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HomeMy WebLinkAbout03-20-1991 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, March 20, 1991 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting 1. ROLL CALL Mayor Stutzman called the meeting to order at 7:30 p.m. Councilmembers Present: Clevenger, Vice Mayor Kohler, Monia, and Mayor Stutzman. (Councilmember Anderson arrived later as noted below.) 2. CEREMONIAL ITEMS - None. 3. ROUTINE MATTERS A. Approval of Hinutes - 3/6; 3/12 MONIA/KOHLER MOVED APPROVAL OF THE MINUTE8 OF MARCH 6, 1991, WITH THE FOLLOWING CORRECTION: Page 6, Item C, Paragraph 11, second to last line to read," .... privacy impacts from the de~k..." MOTION PASSED 4-0 (Anderson absent.) KOHLER/MONIA MOVED APPROVAL OF THE MINUTE8 OF MARCH 12, 1991, AS WRITTEN. PASSED 4-0 (Anderson absent.) B. Approval of Warrant List MONIA/KOHLER MOVED APPROVAL OF. THE WARRANT LIST. PASSED 4-0. (Anderson absent.) C. Report of City Clerk on Posting of Agenda The City Clerk announced that pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on March 15, 1991. 4. CONSENT CALENDAR MONIA/KOHLER MOVED APPROVAL OF THE CONSENT CALENDAR. PASSED 4-0 (councilmember Anderson was absent.) A. Planning commission Actions, 3/13 - Noted and filed. B. Parks and Recreation Commission Minutes, 2/4 Noted and filed. C. Youth Commission Minutes, 2/11 - Noted and filed. D. Heritage Commission Minutes, 1/9; 2/6 - Noted and filed.. E. Tract 7770 Task Force Minutes, 2/21; 2/28 - Noted and filed. F. Authorization for MayOr to execute Agreement with Chevron Oil Co. to use City-owned Property at Memorial Arch Park for specified purposes. G. Authorization for City Clerk to execute contract to provide consulting services for facilitating of the Village Noise Committee. H. Authorization for Attendance of Recreation Director at Marketing and Revenue Source Management School, San Diego, August 25-30, with reasonable and necessary expenses. I. Final Acceptance, SDR 1586, Alta Vista Drive, (Diamond Development) and Resolution 91-29 accepting offers of dedication. J. Award of Construction Contract for retaining wall City Council Minutes 2 March 20, 1991 improvements on Pierce Road between Surrey Lane and Sarahills Drive to Chrisp Co. in the amount of $25,438.40. K. Authorization of 10K Montalvo Foot Race on April 13, 1991, conditioned on compliance with all requirements of Special Events Ordinance. L. Resolution 91-30 granting Spanek Appeal heard 3/6. M. Hakone Foundation Fund Raising - 2/3/91 through 3/4/91; Disbursement Report - None. N. City Financial Reports for January. 1) Treasurer's Report 2) Investment Report- 3) Financial Report CONSENT CALENDAR II Claims A. Claim of Enns in connection with fall in parking lot CLEVENGER/MONIA MOVED TO DENY CLAIM. PASSED 4-0 (Anderson absent.) Councilmember Anderson arrived. 5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS Marianne Swan, 20300 La Paloma, addressed the Council regarding a proposal for implementation of a developmental pre-school program for children two to four years of age. A dialogue proceeded between Mrs. Swan and Councilmembers. Councilmember Clevenger noted that the program was discussed at the Council's Policy Development Conference and will be discussed later tonight under agenda item 6-A. Joe Geraci, 13197 Berwick Court, addressed the Council as a resident of the Quito Park area. He made reference to a dwelling at 18661 McCoy Avenue, which has been licensed and given a permit by the City of Saratoga for a substance abuse rehabilitation program residence. He described the residence as a five-bedroom dwelling which allows up to two adult persons per bedroom. He opposes the intense use. In response tO Councilmember Anderson's question, City Attorney Michael Riback stated that this kind of activity is authorized under State law, and in most cases, cities are pre-empted from seeking any action. He explained what the exceptions to the State law might be. Following discussion, Council directed Staff to investigate the matter and report back to the Council. B. WRITTEN COMMUNICATIONS 1) Kathleen Mann, 18660 Devon Ave., regarding effect of Highway 85 interchange on Devon Ave. CLEVENGER/KOHLER MOVED APPROVAL TO SEND PROPOSED REPLY. PASSED 5-0. 6. OLD BUSINESS A. Confirmation of Notes from Policy Development Conference, March 8-9. Councilmember Anderson commented that under item 5A of the notes, xeriscaping was also discussed. Councilmember Clevenger referred to item 14 of the notes, and said that Mrs. Swan has indicated that there is a need for a pre-school program. City Council Minutes 3 March 20, 1991 Mrs. Swan asked Council to approve a $6,000 budget to create a pre- school program in the Arts and Crafts Room of the Parks and Recreation Department Community Center. She said the budget was approved two years ago when it was intended to be held in the Warner Hutton House which i~ now going to be the billiard room for teens. Councilmember Anderson suggested exploring the possibility of having the pre-school at one of the junior high or high schools. Mrs. Swan stated she would prefer to continue in the Community Center where she has access to all the equipment and recreational uses she needs. CLEVENGER/ANDERSON MOVED TO APPROVE THE PRE-SCHOOL PROGRAM AS A CITY PROGRAM AND DIRECT STAFF TO WORK OUT THE PROGRAM LOCATION WITH MRS. SWAN. PASSED 5-0. MONIA/CLEVENGER MOVED APPROVAL OF' THE POLICY DEVELOPMENT CONFERENCE NOTES AS MODIFIED. (ITEM 5A TO INCLUDE XERISCAPE DISCUSSION. ITEM 14 TO INCLUDE APPROVAL OF PRE-SCHOOL PROGRAM.) PASSED 5-0. B. Discussion of Naming City Streets for Naval Aviators lost off the USS Saratoga (CV-60) during Gulf War. Mr. Harry Peacock summarized the Staff Report dated March 20, 1991, to the Council. KOHLER/MONIA MOVED APPROVAL TO ASK THE HERITAGE COMMISSION TO BEGIN REVIEW OF STREET TO NAME FOR LT. COMMANDER SPEICHER, CURRENTLY LISTED AS MISSING IN ACTION. MOTION INCLUDES A WAIT OF THREE MONTHS BEFORE IMPLEMENTING THE ACTION. PASSED 5-0. C. Computer Networking - Revised proposal based on proposed system requirements discussed by the City Council on March 6, 1991. Mr. Peacock reported he researched Councilmember Monia's ideas for upgrading the proposed computer system. Mr. Peacock presented a revised proposal in the amount of $66,015.51. Following discussion, KOHLER/MONIA MOVED APPROVAL TO PURCHASE A NETWORKING SYSTEM PASSED 5-0. D. Route 85: Cox Avenue Overcrossing - Verification of structure elevation Mr. Peacock announced that Larry Perlin, City Engineer, has verified that the overcrossing at Cox Avenue is in conformance to approved plans. A discussion ensued wherein Mr. Perlin responded to Councilmembers' questions. Mayor Stutzman said that a way to verify the elevation is to do an independent survey. Councilmember Monia agreed with Mayor Stutzman, and directed Staff to determine the difference in elevation between existing Cox Avenue and the new Cox-Avenue on the bridge. E. Resolution 91-31 granting Salter Appeal heard 3/6. MONIA/CLEVENGER MOVED APPROVAL. PASSED 4-1 (KOHLER OPPOSED.) F. Report from Finance Director on League of California Cities Dues. Mr. Peacock reported that based on the City of Saratoga's decreased population, the City's membership dues to the League of Cities will be reduced by $700 next year. Councilmember Anderson asked staff to find out the amount of dues to join the National League of Cities and, if necessary, to agendize the item at a later date. City Counoll Minutes 4 March 20, 1991 G. Status Report from Planning Director on Grading of Velinsky Property. Mr. Perlin summarized the Staff Report dated March 20, 1991, to the Councii. He stated that the grading does conform to the design review approved by the City Council, and that all grading is within the 660 contour. Councilmember Monia reported that he spoke with Mr. Velinsky who is currently out of the country, and reviewed the purpose of his call. Mr. Velinsky will be back in town late next week at which time he will contact Councilmember Monia to try to facilitate the early planting. Wanda Alexander, a County resident, addressed the Council. Ms. Alexander stated that the excavation around the trees is between five and six feet. She said that at those points the grading is below the 660 contour. She expressed concern about other issues. A discussion ensued. Mayor Stutzman asked Ms. Alexander to submit a written list of her concerns so that they may be addressed by Staff. H. Report from Maintenance Director on Proposal to Design Beauchamps Park - Wallace, Roberrs and Todd. Mr. Peacock summarized the Staff Report to the Council. Dan Trinidad, Maintenance Director, responded to Councilmembers' questions. KOHLER/ANDERSON MOVED TO ACCEPT PROPOSAL AND APPROVE ENTERING INTO AGREEMENT WITH WALLACE, ROBERT8 AND TODD TO DESIGN BEAUCHAMPS PARK. PASSED 5-0. I. Bay Vision 2020 - Letter regarding Proposal. CLEVENGER/KOHLER MOVED THAT THE HAYOR BE AUTHORIZED TO SIGN THE PROPOSED LETTER. PASSED 5-0. J. Route 85: Saratoga Ave. Interchange - Final Approval and Authorization to Sign Plans. Mr. Perlin reviewed the Staff Report to the Council, and referred to the landscaping portion of the report. He said the Traffic Authority has not formally agreed to mitigate the loss or removal of four trees in front of 13533 Saratoga Avenue under the landscaping part of the Staff Report. He expects a decision from the Traffic Authority this regarding this matter this week. Referring to fiscal impacts of the report, Mr. Perlin reported that the developer of the Paul Masson Winery project has agreed to pay for the sound walls along his property and for the traffic signal at Vineyard Lane near the development. Councilmember Anderson commented that she attended a Traffic Authority Policy Advisory Board meeting. The Traffic Authority Staff Report indicates that the long-term impact of the economic slowdown may reduce revenues by $50 million. They will be having meetings with different City Councils along Corridors 101, 237, and 85, trying to make cuts to make up for the $50 million. Councilmember Anderson expressed that it is important that Saratoga be prepared to protect its contract and full plans for this project, including soundwalls and landscaping. A discussion ensued. Councilmember Anderson suggested contacting Mike Kotowski, representative to the Traffic Authority, and alerting him to the Council's concern. Mr. Perlin said that next month he will be attending the first meeting to the annual update to the Measure A Strategic Plan, and perhaps more information will be available to form a response to this issue. City Council Minutes 5 March 20, 1991 CLEVENGER/ANDERSON MOVED TO APPROVE FINAL DESIGN OF THE PROJECT AND AUTHORIZE THE CITY ENGINEER TO SIGN PLANS. Councilmember Monia observed that everything has a bell-shaped life cycle.' With the advent of this interchange and freeway, Saratoga will never be the same again. In his opinon, the community is now starting to be destroyed. He is voting in favor of the motion because contractually, the City is obliged to do so. The four remaining Councilmembers concurred with Councilmember Monia. MOTION PASSED 4-1 (KOHLER ABSTAINED). 7. NEW BUSINESS A. Contract for Services to conduct the necessary work to assess the potential. for soil or water contamination related to spills from a former underground fuel storage tank in the City Corporation Yard. Mr. Peacock reviewed the Staff Report dated March 20, 1991, to the Council. CLEVENGER/ANDERSON MOVED TO APPROVE CONTRACT FOR SERVICES. PASSED 5-0. B. Appointment of City Manager to Cable TV Board to replace Public Services Director. CLEVENGER/ANDERSON MOVED APPROVAL. PASSED 5-0. C. Resolutions 91-32 and 91-33 authorizing execution of Oil and Battery Recycling Agreement related to the Household Hazardous Waste Collection on March 30, 1991. CLEVENGER/ANDERSON MOVED TO ADOPT RESOLUTION 91.32. PASSED 5-0. CLEVENGER/ANDERSON MOVED TO ADOPT RESOLUTION 91.33. PASSED 5-0. D. Urgency Ordinance 71.61E-3 amending Ordinance 71.61E pertaining to Conservation of Water. Mr. Peacock reported that the City Attorney has prepared an Urgency Ordinance amending the current water conservation ordinance of the City, and reinstating the requirement of no water being served by restaurants to its customers unless specifically requested by the customer. The Urgency Ordinance also adds a new section to the Water Conservation Ordinance relative to requiring xeriscaping of future projects. Councilmember Anderson noted that although recent rainfall appears to be heavy, the County's reservoirs are still only up to 18% of normal; whereas, other reservoirs in the Bay Area are up 50% of normal. She said the consensus from the Santa Clara Valley Water District Board and Santa Clara Valley Water Commission is that water conservation will be required this year. Vice Mayor Kohler stated he is interested in viewing a sample xeriscaping project. Councilmember Monia questioned whether the proposed Ordinance would continue after the drought-is over, and stated he would not want it to continue. Councilmember Anderson stated that xeriscaping is the plan of the future. She said it is not necessary to make a decision tonight because the City can always reverse an Ordinance. Mr. Riback commented that the Ordinance will remain in effect until the Council decides differently. A discussion ensued, City Council Minutes 6 March 20, 1991 Councilmember Monia said he would not be supporting the Ordinance due to philosophical differences. Mayor Stutzman commented that building permits and hook-ups should be based on what the infrastructure can maintain. Mayor Stutzman expressed that the ordinance is a temporary measure. Vice Mayor Kohler agrees with Councilmember Monia, and commented that citizens have a right to spend their allocated water as they prefer. ANDERSON/CLEVENGER MOVED TO ADOPT URGENCY ORDINANCE NO. 71.61E-3, AMENDING ORDINANCE NO. 71.61E PERTAINING TO CONSERVATION OF WATER. PASSED 4-0-1 (MONIA ABSTAINED.) E. Agreements with West Valley for Use of College Recreation Facilities and to Resurface College Tennis Courts. MONIA/KOHLER MOVED TO AUTHORIZE CITYMANAGER TO EXECUTE AGREEMENTS AND DIRECT CITY A~'TORNEY TO REVIEW AS TO FORM. PASSED 5-0. F. Resolution 2621.4 amending fee resolution and Resolution 2575.32 adjusting budget to recover costs of newly-adopted State Department of Fish and Game fees required for the filing of Environmental Documents. Mr. Peacock sununarized the Staff Report dated March 20, I991, to the Council. KOHLER/MONIA MOVED TO ADOPT RESOLUTION NO. 2575.32. PASSED 4-0. (COUNCILMEMBERANDERSON LEFT THE MEETING FOR A FEW MINUTES AND WAS NOT PRESENT TO VOTE ON THIS MOTION.) MONIA/KOHLER MOVED TO ADOPT RESOLUTION NO. 2621.4. PASSED 5-0. G. Authorization of Publicity for Upcoming Hearings - Corson Appeal of Perry & Jones Project. ANDERSON/CLEVENGER MOVED TO APPROVE PUBLICITY AS RECOMMENDED. PASSED 5-0. Mayor Stutzman declared a recess. Upon reconvening, all Councilmembers were present. 8. PUBLIC HEARINGS - None. 9. CITY COUNCIL ITEMS A. Agenda items for joint meeting with Heritage Commission on March 26: 1) Review of HPC role in preservation projects in the last year 2) HPC work program for next year 3) The restoration and use of Warner Hutton House Other items to be considered at the conclusion of the joint meeting with Heritage Commission on March 26: 1) Continue discussion regarding Highway 85 and Quito Road overcrossing. 2) Petition of residents on Via Real regarding wall along Congress Springs Park. 3) Miscellaneous freeway issues. 4) Request from Project Match to use City's CDBG senior housing set-aside funds to establish a rental program in Saratoga. City council Minutes 7 March 20, 1991 5) TS010 height of sound walls. B. AB 233 (Quackenbush) Interdistrict Transfers, School Districts. Chris 'Reynolds, representative from Assemblymember Quackenbush's office, responded to Councilmembers' questions. CLEVENGER/MONIA MOVED TO SUPPORT AB 233. PASSED 5-0. C. Reports from Individual Councilmembers Councilmember Clevenger reported she attended a meeting of the Hakone Foundation. The Foundation has received a $10,000 gift from the Hitachi Foundation, and continues with its fundraising efforts. She reported that the Hakone Foundation has about 40,000 visitors per year and the Foundation has been discussing the possibility of charging admission to the ground. Councilmember Anderson directed Staff to investigate a traffic signal at Herriman and Saratoga-Sunnyvale Road which is facing the wrong direction. Councilmember Anderson inquired about the ex parte policy imposed upon the Planning Commission. Following discussion, Mr. Peacock explained that the principle should apply to both Planning Commission and City Councilmembers. Responding to Vice Mayor Kohler's inquiry, Mr. Riback explained the procedure for a city to become a charter city. Following discussion, THERE WAS CONSENSUS TO PLACE THIS ITEM ON THE APRIL 3, 1991 CITY COUNCIL AGENDA. Councilmember Monia reported that the system for televising Council meetings is expected to be installed in six to eight weeks. 10. CLOSED SESSION on pending litigation concerning on illegal grading, clearing and tree removal on Cocciardi/Chadwick development, Tr. 7770 and on potential litigation concerning whether to intervene in lawsuit (Citizens for Better Environment vs. EPA - Non Point Source Pollution Permit) 11. ADJOURNMENT The meeting was adjourned at 10:20 p.m. to 7:00 p.m. on March 26. Respectfully submitted, Lynda Ramirez Minutes Clerk