was engaged in the
business of contracting.
2. Licensee has cbnducted its business in violation of City Code
City council Minutes 7 September 5, 1990
by performing construction work without having obtained
building permits.
3. Licensee has installed certain elevator equipment without
obtaining necessary approval from the State agency that issues
-permits for installation of such equipment.
4. Licensee has performed contracting work without obtaining
a contractor's license.
City Attorney Toppel reiterated the circumstances which led to the
proposed license revocation. He stated there was a fatality at the
Butter Paddle and it was found that an elevator had been improperly
installed. It did not have safety doors which when closed deactivates
the unit. There had never been a building permit issued by the City
nor a permit issued by the State agency which regulates installation
of elevators. The media has reported that the matter was being
investigated by the District Attorney~s office. The investigation is
still continuing and the DA has asked the City not to file any criminal
charges for violation of the City Code. City Attorney Toppel stated
that potentially, the City could have filed misdemeanor charges on the
same grounds as for revoking the license. The DA is looking at more
serious charges and the concern is that if the City were to file
charges on the same incident, it could create a potential double
jeopardy situation. Mr. Toppel further reported that in deference to
the DA's request, the City did not file charges, but if action is taken
by the DA's office, they will include violations of the Saratoga City
Code in their proceedings.
City Attorney Toppel referred to the document in the agenda packet
which shows substantial evidence of the grounds for license revocation.
He relayed a communication from the attorney representing Kitchen
Concepts, Mr. Craig Brown. Mr. Brown has informed Mr. Toppel that
Kitchen Concepts is currently in the process of trying-to complete a
sale or terminate the business. To eliminate the need to conduct the
hearing tonight and to eliminate any possibility of challenge to the
findings made or litigation as to whether Kitchen Concepts were or were
not engaged in the business of a contractor, a proposal has been
offered by Kitchen Concepts to voluntarily relinquish their license.
Additionally, Kitchen Concepts is asking for a 45-day period of time
to either complete the sale or close down the business. During this
time, it would be stipulated that neither Kitchen Concepts nor any of
its principals would engage in any form of contracting business.
Discussion ensued regarding voluntarily surrender of the license.
The public hearing began at 10:32 p.m.
Craig Brown, 333 W. Santa Clara St., #618, San Jose, attorney for
Kitchen Concepts, addressed the Council. Mr. Brown urged the Council
to enter into an agreement with his client to voluntarily surrender the
license and eliminate the need for a public hearing. Mr. Brown stated
it is his client's desire to avoid the necessity of a contested
adversary hearing and it is his client~s intent to sell or otherwise
conclude the business affairs of Kitchen Concepts. He suggested the
Council reach the type of stipulation which Mr. Toppel described
earlier. He assured the Council they would have the business license
within the 45 days.
Councilmember Kohler asked that the public hearing- not be held.
Discussion ensued regarding whether or not to hold the public hearing.
Because the public hearing was noticed in the agenda, Mayor Stutzman
asked if there was anyone present who wished to address the Council on
this issue.
Ms. Joan Olaf, 13970 Trinity Court, Saratoga, came forward and
addressed the Council. She stated she contracted with Kitchen Cabinets
in December 1989 to install cabinets throughout her home which is under
construction. She paid $40,000 to Kitchen Concepts for cabinets which
were to be delivered in May. The cabinets were delivered in August,
and there are problems which have not been rectified. She was recently
informed by the supplier that they were never paid, and have threatened
a lien on her property. She expressed concern about the license
City Ccuncll Minutes 8 September 5, 1990
revocation because she has no recourse. She asked the Council if her
concern could be incorporated into the situation.
Mr. Brown responded that this type of problem is one of his client's
concerns about having the business summarily closed. He emphasized
that it is the intent and desire of his client to make sure that all
of the projects which are presently underway are satisfactorily
concluded or that the new buyer of the company is in a position to do
so without interruption.
Councilmember Anderson and Mayor Stutzman both questioned the
stipulation that Kitchen Concepts would not be allowed to do
construction.
City Attorney Toppel responded that the stipulation is that they would
not be doing anycontracting but the stipulation would provide that the
installation be done by a duly licensed contractor.
The public hearing closed at 10:47 p.m.
After lengthy discussion, a motion was made.
ANDERSON/CLEVENGER MOVED TO ACCEPT CITY ATTORNEY TOPPEL'S SUGGESTION
TO ACCEPT THE OFFER FROM KITCHEN CONCEPTS TO RELINQUISH THEIR LICENSE
AND THAT A STIPULATION WILL BE SIGNED BETWEEN THE PARTIES WITHIN THE
NEXT TEN DAYS AND ATeTHE TIME OF SIGNING THE STIPULATION, THE LICENSE
ALSO BE SURRENDERED,~ALLOWING KITCHEN CONCEPTS TO OPERATE FOR ANOTHER
FORTY-FIVE DAYS. PaSsed 5-0.
Further discussion continued and City Manager Peacock suggested that
a temporary license Could be issued for the 45'days.
ANDERSON/KOHLER MOVED THAT THE AGREEMENT TO RELINQUISH LICENSE BE
SIGNED NO LATER THAN NOON ON SEPTEMBER 14, 1990, AND IF IT IS NOT FULLY
EXECUTED AND IN THE HANDS OF THE CITY ATTORNEY AT THAT TIME, THE CITY
CLERK WILL BE DIRECTED TO CONTINUE THIS MATTER ON THE AGENDA.
Passed 5-0.
D. Revocation of Business License held by Tree Surgeon
Association, in accordance with Section 4-05,150 of the
City Code.
City Attorney Toppeli referred to staff report in the agenda packet.
He noted that no communication had been received from the licensee who
does business in theFCity, but is not headquartered in the City. The
circumstances entail. a solicitor who has been previously cited for
violation of illegally removing trees within the City. The grounds
cited for license ~evocation include violating the City Code by
removing trees without a permit and soliciting door to door without a
permit.
Discussion ensued among the Council members, and the City Attorney
provided additional background on the case.
The public hearing was opened at 10:56 p.m. There being no public
testimony, it was closed at 10:56 p.m.
MONIA/KOMLER MOVED TO APPROVE RESOLUTION 2683, THE NOTICE OF INTENTION
TO REVOKE BUSINESS LICENSE DATED JULY 25, 1990.
E. Ordinance adding an article to the City Code requiring a
special permit to engage in motion picture filming;
Resolution 2621.3 Mending Fee Schedule to establish fees
for Moti6n Picture Filming Permits and Toxic Gas Permits
City Attorney Toppel :referred to Staff Report indicating there is a
State law which requires cities to adopt a model film permit process.
The proposed ordinance has been submitted to and approved by the
California Film Commi]ssion.
The public hearing was opened at 11:00 p.m. There being no speakers,
the public hearing was closed at 11:00 p.m.
city council Minutes 9 September 5, 1990
MONIA/KONLER MOVED TO ADOPT THE PROPOSED ORDINANCE ADDING ARTICLE
4-60 TO THE CITY CODE FOR THE PURPOSE OF IMPLEMENTING THE MODEL FILM
PERMIT PROCESS IN THE CITY OF SARATOGA. Passed 5-0.
ANDERSON/MONIA MOVED TO APPROVE RESOLUTION 2621.3AMENDING THE SCHEDULE
OF FEES. Passed 5-0.
Mayor Stutzman returned to unfinished items preceding public hearings
on the agenda.
5. COMMUNICATIONS (continued)
B. WRITTEN COMMUNICATIONS
1) Tom Keeble, Austin Way, urging moratorium on new
building permits.
City Manager Peacock reported that the communication from Mr. Keeble
refers to water and drought. Noted and filed.
6. OLD BUSINESS
A. Resolution approving a Design Modification for DR S9-013
(Velinsky, Applicant)
City Manager Peacock reported that the resolution memorializes and
clarifies the Council's decision of August 7, 1990, regarding a height
limit of 20 feet to be measured from a 660 contour line design
modification.
Councilmember Monia asked the applicant, IMr. Ira Velinsky, what
problems might be anticipated with a 680' elevation limitation. Mr.
Velinsky addressed the Council and stated he has been working with the
architect regarding this matter. He noted that on the north side of the
house are two tiny peaks which measure 682.5 feet and 683 feet.
Wanda Alexander asked the Council to delay the resolution until she
and Mr. Velinsky have completed negotiating the height and size of the
house.
Discussion ensued.
MONIA/CLEVENGER MOVED TO APPROVE RESOLUTION 2682 WITH 682-FOOT MAXIMUM
ELEVATION HEIGHT PROVIDED APPLICANT MEETS ALL OTHER PROVISIONS. Passed
4-1 (stutzman opposed.)
B. Odd Fellows - Staff report recommending task force to
develop senior housing options acceptable to the community
Planning Director Emslie reported that staff prepared a work plan at
the Council's direction to recruit members to form a citizens task
force for Council approval to discuss the feasibility of locating
senior housing within the Odd Fellows/San Marcos Heights project.
CLEVENGER/ANDERSON MOVED TO APPROVE STAFF RECOMMENDATION TO FORM A
CITIZENS TASK FORCE TO COMPLETE THE WORK PROGRAM. Passed 3-2 (Monia,
Kohler opposed.)
CLEVENGER/ANDERSON MOVED THAT THE COUNCIL BE REPRESENTED BY MAYOR
STUTZMAN. Passed 5-0.
staff to appoint representatives from the neighborhoods.
Discussion ensued regarding persons with a potential conflict of
interest serving on the task force.
KOHLER/MONIA MOVED TO EXCLUDE DIVIDEND DEVELOPMENT FROM SERVING ON THE
TASK FORCE BECAUSE OF A CONFLICT OF INTEREST. Passed 5-0.
C. City Council Expense Allowance - City Expense Reimbursement
Policy
City Manager Peacock briefly reported on this matter. City Attorney
City Council Minutes 10 September 5, 1990
Toppel stated that many years ago the City Council established a $150
allowance for out of pocket expenses incurred by members as a result
of serving on the Council. He emphasized this would not be a per diem
allowance, but rather a reimbursement of actual expenses.
Councilmember Anderson reminded the others that the amendment was
already approved by the Council in May 1990, but it just hasn't been
implemented.
Councilmember Monia commented that the resolution should not be
amended, but the allowance should be raised due to the changes in
Council related activities.
Councilmember Monia ]also asked the Council to consider extending a
similar travel expense reimbursement to Commissioners. Councilmembers
Anderson and Kohler agreed with him.
Discussion ensued.
MONIA/ANDERSON MOVED~ THAT THE EXPENSE ALLOWANCE FOR COUNCILMEMBERS BE
RAISED FROM $150 TO ~$250 IN RECOGNITION OF ADDED EXPENSES WHICH HAVE
BEEN INCURRED. Passed 5-0.
MONIA/CLEVENGER MOVED TO DIRECT STAFF TO DO AN ANALYSIS OF A POSSIBLE
TRAVEL EXPENSE ALLOWANCE FOR PLANNING COMMISSIONERS AND REPORT BACK TO
THE COUNCIL WITHIN 60 DAYS. Passed 5-0.
D, Proposalj for provision of City Attorney Services
Councilmember Monia Veported he and Councilmember Kohler met with City
Manager Peacock to idiscuss setting up the RFP for City Attorney
Services. He referred to the Draft Proposal in the agenda packet to
which the following modifications were made:
Page 1, 3rd paragraph, line 9: "...litigation should be directed to
the City Manager...".
Page 2, paragraph C,'line 1: delete the word local from" .... other
local public sector law..."
Page 2, paragraph K, line 2: " .... of Saratoga's needs" .... "
Page 2, section 2, line 3: "...to Saratoga beginning in 1980..."
Page 3, section 3, line 2: Add "...City Council and staff on areas
such as land use, CEQA, qeneral and municipal law, civil and criminal
enforcement, tort liability, etc ..... "
Discussion ensued regarding the Evaluation and Selection process.
MONIA/CLEVENGER MOVED TO PROCEED WITH THE ClL~NGES TO THE CITY ATTORNEY
SERVICES RFP. Passed 5-0.
E. Citizens. Committee to investigate Tract 7770 violations
The following members were appointed to the Committee:
Jeffrey Kalb, appointed by Councilmember Monia; Jan Harris, appointed
by Councilmember Anderson; Jeff Schwartz of 19281 San Marcos, appointed
by Councilember Kohler; Don Macrae, appointed by Councilmember
Stutzman.
Additionally, Mayor Stutzman made the following appointments:
Councilmember Monia, representing the Council; Planning Commissioner
Meg Caldwell; Staff Member Larry Perlin.
Councilmember Clevenger's appointment to be named at a later date.
F. Memorandum from Parks and Recreation Commission and
HeritagelPreservation Commission
City Council Minutes 11 September 5, 1990
(Deferred to next Council meeting.)
7. NEW BUSINESS
A. Memorandum of Understanding with Caltrans for Maintenance
of State Right of Way and letter from Saratoga Park
Homeowners Association
(Deferred to next Council meeting.)
.B, Analysis of SB 2011
(Deferred to next Council meeting.)
C, Delegation of Claims Authority
(Deferred to next Council meeting.-)
Mayor Stutzman proceeded to items following public hearings on the
agenda.
9, CITY COUNCIL ITEMS
A, Reports from Individual Councilmembers
(Deferred to next Council meeting.)
The meeting was adjourned at 12:05 a.m. to a closed session;
10. CLOSED SESSION on potential litigation concerning Draft
Environmental Impact Report for E1 Paseo Redevelopmerit prepared
by City of San Jose and on illegal grading, clearing and tree
removal on Cocciardi/Chadwick development, Tr. 7770.
The City Attorney and City Manager were directed to continue to
negotiate these matters as directed by the City Council in closed
session.
The closed session was adjourned at 1:00 a.m.
The meeting was adjourned at 12:05 a.m. to September 11, 1990, at 7:00
p.m.
Respectfully submitted,
Minutes Clerk