HomeMy WebLinkAbout10-03-1990 City Council Minutes MINUTES
SARATOGA CITY COUNCIL
TIME: Wednesday, October 3, 1990
PLACE: 13777 Fruitvale Ave.
TYPE: Regular Meeting
CLOSED SESSION - 7:00 p.m.
Council Office
Pending litigation concerning illegal grading, clearing and tree
removal on Cocciardi/Chadwick.development, Tr. 7770. and case of
Coalition for Hillside Protection vs. Saratoga City Council and City
of Saratoga
(Clerk's Note: Please refer to item 9-D.)
1. ROLL CALL
The meeting was called to order at 7:35 p.m. by Mayor Stutzman.
Councilmembers present: Anderson, Kohler, Monia, and Mayor Stutzman.
Councilmembers absent: Clevenger (excused as she is out of the
country).
2. CEREMONIAL ITEMS
There were no ceremonial items.
3. ROUTINE MATTERS
A. Approval of Minutes - 9/19
1. Councilmember Kohler clarified his position regarding item
4-H (~roclamation on United Nations Day) on the consent calendar of the
September 19, 1990 meeting~ He stated that discussion of this item
included the possibility of a citizen's request for a City proclamation
regarding the Nuclear Freeze Zone. Mr. Kohler wants to go on record
as opposing the Nuclear Freeze Zone.
2. Regarding Page 3, paragraph 3, "Commissioner Anderson..." is
amended to read, "Councilmember Anderson..."
3. Councilmember'Monia cited the amendment to page 9, item 6-B of
the September 5, 1990 minutes. The amendment was corrected to read,
"Staff to send out applications to persons who have expressed an
interest in serving on the Senior Housing Citizens Task Force, and
screening and selection of candidates will be done by the Council."
(Mr. Peacock interjected that the applications for the Senior Housing
Citizens Task Force have come in and will be presented in the next
Council agenda.)
4. Page 4, last paragraph revised to read, "Monia/Clevenger..."
in place of "Moran/Clevenger..."
MONIA/ANDERSON MOVED TO ACCEPT MINUTES OF SEPTEMBER 19, 1990, AS
CORRECTED. PASSED 4-0.
B. Approval of Warrant List
ANDERSON/MONIA MOVED APPROVAL. PASSED 4-0.
C. Report of CityClerk on Posting of Agenda
City Manager Harry Peacock announced that pursuant to Government Code
54954.2, the agenda for this meeting was properly posted on Sept. 28.
4. CONSENT CALENDAR
A. Planning Commission Actions, 9/26 - Noted and filed.
B. Library Commission Minutes, 9/26 - Noted and filed.
C. Heritage Preservation Commission Minutes, 8/15 - Noted and
City Council Minutes 2 October 3, 1990
filed.
D. Public SafetX Commission Minutes, 9/10 - Noted and filed.
Authorization for City Manager to accept grant deed from
Avco Development for parcel abutting Kevin Moran Park as
discussed 8/1/90
F. Final ACceptance for Landscape Deposit Refund at 15231
Quito Rd. (Developer, P. Olsen)
G. Resolution 2687 continuing disadvantaged business program
H. Memorandum confirming Salary Adjustment for City Manager
Councilmember Monia requested that the vote on this
matter be noted. The item was passed on a vote of
4-1 (Monia opposed) in a closed session on Wednesday,
September 5, 1990.
I. Approval' of agreement with the City of Mountain view
allowing Saratoga residents to participate in Household
Hazardous Waste Dropoff Day October.13
Councilmember Anderson commended Staffmember Todd Argow for
utilizing cost/service effective methods on this project.
J. Ordinance 71.85 amending Section 2-10.180 of the City Code
to change Councll expense allowance from $150 to $250 per
month (second reading and adoption)
K. Resolution 2575.23 amending budget to provide funds to
implement Ordinance 71.85
L. Authorization for Staff to purchase Replacement City Park
Play Equipment from TimberformPlay structures for E1 Quito
Park and Landscape Playstructures for Gardiner and congress
Springs Parks in an amount not to exceed $35,404.15.
M. Resolution 2688 vacating dedicated public service easement-
14629 Big Basin Way i
N. Proclamation for Crippled Children~s Society.
ANDERSON/KOHLER MOVED TO APPROVE CONSENT CALENDAR. PASSED 4-0.
5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC
A. ORAL COMMUNICATIONS - None.
B. WRITTEN COMMUNICATIONS ~
1) Request from Library CommiSSiOn for Matching Funds in
the amount of $250 for Memorial for Lois Thomas
Staff recommendation is to apprOVe request and authorize funds from
Program 79-6740.
Mr. Peacock reported that the Council discussed this issue several
months ago and the conclusion was that if a memorial for persons who
have contributed sig~ificantly to the community were proposed by and
funded by the community, that the City would consider placing an
appropriate memorial (i.e., tree or plaque.)
Councilmember Monia questioned whether the policy speaks to special
circumstances and whether City Commissioners themselves can make such
a recommendation.
Councilmember Anderson hesitated to proceed on this matter unless a
policy is established to cover future requests. Mayor Stutzman concurs
with Councilmember Anderson and indicated that memorials should come
from the community rather than from the City.
City Council Minutes 3 October 3, 1990
Councilmember Monia feels that recognition should be given to
individuals who have given service to the City. He is not opposed to
the idea, but would like to see criteria established which the
community and/or Commissioners need to meet.
Councilmember Anderson suggested finding a budget allotment, developing
a policy, and then making a decision instead of trying to decide on an
individual basis.
MONIA/ANDERSON MOVED TO TABLE ITEM. STAFF DIRECTED TO DEVELOP CRITERIA
AND REPORT BACK TO COUNCIL IN TWO TO FOUR WEEKS. PASSED 4-0.
2) Joseph A. Grazlano, 14055 Chester Avenue, objecting
to posting provision of Outside Audible Alarm
Requirements
KOHLER/MONIA MOVED TO AUTHORIZE STAFF TO SEND REPLY. PASSED 4-0.
3) Lillian M. Konnyu, 19437 DeHavilland Ct., with
concerns about height of Cox Avenue community wall.
CONSENSUS TO REFER TO COUNCILMEMBERS ANDERSON AND MONIA TO MEET WITH
MR. WILL KEMPTON OF THE TRAFFIC AUTHORITY FOR RESOLUTION.
Having arrived at the hour of 8:00 p.m., Mayor Stutzman moved the
agenda to Public Hearings, item 8-A.
8. PUBLIC HEARINGS
A. Possible Relocation of Congress Springs Park skateboard
Ramp and Mitigation Measures to Reduce Noise Impacts
(continued from September 5)
Maintenance Director Dan Trinidad presented the Staff Report. Mr.
Trinidad stated that of the three possible relocations, site #3 appears
to be the most appropriate. The proposed location is in the area
behind City Hall between the Community Center and City Corporation
Yard. Mr. Trinidad reported on the proposed use schedule, fee schedule
and estimated operating costs. Because the size and shape of the ramp
have not been established, Mr. Trinidad did not provide estimated costs
to build.
Mr. Trinidad noted that he had spoken to officials of Farmington, New
Mexico, whose skateboard ramp was built at a cost of $33,000. He
recommended that the plan for site development of the proposed area be
studied and that corporation yard improvements be made for full
utilization of the site.
Mr. Trinidad announced that notices have been sent to neighbors within
a 1000 foot radius of the proposed site.
Responding to Mayor Stutzman's inquiry, Mr. Trinidad replied that the
ramp would be constructed in the ground with cut and fill to balance
the excavation.
Councilmember Monia questioned how site #3 would fit into the overall
Master Plan. Mr. Peacock retorted that the Plan would have to be
modified to accommodate the ramp.
Regarding the fee schedule, Mr. Trinidad conveyed that a membership fee
should be established 'for residents separate from fees for non-
residents.
Councilmember Anderson addressed the potential problem of vandalism in
the Corporation Yard. Mr. Trinidad stated this does not appear to be
a problem now and he doesn't envision such a problem in the future.
Answering Councilmember Anderson's question, Mr. Trinidad responded
that the New Mexico facility has not reported any problems due to noise
and that the concrete ramp is much quieter.
City Council Minutes 4 october 3, 1990
Councilmember Monia requested decibel readings from New Mexico. Mr.
Peacock indicated that decibel readings might also be obtained from
the skateboard ramp in Honolulu.·
Publicshearing began at 8:22 p.m.
Peggy Corr, 19224 DeHavilland Drive, Saratoga, addressed the Council.
She reminded the Council that an adult day care center is located near
the proposed ramp site, and the use hours could be annoying to the day
care center clients. Classes are also held in the center and noise
could be a problem.
Public hearing closed at 8:26 p.m.
Councilmember Monia expressed that site #3 is the best site and he will
be supporting that particular site, However, he needs more information
regarding the design and construction costs before any monies are
spent.
Councilmember Anderson is interested in getting the decibel readings
from New Mexico and Honolulu. She indicated that youth would rather
be in Congress Sprin~s Park. If the decibel readings are sufficiently
low, she would want. to take a second look at Congress Springs Park
versus the proposed relocation site.
Councilmember Kohler. indicated that site #3 is ideal. He recalled that
Council had decided there is a problem with Congress Springs Park
and he would not want the ramp there. Mr. Kohler proposes progressing
as soon as possible on this project.
Mayor Stutzman commented that site #3 is the best option. He stated
that regardless of where the ramp is placed, there could be problems
with noise, but placing it in the ground in concrete is the best
approach to minimize sound. He noted it is impossible to provide an
atmosphere totally devoid of noise. He feels it is essential that this
project be provided for youth. He indicated he would be willing to
wait for the decibel readings and then proceed as soon as possible with
the relocation.
Mr. Peacock related that Staff will need outside assistance for the
design. The budget needs to be amended to include the additional
$40,000 as outlined in the Staff Report. He signified it will take
several weeks to negotiate a contract with the architect to begin the
design. In the interim, Staff can obtain the decibel readings from
New Mexico, Honolulu~ and perhaps, Santa Cruz.
· MONIA/ANDERSON MOVED'TO AUTHORIZE BUDGET AUGMENTATION IN THE AMOUNT OF
$40,000 FOR THE SKATEBOARD RAMP AND ITS DESIGN. PASSED 4-0.
Pertaining to fees, Councilmember Monia supports the fee concept for
residents and non-residents.
Councilmember Anderson encouraged a fee comparable to commercial rates
to discourage non-residents, and perhaps no fee for Saratoga residents.
Mayor Stutzman commented that the fee issue can be decided when the
monitoring costs are known.
Mr. Peacock asked for direction from Council whether or not the fee
structure should be designed to recover the costs.
Councilmember Monia Suggested that Staff come back with a fee schedule
based on operational! costs, supervision costs, etc. and Council will
decide at that time.'
Darren [innecy, 13716 Saratoga Vista Avenue, Saratoga, addressed the
Council. He stated the most effective fee schedule would be an annual
fee for residents, but not available to non-residents, who would pay
a suggested one-time use fee of $5.00.
COUNCILMEMBER ANDERSON MOVED TO ADOPT AM INITIAL FEE SCHEDULE THAT
WOULD INCLUDE A MEMBERSHIP PASS OF $25.00 FOR SARATOGA RESIDENTS AND
City Council Minutes 5 October 3, 1990
A PER-SESSIONAMOUNT FOR NON-RESIDENTS OF $5.00, WITH A PROVISION THAT
GUESTS OF SARATOGA RESIDENTS PAY A REDUCED NON-RESIDENT FEE.
COUNCILMEMBER MONIA SECONDED THE MOTION WITH THE INTENT THAT STAFF WILL
COME BACK WITH GUIDANCE REGARDING THE NUMBERS. PASSED 4-0.
Mayor Stutzman returned the agenda to unfinished items preceding Public
Hearings on the agenda.
4) Lynn Lally, President, Saratoga Community Against
Substance Abuse, requesting $500 for banners.
Mr. Peacock recounted that the request would require significant
changes in City'Council policy which states that banners are to be used
only for events sponsored by the City, but not to be used by private
groups for any purpose whatsoever.-The other concern is that donations
do not fit in the City budget.
~iscussion ensued.
KOHLER/ANDERSON MOVED TO DENY REQUEST. PASSED 4-0.
6. OLD BUSINESS
A. Capital Improvement Plan FY 1990-91 to 1994-95 (continued
from 9/19)
City Engineer Larry Perlin delivered the presentation to the Council.
He stated that the cost figures in the plan are merely estimates, and
suggested that the Council refer the document to the Finance Commission
after tonight's hearing.
Mr. Perlin proceeded to go through the plan project by project. He
announced that $90,000 is being proposed for .this fiscal year to
facilitate the use of the Warner Hutton House into temporary office
space for City staff. The proposal includes future plans in F¥ 1994-
95 for Civic Center expansion and ultimate renovation of the House into
a historical/community facility as originally envisioned.
Bruce Mitchell addressed the Council as a member of the Heritage
Preservation Commission. He encouraged the Council to consider
renovating the House to a historical facility now rather than using
funds for improvements now and then converting to a historical facility
in the next few years.
Mr. Peacock mentioned that he spoke to Heritage Preservation
Commissioners Koepernik and Sabin who conceive renovations of the House
at an estimated cost of $250,000. Mr. Peacock stated that Staff is
proposing readying the facility for any use (office space or otherwise)
and improvements include heating and air conditioning systems,
bathrooms, handicapped access, electrical servicing, and removing the
kitchen. He further expressed that to proceed with the Commission's
concept would entail more time and money. The City has a need for
office space now. Additionally, it would cost more to rent portables
or office space than to proceed with the improvements to the House for
office use.
Lengthy discussion ensued.
Councilmember Kohler commented that the escalating costs of the
expansion are totally unacceptable. He proposes that the Council meet
with the Finance Commission and Heritage Preservation Commission and
decide on the Civic Center expansion, including the Warner Hutton House
issue. He will not be supporting the expansion.
Councilmember Anderson agrees that the issue needs to be addressed in
a study session, and possibly a public hearing, regarding the needs of
the City.
Councilmember Monia indicated he could not support the entire
expansion; however, he would advocate for some form of expansion to
meet the present need. He would want to put the issue to a public vote
City Council Minutes 6 October 3. 1990
on whether residents want to spend 43.5 million for a Civic Center
expansion.
Mayor Stutzman noted that Councilmembers Kohler and Monia appear to
support the $90,000 'for improvements to the House to be used for city
offices. Councilmember Anderson would support authorizing the $90,000
for improvements~ however, she feels committed to a center for youth.
Discussion ensued on the City~s current need for office space. Mr.
Peacock observed that the City now has State mandates regarding
environmental issues~ which requires Staff expansion.
KOHLER/MONIA MOVED TO APPROVE FUNDS UP TO $90,000 FOR OFFICE USE
IMPROVEMENTS TO THE WARNER HUTTON HOUSE. PASSED 4-0.'
Mr. Perlin stated that the appropriate budget adjustment, including the
skateboard ramp, will be presented to the Council at a later date.
CONSENSUS WAS FOR SPECIAL MEETINGS TO BE HELD WITH THE FINANCE AND
HERITAGE PRESERVATION COMMISSIONS REGARDING THE CAPITAL IMPROVEMENT
PLAN.
Mr. Perlin proceeded, to review ongoing and new projects, noting that
project 9006 is the purchase of the Nelson Gardens Property. Mr.
Peacock suggested that this item might be discussed in closed session
since it involves negotiations for acquisition of property.
Jerry Kocir, 12825 Saratoga-Sunnyvale Road, Saratoga, addressed the
Council regarding Project 9008, a plan to improve the intersection at
Pierce Road and Saratoga-Sunnyvale Road. Mr. Kocir observed that a
survey of the area was never taken for the installation of the traffic
light. Mr. Kocir~s research indicates that the developer is
encroaching on the Kocir property. Additionally, Mr. Kocir outlined
other potential problems with the design. Mr. Perlin invited Mr. Kocir
to meet with him during regular business hours for resolution of the
matter.
Mr. Perlin continued his review, noting that Project 9025 (Project
Development) would'be used like a contingency plan.
CONSENSUS TO CONTINUE DISCUSSIONS ~ON TUESDAY, OCTOBER 9, 1990, AFTER
MEETING WITH COMMISSION CHAIRS, TO DISCUSS THE SW-NE ROAD PROJECT,
FOLLOWED BY A CLOSED SESSION TO DISCUSS THE NELSON GARDENS PROPERTY.
Mayor Stutzman called for a recess at 10:38 p.m. Council reconvened
at 10:48 p.m.
B. Development of Saratoga Police Department - Report from
City Manager.
Mr. Peacock presented the Staff Report dated October 3, 1990 to the
Council., He summarized a preliminary study of estimated costs for the
City to create its own police department.
Bert Martel, 14420 F~uitvale, Saratoga, spoke before the Council. Mr.
Martel related that 'for quite sometime he has had a problem with a
neighborls vicious dog which has not been resolved. He feels there is
a need for a City police department and asked the Council to continue
studying the issue.
Lengthy discussion ensued.
Councilmember Monia Isuggested looking into other options including
working with West Valley College for the possibility of reducing costs,
job sharing, or studying other alternatives.
Councilmember Kohler~ concurs and proposes a committee composed of
members from the Public Safety Commission and from the Council to study
the issue.
Councilmember Anderson feels the City is getting good police protection
and in looking at the, statistics, does not feel the City is lacking in
City Council Minutes 7 October 3, 1990
this area.
Councilmember Monia volunteered to serve on a committee and work with
staff to pursue this matter.
B.J. Stewart, 12517 Palmtag, Saratoga, addressed the Council. She
pointed out that the crime rate can be expected to go up as soon as the
freeway and interchange are in place.
CONSENSUS FOR COUNCILMEMBER MONIA TO PURSUE THIS ISSUE OVER THE NEXT
FEW MONTHS.
C. Overview of Paul Masson senior care facility approval on
Saratoga. Avenue - Report from Planning Director
Planning Director Steve Emslie -reviewed the Staff Report dated
September 28, 1990.
Councilmember Anderson suggested that the developer remove all cottages
and put in at least 50 units of assisted housing. She feels that
commercial use in that specific area should not be ruled out.
Councilmember Monia conveyed that commercial development should not be
an alternative because of potential traffic impact. Councilmember
Kohler concurs that it is inappropriate to put in any commercial
development.
Discussion continued.
MONIA/KOHLER MOVED TO RECEIVE AND FILE. PASSED 4-0.
D. Tenancy of VITA Portion of former Library Building
(continued from 9/19) - Possible presentation by VITA
Mr. Peacock announced that the matter is to be continued to the next
Council meeting at VITA's request.
7. NEW BUSINESS
A. Adoption of Policy and Procedures Statement for Grants for
the Performing Art
ANDERSON/MONIA MOVED TO ADOPT STATEMENTAND DIRECTED STAFF TO PUBLICIZE
AVAILABILITY OF FUNDS FOR CALENDAR YEAR 1991.
B. Publicity for Upcoming Hearings - Giberson Appeal of
Birenbaum Project; Transit Alternatives; Zoning Ordinance
Amendments
Mayor Stutzman suggested that notice on the Giberson Appeal include
residents on Peach Hill and Glen Una.
C. Resolution 2689 Appointing Youth Commissioners
ANDERSON/KOHLER MOVED TO APPOINT COMMISSIONERS.
Councilmember Monia stated he will be voting for the resolution, but
he wants the record to reflect that he did not participate in the
selection of students from Saratoga High School as he has family
members there who applied for the positions. However, Mr. Monia did
participate in the selection of students from other schools.
PASSED 4-0.
Mayor Stutzman proceeded to items following public hearings on the
agenda.
9. CITY COUNCIL ITEMS
A. Tract 7770 Investigation Committee Work Program - Progress
Report
City Council Minutes 8 October 3, 1990
MONIA/ANDERSON MOVED TO APPROVE USE OF CURRENT BUDGETED FUNDS IN AN
AMOUNT NOT TO EXCEED $1,000 FORMAILING NOTICES, ADVERTISING, PRINTING,
POSTAGE, ETC. PASSED~4-0.
B. Request ZPermission for Councilmember Anderson to attend
National League of Cities Conference in Houston, December
1-5, 1990, with reasonable and necessary/expenses
MONIA/ANDERSON MOVED TO APPROVE. PASSED 4-0.
c. Suggested topics for agenda for meeting with Commission
Chairs October 9
1) Continued need for meeting
2) Adequacy of communication
3) Work programs of commissions for next year
4) Orientation and training of new Commissioners
5) Separate meeting with Planning Commission to
discuss roles and duties of Planning Commission
D. Reports from Individual Councilmembers
There were no reports from individual Councilmembers. However, the
City Manager noted the decisions made in the closed session regarding
pending litigation which was held before tonight's Council meeting.
Mr. Peacock reported that on the VMS litigation, Council has directed
City Attorney Hal Toppel to continue to pursue a settlement offer as
previously directed by the Council.
Regarding the velinsky lawsuit, the Council has directed Mr. Toppel to
attempt to negotiate'a settlement for the award of attorney fees.
Concerning the Cocciardi matter, Council has asked Mr. Toppel to move
to secure a release of the cash deposited for the subdivision to the
City in the event it.is needed for restoration and/or erosion control
work. Mr. Toppel has also been instructed to prepare a resolution for
the Council to adopt at its' next regular meeting confirming the
abatement and nuisance as required by the Nuisance Ordinance.
11. ADJOURNMENT to 8:00 p.m. on October 9, 1990 for meeting with
Commission Chairs, followed by a meeting to continue discussion of the
Capital Improvement Plan.
The meeting was adjourned at 12:10 a.m. in memory of Mr. Arch Brolley,
a long-time Saratoga resident, who passed away last week.
Respectfully submitted,
Lynda Ramirez~on~es
Minutes Clerk