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HomeMy WebLinkAbout03-03-1993 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, March 3, 1993 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting Pledge of Allegiance 1. ROLL CALL Councilmembers Present: Burger, Monia, Vice Mayor Tucker Councilmembers Absent: Mayor Anderson, Kohler City Manager peacock noted that Mayor Anderson and Councilmember Kohler are out of the City and are excused. 'Staff Present: City Manager Peacock, City Attorney Riback, City Engineer Perlin 2. CEREMONIAL ITEMS A. Resolutions commending Commissioners Brenner, Newby, and Watkins for service on Library Commission B. Proclamation on Women's History Month C. Proclamation on Science Fair Week D. Proclamations on Soccer Player and Coach E. Proclamation on Chuck Kinderman and Green Valley Recycling 3. ROUTINE MATTERS A. Approval of Minutes - 2/17 MONIA/BURGER MOVED TO APPROVE THE MINUTES OF 2/17, AS PRESENTED. PASSED 3-0-2 (Anderson, Kohler absent) B. Approval of Warrant List MONIA/BURGER MOVED TO APPROVE THE WARRANT LIST. PASSED 3-0-2 (Anderson, Kohler absent) C. Report of City Clerk on Posting of Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on February 26. 4. CONSENT CALENDAR A. Plannlng Commission Actions, 2/24 - Noted and filed. D. Final Map Approval, 2 lots at 14644 Stoneridge Dr. (Developer, Mehaffey)(SD91-00S) Mr. TomReddick requested the removal of item 4B. Councilmember Burger requested the removal of item 4C. MONIA/BURGER MOVED TO APPROVE ITEMS 4A & D OF THE CONSENT CALENDAR. PASSED 3-0-2(Anderson, Kohler absent) B. Adoption of Resolution of Intention to ApproveAmendment to PERS Contract (2% at 55) Mr. Tom Reddick, 12389 Larchmont Ave., asked if the City will hire personnel to replace the people who retire. City Manager Peacock stated this is the first official step to move towards the employees' request for a modified retirement system. He added the City Council also noted that this change should not be of any more cost to the City itself. He explained the change requested by the employees. He noted the hiring of any new employees is subject to City Council Minutes 2 Hatch 3, 1993 Memorandums of Understanding and other labor contracts. MONIA/BURGER MOVED TO ADOPT RESOLUTION 93-008 APPROVING ITEM 4B. PASSED 3-0-2 (Anderson, Kohlerabsent). C. Approval of installation of Majordomo Coffee Service in Civic Theater for council and Planning Commission Meetings Councilmember Burger stated the cost for the installation of a manual coffee maker could be saved by eliminating coffee served at the City Council and Planning Commission meetings. Councilmember Monia spoke in favor of serving coffee at the meetings. He stated some residents have to endure long meetings and feels this is a reasonable expense. He suggested cutting the Councilmembers' stipend to fund the coffee. He added that refreshments should be available at the meetings. Vice Mayor Tucker stated the City is under a tight budget this year and noted providing coffee at the meetings is not necessary. She spoke in support of eliminating the coffee at both City Council and Planning Commission meetings. Councilmember Burger noted that she uses her stipend in full for the meetings she attends, as a representative of the City. BURGER/TUCKER MOVED TO ELIMINATE THE PROVISION OF COFFEE AND SOFT DRINKS AT ALL CITY COUNCIL ANDPLANNING COMMISSIONMEETINGS. PASSED 2- 1-2 (Monla opposed, Anderson, Kohler absent). 5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. REPORT FROM CITY .MANAGER: FOLLOWUP ON PREVIOUS ORAL COMMUNICATIONS - None requested by City Council. B. ORAL COMMUNICATION8 Mr. Tom Reddick, 12389 Larchmont Ave., feels there is a divided Council. He commented on the Council Agency Assignments and asked why they are distributed unevenly. He also stated that the CSO's should be eliminated and one more Sheriff hired. Mr. Reddick asked what the CSO's work entails and noted they cost too much money. Please send him a letter on these items. Mr. Jeff Schwartz, San Marcos Road, expressed concern about the lack of money spent on charities and the amount of money spent on the new City Hall. He feels the money spent on the City Hall was spent unnecessarily. Mr. Schwartz commented on the Grand Jury report regarding the Cocciardi situation. He suggested the City Council have a meeting with the Investigative Committee to discuss the matter and work on the progress reports. Mr. Schwartz commented on Quarry Creek, noting the problems arising there. He also suggested that the City forward the amended report to the Water Board and the report to the NPDES staff as well. C. WRITTEN COMMUNICATIONS 6. OLD BUSINESS - None 7. NEW BUSINESS A. Memo Authorizing Publicity for Upcoming Hearings - 24- Hour Business Ordinances; Kinnear Appeal; Desert Petroleum Appeal There was consensus to accept the staff's publicity recommendations. B. Establishment of a Beautification Committee and Tree Nursery for'Future Tree Planting City Council Minutes 3 March 3, 1993 Staff recommends that the City Council appoint Councilman Monia to try to assemble a volunteer core group of citizens to develop a plan and volunteer program to acquire and grow trees as nursery stock for future park, median and freeway landscaping. Councilmember Monia requested that this item be tabled until March 17, when a full Council is present. Councilmember Burger requested a background report on this matter from the members of the prior council. Because it was not yet 8:30 p.m., Vice Mayor Tucker proceeded to items following the public hearings on the agenda. 9. CITY COUNCIL ITEMS A. Oral Communications (continued) and instructions to staff regarding actions on current oral communications Councilmember Monia requested the Quarry Creek matter be placed on the agenda for discussion and requested a background report. City Engineer Perlin stated the area Dr. Schwartz referred to earlier, where there have been failures, iS outside of the City's Quarry Creek Project and is still the responsibility of Harbor Builders as a part of the Mt. Eden Estates subdivision. Councilmember Monia stated Councilmember Kohler received calls regarding this matter and would also like a report. Vice Mayor Tucker stated Dr. Schwartz's and Mr. Reddick's questions from Oral Communications should be answered at the next meeting. Councilmember Monia suggested a copy of the report received from the Grand Jury be sent to the Investigative Committee members. City Manager Peacock noted he will supply Mr. Reddick with a monthly report of the CSO's work in a letter. Councilmember Monia suggested that staff provide a report on suggestions the City Council can review to cut attorney's fees. City Manager Peacock stated this is on the Policy Development Meeting Agenda for discussion. B. Agency Assignment Reports 1. ABAG - Anderson 2. Cable TV Board - Monia 3. HCD Policy Committee - Tucker 4. Transportation Commission - Anderson 5. Hakone Foundation - Tucker 6. IGC - Kohler 7. Flood Control Advisory Board - Burger 8. League of Cities Peninsula Division - Tucker 9. Water District Commission - Anderson 10. Santa Clara County Cities Association - Tucker 11. Sister city Committee - Burger 12. Traffic Authority PoliCy Advisory Board - Tucker 13. Transit Assist Board - Burger 14. Senior Coordinating Committee Burger 15. West Valley Sanitation District Burger 16. School Resource Officer Task Force - Monia Councilmember Burger noted she attended the Flood Control Advisory Board meeting. She also stated that she attended the Sister City Committee Meeting and they are expecting a visit from the Sister City Representatives in June. Vice Mayor Tucker noted she attended the HCD meeting/but no action was taken. City council Minutes 4 March 3, 1993 C. General Council Items 1) Agenda items for Joint meeting with Public Safety Commission a) Overvlew of City Emergency Plan= Presentation by City Department Heads Endorsement of Youth Court program c) Recap of 1992 d) sheriff/school Resource Officer e) Terms of Publlc Safety Commission Members f) Semi-annual Meetings g) D.U.I. Program h) Goals for 1993 i} city council Input 2) Other Councilmember Burger noted the Bambi Hallmark shop in the Argonaut Shopping Center is closing. She noted they are not interested in staying in a shopping center which does not look good. 8. PUBLIC HEARING8 - 8=30 p.m. n. City of Saratoga Plan for Compliance withAmericans with Disabilities Act Staff recommends that the City Council direct staff regarding any changes to plan. Ms. Carolyn King presented the staff report dated March 3, 1993. She noted most of the buildings within the City already comply with ADA requirements. She stated copies of the Interim Transition Plan are available for review. Councilmember Burger asked if the County would be responsible for making the necessary changes at the library. Ms. King stated staff has to work with the County on this matter. Councilmember Burger commended staff for their work done on this issue. Vice Mayor Tucker opened the public hearing at 8:34 p.m. Mr. Tom Reddick, 12389 LarChmont Ave., asked when the City must implement the ADA requirements. City Manager Peacock stated the structural changes have to be completed by July 26, 1995. Vice Mayor Tucker closed the public hearing at 8:35 p.m. MONIA/BURGER MOVED TO RECEIVETHE PLAN. PASSED 3-0-2 (Anderson, Kohler absent). B. Appeal of denial of use permit to increase the height of an existing cellular transmission tower from 45 feet to 60 feet on a parcel of approximately 10,800 sq. ft. in a Professional-Administrative Office zone district at 1777 saratoga .Avenue (Appellant/applicant, KatO/GTE Mobilnet) (UP92-012) Staff recommends that the City Council grant the appeal, approving the use permit. Planning Director Curtis presented the staff report dated March 3, 1993. He noted staff did recommend approval, but the Planning Commission could not make the findings to approve the project and therefore denied the request. Councilmember Monia expressed concern about granting the request and City Council Minutes 5 March 3, 1993 setting a precedent, especially for a request in the village area. Planning Director Curtis noted GTE Mobilnet indicated that this 60 foot antenna would not preclude the need for another 60 foot pole within the City. He noted staff did recommend approval on a site specific basis. Vice Mayor Tucker opened the public hearing at 8:37 p.m. Vice Mayor Tucker noted she did talk to Peggy O'Laughlin as did Councilmember Burger. Ms. Peggy O'Laughlin, GTE Mobilnet, spoke in support of staff's recommendation. She noted the area in question, is one of the few areas in Saratoga that is zoned for this type of use. Ms. O'Laughlin outlined the surrounding area and feels this area is shielded from residential. She noted it will not be a visual impact to the surrounding neighborhood and the impact will be minimum. Ms. O(Laughlin stated the reason for the increase in height is because GTE have changed their equipment to ~mprove service. She added that Mr. Richard Gray is available to answer any technical questions. Ms. O'Laughlin concurred with Mr. Curtis regarding the approval for this specific site. She~,.noted this. site should be judged separately from ~ny ~other-potential sites within Saratoga. Councilmember Monia asked if there are requests in the future, would they also be for a 60 foot pole.. Ms. O'Laughlin stated there are many factors to consider when recommending the height of poles. She added, there are no plans to go to 80 foot poles at this time. City Manager Peacock stated a 60 foot maximum is written in the Ordinance. Mr. Richard Gray, GTE Mobilnet, explained. the reasons for the height requirement noting the change in equipment called for this request. He also noted they are looking for potential sites in the village area. Mr. Tom Reddick, 12389 Larchmont Ave., expressed concern about visual impact and concurred with the Planning Commission's recommendation. He suggested this item be tabled until a full Council is present. He feels the residents of Saratoga do not want the antenna and noted the 60 feet required is not in conformance with the surrounding buildings. He added this should be publicized before a decision is made. Ms. Nancy McKereghan, 20590 Canyon View Dr., encouraged the Council to uphold the decision of the Planning Commission. She expressed concern about visual impact. She does not feel the residents in Saratoga should put up with this increase because of a shortfall by GTE. She asked whether this was publicly noticed. City Manager Peacock stated normal public process was followed and it was publicized in the paper. Ms. O'Laughlin stated better cellular coverage benefits the community as a whole. Councilmember Monia questioned the problems GTE was having with the service. He also asked how much improvement is expected with the increase requested. Mr. Gray stated he does not have specific numbers at this time. He added that this site was one of six sites out of several hundred that they were experiencing problems with. He noted the reevaluation of this site and other sites come from customer complaints. Vice Mayor Tucker asked if the increase in height would provide equal or better service to the community. Mr. Gray stated the issue is the quality of service. He stated with this site they are in a situation were calls are not being passed on to City Council Minutes 6 March 3, 1993 other sites. He stated in an emergency situation, cellular would be used as a primary means of communication. Councilmember Monia stated he could not make any calls on his cellular phone during the last major earthquake. Mr. Gray stated the service was adequate in the area, but certain channels were blocked out. He added that cellular has a backup system. Mr. Jeff Schwartz, San Marcos Road, asked if there had been an EIR or EIS on this installation. City Attorney Riback stated the project was deemed categorically exempt under the City's CEQA guidelines. An EIR is not required. Mr. Schwartz believes there have been changes recently that would require an EIR before a cellular tower is installed. He stated the police and fire dispatch are not dependent on the cellular phones. Mr. Schwartz expressed concern about degrading the community to enhance profits of a private organization. Vice Mayor Tucker closed the public hearing at 9:10 p.m. BURGER/TUCKER MOVED TO APPROVE THE USE' PERMIT PER STAFF'S ORI62INAL RECOMMENDATION. Councilmember Burger stated she sees a benefit to.the community, as there are a large number of cellular phone users in this community. Councilmember Burger reviewed the surrounding uses of the site in question noting this is not a residential area, but a commercial area. She added she concurs with staff regarding the distance from residential and the irregular shape of the parcel. She noted the impact is minimal to none and it would improve communication for the users of cellular phone. Councilmember Monia stated he can not find any improvements to the public good compared to potential negative impact. He stated if the service needs to be improved it is incumbent upon the appellate to bring forth the data that service is not satisfactory. He stated there has been no evidence presented showing complaints from customers or that the service is not satisfactory. He feels there is no public good served by approving the request. Councilmember Monia also expressed concern about setting a precedent regarding 60 foot poles. Vice Mayor Tucker stated she did visit the site as she was concerned about height. She noted she drove around the area and could not locate the pole from various sites. She stated that although the poles are unattractive, they do provide service to the citizens. She did not feel that this was setting a precedence as the Council would look at this on a case by case basis. She spoke in support of the request. Councilmember Monia stated there has been no data presented showing a benefit to the community or improved service. He expressed concern about the system expanding and GTE requiring an 80 foot pole if this is approved. · The above motion was carried 2-1-2 (Monia opposed, Anderson, Kohler absent) . 10. CLOSED SESSION - None 11. ADJOURNMENT The meeting adjourned at 9:15 p.m. to 6:30 p.m. on March 9 in the Administration Meeting Room, 13777 Fruitvale Avenue, and to March 12 at 4:00 p.m. and 9:00 a.m. on March 13 in the Senior Day Care Center, 19655 Allendale Avenue. Respectfully submitted, Catherine M. Ro ard Minutes Clerk