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HomeMy WebLinkAbout11-07-1990 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, November 7, 1990 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting The meeting was called to order at 7:30 p.m. by Mayor Stutzman who announced that Council is meeting in Closed Session later tonight regarding an offer the City is proposing to make for purchase of the Nelson Garden. After the Closed Session,- Council will return to a Public Session for anyone who wishes to address the issue. 1. ROLL CALL Councilmembers Present: Anderson, Clevenger, Kohler, Monia and Mayor Stutzman. 2. CEREMONIAL ITEM8 - None. A Proclamation for the "Celebrate! Saratoga" festival was presented to City Postmaster Charles Mirrione. 3. ROUTINE MATTERS A. Approval of Minutes - 10/17; 10/30 The Minutes of 10/17/90 were corrected as follows: o Page 5, lastparagraph-, line 9 - Councilmember Monia corrected phrase to read, "...that the house location come off a little bit .... " o Page 6, last line, continuing to Page 7 - Councilmember Anderson corrected Mike Arrow's name to read Mike Aro. o Page 8, item D - Councilmember Anderson wants the Minutes to reflect that. she requested that City Attorney Hal Toppel be included in the list of finalist9 for City Attorney. o Page 9, second paragraph from the bottom - Wesley Goddard's address corrected to read 19140 Panorama Drive. CONSENSUS TO APPROVE MINUTES OF OCTOBER 17, 1990 AS CORRECTED. CLEVENGER/MONIA MOVED TO APPROVE MINUTES OF OCTOBER 30, 1990. PASSED B. Approval of Warrant List ANDERSON/MONIA MOVED TO APPROVE WARRANT LIST. PASSED 5-0. C. Report of City Clerk 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 November 2. 4. CONSENT CALENDAR A. Planning Commission Actions, 10/24 - Noted and filed. Item was removed from Consent Calendar by Councilmember Anderson. She questioned the Ebner tentative map to subdivide a 17,894 sq. ft. parcel into two parcels, expressing concern that it is undersized for the R- 1-20 zoning. Mrs. Anderson also inquired about the Leposavic variance application and the Blum application. Planning Director Stephen Emslie addressed her concerns. ANDERSON/MONIA MOVED TO APPROVE ITEM 4-A. PASSED 5-0. B. Saratoga Community Access CATV Foundation Board of Directions Minutes, 9/18 Noted and filed. C. Public Safety Commission Minutes, 9/10 and 10/8 - Noted and City Council Minutes 2 November 7, 1990 filed. D. Library Commission Minutes, 10/24 - Noted and filed. E. Citizens Tract 7770 Investigative Committee Minutes, 10/4 and 10/18 - Noted and filed. F. AdoptiOn of Personnel Policy for Part-time/Temporar7 Employees G. Memorandum of Understanding with. Red Cross concerning responsibilltles during'disasters Councilmember Clevenger suggested that at a study session, Council review the Memorandum of Understanding with the American Red Cross for a better familiarity.of the emergency procedures protocol. H. Resolution 2690 Declaring Weeds a Public Nuisance and setting Hearing for December 5 I. Approval~ of Proposal from Bissell and Karn to design Domestic Water Supply and Irrigation System at Hakone Gardens for~a fee of $13,300. J. Proclamation for Steering Committee for ,,Celebrate!Saratoga,, MONIA/CLEVENGER MOVED TO APPROVE CONSENT CALENDAR WITH THE EXCEPTION OF ITEM 4-A. PASSED 5-0. 5. COMMUNICATIONS FROM-COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS 1) Presentation from Delia B. Alvarez, Director, County Public Health Bureau Item was withdrawn and continued to December 5 Council meeting. There were no other oral communications from the audience.. B. WRITTEN COMMUNICATIONS ".1) . Request for contribution to Employee Holiday Party of $500.00 Mr. Peacock presented report to Council stating that this is a request from the City employees group. CLEVENGER/MONIA MOVED TO APPROVE REQUESTAND AUTHORIZE $500 EXPENDITURE FROM ACCOUNT 77-4123 aPERSONNEL MANAGEMENT RECOGNITION PROGRAM. PASSED 5-0. 2) Fran Krezek, League of Women Voters, concerning Household Hazardous Waste. ANDERSON/CLEVENGER MOVED TO APPROVE PROPOSED REPLY. PASSED 5-0. 3) Traffic Congestion and Traffic Enforcement at Saratoga School' Phillip M. Adleson, 20620 K6mina Avenue, Saratoga, addressed the Council. He resides]directly across from the Komina Gate of Saratoga School. He stated there has been a continuing problem related to No Stopping Zones in front of the school. Transporters do not utilize the Loading/Unloading Zones available, and instead use either his driveway or No Stopping ZoneS, creating a traffic flow blockage and safety hazard for school children. Mr. Adleson suggested that the gate to the Loading Zone be moved or 'the law enforced. He noted that the Staff recommended action seems appropriate. In response to Mr. Peacock's comment that Staff might be cons'idering City Council Minutes 3 November 7, 1990 making Komina a one-way street, Mr. Adleson stated that it would not solve the traffic problem in the mornings and could encourage triple parking. Mr. Adleson suggested a turn-around area might solve the problem. (Tom Reddick, a Saratoga resident, spoke before the Council. He referred to a previously scheduled item on the agenda and recommended that all workers in food service be certified by the Health Department. Mr. Peacock suggested that Mr. Reddick might want to speak before the Council on December 5 when the Santa Clara County Public Health Department will be making a presentation. Mr. Reddick also asked Council to consider putting in lights at the overcrossing at Kevin Moran Park.) Returning the agenda to the traffic congestion at Saratoga SChool, Councilmember Anderson discussed the background and her role in changing the signage in the parking areas around Saratoga School. She recommended enforcement of the signage. ANDERSON/MONIA MOVED TO ACCEPT THE STAFF REPORT TO REFER TO PUBLIC SAFETY COMMISSION FOR REVIEW AND RECOMMENDATION. PASSED 5-0. Councilmember Clevenger stated that the Public Safety Commission needs to get all the background on this issue. Councilmember Kohler concurs. 4) Bob Flora, President, Rotar7 Club, offering services for three City projects. Councilmember CleVenger suggested a letter of appreciation be sent from Mayor Stutzman. CONSENSUS TO ACCEPT OFFERS FROM ROTARY CLUB. 5) Request from Planning Commission for city Attorney to pursue legal action on illegal grading at Blum residence on Deer Springs Court Mr. Emslie summarized Staff Report dated November 2, 1990 to Council. Discussion ensued about penalties imposed upon violators and what needs to be done to legally notice a violator. Councilmember Monia inquired if an applicant has the right to appeal. Mr. Peacock replied that the City of Saratoga has an appeal right for administrative decisions to be appealed to the City Council. Lengthy discussion ensued. ANDERSON/MONIA MOVED TO APPROVE STAFF RECOMMENDATION FOR THE CITY ATTORNEY TO INITIATE APPROPRIATE MEASURES AND FILE A COMPLAINT AGAINST EACH PARTY BASED UPON VIOLATION OF THE GRADING ORDINANCE. THE MOTION WAS AMENDED TO INCLUDE ANY OTHER PARCEL OF LAND IN THE FUTURE IN WHICH A SIMILAR VIOLATION OCCURS. PASSED 5-0. Mrs. Anderson asked about directing the Planning Commission to include instruction for liquidated damages in the future. Mr. Peacock responded it would be appropriate to agendize the item for the November 20 Council meeting. 6) Jeffrey' A. Schwartz, 19281 San Marcos Rd., with suggestions about hearings. Mrs. Clevenger voiced that there are many good suggestions in Mr. Schwartz's letter. CONSENSUS FOR MAYOR STUTZMAN TO REVIEW THE SUGGESTIONS, THEN RETURN TO COUNCIL FOR ENDORSEMENT OF THOSE HE WOULD LIKE TO IMPLEMENT. 6. OLD BUSINESS A. Memorials Policy - Report from City Manager (continued from 10/17) City Council Minutes' 4 November 7, 1990 Mr. Peacock presented report dated October 17, 1990 to Council, indicating that the Council has never had a consistent policy. He outlined three options which could be used as a Memorials Policy. Councilmember Clevenger commented that when a request is submitted for matching individual contributions, that the proposal should be considered. She is-in favor of the "case by case" option. Councilmember Monia communicated he would like to see a process established for the present Council as well as for future Councils. Councilmember Anderson stated she wouldn't want to turn down an offer from someone who would want to make a donation to memorialize another individual in the way of a snack shack at'the ball field or contribute a piece of'~qu~pment.. However, whether the City should also contribute City funds is another issue. Mr. Monia agrees with Mrs. Anderson. Mayor Stutzman feels.~the City should not be in a position to make City funds to memorialize'individuals. Councilmember Clevenger stated that Librarian Lois Thomas was in the community and library services for 25 years. She feels that the City should provide the Friends of the Library with the opportunity to memorialize Mrs. Thomas, and a $250.00 contribution is not very much for someone who donated repeatedly to the City of Saratoga. MONIA/KOHLER MOVED To APPROVE OPTION #1 TO FORMULATE A POLICY WHICH HANDLES EACH REQUEST ON AN INDIVIDUAL BASIS. PASSED 5-0. CLEVENGER/MONIA MOVED TO DONATE $250.00 TO MATCH INDIVIDUAL CONTRIBUTIONS TO PLACE A MEMORIAL BENCH IN THE COMMUNITY LIBRARY- IN HONOR OF LOIS TMOMAS. Discussion ensued~ regarding placing a monetary limit on future individual requestS. Mrs. Clevenger indicated that if.an offer were made to the City for a $5,000 memorial and it was something that the City needed and would have to do anyway, she .might want t6 match the contribution. Therefore, she would like to leave the limit open. Mr. Kohler expressed that outside contributions should be recognized and'left at that. !He does not feel that the City should make financial contributions. CONSENSUS TO NOT CONSIDER LIMITING CONTRIBUTION AMOUNT. MOTION PASSED 4-1 (KOHLER OPPOSED.) B. Requests from Saratoga Village Host Association (continued from 10/i17) Mr. Peacock reported. on the Agenda Memorandum dated October 8, 1990 to the City Council. Councilmember Monia addressed the issue of outdoor dining and mentioned that one of the problems existing is whether or not CalTrans owns the right of way up to the face of the buildings. Mr. Peacock expounded on CalTrans' role several years ago when the City was planning reconstruction of Big Basin Way. At that time, CalTrans and the City entered into a conceptual agreement for the City to maintain the right! of way. Because 'of the design process determining where.the remaining sidewalk areas would be located, the improvements did not take place. Since the project has now been completed,'the City recently sent CalTrans a letter expressing interest in working with them to put in sidewalks, curbs and gutters in areas which are currently dirt and not properly maintained. If CalTrans agrees, then the City would have jurisdiction in the areas from the curb back to the right of way facing the buildings. Mr. Monia encouraged the project as he feels outdoor dining would enhance the welfare of the business community. He suggested that if City Council Minutes 5 November 7, 1990 availability of outdoor dining is to be broadened, that it be done within a reasonable timeframe. He suggested a trial period, followed by a review process. Because there is a limited amount of parking versus how many more additional tables will become available, the issue of who gets permits for outdoor dining or expanded outdoor dining needs to be addressed. Councilmember Anderson agreed with Councilmember Monia and saw an advantage to Downtown. Councilmember Kohler discussed the possibility of widening the sidewalks in the side streets. Mr. Peacock noted that widening the side streets would reduce parking, and ~mentioned the possibility of purchasing the area behind Parking District #2 for an additional 40 parking spaces. Councilmember Monia would like Staff to prepare a report determining what might be a reasonable number of additional seats in the various restaurants for outdoor dining and report back so Council can establish the numbers of seats to be allowed. The report should also include how the seats will be doled to the individual restaurants. Discussion ensued. MONIA/CLEVENGER MOVED THAT STAFF PREPARE A REPORT CONCERNING AND ENCOURAGING OUTDOOR DINING AND ADDRESS THE POSSIBILITY OF DEVELOPING A FEE STRUCTURE BASED ON THE NECESSITY THAT MIGHT REQUIRE THE CITY TO ACQUIRE ADDITIONAL LAND FOR PARKING PLACES. PASSED 5-0. CONSENSUS FOR STAFF TO PROCEED ON THE OTHER FOUR REQUESTS SUBMITTED. C. Ordinance making Miscellaneous Amendments to Zoning Regulations, with the associated Negative Declaration: The proposed ordinance amends various sections of the zoning regulations concerning fences, design review, tree removal and setbacks (second reading-and adoption) CLEVENGER/MONIA MOVED TO APPROVE THE SECOND READINGAND ADOPT ORDINANCE BY TITLE ONLY, WAIVING FURTHER READING. PASSED 5-0. D. Pierce Road Improvements - Surrey Lane to Sarahills Drive: Award of construction contracts (see attached letter from Kenneth R. Schoniger requesting reconsideration of improvement plans) City Engineer Larry Perlin reported on the improvements on Pierce Road in front of Mr. Saviano's property. The Saviano project was conditioned to design improvements along both sides of Pierce Road along the length of his development, but only to construct the improvements along his side of the road. A resident directly across from the Saviano property, Mr. Steve deKeczer, has asked the City to initiate the improvements on his side of the road as designed in the plans as well as some additional improvements. Staff was directed to solicit bids for deKeczer improvements, which has been done. Discussion ensued regarding widening of Pierce Road which might necessitate removal of trees. Councilmember Monia expressed he does not feel he would want to take any action on this item tonight being that Mr. deKeczer is not present, although discussion could continue. Kenneth Schoniger, 13493 Pierce Road, Saratoga, addressed the Council. He has spoken to Mr. deKeczer about this situation and mentioned that people are frequently crashing into deKeczer's fence. He stated he has reviewed the plan and consulted with his neighbors and a Civil Engineer, and found no agreement with the plan. He encouraged Council to study the matter further before taking action. Councilmember Anderson suggested a field visit to the site with the City Engineer. Mr. Peacock recommended continuing the item until November 20 so that City Council Minutes 6 November 7, 1990 Mr. deKeczer can be present. Councilmember Kohler related that he uses this road daily and suggested legal signs be posted. because of the presence of pedestrians and bicyclists on the road. Additionally, he would like more input from the neighbors. William Thomas, lives at 13282 Pierce Road and has seen many accidents on Pierce due to high speed. As alternatives, lhe suggested placing speed bumps and placing a stop sign at Pierce and Surrey. Discussion ensued. STUTZMAN/KOHLER MOVED TO CONTINUE ITEM TO NOVEMBER Z0, 1990 COUNCIL MEETING. PASSED 5-0. MayOr Stutzman declared a recess'at 9:15 p.m. Upon reconvening at 9:25 p.m.,.the same Councilmembers were present. E. Selection of West Valley Cities Representative to the Congestion Management Agency CLEVENGER/ANDERSON MOVED TO RATIFY SELECTION PROCESS AGREED TO BY WEST VALLEY MAYORS. PASSED 4-0-1 (Monia abstaining). F. Village Parking District #2 - Petition to create limited parking., Mr. Perlin briefly reported on this item, indicating there is no direct cost to the City as the project is assessed to the Parking District. CLEVENGER/ANDERSON M6VED TO APPROVE PLAN AS PROPOSED BY MERCHANTS. PASSED 5-0. G. Report on Expense Allowance for Planning Commissioners and Resolution appropriating funds ANDERSON/CLEVENGER MOVED TO APPROVE RESOLUTION NO. 2575.26. PASSED 5-0. 7. NEW BUSINESS Mr. Peacock requested permission to add item 7-H, pertaining to recruitment for an Environmental Manager, to the agenda. The City was still undergoing the selection process when the agenda packet for tonight's meeting went out and he was unable to include the item-.in the packet. CLEVENGER/ANDERSON MOVED TO APPROVE PLACING ITEM 7-H ON AGENDA. PASSED 5-0° A. ClaSsification Study for Positions in the Clerk Typist and Secretary Series CLEVENGER/MONIA MOVED TO AUTHORIZE STAFF TO CONTRACT WITH THE EMPLOYEE RELATIONS SERVICE OF THE COUNTY OF SANTA CLARA FOR A CLASSIFICATION STUDY. PASSED 5-0. B. Resolution of Protest concerning Impact of State budget on the City Mr. Peacock reported~that the City continues to discuss'this matter and is expecting a hearing before the County Board of Supervisors in December. He would]like an official position from the City Council opposing the changes and urging the State Legislature to repeal SB 2557. ANDERSON/CLEVENGER MOVED TO ADOPT RESOLUTION 2691. PASSED 5-0. C. Proposal to Contract for Maintenance of Bamboo Park at Hakone Garden - Bruce Parkinson, Root Zone Associates Mr. Peacock presented a summary of the Staff Report dated November 7, City Council Minutes 7 November 7, 1990 1990, to the City Council. Councilmember Clevenger gave a history of this project, encouraging support for the contract. aanice Morgan, 20120 Williamsburg Lane, Saratoga, addressed the Council as a member of the Bamboo Society. She attested to the fact that Mr. Parkinson has been the driving force behind the Gardens. She stated that the Gardens have specimens not seen outside of Japan, requiring special care. She.recommended the Council vote in favor of the contract with Mr. Parkinson. Doris Walker, 19733 Saratoga-Los Gatos Road, Saratoga, spoke before the Council as a City resident and volunteer at Hakone Gardens. She emphasized the importance of Mr. Parkinson's devoted time and expertise to the Gardens. Councilmember Monia cited the different options in which Mr. Parkinson could be hired. He also questioned the indemnity issue. Discussion ensued. MONIA/ANDERSON MOVED TO APPROVE THE CONTRACT AT THE RATE OF $25.00 PER HOUR NOT TO EXCEED 15 HOURS A WEEK, PROVIDED THAT THE CONTRACTOR PRODUCES INSURANCE COVERAGE WHICH QUALIFIES HIM TO MEET THE CITY'S ABAG PLAN FOR RISK MANAGEMENT PURPOSES. PASSED 5-0. D. Amendment to Santa Clara County Traffic Authority 1990 Strategic Plan CLEVENGER/ANDERSON MOVED APPROVAL OF AMENDMENT. PASSED 5-0. E. Contract with Engineering Science to prepare Environmental Impact Report for the Wong Project, a 5-1ot subdivision located between Old Oak Way and Chiquita Court in the NHR Zone ANDERSON/MONIA MOVED TO APPROVE CONTRACT AND AUTHORIZE CITY CLERK TO EXECUTE. PASSED 5-0. F. Publicity for Upcoming Hearings - Kolstad Appeal; Rinaldo Appeal; Civic Center Master Plan Councilmember Anderson requested significant noticing for the Civic Center Master Plan. Mr. Peacock noted that articles have appeared in The Saratogan, the San Jose Mercury News, The Saratoga News. Council- member Anderson requested an ad in the San Jose Mercury News on the Monday before the hearing. Councilmember Monia concurs with Mrs. Anderson. Additionally, he requested detailed information including a list of the number of City employees and square footage of office space currently occupied by the City. CONSENSUS TO PUBLICIZE THE CIVIC CENTER MASTER PLAN WIDELY SO THAT AS MANY RESIDENTS AS POSSIBLE ARE SUFFICIENTLY NOTIFIED. Mayor Stutzman inquired about the possibility of televising the meeting on Channel 6. Councilmember Anderson responded that Channel 6 would like to be agendized at a future Council meeting regarding televising upcoming Council meetings. Mr. Peacock reported that the City is planning to discuss this item with the West Valley Joint Community College Board next week. G. Open Space Consultant Services and Resolution appropriating funds Mr. Peacock presented the Staff Report dated November 2, 1990, to the City Council. ANDERSON/CLEVENGER MOVED TO APPROVE BUDGET FOR CONSULTANT SERVICES AND ASSOCIATED BUDGET RESOLUTION NO. 2575.27. City Council Minutes. 8 November 7, 1990 Councilmember Monia Stated he will not be supporting the motion as this is an item which should be handled by the Planning Commission. He is also concerned that Council direction to the Open Space Task Force may have been undefined in terms of what Council expects of the Task Force. Jerry Kocir,. 18225 Saratoga-Sunnyvale Road, Saratoga, addressed the Council, asking for names of consultants approached for open space services. Mr. Peacock responded with the names of the four consulting firms bidding' for the project. MOTION PASSED4-1 (MONIA OPPOSED.) H. APPROVE RESOLUTIONS NO. 85-9-84 AND NO. 2663ol PROVIDING FOR SELECTION'OF ENVIRONMENTAL PROGRAMS MANAGER. Mr. Peacocklf requested approva'l of' two resolutions regarding the selection of an Environmental Programs Manager~ Resolution 85-9.84 which amends Resolution 85-9.82 Setting Management Salary Ranges for Fiscal Year 1990-91. Resolution 2663.1 amends Resolution 2663 Authorizing Permanen~ Positions in the City Service for Fiscal Year 1990-91. Councilmember Monia noted he accepts Staff's recommendation that there is a necessity for the position and is interested in knowing what other areas that employee will be involved in. Mr. Peacock responded that the employee is expected to manage the Waste Pickup, Non-Point Source Pollution, CongestiOn Management, Environmental Review, Air QualitX Standards and other similar programs which are currently divided among the City Manager, City Engineer, Planning Director, and Public Services Director. Discussion ensued regarding the number of individuals intervfewed for the position; the'salary, fringe, and benefit costs. Mr. Peacock expressed that State= mandates cannot be accomplished without having a- person- who is professionally trained in the environmental management areas d~rected. KOHLER/ANDERSON MOVED TO ACCEPT RESOLUTIONS AS PROPOSED BY CITY MANAGER. PASSED4-1 '(MONIA OPPOSED.) 8. PUBLIC HEARINGS - None. 9. CITY COUNCIL ITEMS A. Agenda Items for Meeting with Parks and Recreation Commission on November 13 Other than the four items contained in the Agenda Memorandum, Council had no other items.to add. B. Reports ~from Individual Councilmembers Councilmember Cleve~ger announced that on January 10, 1991, the IGC (Inter-Governmental Council) is planning a meeting for all City Council members to talk about re-organization, and integrating IGC with Santa Clara County Cities Association. The meeting is tentatively scheduled to begin at 3:30-4:00 p.m. at the Quinlan Center in Cupertino. Councilmember Clevenger indicated her term on IGC expires at the end of this year and sh~ would like to be re-appointed. Councilmember Cleven~er reported on her trip to Saratoga's Sister City in Japan. She stated she presented the City's two street signs, had a joint meeting with their Board, and talked about plans for future possible projects. CONSENSUS WAS TO AGENDIZE IGC APPOINTMENT AT NEXT COUNCIL MEETING. Mr. Monia stated he will be unable to attend the West Valley Joint Community College B6ard meeting next week as he will be out of town. Mr. Monia stated he received Mr. Peacock's report on the City Manager's attendance at the League of California Cities Conference and reminded City council Minutes 9 November 7, 1~90 other Councilmembers to share City-related trips, conferences, etc. they attend. Mr. Monia reported on the KSAR Board meeting he attended today, and told council they should be prepared to consider costs estimated between $8~12 thousand for additional installations to televise Council meetings. Council adjourned to a Closed Session at 10:27 p.m. Mayor Stutzman again announced that Councll will return to a Public Session after tonlght's Closed Session. 10. CLOSED SESSION on purchase of the Nelson property. After the closed session, the Council was reconvened at 10:50 p.m.,: all Councilmembers were present. Mayor Stutzman announced that the City Manager has been authorized to make an offer to purchase Nelson Gardens as instructed by the City Council. Don Macrae thanked the Council for its vote on behalf of the Friends of Nelson Gardens. Councilmember Monia reminded the Friends of Nelson Gardens that the City was looking for heavy participation from the Friends on the conversion of the property into a park, as the City would not have funds to develop the park after it is acquired. 11.' ADJOURNMENT With no further business to conduct, the meeting was adjourned at 10:55 p.m. to November 13 at 7:30 p.m. for meeting with Parks and Recreation Commission and November 14 at 6:00 p.m. for meeting with West Valley Joint Community College District Board and to November 20 at 7:30 p.m. (CLERK'S NOTE: THE NOVEMBER 21 MEETING HAS BEEN CANCELLED.) Respectfully submitted, Lynda Ramirez Jones Minutes Clerk