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HomeMy WebLinkAbout05-19-1993 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, May 19, 1993 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting 7:00 - Closed Session on Litigation in case of City of Saratoga and Town of Los Gatos vs. VMS et al.; status of meet and confer sessions with the-Saratoga Employees Association, consultation on management compensation system. Pledge of Allegiance 1. ROLL CALL Councilmembers Present: Burger, Kohler, Mayor Anderson Councilmembers Absent: Monia, Tucker Staff Present: City Manager Peacock, City Attorney Riback 2. CEREMONIAL ITEMS BURGER/KOHLER MOVED TO ADD A CEREMONIAL ITEM COMMENDING C.J. TOMAINO TO THE AGENDA. PASSED 3-0-2 (Monia, Tucker absent) KOHLER/BURGER MOVED TO ADD ITEM 7E TO THE AGENDA, A RESOLUTION DECLARING NEEDS AND BRUSH GROWING ON CERTAIN DESCRIBED PROPERTY TO BE A PUBLIC NUISANCE. PASSED 3-2-0 (Monia, Tucker absent) 3. ROUTINE MATTERS A. Approval of Minutes - 5/3; 5/5 BURGER/KOHLER MOVED TO APPROVE THE MINUTES OF 5/3, AS PRESENTED. PASSED 3-0-2 (Monla, Tucker absent) Mayor AndersOn made the following amendments to the Minutes of 5/5 as follows:- Page 6, 3rd paragraph from the bottom, should be "AB398"; same paragraph, last sentence should read, "She stated, we, the West Valley Cities will support this if the language does not change and the formation of sub-regional bodies remain voluntary". BURGER/KOHLER MOVED TO APPROVE THE MINUTES OF 5/5, AS CORRECTED. PASSED 3-0-2 (Monla, Tucker absent) B. Approval of Warrant List BURGER/KOHLER MOVED TO APPROVE THE WARRANT LIST. PASSED 3-2-0 (Monia, Tucker 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 May 14. 4. CONSENT CALENDAR These items will be acted upon in one motion unless they are removed from the Consent Calendar for discussion by Councilmembers or any interested party. A. Planning Commission Actions, 5/12 - Noted and filed. B. Public Safety Commission Minutes, 5/10 - Noted and filed. D. Approval of Grant of Easement to PG&E at Ravenwood Park and authorization for CityManager to execute F. City Financial Reports for April: 1) Treasurer,s Report 2) Investment Report City Council Minutes 2 May 19, 1993 3) Financial Report Mr. Tom Reddick, 12389 Larchmont Ave., requested the removal of items C and E. KOHLER/BURGER MOVED TO APPROVE THE CONSENT CALENDAR WITH THE EXCEPTION OF ITEMS C AND E. PASSED 3-0-2 (Monia, Tucker absent) C. Resolution Adopting Ball Schedules for. Municipal Codes Mr. Tom Reddick stated the residents should be informed about the bail schedules. He expressed concern about residents violating codes and not being aware of this. City Manager Peacock stated the City will be' taking' over total administration of parking violations under the municipal code. He stated the City Council, for the first time, is adopting the bail schedule and once the Council adopts the resolution the bail schedules will be publicized. Councilmember Kohler suggested posting. signs in 'areas were there is a specific problem. He stated the law enforcement agency should be informed about the bail schedules. Councilmember Burger concurred that the schedules should be publicized. KOHLER/BURGER MOVED TO APPROVE ITEM 4C. PASSED 3-0-2 (Monia, Tucker absent) · E. Authorization for staff to advertise Warner Hutton House Accessibility Improvements for Bids Mr. Reddick expressed concern about seniors not having accessibility to the Warner Hutton house. Councilmember Burger stated this item is addressing the construction of handicap bathrooms. Mayor Anderson stated staff will respond to Mr. Reddick's concern at a later meeting. KOHLER/BURGER MOVED TO APPROVE ITEM 4E. PASSED 3-0-2 (Monia, Tucker absent) CONSENT CALENDAR II - CLAIMS A. Claim of Fung in connection with fence damage by contractor in September 1991 Staff recommends that the City Council reject the claim due to lateness. BURGER/KOHLER MOVED TO REJECT THE CLAIM DUE TO LATENESS. PASSED 3-0-2 (Monia, Tucker absent) 5. COMMUNICATION8 FROM COMMISSIONS AND THE PUBLIC A. REPORT FROM STAFF: FOLLOWUP ON PREVIOUS ORAL COMMUNICATIONS - None requested by Council. City Manager Peacock reported on Councilmember Monia's inquiry at the last meeting regarding Saratoga Creek. He noted the Water District has installed temporary spreading basins for the purpose of percolation. He added these will be removed by October 15, 1993. City Manager Peacock reported on the Prospect Ave. overpass with regards to visual intrusion. He added the City Engineer had a meeting with the Traffic Authority who will come up with a solution to solve the problem. B. ORAL COMMUNICATIONS Mr. Leonard Siemek, 12191 Mellowood Dr., stated that he was informed City Council Minutes 3 May 19, 1993 that all fines collected for violations regarding water are given to the Water Company by the State Utility Commission. He stated a private company, such as the San Jose Water Company, can only collect fines with police authority. He noted the money from the fines does not belong to the Water Company, but to the City of Saratoga. He requested that the City Attorney write a letter to the San Jose Water Company demanding the money collected on fines be returned to the City. He also noted a letter should be written to the Public Utilities Commission requesting that they rescind their decision~ He believes the City Council should pass an ordinance that all fines belong to the City. Mr. Siemek stated the City of Milpitas collect the fines which are put into a special fund. Mayor Anderson requested that~ the City Attorney look into the legalities of these requests. C. WRITTEN COMMUNICATIONS 1) Memo from Library commission stating that fees for Blaney Plaza Banners should not be charged to certain groups Ms. Dorathy Skow, Library Commissioner, expressed concern about the fees charged. She stated all money earned goes directly to the library fund. She noted they have a banner up twice a year for a week. City Manager Peacock stated the City splits the fee with the Fire District. He stated it takes staff time and resources to put the banners up and take them down. He stated if the banners are to announce a fund raising event the policy is to charge $100 a week. Councilmember Kohler stated the fee should be charged as he feels this is the cost of doing business. Mayor Anderson believes if this fee is waived they are opening up for other groups to request an exemption. KOHLER/BURGER MOVED TO APPROVE NO CHANGE IN THE POLICY. PASSED 3-0-2 (Monla, Tucker absent) 6. OLD BUSINESS A. Award of Construction Contract for Saratoga Ave. Sidewalks - CIP 961 City Manager Peacock presented the staff report dated May 19, 1993. BURGER/KOHLER MOVED TO DECLARE JOSEPH J. ALBANESE, INC. THE LOWEST RESPONSIBLE BIDDER ON THE PROJECT; AWARD THE CONSTRUCTION CONTRACT TO JOSEPH J. ALBANESE, INC. AND AUTHORIZE STAFF TO EXECUTE CHANGE ORDERS TO THE CONTRACT UP TO $10,000. PASSED 3-0-2 (Monia, Tucker absent) ?. NEW BUSINESS A. Anlmal Control Services Proposal, Humane society of Santa Clara Valley City Manager Peacock stated a letter dated May 10, 1993 was received from the Humane Society proposing that the City take over animal control sheltering services at a cost of $65,370 per year. The service does not include licensing so the actual cost may be higher. Mr. Peacock stated licensing can be done efficiently and can generate more' revenue that it costs, however it does take staff time to canvass neighborhoods to see if dogs are licensed. He noted the Humane Society is proposing that cats be licensed. He stated he is seeking direction from the City Council at this time. Mr. Peacock stated this item was discussed at the Managers meeting and a committee of managers was formed to review the proposal with the Humane Society of Santa Clara Valley in an attempt to come up with a response to the proposals. He stated in order to provide these services the Council would have to adopt a Comprehensive Animal Control Ordinance. Councilmember Kohler questioned the mandated service and asked who is City Council Minutes 4 May 19, 1993 mandated to provide these services. City Attorney Riback stated there are several services listed in the letter which the Humane Society claim are mandated on the County or on the City, by default. He stated he is not certain if the Humane Society is correct, because part of the research he has done indicated that most services are not mandated upon the Cities. He does not agree with the Humane Society's conclusion that these services are mandated. City Manager Peacock stated Palo Alto has their own service and the City of Sunnyvale is proposing to do their own, but will not have it in place by July. Councilmember Kohler stated this is a good program and should be maintained. He feels the City could do an adequate job in licensing the animals. He stated the cat population will continue to grow unless- controlled and this should be looked into. Councilmember Burger stated the City Manager should remain in contact with the sub-committee. She would also like to know who is mandated to do this service. There was a consensus to continue to look into this matter. B. Resolutions directing preparation of Engineer,s Report and Appointing Attorneys in connection with Reauthorization of Landscaping and Lighting District LLA-1 for 1993-94 Staff recommends that the City Council adopt the resolutions. City Manager Peacock presented the staff report dated May 19, 1993. BURGER/KOHLER MOVED TO ADOPT A RESOLUTION DESCRIBING IMPROVEMENTS AND DIRECTING PREPARATION OF THE ENGINEER,S REPORT FOR FISCAL YEAR1993-94. PASSED 3-0-2 (Monia, Tucker absent). BURGER/KOHLER MOVED TO ADOPT A RESOLUTION APPOINTING ATTORNEYS FOR THE REAUTHORIZATION OF THE DISTRICT FOR FISCAL YEAR 1993-94. PASSED 3-0-2 (Monia, Tucker absent). C. Resolution preliminarily approving Engineer,s Report and setting dates for publlc meeting and protest hearing City Manager Peacock presented the staff report dated May 19, 1993. BURGER/KOHLER MOVED TO ADOPT A RESOLUTION OF PRELIMINARY APPROVAL OF ENGINEER,8 REPORT CITY OF SARATOGA LANDSCAPING AND LIGHTING DISTRICT LLA-1 FISCAL YEAR 1993-94. PASSED 3-0-2 (Monia, Tucker absent). BURGER/KOHLER MOVED TO ADOPT A RESOLUTION OF INTENTION TO ORDER THE LEVY AND COLLECTION OF ASSESSMENTS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, CITY OF SARATOGA LANDSCAPING AND LIGHT DISTRICT LLA-1 FISCAL YEAR 1993-94. PASSED 3-0-2 (Monia, TUcker absent). D. Memo Authorizing Publicity for Upcoming Hearings - Budget and Related Issues KOHLER/BURGER MOVED TO AUTHORIZE PUBLICITY FOR UPCOMING HEARINGS. PASSED 3-0-2 (Monia, Tucker absent).' E. Resolution declaring weeds and brush growing on certain described property to be a publlc nuisance. Staff recommends that the City Council adopt a resolution declaring weeds and brush growing on certain described property to be a public nuisance. City Manager Peacock presented the staff report dated May 19, 1993. He noted this is part of the new fire prevention measures being developed for the high fire hazard zone. He noted it is possible that some areas may be public properties and the City is proposing brush clearance in the public right-of-ways throughout the City's high fire hazard zone. City Council Minutes 5 May 19, 1993 KOHLER/SURGER MOVED TO ADOPT A RESOLUTION DECLARING WEEDS AND BRUSH GROWING ON CERTAIN DESCRIBED PROPERTY TO BE A PUBLIC NUISANCE. PASSED 3-0-2 (Monia, Tucker absent). 8. PUBLIC HEARINGS - 8:30 p.m. A. Appeal of denial of variance to exceed site,s maximum allowable floor area of 6,000 sq. ft. by 307 sq. ft. for construction of a 700 sq. ft. pool house; design review approval to allow the site,s gross floor area to exceed 6,000 sq. ft. The property is approximately 39,640 sq. ft. and is located at 20440 Montalvo Heights Dr. in the R-1-40,000 zone district (Appellant/applicant, Guglielml)(v93-002; DR93-005) Planning'Director Curtis presented the staff report dated May 19, 1993. He noted the Planning Commission did consider the variance but could- not make the findings and therefore denied the request. In response to Councilmembers questions, Mr. Curtis explained the maximum allowable livable area. Mayor Anderson opened the public hearing at 8:35 p.m. Mr. Joseph.Guglielmi, applicant, reviewed the findings he believes are adequate for the Council to grant a variance, as outlined in his letter to the Council. He noted the pool house provides required support facilities including bathroom, changing room, pool equipment storage and recreation space. He believes the request is consistent with the intent and purpose of the zoning ordinance and noted the structure has been designed to minimize the appearance of mass and bulk. It will also provide privacy. Mr. Guglielmi stated his lot is relatively flat and irregularly shaped and has a Unique physical characteristic in that it is located in a low,area surrounded by home sites built above it. He believes the granting of a use permit will not constitute a grant of special privilege as most homes in the area have a pool house of similar size. Mr. Guglielmi noted the project has been through the design process and staff approved the design. He noted it also provides for practical use of the property and he has full support from the neighborhood. Councilmember Burger noted she .did a site visit and met with the homeowner, the architect and the contractor. Mayor Anderson and Councilmember Kohler also noted they did a site visit. Ms. Ruth Mattern, 20460 Montalvo.Heights Dr., stated the pool house is along her fence and she is in full support of the design. She noted the construction of the structure will also provide privacy for her. Dr. James Marino, 20553 Montalvo Lane, spoke in support of the pool house. He noted this structure can not be seen from his main living area as it is screened by trees. Mr. David Noller, 15243 Montalvo Heights Ct., spoke in support of the pool house noting these are large homes with large lots designed for exterior landscaping and pools.= He believes Mr. Guglielmi is not asking for special privilege. He added the pool house will provide privacy and is not inconsistent with the neighborhood. Mrs. Marino also spoke in support of the structure. Mayor Anderson closed the public hearing at 8:52 p.m. BURGER/KOHLER MOVED TO REVERSE THE DECISION OF THE PLANNING COMMISSION AND GRANT THE VARIANCE WITH THE FOLLOWING FINDINGS: 1) FULL NEIGHBORHOOD SUPPORT; 2) THE POSITION OF THE LOT IS UNIQUE AND THE POOL City Council Minutes 6 May 19, 1993 HOUSE WILL PERMIT THE. PROPERTY OWNER TO ENJOY PRIVACY; 3) IT IS NOT A GRANT OF SPECIAL PRIVILEGE AS IT IS CONSISTENT WITH THE NEIGHBORMOOD; 4)THE REQUEST IS NOT EXCESSIVE. Councilmember Kohler stated he supports the motion and believes the use of the lot is very important. He also noted the property owner has full support from the neighbors. He addressed the landscaping and noted more trees will be planted. Mayor Anderson stated the location of the structure will provide privacy to both the neighbors and the property owner. The above motion was passed 3-0-2 (Monia, Tucker absent) BURGER/KOHLER MOVED TO APPROVE THE DESIGNREVIEW. PASSED'3-0-2 (Moni~, Tucker absent) City Attorney Riback was excused at this time. 9. CITY COUNCIL ITEMS A. Oral Communications (continued) and instructions to staff regarding actions on current oral communications 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 111 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 Kohler reported on the Sanitation District meeting noting animal pick up and streets were discussed. He stated it was decided to draft a resolution for the streets and the animal pick-up was not acted upon. He noted they also discussed the budget. Councilmember Burger stated the Sanitation District is continuing discussions on the budget. She noted she also attended the Senior Coordinating Committee meeting and their annual meeting will be May 26th and the Council is invited. Councilmember Burger reported on the outreach to the Asian community within the City. Mayor Anderson reported on the Regional Water Board Me~ting. They made a recommendation that they will monitor what Saratoga is doing. She also reported on Best Management Practices for Restaurants which has been initiated. City Manager Peacock reviewed the testing of Saratoga Creek and noted the video tapes will be reviewed. C. General Council Items 1) Agenda items for joint meeting with Youth Commission May 25 The Councilmembers briefly discussed MTV and noted this channel has been turned off. City Manager Peacock advised the Council that he may be late to this meeting. Regarding MTV, Mr. Peacock stated if Warnet House is going to be successful the City has to be careful not to shut out a segment of C~ty Council Minutes 7 May 19, 1993 the community. He noted they Cfty has to be sensitive to these issues. 2) Agenda items for joint meeting with Planning Commission July 13 City Manager Peacock stated staff will not be prepared to discuss the road systems, addressed at a previous hearing, at the joint meeting. 3) Approve schedule for recruitment of Planning Commissioner and Library Commissioner 4) Other City Manager Peacock reported on the Closed Session. He noted in the Matter of the City of Saratoga and the Town of Los Gatos vs. VMS, the City Council did vote 3-0 to authorize the legal counsel, representing- the City, to file a notice of complaint for one of the defendants in this case. He noted Management Compensation will be reviewed by the Council. 10. ADJOURNMENT The meeting adjourned at 9:15 p.m. to May 25 at 7:30 p.m. and to May 27 at 7:30 p.m. for a budget workshop with the Finance Committee in the Administration Meeting Room, 13777 Fruitvale Avenue. Respectfully submitted, Catherine M. Minutes Clerk