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HomeMy WebLinkAbout10-06-1993 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, October 6, 1993 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting Pledge of Allegiance Mayor Tucker.said the Pledge of Allegiance in memory of Mr. and Mrs Eugene O'Rorke's son. Mayor Tucker thanked Pepsi Cola for supplying drinks at this meeting. 1. ROLL CALL Councilmembers Present: Burger, Monia, Kohler, Mayor Tucker Councilmembers Absent: Anderson Staff Present: City Manager Peacock, City Attorney Riback, City Engineer Perlin 2. CEREMONIAL ITEMS A. Resolution Appointin~ Planning Commissioner - Kaplan BURGER/KOHLER MOVED TO ADOPT A RESOLUTION APPOINTING PLANNING COMMISSIONER KAPLAN. Councilmember Kohler questioned the legality of the procedure when selecting a commissioner. City Attorney Riback, stated the process is legal because a majority voted for the applicant. He stated the question is whether the Council is comfortable with this procedure or should consider another procedure. He added the Council does, in general, follow Robert's Rules of Order but can enact their own procedures. Mayor Tucker explained the procedure which was taken over a month ago to select the Public Safety Commissioner. She noted ]there was no objection at that time and the same procedure was followed to select the Planning Commissioner. She noted Councilmember Kohler did not take the opportunity to speak on behalf of the candidate of hi's choice, but the opportunity was given. She noted the City Manager suggested that in the future each Councilmember, before a vote is takeh, be allowed a chance to speak on behalf of a candidate. Councilmember Kohler stated he did not have an opportunity to speak on behalf of a candidate. Councilmember Monia stated the Councilmembers should talk about the strengths and weaknesses of a candidate. He stated, in this case, there was never the opportunity to find out if the other candidates had any support. He stated it would be beneficial for the candidates to find out if they had any support. Mayor Tucker suggested the Council have a study session and discuss the procedure. Councilmember Burger believes this procedure was conducte~d properly by the Mayor and should not be debated at this time. Councilmember Kohler reiterated his dissatisfaction with ~he procedure and for this reason will vote no.. The above motion was carried 3-1-1 (Kohler No, Anderson absent). · Mayor Tucker welcomed Scout Troop 312. B. Administration of Oath of Office to above C. Proclamation on UN Day City Council Minutes 2 October 6, 1993 Councilmember Kohler stated he has not been in support of UN Day and believes it should not be celebrated because of the current problems with the United Nations. He stated it is not the Council's duty to support this. He addressed the problems in Africa and noted the United States is suffering terrible losses and UNDay should not be celebrated in Saratoga. The City should not be a forum for this type of discussion; he feels it is a waste of money to support the UN. D. Proclamation on SWOOPE Awareness Month 3. ROUTINE MATTERS A. Approval of Minutes - 9/15; 9/21 Councilmember Kohler amended the minutes of 9/15 as follows: Page 5, he noted he voted against the 15 year contract for Cable'TV and would like this reflected in the minutes. Councilmember Monia amended the minutes of 9/15 as follows: regarding item 7B, he stated he made a suggestion that staff should look into encouraging the applicant to apply for a use permit as opposed to a temporary use permit. Mayor Tucker stated the minutes stand approved as corrected. Councilmember Kohler amended the minutes of 9/21 as follows: Page 1, regarding item 3, he would like to add "there was no opportunity to vote" to his comments. Councilmember Monia stated the minutes should state that the Mayor preempted the selection process by stating that she wodld not allow negative comments concerning any candidate. ~ Mayor Tucker reiterated the process and noted if anyone had any positive comments in support of a candidate they should have voiced them at that time. Mayor Tucker stated this issue will be discussed at a later time. Councilmember Burger made a motion to approve the minutes of 9/21, but the motion died due to lack of a second. Mayor Tucker stated if there are no further corrections or additions to the minutes, they stand as approved. · MONIA/KOHLER MOVED TO OVERRULE THE MAYOR. Councilmember Monia stated these minutes and the procedure should be discussed at a later date. Mayor Tucker stated the approval of the minutes will be!postponed at this time. Councilmember M0nia withdrew his motion. B. Approval of Warrant List BURGER/MONIA MOVED TO APPROVE THE WARRANT LIST. PASSED 4-0-1 (Anderson 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 October 1. 4. CONSENT CALENDAR A. Previously-Discussed Items - None. B. New Items 1) Planning Commission Actions, 9/22 - Note and file. City Council Minutes October 6, 1993 2) Youth Commission Minutes, 6/147 8/16 - Note and file. 3) Heritage Preservation Commission Minutes -~7/13; 8/10 - Note and file. 4) Public Safety Commission Minutes, 9/13 - Note and file. 5) Approval of Speclal Event Permit for 10/30/93 Village Halloween Costume Walk, conditional upon satisfaction of Ordinance Requirements Award of Construction Contract to Mello Pipeline in the amount of $5,900 for storm drain repairs on Crisp Ave. 7) Award of Contract for Annual Street Sweeping Services S) Approval of Consulting Services Agreement with Greening Associates of Santa Cruz for Landscaping Replacement along Rodeo Creek 9) Final Acceptance of Work, Bonnet Way Soundwall, CIP 9113 11) Approval of Cooperative Agreement No. 5-SAR with Traffic Authority concerning Warner Hutton House Landscaping Councilmember Monia requested the removal of item 10. BURGER/MONIA MOVED TO APPROVE THE CONSENT CALENDAR WITH THE EXCEPTION OF ITEM 10. PASSED 4-0-1 (Anderson absent). 10) Approval of Consulting Services Agreement with H.T. Harvey and Assoc. for Quarry Creek Mitigation, CIP 9109 Councilmember Monia questioned the replacement of the wetlands. He also asked whether the consultant selected will address the wild cats in this area and what will happen to them. Mr. Perlin, City Engineer, stated additional wetlands will be created in the area identified on West Valley College campus. He stated he is aware of the wild cats in this area and noted Mr. Stevens from H.T. Harvey may want to address this. He stated by creating additional wetland habitat in this area it will provide additional shelter and coverage for wildlife attracted to this area. i~l Mr. Daniel Stevens, H.T. Harvey & Assoc., stated, awarded the contract, they will study the wild cat situation. noted on a preliminary basis, the wild cat issue is directly related to the food sources being brought by the neighbors. He noted the type of work they are proposing in this area is not likely toincrease ~the wild cat population. He stated the habitat restoration proposed Would greatly increase the ability of this area to support native wildlife populations. Councilmember Monia expressed concern about protecting the native wildlife. Mr. Stevens stated they could encourage the college to take action to discourage people from feeding the cats. In response to Councilmember Kohler's concerns, Mr. Perlin stated the work on West Valley College is not the entire scope of the project. He noted there will be revegetation done at Quarry Creek. He stated they will not try to establish wetland habitat in this location. Mr. Perlin stated $23,000 will be used to h i habitat de at West Valley College. He stated there is no feasible way to replace the wetlands at Quarry Creek, but as a requirement of th~s project an additional wetland habitat must be created. If it can not be done on City council Minutes 4 October 6, 1993 is West Valley College. In response to Councilmember Kohler's question, Mr. Perlin stated the portion of Quarry Creek which is currently being worked on is not the portion under discussion at this time. He stated he will look into the complaint that they are starting work at 6 a.m.. Mr. Bert Martel, Fruitvale Ave., stated he is involved in~the wildlife sanctuary at .West Valley College and would like an explanation as to what is going on regarding the wildlife habitat. ~ Mr. Greig Rose, West Valley College, reviewed the area for the wildlife habitat. He stated it will be a minimal change, but will increase the wildlife habitat. Mr. Bert Martel expressed concern about the management of this wildlife area, stating that all of the land animals in the wildlife sanctuary are dead. Mr. Rose stated there area number of animals currently living in the habitat. ~e stated a wildlife biology class routinely monitors what is going on in this area. City Manager Peacock stated the City may need to enter into an agreement with West Valley College regarding the maintenance of the wetlands after construction. He also noted the wild cats are not native to this area and if there is a concern this should be dealt with through animal control services. MONIA/BURGER MOVED TO APPROVE 4B10 AND REQUIRE THAT H.~. HARVEY AND ASSOCIATES ADDRESS THE ISSUE OF THE WILDCATS ANDTHE GENERaLMANAGEMENT OF THE HABITAT AND COME BACK WITH A REPORT. Councilmember Kohler asked if the Fish and Game Department agreed to this proposal. Mr. Perlin stated this issue has been discussed with the Fish and Game Department and they are familiar with the sites. He noted they have indicated they are supportive of this kind of approach. Mr. Perlin added, as part of the plan that is eventually developed, they will prepare a maintenance and monitoring plan which will be given to the college. The above motion was carried 4-0-1 (Anderson absent). 5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. REPORT FROM STAFF: FOLLOWUP ON PREVIOUS ORAL COMMUNICATIONS 1) Report from Community Development Director on Noise Calls at Villa Montalv0 - Wanka Communication 9/15 ~ City Manager Peacock presented the staff report dated September 29, 1993. He reviewed two incidents which have occurred recently regarding noise violations, but noted neither of these noise levels. exceeded the City's noise ordinance. He added a maximum of 54 DBA is allowed as part of a Court Order. He noted Judge Komar will be notified regarding the noise levels. In response to Councilmember Monia's question, Mr. Peacock stated for the purposes of enforcement there must be a minimum standard which they can operate under. Councilmember Monia stated there needs to be clarification as to the minimum standard allowed in the Noise Ordinance. Mr. Peacock stated the 54 DBA, as chosen by Judge Komar, apparently came from a previous agreement between Montalvo and the City. Mayor Tucker moved to the public hearings at this time. City Council Minutes 5 October 6, 1993 8. PUBLIC HEARINGS - 8:30 p.m. A. Ordinance permitting a code violation to be charged as an infraction rather than a misdemeanor at the discretion of the enforcing authority (first reading and introduction) .I Staff recommends that the City Council introduce the ordinance by title only, waiving further reading. City Attorney Riback stated this ordinance would make all municipal de e upon the code violations either misdemeanors or infractions, p ~ding determination of the enforcing authority as to the seriousness of the violation. He stated this would provide flexibility for the Community Service Officers to make the determination to issue either a misdemeanor or an infraction. He stated an infractio~ can not be charged as a misdemeanor. Mr. Riback reviewed two incidents, as explained in his memo to the City Council, one being a misdemeanor and the other an infraction. In response to Councilmember Kohler's question, Mr. Riback stated citations and criminal complaints are being drafted on a regular basis. In response to Councilmember Burger's question, Mr. Riback stated the City Attorney has the authority, when the citation is filed, to modify the CSO's determination to a higher charge. He added the court also has the authority to charge as a misdemeanor, if they see fit. He stated a misdemeanor will stay on a person's record. Mayor Tucker opened the public hearing at 8:40 p.m. ct i a. p against the proposed ordinance. She believes that reducing charges will give the City less control. She stated allowing ihfractions to be added would open the door to time consuming misinterpretation, arguments and possible litigation. She added the CSO's chrrently have the authority to issue a citation or not. She requested the City Council vote against the proposed ordinance. Mayor Tucker closed the public hearing at 8:42 p.m. In response to Councilmember Monia's question, Mr. Riback stated if it is determined, after an infraction citation has been written, that a more appropriate charge would be a misdemeanor, a misdemeanor complaint can be filed. City Manager Peacock stated the o~dinance would allow any misdemeanors, under the City Code,.to be cited as an infraction. He stated it will not change the status of the infractions currently written in the City Code. City Attorney Riback stated this ordinance will streamlin the process by allowing the enforcing officer flexibility to make the 8etermination that a particular violation does not warrant a misdemeanor citation. councilmember Monia questioned the fairness issue. H~ stated two Community Service Officers may have different opinions] regarding a particular violation. City Attorney Riback suggested that the CSOs make a list ~f violations they believe are creating the problems. He stated this list can be reviewed by the City Manager, City Attorney and City council. city Manager Peacock stated when a misdemeanor is filed it must go through the City Attorney's office, who can make the determination that the violation is an infraction. Councilmember Monia suggested that this list be considered as part of the policy. Mr. Peacock stated staff will bring this list back to the City Council for review. City Council Minutes 6 October 6, 1993 . Councilmember Monia spoke in support of a lesser charge f r people who make an honest mistake. He stated he would like to review the list. ._ City Attorney Riback stated the list will reflect the current problems the CSOs are facing. MONIA/BURGER MOVED TO INTRODUCE THE ORDINANCE BY TITLE ONLY. PASSED 4-0-1 (Anderson absent). Councilmember Monia requested that the Council discuss ithe football games at West Valley College under the New Business section of the agenda. City Manager Peacock stated, as there could be potentialscourt action against the College, this should be discussed in closed session. He added, Councilmember Monia requested that this matter be discussed because the football game occurred after the publication of the agenda. There is also another game scheduled before the'next Council meeting. MONIA/BURGER MOVED TO ADD THE DISCUSSION OF THE FOOTBALLiGAMES TO THE CLOSE SESSION. PASSED 4-0-1 (Anderson absent). Councilmember Monia requested that Mr. Wanka address ite 5A1. Mr. Wolf-Andre Wanka, Madtone Hill Road, stated the staff report addressed by the City Manager did not address the central issue he raised, which is the lack of enforcement at Montalvo. Mr.~ Wanka stated he called 911 several times and no-one responded to take a noise reading. He stated Montalvo is in violation of the courtiorder and the City's ordinance. He stated it was determined by two sohnd engineers that the ambient noise level at Montalvo is 30 to 36 DBA. i He added the court granted Montalvo 50 DBA for garden concerts and 54!DBA for lawn concerts. Mr. Wanka stated in 1991 a noise ordinance was adopted by the City Council and the maximum allowed was 6 DBA above the ambient level. Mr. Wanka stated there is a problem which is not being addressed. City Attorney Riback stated the level is 6 DBA above the ambient level which is set in the City Code. Councilmember Monia suggested that the Council revisit this in a study session. Mayor Tucker stated that Mr. Wanka will be informed of!the time and ,,... o, ,,. ;,-,; e m Community Development Direct2 Training r on of New Deputies on Saratoga Ordinance~s - Anderson RecIuest 9/15 City Manager Peacock reviewed the memo from Mr. Curtisj Director of Community Development, who contacted the Sheriff's Department. He reviewed the training procedure for the Deputy Sheriffs a~s outlined in the staff report. B. ORAL COMMUNICATIONS Mr. Jeff Schwartz, San Marcos Rd., addressed the football[games at West Valley College. He expressed concern about the College not abiding by the conditions of the use permit. He noted at the last game there was portable seating as well as a steel tower to film the games. Also there were two score boards and amplified sound. Mr. Schwartz stated there has been a long history of deception when dealing with football games at West Valley College. He requested that the City Council issue a citation and notify West Valley that they may not hold ~ny such games i look into this. City council Minutes 7 October 6L 1993 C. WRITTEN COMMUNICATIONS 1) Request for Fee_ Waiver for Montalvo F~nce variance Application - County of Santa Clara City Manager Peacock presented the staff report noting staff recommends that the City Council deny the request from the County t6 waive fees. BURGER/MONIA MOVED TO DENY THE FEE WAIVER. PASSED 4-0-1 (Anderson absent). 6. OLD BUSINESS A. Leonard Road Assessment District Informational Meeting ~omm City Manager Peacock stated that he received a written c unication from Edwin A. Kennedy, requesting that the City consider ~n additional storm drain. He noted the letter will become part of th~ record. City Engineer Perlin stated this project is out to bid and will be opened up on October 20, 1993. He stated it will be reviewed and the cost figures will be included in the final engineers report. He stated notices have gone out regarding the protest hearing o~ October 26, 1993. He stated the purpose of this hearing is to allow~ the property owners to address the Council. Mr. Perlin addressed the letter from Mr. Martin, 20540 Leonard Road. He noted on the signed petition, which the property owners signed, stated that the cost could be as high as $200,000. Mrl Perlin also noted the dedication of right-of-way from Mr. Ljepava has expired and the offer only included a portion of Leonard Road. He stated staff is confident that they will receive the right-of-ways needed. Regarding the assessment, Mr. Perlin stated Mr. Heindel, consultant, explained the method used at the September 7, 1993 meeting. Regarding Mr. Martin's two driveways, Mr. Perlin stated staff is aware of both driveways. Mr. Jim Reikes, 20541 Leonard Road, reviewed the costs ~egarding the assessment district. He expressed concern about mlscommunlcatlon and reviewed what was discussed at the September 7, 1993 ~eeting. He stated the property owners agreed to a 70-30 perce~t split for construction costs and 1-13th split for other costs. H& stated when the neighbors work with the City Council and reach a compromise, this should not be changed. He does not believe that 13 items were distributed evenly. Mr. Martin, 20540 Leonard Road, expressed concern about the cost distribution and asked for justification for the over allocation to his property. Mr. Martin believes the allocation of costs is illegal. Mr. Perlin explained that 70% of the costs are being divided among 13 property owners and the other 30% is being divided among the 9 or 10 property owners who will have the frontage improvement. He stated this is the method for spreading the assessment. Mr. Perlin stated two benefits associated with this project are: 1. General benefit to all property owners by having the road improved up to City standards. He stated this pertion is 70% of the total cost of the project. 2. Immediate improvement of Leonard Road in front of certain properties on the road. · Mr. Perlin stated the road being repaired directly in front of homes, these property owners are receiving an added advantage.. Mr. Perlin stated the method of spreading the assessment has been determined and the Council has passed a resolution on this. He believes there was an understanding at the meeting of September 7 regarding the assessment costs. Mr. Martin stated at the meeting on September 7th, he. specifically City Council Minutes S october 6!, 1993 asked Mr. Perlin why his property was being assessed more than the other properties and Mr. Perlin said aggregate, grading, paving and construction cost. Mr. Martin stated the'assessment is grossly unfair and believes it iS illegal. - Mr. Heindel, Consultant, explained the incidental expenses and how these were spread to the construction items. He stated. every parcel pays issuance costs proportionally to their assessment ahd this is the way it has always been done. Mr. Heindel stated the rule~ as contained Councilmember Monia stated once the Council ' September 7,1993, based on the 70-30% split, there is Councilmember Burger stated the 70-30% split was suggested by the neighbors and accepted by the City Council at the September 7, 1993 meeting. Mr. Reikes again expressed concern about miscommunicatioh between the Council, staff and the neighbors. He noted the proces~ needs to be looked at. City Manager Peacock stated the City Council can take no Action at this hearing. He noted the Council can take action at the protest hearing and make decisions whether to go forward or not. He stated once the notice has been sent to property owners informing them of their assessment, this assessment can not be increased. Mr. Peacock stated this is a very complicated process and they are under a time constraint. MONIA/KOHLER MOVED TO TABLE THI8 ITEM UNTIL OCTOBER 26, ~993. PASSED 4-0-1 (Anderson absent). ~%%c~ ' the actual cost of the project is lower that what has s City receives the assessment from the individuals and~ will credit against their assessment. Mr. Peacock stated staff needs to consult with legal counsel on how to pay money back if the assessment is paid off within the 30 day period. B. Resolution adopting a Specific Plan for the 2~-acre former Paul Masson Winery Site on Saratoga Avenue MONIA/KOHLER MOVED TO ADOPT A RESOLUTION ADOPTING A SPECIFIC PLAN FOR THE 24-ACRE FORMER PAUL MASSON WINERY SITE. PASSED 4-0-1 (Anderson absent). C. Fire District Checkllst re Weed Abatement Access City Manager Peacock stated this is an informational item for the City Council. 7. NEW BUSINESS A. Memo Authorizing PUblicity for Upcoming Hearings Staff recommends that the City Council approve mblicity as recommended. City Manager Peacock requested that item,#1, Business License Ordinance be postponed until November 3, 1993. KOHLER/MONIA MOVED TO APPROVE THE PUBLICITY FOR UPCOMINGiHEARINGS AND POSTPONE THE BUSINESS LICENSE ORDINANCE TO NOVEMBER 3, 1993. PASSED 4-0-1 (Anderson absent). 9. CITY COUNCIL ITEMS A. Oral Communications (continued) and instructions to staff regarding actions on current oral communications Mayor Tucker stated the Planning Commission will have a pot luck party on October 21 in place of the annual thank-you dinner for City Council Minutes 9 October 6, 1993 Commissioners. 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. Flood Control Advisory Board - Burger 7. League Of Cities Peninsula Division - Tucker 8. Water District Commission - Anderson . 9. Santa Clara County Cities Association - Tucker 10. Sister City Committee - Burger 11. Traffic Authority Policy Advisory Board - Tucker 12. Transit Assist Board - Burger 13. Senior Coordinating Committee - Burger 14. West Valley Sanitation District - Burger 15. County Cities Assn. Legislative Task Force - Monia 16. Emergency Planning Council - Kohler City Manager Peacock stated staff has filed their= request for certification with the FCC and sent a copy to Southbay Cable. He also cities. Mr. Peacock stated the FCC has frozen 1 15, 1993. ra Councilmember Kohler reported on the Local T nsportat!on Authority Policy Advisory Board. He stated there was a presentation from Will Kempton, Traffic Authority. He stated they also discussed the issue of a law suit regarding the issue of taxes. Councilmember Kohler stated Joanne Benjamin asked the Ci~y's position on the CMA merger, he told her the City remains neutral on this issue. He also noted he has a meeting with Hakone on October 21~, 1993. Councilmember Burger reported on the Sister City Committee. She noted visitors from Japan will arrive at the City Hall on October 20th. City Manager Peacock stated staff has an Emergency Operat!icns Training session on that morning. Councilmember Burger stated she will let the President of the Saratoga Sister City Committee know about the training session. Mayor Tucker reported on the Traffic Authority Policy A~visory Board meeting noting they recommended approval of the 1993 Strategic Plan. She noted the deficit is $2.4 million this year. Mayor Tucker also reported on the Santa Clara County Citi ,s Association noting they voted on the County's 1/2 cent sales tax. She stated she abstained as did Santa Clara, but it did pass for support. C. General Council Items 1) Agenda items for adjourned regular meeting ~0/12 at 5:00 p.m. - Joint Meeting with Planning Commission: Sphere of Influence (5:00 p.m.); Open Space Element (~:30 p.m.) Staff recommends that the City Council confirm that entire meeting is to be joint session with Commission. ; 2) Discussion Of Selection of Library Commissioner In response to Councilmember Kohler's question, Mr. Peacock stated all the people who applied for this Commission withdrew. He stated the Council may want to consider if they have too many Reople on the commissions. Mayor Tucker stated this should be discussed at a later Iate. City council Minutes 10 October ~ 1993 Councilmember Burger suggested informing the Friends of t~e Library of the vacant Library Commission seats. 3) Other' _ 10. ADJOURNMENT AT 10:15 P.M. TO a closed session and then to the next meeting on Tuesday, October 12, at 5:00 p.m. at Administration Meeting Room, 13777 Fruitvale Avenue. 11. CLOSED SESSION on potential litigation in case of BAS Homes (Tr. 6701) and West Valley College football games. Upon completion of the closed session, the Mayor announced that the City Attorney had been authorized to accept a settlement from the bonding company, Transamerica Insurance, if certain conditions are met and that the City intended to enforce the anti-stadium ordinance relating to West Valley College, and staff had been so ihstructed. The meeting was adjourned at 11:35 p.m. Respectfully submitted, iS Ro~il~ard Catherine M. Minutes Clerk