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HomeMy WebLinkAbout01-16-1991 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, January 16, 1991 PLACE: Civic Theater, 13777 Fruitvale Ave. SPECIAL MEETING - 6:00 p.m. 1. Roll Call Councilmembers Clevenger, Kohler, Monia and Mayor Stutzman were present. Councilmember Anderson was absent. 2. Report of city Clerk on Posting of Notice Pursuant to Government Code 54956, the notice for this meeting was properly posted on Jan. 11; the agenda was also posted on Jan. 11. 3. Interviews with Planning Commission Candidates Candidates Ann Marie Burger, Marcia Kaplan, Aaron Katz, Malcolm Forbes, and Lisa Melehan were interviewed. 4. ndj ournment The meeting recessed at 7:25 p.m. to reconvene for conduct of regular business at 7:30 p.m. REGULAR MEETING - 7:30 p.m. 1. ROLL CALL The meeting was called to order at 7:30 p.m. by Mayor FiL. Stutzman. The same Councilmembers were present. 2. CEREMONIAL ITEMS A. Resolution commending Batty Mills for Service on Library Commission MONIA/KOHLER MOVED APPROVAL OF RESOLUTION 91-01. PASSED 4-0. B. Resolution appointing Christie Jameson and Peter Smith to Finance committee KOHLER/MONIA MOVED APPROVAL OF RESOLUTION 91-02. PASSED 4-0. C. Administration of Oath of Office to above Mayor Stutzman noted that the Oath of Office will be administered at a later date as neither appointee was able to attend tonight's meeting. 3. ROUTINE MATTERS A. Approval of Minutes - January 2, 8 KOHLER/CLEVENGER MOVED APPROVAL OF MINUTES OF JANUARY 2, 1991. PASSED 4-0. MONIA/KO}ILER MOVED APPROVAL OF MINUTES OF JANUARY 8, 1991. PASSED 4-0. B. Approval of Warrant List MONIA/KOHLER MOVED APPROVAL OF WARRANT LIST. PASSED 4-0. 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 January 11. 4. CONSENT CALENDAR City Council Minutes 2 January 16, ~991 KOHLER/CLEVENGER MOVED TO APPROVE CONSENT CALENDAR EXCEPT FOR ITEMS 4-1 (#S) AND 4-D. PASSED 4-0. A. Planning Commission Actions, 1/9 - Noted and filed. Councilmember Monia removed item #8 of the Planning Commission Minutes for discussion purposes. Following discussion, MONIA/CLEVENGER MOVED TO APPROVE ITEM 4-A. PASSED 4-0. B. Hinutes of Citizens Investigative Committee for Tr. Meetings, 12/6~ 12/20~ 1/3 - Noted and filed. C. Resolution 91-03 confirming denial of 0liver appeal heard 1/2 D. Authorization of attendance of Chief Building Inspector at California Building Officlals conference .in Monterey, Febrmar7 20-21, with reasonable and necessary expenses Mr. Peacock removed item from agenda. Due to a conflict in his schedule, the Chief Building Inspector is unable to attend-the conference. E. Authorization of attendance of City Manager at City Manager~s Department Annual Meeting, Monterey, February 8, 1991, with reasonable and necessary expenses (approxlmately $300.00) F. Authorization for purchase of Skid Steer Loader for Maintenance Department for maintenance of Saratoga Trall System from Tractor Equipment Sales in the .amount of $19,103.14 G. Resolutions 91-04 and. 91-05 vacating emergency access easements for Gypsy Hill Subdivision (Tr. 7889) H. Ordinance 71-90 modifying Passenger Loading Zone on Big Basin Way (second reading and adoption) I. Hakone Foundation Fund Raising - January 1991~ Disbursement Report January 1991 J. Resolution 2575.31 adjusting budget to reflect new City Attorney contract and cost of Velinsky litigation K. Treasurer~s Report - December L. Investment Report - December M. Financial Report - December 5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS There were no oral communications. B. WRITTEN COMMUNICATIONS There were no written communications. 6. OLD BUSINESS A. Report from Planning Director - Outdoor Dining in Village Planning Director Stephen Emslie presented the Staff Report dated January 16, 1991, to the Council, and responded to Council members' inquiries. Councilmember Monia questioned how the licensing or permitting of expanded seating is going to be handled. Mr. Emslie responded that the requests anticipated can probably be accommodated. City Council Minutes 3 January 16, o1991 Mr. Peacock commented on the concerns over inadequacy of parking and stated that staff needs to re-examine the specific situation in the Village to determine whether or not there is a parking demand problem. Simultaneously, allowing the Planning Commission to grant use permits for additional outdoor dining for a one-year period without parking restrictions being a condition would allow staff to determine what demand and deficiencies exist. Councilmember Monia conveyed he favors limiting the use permit to one year and directing staff to allow use permit process to go forward to Planning Commission to be granted on a limited basis. This would allow staff the opportunity to evaluate the parking problem. Councilmembers Clevenger and Kohler agreed with Councilmember Monia. Following discussion, MONIA/KOHLER MOVED TO DIRECT STAFF TO TAKE ACTION ON ALTERNATE #2 PRESENTED IN THE SUMMARY OF THE STAFF REPORT. PASSED 4-0. 7. NEW BUSINESS A. Memo Authorizing Publicity for Upcoming Hearings - CDBG/HUman Services Allocations; Lightner Appeal; Shuffle Appeal; Cellular Phone Ordinance Noted. Mayor Stutzman moved the agenda to item 9A. 9. CITY COUNCIL ITEMS A. Appointment of Delegate to ABAG General Assembly CLEVENGER/MONIA MOVED TO APPOINT MAYOR STUTZMAN AS DELEGATE AND VICE MAYOR KOHLER AS ALTERNATE TO ABAG GENERAL ASSEMBLY. PASSED 4-0. B. Reports from Individual Councilmembers 1. Councilmember Clevenger announced she attended the Hakone Foundation meeting last night. The group discussed fundraising and is working on how to repay the City loan. The Foundation needs to raise an additional $100,000 to complete the project, besides raising the $400,000 owed on the City loan. 2. Councilmember Clevenger reported on the sewer work being done Saratoga Avenue near Herriman. The property owners immediately affected are required by the Sanitation District to put in a clean- out at the street. The cost of the clean-out is estimated at a not- to-exceed amount of $400.00 for each homeowner. The City of Saratoga also charges a $57.00 fee for inspection fees. She has spoken to Mr. Joe Oncay, Chief Building Inspector, who has agreed to waive the $57.00 fee so that the clean-out fees will not exceed $400.00. Mrs. Clevenger pointed out that the City's agreement with the Sanitation District is that the inspection should be made by the City. Mrs. Clevenger wants the fee issue decided before the project begins. Following discussion, consensus was for Councilmember Clevenger, Mr. Oncay, and Mr. Gissler meet to settle this issue. 3. Councilmember Monia reported that the Valley Institute for Theater Arts has gone into Chapter 7 bankruptcy, which means the City is out of the $10,000 in back rent owed by VITA. 4. Councilmember Monia referred to televised meetings in the Council Chambers. He noted the cable company has submitted an attractive package. He has suggested to Mr. Peacock that this item be agendized on January 22 for update from Staff and discussion. 5. Councilmember Monia commented on the environmental impact report hearing on the Landtech Development in the County which is coming up soon. Discussion ensued regarding the appeal process. Mr. Monia asked both Staff and Council to look into timeline for formulating a position / City Councll Minutes 4 January 16, ~991 and report back to Council. Mr. Emslie mentioned that the subdivision hearing is in February for the Planning Commission. Mr. Peacock to check with the County of Santa Clara Clerk of the Board for timeline. 6. Councilmember Monia stated he received the October 1990 Traffic Authority update on the plan for Highway 85, and expressed concern regarding the interchange at Quito, specifically Report No. MSA 106- 4. Mr. Monia directed Staff to look into the report and address the issue on January 22, 1991~ 7. Councilmember Monia expressed concern about the Potpourri and confidential items intermingled with non-confidential items. Mr. Monia asked that letters which are confidential be kept confidential. 8. Councilmember Monia attended a meeting of the Open Space Committee, and noted the number of staff people present. It is his understanding that the Committee hired a consultant because there wasn't enough staff to tend to the Committee. Mr. Emslie responded that the consultant was hired as a resource person for Staff to prepare meetings, agendas, and do research for the Committee. The Associate Planner attends the meeting to take the minutes. Mr. Emslie attends to observe and offer suggestions for discussion. Additionally, the consultant has been meeting with each discussion leader of the Committee groups. 9. Councilmember Monia referred to Tract 7770 Committee and one of the interviewees who was paid to be interviewed (after approval from Council). Another individual who was interviewed has now formally requested payment after the faet. There was consensus to deny the request. Mayor Stutzman moved the agenda t~ item 8-C, at 8:20 p.m. 8. 'PUBLIC HEARINGS C. Review performance of the City's Pavement Management Program for 1990-91, proposals for the 1991-92 work program and adequacy of funding to carry out the Program Mr. Peacock summarized the Staff Report dated January 16, 1991, to the Council. Dan Trinidad, Maintenance Director, and Larry Perlin, City Engineer, responded to Council members' questions. The Public Hearing was opened at 8:25 p.m. Fran Krezek addressed the Council as President of the League of Women Voters. She read a letter from the League urging continuation of the Pavement Management Program under the same method of financing. With no further public testimony, the Public Hearing was closed at 8:28 p.m. Councilmember Monia stated he would not support a utility tax; however, he does support retaining Harris and Associates. Councilmember Clevenger suggested approving the revised report and then breaking it down to proceed with some of the work. CLEVENGER/MONIA MOVED TO AUTHORIZE RETAINING HARRIS AND ASSOCIATES FOR PROFESSIONAL SERVICES TO UPDATE PAVEMENT MANAGEMENT PROGRAM. PASSED 4-0 Discussion ensued regarding the utility tax. Vice Mayor Kohler noted that the utility tax item is not on the public agenda. Councilmember Monia expressed that the utility tax is a very controversial issue and it needs to be made clear to the general City Council Minutes 5 January 16, 1991 public. MONIA/KOHLER MOVED TO DENY THE REVISED REPORT FOR FY 91-92 AND NOT CONTINUE THE UTILITY TAX OF 3.5%. Mayor Stutzman recalled that when the tax was first approved, it was agreed the utility tax would be carried forward for five years on the basis of yearly review. If the tax is discontinued, it would be necessary to gather data proving the tax is unnecessary and that the City has enough revenue to continue the programs. Mayor Stutzman favors the tax. Councilmember Monia communicated that at a budgetary review a few months ago he stated that the utility tax was not necessary and he does not see any change in the financial picture at this time for him to support the tax. Councilmember Clevenger commented she still supports having a reserve. The figures presented tonight indicate that the utility tax necessary to continue the program. Councilmember Kohler feels the City is spending too much money on other projects (i.e., Civic Center expansion) and does not need to take in the money. MOTION FAILED. 2-2 (CLEVENGER, STUTZMANOPPOSED.) Item #8C to be continued to [ebruary 6, 1991 agenda under Old Business. A. Review Funding Proposals and Determine Allocations of 1991 Grants to the Performing Arts Mr. Peacock briefly reported on the Staff Report dated January 16, 1991 to the Council, and deferred tO Mrs. Carolyn King, Assistant to the City Manager, who presented details=. The Public Hearing began at 8:45 T.m. Louise Cooper, 22701 Mt. Eden, Saratoga, addressed the Council on behalf of the Olympiad of the Arts Dance Component, which is under the auspices of the West Valley/Mission Colleges Foundation, Inc. Debbie Jones addressed the Council, representing Villa Montalvo Center for the Arts. Craig Northrup addressed the Council as the Conductor of the Saratoga Community Band. Christine Kenyon, Saratoga Woods Circle, Saratoga, addressed the Council on behalf of the West Valley Masterworks Chorale. With no further public testimony, the Public Hearing was closed at 9:04 p.m. Councilmember Clevenger commended Staff for a job well done in recommending the allocations. Discussion ensued. Vice Mayor Kohler proposed spending an extra $3,000 and providing a 100% allocation to each group. CLEVENGER/MONIA MOVED TO ALLOCATE AMOUNTS RECOMMENDED IN COLUMN B OF THE REPORT. Vice Mayor Kohler asserted that if he were to vote for an allocation, it would be for equal distribution. In response to Councilmember Monia's inquiry, Mrs. King responded that recommendations for each group were based on the number of persons who would benefit the most as well as the group's other funding, and the establishment of each group. City Council Minutes 6 January 16, ,1991 MOTION PASSED 3-1 (KOHLER OPPOSED). B. A~peal of denial of design review approval to construct a new 7,309 eq. ft. single family dwelling at 15134 Sperry Lane on a 1.35 acre parcel and variance to exceed the allowable floor area in the R-1-40,000 zone district (A~pellant/appllcant, W. Leposavic)(DRg0-033~ V90-019) Mr. Peacock stated, for the record, that a communication from four residents on Sperry Lane in support of the Planning Commission~s decision, was received today. Mr. Emslie recapitulated the Staff Report dated January 16, 1991, t~ the Council. The Public Hearing began at 9:16 p.m. Wayne Leposavic addressed the Council stating that if the entire project cannot be approved, he would like to Council to grant him approval to remove one of the garages on his property which would bring the square, footage into ordinance conformance. He related that to re- design the house would be very costly. Discussion ensued. Doug Adams addressed the Council representing the Executors of the Estate of Kathryn Dutton, whose property is located in the back of the Leposavic property. Mr. Adams declared that the Dutton propertyPe view would be affected by the size of the appliCant~s house. He stated that the'executors support Staff~s recommendation to deny the appeal. Susan Curtis, 15127 Sperry Lane, Saratoga, addressed the Council, representing four homeowners on Sperry Lane. She noted all four neighbors support the Planning Commission decision based on the size and height of the home for the particular lot. Mr. Leposavic again addressed the Council. He rebutted that most of houses on Sperry Lane are oriented away from his property and do not look into the direction of his house. The only property that has an impaired view from his house is the Dutton property.. He referred to the property to the west of his property as an "old house" and alleged that it haS.been Suggested that the house be removed, and a new house built. He proposed that if a new house is built, it be rotated 25 degrees to avoid looking into the direction of his house. The Public Hearing closed at 9:30 p.m. As background information, Counc~ilmember Monia referred to the same kind of square footage concerns which led the Planning Commission to revise the ratio of square footage allowable to lot size. He feels the issue in this matter is more than square footage. He favors denying the request and having the applicant re-submit an application on the items of concern expressed by Staff and the Planning Commission. Councilmember Clevenger agreed with Mr. Monia. She stated she has not heard or seen anything new to allow her to overturn the Planning