Loading...
HomeMy WebLinkAbout08-04-1993 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, August 4, 1993 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting Closed Session Pledge of Allegiance 1. ROL~ CALL 'Councilmembers Present: Anderson, Burger, Monia, Kohler, Mayor Tucker Staff Present: City Manager peacock, City Attorney Riback, Public WorksDirector Perlin, Community Development Director Curtis Mayor Tucker thanked Pepsi Cola for supplying the soft drinks and coffee. 2. CEREMONIAL ITEMS - Proclamation on Beat the Back-Up Week 3. ROUTINE MATTERS A. Approval of Minutes - 7/7; 7/10; 7/13 BURGER/ANDERSON MOVED TO APPROVE THE MINUTES OF 7/7, AS PRESENTED. PASSED 5-0. ANDERSON/KOHLER MOVED TO APPROVE THE MINUTES OF 7/19, AS PRESENTED. PASSED 5-0. ANDERSON/KOHLER MOVED TO APPROVE THE MINUTES OF 7/13, AS PRESENTED. PASSED 5-0. B. Approval of Warrant List ANDERSON/KOHLER MOVED TO APPROVE THE WARRANT LIST. PASSED 5-0. C. Report of City Clerk on Posting of Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on July 30. 4. CONSENT CALENDAR A. Plannlng Commission Actions - None; 7/28 meeting was canceled. B.. Youth CommiSSiOn Minutes, 5/10 - Noted and filed. C. Public Safety Commission Minutes, 7/12 - Noted and filed. E. Hakone Foundation Quarterly Report on Fund Development/Donation Receipts (4/7-7/2) F. Monthly Report to Regional Water Quality Control Board on city NPDES Activity through 7/23/93 I. Quarterly Report from Public Works Director on Departmental Operations J. Acceptance and Acknowledgment of Donated Blueprint Machine - McDowe11' K. Acceptance of Donations of Various Furnishings and Equipment from Saratoga Area Senior Coordinating Council for Audit and Insurance PUrposes and Placement of Items on City Inventory by Finance Department Mr. Tom Reddick requested the removal of item 4H. Councilmember City Council Minutes 2 August 4, 1993 Anderson requested 'the removal of item 4G. Councilmember Burger requested the removal of items 4D & L. · KOHLER/MONIA MOVED TO APPROVE THE CONSENT CALENDAR WITH THE EXCEPTION' OF ITEMS D,G,H & L. PASSED 5-0. D. Approval of Agreement with Santa Clara County for 1993-94 Household Hazardous Waste Collectlon in an amount not to exceed $67,500 to p~ovide services to approximately 500 Saratoga users and authorization for City Manager to Execute on Behalf of the city In response to Councilmember Burger's question, City Manager Peacock stated the hazardous waste collection will most. likely take place at West Valley College, but that is not firm. BURGER/ANDERSON MOVED TO APPROVE ITEM 4D. PASSED 5-0. G. Resolutions establishing no passing zone on Fourth Street between Big Basin Way and Springer Ave.; designating the intersection of Clemson Ave./Swarthmore Dr./Vanderbilt Dr. as a stop intersection; prohibiting parking on portion of Trinity Ave.; designating the intersection of Lynde ave./Reid Ln. as a stop intersection; designating the intersections of Ljepava Dr./Shadow Mountain Dr. and Miljevich Dr./Shadow Mountain Dr. as stop intersections; designating the intersection of Buckhall Rd./Paseo Presada as a stop intersection. Councilmember Anderson no.ted a suggestion was made to have a stop sign on Lynde Ct. and believes a stop sign is needed here before school opens. Public Works Director Perlin stated this issue was addTessed during the traffic circulation discussions around Foothill School. He noted the stop sign in front of the school will be moved further out onto Lynde Ln. and the curb line will be extended in both directions. Councilmember Anderson noted she agrees that the stop sign at the school should be brought forward, but also believes a stop sign is needed at Lynde Ct. for residents coming out onto Lynde Ln. Councilmember Monia suggested sending this item back to the Public Safety Commission to review Councilmember Anderson's concerns. Public Works Director Pertin noted that several people from the School District and the School were involved in the discussions of the traffic circulation around the school, both on-site and off-site. KOHLER/MONIA MOVED TO ADOPT RESOLUTIONS MV-209, 210, 211, 212, AND 213 (ALL OF ITEM 4G EXCEPT THE LYNDE CT. RESOLUTION) AND HAVE THE PUBLIC SAFETY COMMISSION CONSIDER A STOP SIGN AT LYNDE CT. PASSED 5-0. H. City Financial Reports for June: 1) Treasurer,s Report 2) Investment Report 3) Financial Report 4) Quarterly Quarry Creek Trust Report Mr. Tom Reddick, 12389 Larchmont Ave., addressed the City's financial report. He stated he would like to know what the budget was when Mr. Peacock was hired and what the budget is today. Mayor Tucker stated the budget is public record and copies can be obtained from City Hall. KOHLER/BURGER MOVED TO APPROVE ITEM 4H. PASSED 5-0. City Council Minutes 3 August 4, 1993 L. Addendumto Urban County Joint Powers Agreement (HCDA) for FY 1994-96 Councilmember Burger stated she would like to bring to the Council's attention 2 new provisions, numbers 5 & 6 which were added by the County. She asked if these new provisions were the result of Operation Rescue and does it have any affect on Saratoga because of the recently pessed ordinance. City Attorney Riback stated the City does have provisions in its code which does enforce provisions 5 & 6. BURGER/ANDERSON MOVED TO APPROVE ITEM 4L. PASSED 5-0. 5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. REPORT FROM STAFFs FOLLOWUP ON PREVIOUS ORAL COMMUNICATIONS City Manager Peacock addressed an oral communication at a previous meeting regarding discrimination by the Sheriff's Department. He noted a letter was sent from the Sheriff's Department to the resident involved and as of July 30th there was no further response from the resident, therefore the Sheriff's Department considers the matter closed. B. ORAL COMMUNICATIONS Mr. Ralph Ramona, 18700~Casa Blanca Ln., noted that the sports channel is being removed. He Stated the residents have never received the outcome of the survey done by cable. Mr. Ramon stated he contacted several departments, both State and Cable TV, and was told to refer this back to the City Council. He stated he would appreciate the Council looking into this when negotiations with Southbay Cable continue. Mr. Peacock stated he has not seen the result of the survey, but will be having a meeting with Southbay Cable on August 12th. Mr. Marvin Becker, 12120 Mellowood Dr., addressed the removal of dead trees within the City. He expressed concern about the procedure a neighbor had to follow to remove a dead tree. Staff to report back on this matter at the September 1 meeting. Mr. Tom Reddick reiterated his comments addressed under the Consent Calendar. Councilmember Burger reiterated the budgets Mr. Reddick is inquiring about are available at City Hall. 1) Oral Presentation from Traffic Authority on Draft 1993 Strategic Plan Ms. Eileen Goodwin, Traffic Authority, gave an update on Highway 101, Highway 237 and Highway 85. She noted the Strategic Plan being circulated for 1993 shows a deficit of $1.7 million, but they are moving in the .right direction. Ms. Goodwin stated the Measure A Program, passed in November 1992, is under litigation. She reviewed the jump start program funded by the new measure. Ms. Goodwin stated the Traffic Authority choose to move forward with their plans at this time to stay on schedule and save the tax payers approximately $25 million. In response to CouncilmemberAnderson's questions, Ms. Goodwin stated, regarding the wall on Prospect, she received a petition from the homeowners and the engineer is reviewing this with regards to noise and visibility. She noted they will have a community meeting within the next few weeks. Regarding the tilt-up walls on Cox, Ms. Goodwin stated landscaping funds can be used for aesthetic purposes to paint the wall another color. She noted they have received no complaints regarding City Council Minutes 4 August 4, 1993 the color. In response to Councilmember Kohler's question, Ms. Goodwin stated the rainy season did hold up Construction work, but the Traffic Authority has been working with the contractors to stay on schedule as much as possible. She noted Route 85 will be open by the end of 1994. Councilmember Kohler pointed out that the debris on the Paul Masson site will be recycled and used for the freeway. In response to Councilmember Monia's question regarding reflective noise, Ms. Goodwin stated Cal-Trans is doing this study. She stated landscaping does help with the reflective noise. C. WRITTEN COMMUNICATIONS 1) Parks and Recreation Comm~sslon Recommendation to Approve a Bonsai Display Area in Hakone Gardens Staff recommends that the City Council approve in concept and ask Hakone Foundation to prepare an amendment to the Hakone Garden Master Plan to incorporate a bonsai display area for formal City Council approval at a later date. Ms. Gladys Armstrong, President, Hakone Foundation, stated the information presented to the Council went to the Garden Committee who approved the project. She noted they are asking for approval in concept, for a Bonsai Garden only. BURGER/KOHLER MOVED TO APPROVE THE CONCEPT OF A BONSAI GARDEN.' PASSED 2) Thomas S. Brachko, 16732 Cedarwood Circle, Cerritos 90701, requesting Support for Legislation for Employer Tax Credit to Teach English Councilmember TuCker stated it would be a good plan to support this. Councilmember Anderson spoke in support of this tax credit and noted people learning English is an asset to the Community. City Manager Peacock stated if all Councilmembers support this, they should send a letter to the City's representatives in the Congress in support of this. There was a consensus to send the letter. Mayor Tucker moved to the public hearings at this time. 8. PUBLIC HEARINGS - 8:30 p.m. A. Specific Plan for the former Paul Masson Winer~ site at northeast corner of Saratoga Ave. and Route 85, with the associated Negative Declaration. The purpose of the Specific Plan' is to ensure that appropriate development guidelines are in place for any future development plans for the 24-acre property. Planning Director Curtis noted that Planner Walgren has been involved in this project and will present the staff report. City Manager Peacock noted the City received a written communication dated August 3, 1993 from Matteoni Saxe & Nanda Lawyers. Planner Walgren presented the staff report dated August 5, 1992. He stated the primary components of the specific plan include the site analysis section, development opportunities and community response,' goals statement section and the implementation section. He addressed the land use plans as shown to the Council. Planner Walgren addressed the letter, as noted by the City Manager, from Matteoni Saxe & Nanda and outlined the changes requested. City Council Minutes 5 August 4, 1993 In response to Councilmember Monia's question regarding the changes requested by the applicant, Community Development Director Curtis stated staff is responding to the property owners 'latest information submitted after the Planning Commission's last public hearing. He noted staff is requesting that the City Council make the final decisions regarding the additional changes. Councilmember Anderson asked if it would be appropriate for the Planning Commission to consider the additional language. She noted there should be no language change between the Planning Commission and City Council meetings. Planner Walgren continued his p;esentation. He presented the Council with copies of language change to the land use plans. He stated the amended land use language, as presented, was distributed to the Planning Commission at their July 6th meeting for the specific purpose of reviewing the changes. He stated staff recommends that the City Council adopt the Paul Masson specific plan with the changes outlined in the staff report and adopt a Negative Declaration. In response to Councilmember Monia's guestion, Planner Walgren noted the Planning Commission did not review the final changes requested by the applicant. Mayor Tucker opened the public hearing at 8:47 p.m. Councilmember Monia stated he did talk with Mr. Tom DeRegt and Mr. Matteoni prior to the meeting. Mr. James Ousley, 20702 Seaton Ave., noted he owns a condominium in the Vineyards and expressed concern about the visibility of the Paul Masson site. He noted he would like to see this property appropriately developed and soon. He feels the plan will not result in near term development. Mr. Ousley stated a development plan should have two objectives, one, making sure development is compatible with adjacent properties and two, the development plan should be structured so the developer can have a reasonable potential of improving the land and selling at a profit. He stated he faults the plan, proposed by staff, on both these issues. Mr. Ousley stated the plan should be more flexible regarding density and buffers. He expressed concern about the economic viability of the site. He addressed the storm water being kept on site and noted this is an environmental nightmare. Mr. Ousley Stated 24 acres is a lot of land and one developer may not be able to develop the whole site and this may deter development of the site. He noted as a resident and property owner he would like to see this site developed, and encouraged the City Council to send the plan back to the Planning Commission with his comments and also comments from the City Council. In response to Councilmember Kohler's question, Mr. Ousley stated he does not disagree with the use of the plan and the comments he made are technical details which need to be discussed. He noted it is his personal assessment that the plan is too demanding on open space. Regarding the storm water, Councilmember Burger stated it should read storm water detention. Mr. Tom DeRegt, representing property owners, stated they have worked with staff and the neighbors on this project. He presented the background information on this property. He noted the goal is to create a specific plan which is flexible so as not to eliminate development which may be good for the City and the site itself. Regarding density, Mr. DeRegt stated there may be other types of density which may be acceptable to the City once development plans are submitted. Mr. DeRegt pointed out that the plan assumes land use ratios are consistent with the underlying zoning ordinance. He added this ordinance provides for flexibility, at Planning Commission and City council level, to amend the ratios if a plan warrants such amendments. He asked the Council what type of flexibility would be City Council Minutes 6 August 4, 1993 considered. In response to Councilmember Monia's question regarding using the word "shall" as opposed to "should" in the plan, Planner Walgren stated the word "shall" will not be deviated from and "should" is deemed to be appropriate, but allows for flexibility. Ms. Rebecca Chainey, 18859 Afton Ave., noted she has attended all the public meetings regarding this issue. She expressed concern regarding traffic and density. She noted if major changes are to be made at this time, the neighbors should be given the opportunity to respond. In response to Councilmember Kohler's question, Ms. Chainey stated alternate land use options was not a major concern at the meetings, but the neighbors expressed concerN about co~unercial use on the site. She noted the plan approved did address the neighbors needs.- Ms. Sheila Arthur, Chamber of Commerce, noted it is her job to promote business in Saratoga. She added, a lot of money is sent out of Saratoga because Saratoga can not house people who want to stay in the City. This results in the loss of taxes to the City and she suggested the City Council consider a hotel and keep the tax dollars in Saratoga. Mr. Gary Lang, 13712 Montrose St., stated he has attended many of the public meetings and feels changes should not be made at this time. He stated this development should not attract more traffic by adding more commercial use. He spoke in support of the wording in the plan limiting the access onto Afton Ave. to 15 homes. Mr. Eric Morley, Los Gatos/Saratoga Board of Realtors, stated the board did review the plan but took no formal position. He added the City should consider as much flexibility as possible, especially with regards to the density. Resident, Saratoga Ave., stated a hotel was proposed many years ago on this site. He noted staff has done a lot of work and the public have been involved. He added the Council should approve the plan as approved by the Planning Commission. Mr. Norm Matteoni, 1740 Technology Dr., representing Bank of America,- stated they do not wish this plan to go back to the Planning Commission. Regarding the changes proposed at this meeting, Mr. Matteoni stated they did not have an opportunity to respond to the plan because the Planning Commission closed the public hearing. He believes the Planning~ Commission addressed neighbors concerns. Mr. Matteoni addressed the proposed changes as outlined in his letter to the City Council. He presented proposed Changes to language regarding land use plans to the Council. Councilmember Anderson expressed concern about receiving so much extra material 'at this meeting and not having adequate time to review it before making decisions. Councilmember Monia stated the issue is the acceptance of the plan approved by the Planning Commission, not the changes being addressed at this meeting. He noted the City Council asked staff to prepare this plan and involve the public and this was done, now the Council have to make a decision whether to approve it or not.. Councilmember Monia stated Mr. Matteoni's proposed changes were not addressed by the Planning Commission. Mr. Matteoni stated the changes are the fine tuning of decisions made at the final public hearing session with the Planning Commission. Mr. Paul Jacobs, Planning Commissioner, addressed the letter dated August 2nd from Mr. Matteoni regarding the proposed changes. Regarding the buffer, he noted in the Planning Commission's minutes of June 23rd, the specific language is proposed and this was the language approved by the Commission. Regarding the Greenbelt/Common open space, he noted Chr. Moran directed staff "to draft language that would specifically exclude greenbelts and buffer zones from this section's requirements and provide language that calls for development of parks on the site City Council Minutes 7 AugUst 4, 1993 tO be in conformance with the gUidelines in the Recreation Element of the General Plan". He noted the Commission concurred with this. Regarding the Land Use Plan, the Commission, on June 23rd, was not given specific langUage concerning the'land use plan. He stated this was not a matter of discussion at the July 6th meeting. He noted that in his opinion none of"the plans submitted were preferred plans, but intended to be examples. He suggested the term"preferred" be replaced with "examples". Mayor Tucker closed the public hearing at 10:05 p.m. Councilmember Burger stated it is her understanding that the property owner was advised during all the meetings that this'was a city process and the owners were not invited to participate at that time. Any suggestions for changes and clarification would come at-City Council level. Mr. DeRegt, stated they got involved with the property last October. He noted between October and April they requested a joint study session with Council and Planning Commission. He added there was a delay in this meeting. He noted at the joint study session they were told that the specific plan process was moving forward and the property owner should work with this process. He noted they did work with staff and the neighbors, but felt they were restricted as far as comments, because it was a City plan. He stated the preferred plans are examples and noted the property owner was not allocated the time to give adequate input. He added the property owner did not request a specific plan. Councilmember Monia stated, on a 3-2 vote of the Council, this was to be a staff project with limited access of the Planning Commission. Community Development Director Curtis explained the specific plan process. He noted staff did not set property lines or get more specific, but dealt with general land use configurations. He noted the plans .are reflective of concerns and issues raised by adjoining residents and a site specific plan is the next step. Councilmember Monia expressed concern about the process this plan went through. Community Development Director Curtis stated staff prepared a draft specific plan and initiated public comment. He noted they took the information to a Planning commission workshop and public hearing. He added the applicant was available at the workshop and the public hearings. Mr. Curtis stated staff conducted the meetings with the neighbors. Councilmember Burger believes the Planning Commission was involved in this process and the plan before the Council tonight is a recommended action which included the Planning Commission, staff and the neighbors. MONIA/KOMLER MOVED TO APPROVE THE SPECIFIC PLAN AS RECOMMENDED BY THE PLANNING COMMISSION, ACCEPTING AMENDED PAGE 22, SUBMITTED BY STAFF AND REMOVE THE WORD "PREFEREED" FROM THE FIRST SENTENCE ON PAGE 22. Councilmember Burger spoke in support of the revised page 22, submitted by staff. She expressed concern about limiting density and precluding possible development similar to the Vineyards. She also expressed concern about restricting commercial use if a pl'an was submitted that would help the community. She expressed concern about stifling creativity. ~She noted she does agree that t~ere should be no commercial use anyWhere along McFarland or Afton perimeters. Councilmember Burger addressed page 20 of the specific plan, #5 and expressed concern that this statement may lead people to believe there will be a public park on this site. City Manager Peacock explained the requirements for park fees. Councilmember Kohler stated they have received input from neighbors and need to move ahead. He believes the neighbors do not want much City Council Minutes S August 4, 1993 commercial on this site. He spoke in favor of the plan recommended by the Planning Commission and noted the multiple use is flexible. In response to Councilmember Anderson's question regarding the storm water, City Manager Peacock stated the word should read "detention" as opposed to "retention". Councilmember Anderson stated this plan resembles a plan which existed in 1985. She noted in 1989 the voters elected to have the freeway interchange on Saratoga Ave. and she expressed concern about traffic. She noted that the traffic impact will occur from the interchange and not from the commercial on this site. Councilmember Anderson spoke in support of a hotel and density similar to the Vineyards. She also spoke in support of multifami~ with open space and 50% commercial. She noted there should be no houses along the freeway and,feels a hotel will provide a good buffer from the freeway. Councilmember Anderson expressed concern about the 15% maximum for commercial. She would like to see rental senior housing and also the possibility of affordable housing. She noted she opposes strip shopping. Councilmember Anderson stated she would like to see.-buffering to the housing more substantial than 30 feet. The Councilmembers noted they did meetindividually with Mr. DeRegt. Mayor Tucker stated she agrees with the motion regarding page 22. She expressed concern about limiting the commercial and noted her primary concern is that this should remain a residential neighborhood. She spoke in support of rental senior housing and affordable housing. The Council discussed the Greenbelt/Common Open Space and Community Development Director Curtis stated staff indicated it was appropriate to exclude Saratoga Avenue and McFarland Ave. perimeter. He also noted on Page 16, regarding commercial the word "should" allows flexibility for more commercial. Councilmember Anderson stated that hotels do not usually have open windows and therefore will not be affected by noise and pollution from the freeway. She noted this building would buffer residents from the freeway. City Attorney Riback stated the ordinance sets forth.the NPD standards and these may be modified if the Planning Commission can make the findings. He noted the flexibility is in the MUPD standards. Councilmember Monia stated Page 16, regarding the buffering, should not be changed. He suggested creative development while protecting sensitive areas at the same time. Councilmember Monia suggested amending the motion to add the following language'suggestion by City Manager Peacock "These greenbelts should not be allowed to contribute to the 50% (approximately 4.6 acres) common green landscape requi[ement where they abut Saratoga Avenue and McFarland Avenue." The Council discussed the amount of commercial use proposed. Councilmember Monia stated there is not a lot of support for commercial use in this area. He also expressed concern about other areas of commerctial pockets in Saratoga which are not occupied. Mayor Tucker reiterated the motion, the Council!approved the plan as recommended by staff, adding the new language for the buffer and the greenbelt/common open space, substitute page 22,. eliminating the word preferred, replace the word retention with detention. Councilmember Anderson stated that any housing should include affordable housing and this should be included in the mission statement. Regarding page 22, Community Development Director Curtis suggested the first sentence read "The following Land Use Plans A through E City Council Minutes 9 August 4, 1993 represents examples of the community's land use configurations for the former Paul Masson Winery site." The Council agreed that the word "preferred" as used in the plan should be eliminated. In response to Councilmember Monia's guestion regarding bonuses for affordable housing, Community Development Director'Curtis stated there is a 25% density bonus for affordable housing, but it would be a tough goal to obtain. ~ Councilmember Anderson stated she would prefer to see some affordable housing units throughout the City as opposed to a total low income housing project. , City Manager Peacock suggested the following language, "Any multiple housing provided should, at the very least, provide for some affordable housing as part of the development". Councilmember Kohler and Burger noted they would not support the above language. The language suggested by the City Manager in response to Councilmember Anderson was not to be included in the plan. The above motion, with all the amendments was passed 4-1 (Anderson NO). B. Change in garbage rates for residential, commercial and Drop Off Box services, to become effective on September 1. The rates will include amendments to the basic rate to recover added costs of operations and increased landfill costs, and amendments to rates to finance state mandates for Integrated Solid Waste Management, Household Hazardous Waste Disposal and Storm Water Management. City Manager Peacock presented the staff report dated August 4, 1993. He noted over the last three years the methods used for the rates and the amount of money that is raised has been changed by the number of mandates by the State of California regarding disposal and the Non- Point Source Pollution. Mr. Peacock presented slides outlining the following: Rates for Solid Waste Management Services; Census Changes 1993-94; Rate Composition 1993-94. He noted there is approximately a 17 1/2% increase for residential and commercial. He noted Green Valley has proposed that there be a limit to the tonnage that the base rate covers for Drop Off Boxes and if the tonnage exceeds this, there will be an additional cost. Mr. Peacock added that costs will continue to rise. He noted during the performance audit, the consultants will look at the methodology used to determine the rates and also the methodology used for charges in the hard-to-serve areas. In response to Councilmember Anderson's question, Mr. Peacock outlined the cost for storm water management and noted the creek monitoring program is included in this cost. Councilmember Anderson addressed the shortfall of $106,000 (1992-93) under rate calculations basis 1993-94, Mr. Peacock stated this is loss of DOB revenue and this is one reason why the City is going to the per ton system. He noted if the rates did not change for 1993-94 the shortfall would be approximately $400,000. Mr. Peacock pointed out that the rates set are not fully cost recovered this year. Mayor Tucker opened the public hearing at 11:25 p.m. Mr. Peacock outlined the garbage rates in surrounding cities. Mr. Marvin Becker, 12120 Mellowcod Dr., requested a copy of the slides presented by the City Manager. Mayor Tucker closed the public hearing at 11:28 p.m. City Manager Peacock stated that this matter was published in Saratoga City Council Minutes 10 August 4, 1993 News and the rates were also published. Councilmember Monia stated he would not support the rate increase at this time. He feels the reward for recycling is a rate increase and is frustrated by the increases each year. Mayor Tucker stated she did visit the landfill and it does cost more to recycle. BURGER/ANDERSON MOVED TO ADOPT RESOLUTION 93-033 TO INCREASE HATES CHARGED BY GREEN VALLEY DISPOSAL COMPANY FOR RESIDENTIAL, COMMERCIAL, AND DEBRIS BOX SERVICES EFFECTIVE SEPTEMBER 1, 1993. Councilmember Anderson stated she does not like to increase the rates, b~t feels it has to be done at this time.. Councilmember Kohler spoke in support of a senior discount. He stated he would be willing to look at a two tier system and increase the cost of the 2 can rate, but leave the i can rate as is. The Council briefly discussed Councilmember Kohler's suggestion and the cost involved. Councilmember Anderson amended the motion to have a policy review after the performance audit and a possible mid-year correction. The above motion with the amendment was carried 3-2 (Monia, Kohler No). In response to Councilmember Monia's question, Mr. Peacock stated if everyone went to one can, the rate would be $26.41 per can. C. Abatement of NUisance and Fixing of Special Assessment in connection with costs of hydroseedlng performed as a result of brush fire on October 4, 1992 - 1) Property of Liu (21409 Tollgate Road); 2) Property of Saude (14599 Deer Springs Court) city Manager Peacock stated this should be taken off the calendar at this time because the property owners had paid the assessments. D. Confirmation of Weed Abatement Assessment Report City Manager Peacock presented the staff report dated 'August 4, 1993. Mayor Tucker opened the public hearing at 11:45 p.m. and closed it at 11:45 p.m. MONIA/BURGER MOVED TO ADOPT RESOLUTION 93-034 CONFIRMING REPORT AND ASSESSMENT OF WEED ABATEMENT CHARGES. PASSED 5-0. E. Confirmation of Brush Abatement Assessment Report City Manager Peacock presented the staff report dated August 4, 1994. Mayor Tucker opened the public hearing at 11:47 p.m. and closed it at 11:47 p.m. MONIA/BURGER MOVED TO ADOPT RESOLUTION 93-035 CONFIRMING REPORT AND ASSESSMENT OF WEED AND BRUSH ABATEMENT CHARGES. PASSED 5-0~ 6. OLD BUSINESS A. Resolution appointing Council Representatives to Agencies (continued from 7/7) Mayor Tucker stated she did talk with all Councilmembers and they are satisfied with their assignments. She added that Councilmember Kohler requested the Sanitation District, but she will leave it with Councilmember Burger at this time because the district has a new director and three of the five people will be leaving. She also noted that Councilmember Burger has done an excellent job. City Council Minutes 11 August 4, 1993 Councilmember Kohler expressed his disappointment at not serving on this committee. He noted he would take Hakone Foundation. Councilmember Monia stated that in past years senior councilmembers chose their committees. City Manager Peacock stated he will prepare a resolution. 7. NEW BUSINESS City Manager Peacock made a request to add item 7E to the agenda regarding Animal Control Services. BURGER/TUCKER MOVED TO AD~ ITEM 7E TO THE AGENDA. PASSED 5-0. A. Approval of Cooperative Agreement #4-SARwith Santa Clara County Traffic Authority re: Funding for Bonnet Way Soundwall Public Works Director Perlin presented the staff report dated August 4, 1993. He noted the agreement will enable the Traffic Authority to reimburse the City for the additional lengths of the wall added on either end of the Bonnet Way soundwall. MONIA/BURGER MOVED TO APPROVE THE COOPERATIVE AGREEMENT AND AUTHORIZE ITS EXECUTION BY STAFF ON BEHALF OF THE CITY. PASSED 5-0. B. Resolution overruling protests, .ordering improvements and confirming diagram and assessment for Landscaping and Lighting Assessment District LLA-1 for 1993-94 Public Works Director Perlin presented the staff report dated August 4, 1993. He reviewed Council's direction from the last meeting as outlined in the staff report. He noted rates did go down from the last meeting. Mr. Klaus Pache, 14555 Big Basin Way, expressed concern about the sprinkler system and noted it has never worked in parking district #1. He stated trash is picked up by his staff and four street lights are out. He added he has paid his assessment in previous years and has got no service and feels any additional assessment is too much. Public Works Director Perlin stated there is no assessment for parking district #1. He stated staff will look into the maintenance problems addressed by Mr. Pache. KOHLER/ANDERSON MOVED TO ADOPTRESOLUTION 93-018.4 OVERRULING PROTESTS, ORDERING IMPROVEMENTS AND CONFIRMING DIAGRAM AND ASSESSMENT FOR LANDSCAPING AND LIGHT ASSESSMENT DISTRICT LLA-1 FOR 1993-94. PASSED 5-0. ? C. Ordinance revising Article 7-Z0 Of the City Code pertaining to Animals and Fowl (first reading and introduction) City Manager Peacock presented the staff report dated August 4, 1993. Councilmember Anderson addressed the restricted number of animals. The Council briefly discussed the number of animals allowed in a home before the owners are considered breeders. Councilmember Anderson stated that if a person has more than four dogs it is considered a kennel and must be in the proper zone. Councilmember Peacock stated this issue will be addressed in the zoning ordinance. Mr. William T. Brooks, 20230 Merrick Dr., stated when license fees are imposed the Council should take a look at what the amounts are and what they are for. He expressed concern about animal owners paying for picking up dead animals which other residents benefit from. He suggested the Council look at a fee structure to include the whole community. City Council Minutes 12 August 4, 1993 BURGER/ANDERSON MOVED TO INTRODUCE THE ORDiNANCE BY TITLE ONLY, WAIVING FURTHER READING. PASSED 5-0. D. Memo Authorizing Publlcity for upcoming Hearings - Open Space' Element; Cable TV Ordinance and Transfer Agreement ANDERSON/BURGER MOVED TO AUTHORIZE PUBLICITY FOR UPCOMING HEARINGS. PASSED 5-0. Mayor Tucker suggested putting an ad in the Saratoga News regarding the open space element and the CATV Ordinance. Mr. Peacock stated notices have been sent out to community groups and broadcast on KSAR. There was a consensus to place an ad in the Saratoga News. 7. E. Animal Control Services City Manager Peacock presented the staff report dated August 4, 1993. He reviewed the recommended actions as outlined in the staff report. He noted that two service level options have been proposed: 1. The $16,200 option includes the pickup of stray animals; 2. The $13,850 option excludes such pickup. Persons finding or containing strays would have to deliver them to the animal shelter in Santa Clara. He noted staff also needs authority from City Council to spend approximately $5,000 to prepare for the licensing program. He added a dog license will be required and an alternative to licenses for cats would be to register the cat so owners can be traced. Mr. Peacock briefly reviewed the fee structure. He added the animal shelter will not take animals from Saratoga which have been picked up unless there is a contract. Mr. Peacock stated the proposed contract will cover three months~ starting August 15th ending November 15th. In response to Councilmember Kohler~s question regarding the fees, Mr. Peacock stated in working with other cities they are trying to standardize the fees as much as possible. He noted the fee structure is consistent with other areas throughout the State. He added fees have to be balanced and believes the method proposed is the best method at this time. MONIA/BURGER MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR ANIMAL CONTROL SERVICES WITH THE HUMANE SOCIETY OF SANTA CLARA COUNTY. PASSED 5-0. 9. CITY COUNCIL ITEMS A. Oral Communications (continued) and instructions to staff regarding actions on current oral communications 9. C. 2) b) Resolution accepting Petition (Leonard Road Assessment District) Public Works Director Perlin presented the staff report dated August 4~ 1993. He stated in order to move forward with this project the City needs to receive petitions from property owners who represent 60% of the property. He noted they have only 58 1/2%. Mr. Perlin noted parcel 5 has changed hands and has not opposed the project at this time. He noted the process can be moved forward if the Council wishes to do that. He stated a 1931 Act report needs to be prepared and this can be folded into the engineers report if the project moves forward. He stated the resolution of intention would have to be modified to call for the preparation of the 1931 Act report. He added to move the process forward it will cost approximately $12,000 to get all the information. , He stated property owners have been notified that they will incur these costs. Mr. Peacock stated some residents are against moving the process forward and they can not be forced to pay their share. City Council Minutes 13 August 4, 1993 Councilmember Monia suggested looking at property lines as some property lines may extend out to the middle of the road. Public Works Director Perlin stated this may be the case on some properties and will look into this. City Manager Peacock stated the issue is whether or not staff can verify that the 60% exists. If the Council passes the resolution which accepts the petition and the verification indicates 60% in support of the-project, then the resolution ia valid. If there is not 60% support the resolution is invalid. Councilmember Anderson suggested that Mayor Tucker contact the property owners of parcels 5 and 9.° ? City Manager Peacock suggested adjourning this meeting to August 10th, and if there is not enough support the meeting will be canceled. c) Discuss cellular telephone facility land use regulatlons Community Development Director Curtis stated the issue is the proposed cellular antenna location being considered on the commercial building in the village area. He noted staff can approve the permits for this, but there are sections in the zoning ordinance under the design review standards, that indicate if there is substantial alteration in the building, this could be referred to the Planning Commission for design review. Mr. Curtis noted he has reviewed the proposal and talked with representatives from both GTE Mobilnet and Channel One and indicated they will be forwarding this to the Planning Commission. Councilmember Monia spoke in support of the design review process through the Planning Commission. He stated health issues need to be addressed as they need to determine if there is a health problem. He added he is 'not satisfied that the health issue has been addressed adequately. Mayor Tucker stated the applicant has asked a professional to write a letter regarding the health problems. Councilmember Monia asked if the Council should review the ordinance regarding this issue. City Attorney Riback stated this is going through design review approval and this becomes a discretionary approval. The City then has some control to look at this from an environmental perspective. If there is enough evidence that there is a potential environmental hazard further environmental review will be required on that specific issue. 9. ~ 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 ll. 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. County Cities Assn. Legislative Task Force - Monia 17. Emergency Planning Council - Kohler Councilmember Burger reported on. the Senior Coordinating Committee. She noted the audit of SASCC was successfully completed and also there City Council Minutes 14 August 4, 1993 is a new Alzheimer's Disease support group in the day care center. C. General Council Items 1) Consideration of date for adjourned regular meeting to discuss hillside street improvement and maintenance pollcles (August 24 or later) - Consensus to have a meeting on August 24, 1993. 2 ) Other a) AB39S (San Francisco Bay Area Coordinated Planning) Councilmember Anderson noted sh~ has talked to public officials who are also concerned about this. She suggested writing a letter to ABAG indicating it is inappropriate for ABAG to claim authorship for this bill as the bill has changed several times. She noted letters should be sent to, the individual members of the Senate Appropriations Committee. She noted there is not enough substance to this bill and this should be indicated in the letter. Mayor Tucker passed out a program to each Councilmember, that she would like to get started in the City. She stated the program involves Councilmembers going to a shopping center once a .month to answer questions from the residents. 10. ADJOURNMENT to meeting of Saratoga Public Financing Authority immediately following MEETING OF SARATOGA PUBLIC FINANCING AUTHORITY Roll Call - All present A. Resolution Adopting Conflict of Interest Code BURGER/ANDERSON MOVED TO ADOPT RESOLUTION 93-031.15PFA ADOPTING CONFLICT OF INTEREST CODE. PASSED 5-0. B. Adjournment to meeting of Saratoga Parking Authority immediately following MEETING OF SARATOGA PARKING AUTHORITY Roll Call - All present A. Resolution Adopting conflict of Interest code MONIA/BURGER MOVED TO ADOPT RESOLUTION 93-031.16PA ADOPTING THE CONFLICT OF INTEREST CODE. PASSED 5-0. B. Adjournment to meeting of Saratoga City Council immediately following MEETING OF SARATOGA CITY COUNCIL Roll Call - All present A. Adjournment The meeting was adjourned at 1:20 a.m. to August 10 and then August 24 at 7:30, p.m. in Administration Meeting Room, 13777 Fruitvale Avenue. Respectfully submitted, Catherine M. Minutes Clerk.