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HomeMy WebLinkAbout12-06-1995 City Council Minutes MINUTE8 SARATOGA CITY COUNCIL TIME: Wednesday, December 6, 1995 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting Pledge of Aliegiance- Two Boy Scouts led the Pledge. 1. ROLL CALL The meeting was called to order at 7:35 p.m. Councilmembers Burger, Moran, Tucker, Wolfe and Mayor Jacobs were present. Staff present: City Manager Peacock, Public Works Director Perlin, City Attorney Riback, City Codes Administrator Oncay, Recreation Director Pisani, Parks/Building Maintenance Superintendent Rizzo, Associate Planner White CEREMONIAL ITEMS A. Resolution appointing Kay Whitney to Parks and Recreation Commission MORAN/BURGER TO ADOPTRESOLUTION 95-54 APPOINTING KAYWHITNEY TO PARKS AND RECREATION COMMISSION. PASSED 5-0. B. Administration of Oath of Office to Ms. Whitney Mayor Jacobs administered the Oath of Office to Ms. Whitney. C. Resolution commending Barbara Capozza for service on Hakone Foundation MORAN/WOLFE TO ADOPT THE RESOLUTION COMMENDING BARBARA CAPOZZA FOR SERVICE ON THE HAKOHE FOUNDATION. PASSED 5-0. 3. REPORT OF CITY CLERK ON POSTING OF AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on December 1. 4. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS (limited to 15 minutes) - None. B. COMMUNICATIONS FROM COMMISSIONS - None. C. WRITTEN COMMUNICATIONS 1) Jeffrey A. Schwartz, 19281 San Marcos Road, suggesting change in format of City Council meetings. Mayor Jacobs said he would respond to Mr. Schwartz in writing and suggested that staff be directed to send a written reply outlining action taken regarding oral communications. Councilmember Wolfe said this is oral communications. Since those participating have the opportunity to stay to find out what Council s response is, there is no need to burden staff. Everyone has the right to petition government for redress of grievances and Saratoga provides the time for that input early and up front in meetings. He said the present system is adequate. Mayor Jacobs said he does not agree with Mr. Schwartz s suggestion that Council should respond immediately. Councilmember Tucker said that while a letter is appropriate in some cases, this is a very open Council and there are lots of avenues for communication. If someone comes with an emergency item, they can take action right away. Councilmember Burger agreed and moved to receive and file the letter. City Council Minutes 2 December 6, 1995 Mr. Schwartz said the talk of this being an open council is at variance with what is actually done. Many who speak under oral communications don t need or want a written response. He had suggested that when Council plans to respond to an oral communication they do it at the end of that section of the agenda so people can hear a response to what they have taken the time to bring up. He said t~ere is a major difference between doing business in public and having a one-on-one conversation with a Councilmember. MORAN SECONDED BURGER 8 MOTION TO RECEIVE AND FILE THE LETTER. PASSED 5-0. 2) Petition re: Maintaining Standards of Janltorial/custodial service at the community Center MORAN/TUCKER TO RECEIVE AND FILE THE PETITION. PASSED 5-0. 5. CONSENT CALENDAR A. Previously-Discussed Items 1} Ordinance 71-157 adopting, with amendments, all State of California Model Building Codes (second reading and adoption, waiving further reading) 2) Ordinance 71-158 amending Section 7-20.210 of the City Code relating to Animal Control - Hearing required for Private Kennel License (second reading and adoption, waiving further reading) WOLFE/MORAN TO APPROVE CONSENT CALENDAR ITEMS 5.A.1 AMD 2. PASSED 5- . B. New Items 1) Planning Commission Actions, 11/21 - Note and file. 2) Public Safety Commission Minutes, 10/9 - Note and file. 3) School Resource Officer Committee Minutes, 9/19 - Note and file. 4) Resolution 95-55 on corporate Representative for Small Clalms Court 5) Approval of Check Register 6) Final Acceptance of Improvements for SD 92-006 at 14350 Douglass Lane and Release of Maintenance securities BURGER/TUCKER TO APPROVE CONSENT CALENDAR ITEM8 B, I THROUGH 6. PASSED C. CLAIMS AGAINST THE CITY 1) Claim of Acme and Sons in connection with destruction of Port-a-Potties by tree City Manager Peacock presented the staff report. BURGER/HORAN TO DENY THE CLAIH. PASSED 5-0. 7. OLD BUSINESS - None. 8. NEW BUSINESS A. Oral Communications (continued) and instructions to staff regarding actions on current oral communications 1) Report on Construction Activity in San Tomas Aquino Creek at 15470 Quito Rd. City Codes Administrator Oncay presented the report and described City Council Minutes 3 December 6, 1995 events since the report had been prepared. He said it is the Foster s responsibility to winterize the creek bank and the City can't direct them. He deferred to the City Attorney regarding the ramifications of declaring this an emergency situation. City Attorney Riback said there appears to be no.legal basis for engaging in a legal abatement of a public nuisance. The two agencies with expertise (the Water District and Dept. of Fish and Game) say winterizing this portion along the creek is satisfactory as long as it is done properly. He said the recommended action is appropriate now, and if it appears later that there is an emergency the City can take legal action at that time. Mr. Riback answered Council's questions regarding the ramifications of declaring a public nuisance. He said there are two kinds of abatement: emergency and noticed. He described the process for a noticed abatement. Mr. Calvin Ha~mack, 15490 Quito Road, said the City gave the permit for building on a concrete foundation without a survey and without permits from Fish and Game and the Water District. Therefore, the City is responsible. He said that when the backhoe came, they piled debris where it could be washed down to his property. He said the situation is hazardous; kids could get in high water and property could be washed away. Mr. Hammack said the City bears a great deal of responsibility and has had all summer to take care of the situation. It is lucky there has not been a flood so far. Both Fish and Game and the'Water District claim they are understaffed. The matter is not being properly attended to. He said he hoped Council will take an action and get the problem taken care of. He suggested that the City treat creeks as part of the City s heritage, not dumping grounds. He referred to Mr. Oncay s statement that'the City does not have the right to say what material the owners use. He said surely the City can do something to preserve the natural heritage and will give them something to be proud of. Mr. Oncay told Council the background of the issue. He said the Dept. of Fish and Game does not allow any activity in the creek. There are a number of alternatives to deal with erosion and diversion. The City cannot tell the Fosters they have to use a specific system. They can identify alternatives for them that are acceptable. The City does however have some control as to the aesthetics of the wall~ for example, they could require colored concrete or a textured surface. Mr. Anderson of the Water District does not feel there is an imminent hazard to the Hammacks or Fosters. His opinion is that if the Fosters winterize and it s not effective it would expose them to liability, so it behooves them to take effective measures. It is also the Fosters responsibility to monitor the situation and address problems that might occur. He said the City has exhausted its administrative authority. Council agreed that they expect staff will keep an eye on the situation and report back to them. At 8:15 p.m. Mayor Jacobs moved to the Public Hearing portion of the agenda, Item 6. 6. PUBLIC HEARINGS A. General Plan and Zoning District boundary changes (Miller) This is a request to realign existing General Plan and Zoning District boundaries between two existing hillside parcels of record located at 15001 Bohlman Road. A Lot Line Adjustment between the two parcels has been approved by the Planning Commission contingent on City Council approval of this request. The realigned boundaries do not affect permitted residential uses or densities~ approving the request would provide General Plan and Zoning District land use maps consistent with the reconfiqure parcel boundaries. An environmental Negative Declaration has been prepared for this project. (GPA 95-001~ AZO Community Development Director Curtis presented the staff report. MORAN/BURGER TO CONTINUE THISMATTER INDEFINITELY AT THERECOMMENDATION City Council Minutes 4 December 6, 1995 OF STAFF AND THE APPLICANT. PASSED 5-0. B. Resolution Ordering Abatement of a Public Nuisance by Removal of Hazardous Weeds City Manager Peacock presented the staff report and outlined the process. Mayor Jacobs opened the public hearing at 8:20 p.m. No one wished to speak and the public hearing was closed immediately. TUCKER/BURGER TO ADOPT THE RESOLUTION 95--56 ORDERING ABATEMENT OF A PUBLIC NUISANCE BY REMOVAL OF HAZARDOUS WEEDS. PASSED 5-0. Mayor Jacobs returned the agenda to Item 8.B. 8. HEW BUSINESS (continued) B. Certification of Initiative Petition regarding General Plan Amendments and Instruction to Staff regarding the Calling of an Election on the Measure and Others City Council May consider City Manager Peacock reviewed the three options available to Council at this time. He said the City Attorney is required to do an analysis and staff has started work and will be prepared to present a comprehensive staff report at the December 20 meeting. Jim Shaw, 18735 Koslch Drive, presented points he believed Council should consider on December 20. He said there was overwhelming support for the concept of the initiative. People do not think this diminishes the power or role of the Council but delivers a message that will help them keep Saratoga stable. Even if the initiative is not necessary now, it will be later because of increased pressure because of Highway 85 and the increased traffic. Increased pressure from developers will not go away. He said it can be a tool to attain and maintain the. vision of Saratoga which this Council crafted recently. He said he thinks the support shown while gathering signatures will carry over should an election be called. He asked Council to consider the benefit of adopting the ordinance as opposed to putting it on the ballot because it will reinforce the message to those who would have Saratoga be something other than the simple, stable, residential community it is now. MORAN/BURGER TO DIRECT STAFF TO REPORT AT THE DECEMBER 20, 1995, HEETING ON THE EFFECTS OF THE INITIATIVE MEASURE; THAT THE REPORT SHOULD COVER 1. THE MEASURE 8 FISCAL IMPACT. 2. ITS EFFECT ON INTERNAL CONSISTENCY OF THE CITY 8 GEHERAL AND SPECIFIC PLANS INCLUDING THE HOUSING ELEMENT. 3. THE CONSISTENCY BETweEN PLANNING AND ZONING. 4. THE LIMITATIONS ON THE CITY S ACTION UNDER VARIOUS SECTION8 OF THE GOVERNMENT CODE; i~a~DTBAT THE REPORT SHOULD INCLUDE~NYOTHERMATTERS THAT STAFF OR LEGAL COUN8EL FEEL ARE PERTIHENT. PASSED 5-0. Mr. Peacock said there will be a resolution prepared as part of the staff report. C. ResolutionAmendlng Fee Resolution to Change Fees for Rental of Community Center, Warner Button House, Wildwood Park and E1 Qulto Park Director of Recreation Pisani presented the staff report. She said that Hakone Gardens attracts different groups than the City's facilities so they are not in competition. Sometimes groups are referred to them if the City's facilities are full or not appropriate. The focus of the amendment is to streamline the process. Discussion followed regarding the proposed change in the fee for fund- raisers to $500. Ms. Pisani said they had surveyed other facilities before recommending that change. Saratoga Springs charges $750 minimum for such an event. She said she thought the mix of residents and non- residents who use the facilities was about 50-50. Regarding giving preference to Saratoga residents, she said that notification is being given through various groups and newsletters. Ms. Pisani said the City Council Minutes 5 December 6, 1995 number of rentals in December doubled this year and they are confident that the new fee schedule won't keep people from using the facilities. A report on usage will be prepared for the City Manager. Ms. Pisani answered questions.regarding the processing fee. BURGER/WOLFE TO ADOPT THE RESOLUTION AMENDING THE FEE RESOLUTION. PASSED 5-0. BURGER/MORAN TO RECONSIDER THE MATTER. PASSED 5-0. Diane Green, President of the Saratoga Parent Nursery School, said that the increase in use fees to $500 for fund-raisers will create a hardship for the group. She said they are a non-profit community educational group which has been serving Saratoga for 35 years and have used Wildwood Park for their annual fund-raiser for 34 of those years. They need to raise about $8,000 a year to fully fund their operating expenses. Ms. Green suggested developing a policy giving consideration to non-profit community education and youth organizations that provide services within the City of Saratoga. She said these organizations are an asset and reminded them that when they pay a use fee their contract with the City does not grant them exclusive use of the park. She suggested a smaller fee and asked if the change in rates would affect the rate for a contract they signed in July for their May, 1996, event. Ms. Green talked about State restrictions regarding sale of alcohol and the cost of liability insurance which will affect both the fundraising activity and operating costs. Mr. Peacock informed Council that the City's blanket liability insurance does not cover users of the City's facilities. Ms. Pisani talked about cost recovery and overtime charges for the park maintenance people. Ms. Green said the group had used a school and were not charged a use fee. Ms. Pisani informed her that the City does not charge Saratoga schools unless the event is a fund-raiser. Discussion followed regarding waivers. BURGER/WOLFE TO ADOPT THE RESOLUTION 95-32.2 CHANGING FEES FOR RENTAL OF COMMUNITY CENTERr WARNER BUTTON HOUSEt WILDWOOD PARK AND EL QUITO PARK. PASSED 5-0. RECESS: 9:00-9:10 p.m. D. Request for Waiver of Annexatlon on Peach Hill Road (APN 517- 23-026)(A95-001) George*White, Associate Planner, presented the staff report. Deborah Davison, 10707 Santa Lucia Road, Cupertino, presented a handout to Council and staff which described the exceptional nature of the property and the reasons they are seeking a waiver of annexation to the City. Ms. Davison stated that the conditions which generally apply to properties which have been annexed by the City in the past ten years do not apply in the case of the Peach Hill Road parcel. Also, the constraints of the building site location and topography of the parcel are such as to prevent development over 4300 s.f. floor area and 26 ft in height. She said that to locate the home on the only feasible building site on the parcel the City setback requirements call for a variance with accompanying legal exposure. She referred to the problems and expenses encountered in developing the adjacent parcel. In conclusion, Ms. Davison said it is in the City's best interest to avoid unnecessary waste of time and money. One way to do this would be to permit development of this parcel in the County by waiving or delaying its annexation by the City. Discussion followed regarding who maintains the road, hillside protection and use of City services. WOLFE/TUCKER TO DENT THE REQUEST FOR WAIVER OF ANNEXATION. PASSED 5- E. Memo Authorizing Publicity for Upcoming Hearings - Butler City Council Minutes 6 December 6, 1995 Appeal~ Speed Zone Designations City Manager Peacock said a continuance to January 3 has been requested on the appeal. BURGER/MORANTO APPROVE THE PUBLICITYAS RECOMMENDED. PAS8ED'5-0. F. Award of Contract for COmmUnity Center Improvements to Saratoga Builders in the amount of $8,405 Recreation Director Pisani presented the staff report and answered questions from Council. MORAN/TUCKER TO AWARD THE CONTRACT TO SARATOGA BUILDERS IN THE AMOUNT OF $8,045 AND AUTHORIZE CHANGE ORDERS UP TO $1,095. PASSED 5-0. G. Request by Ascension Church and Congregation Beth David to Waive Use Permit Application Filing Fee Community Development Director Curtis reviewed the staff recommendations. He answered questions regarding the process and said the fee is standard for filing a use permit application. He said there have been no problems reported and he thought the fees were justified. BURGER/TUCKER TO DENT THE REQUEST TO WAIVE THE USE PERMIT APPLICATION FILING FEE. PASSED 5-0. H. Master Meetings Calendar for 1996 City Manager Peacock highlighted the Saturday meetings. The proposed calendar was approved with the following changes: Change the July 6 Town Hall Meeting to July 13. Cancel the August 21 Regular Meeting and the August 27 Adjourned Meeting to provide a summer recess. I. Resolution removing stop signs, designating stop intersections, and designating four-way stop intersections and resolution prohibiting certain turn movements and approval of related recommendations affecting E1 Quito Park neighborhood. Public Works Director Perlin p~esented the staff report. He said he thought the changes made have finally successfully addressed the problem and that the majority of the neighborhood is quite satisfied. Ms. Long, a resident in the neighborhood, had called Councilmember Burger and said the stop signs were working very well. Mr. Perlin said they can look at the entire intersection of Cox and Saratoga to address problems other than the right turn from northbound Saratoga onto eastbound Cox. Joan Faunce, 18644 Buckhall Road, congratulated Council and staff for the way the traffic in the area has been handled. WOLFE/BURGER TO ADOPT THE RESOLUTION MV-219 REMOVING STOP 8IGNS, DESIGNATING 8TOP INTERSECTIONS, AND DESIGNATING FOUR-WAY 8TOP ' INTERSECTIONS. PASSED 5-0. WOLFE/BURGER TO ADOPT THE RESOLUTION MY-220 PROHIBITING CERTAIN TURN MOVEMENTS. PASSED 5-0. WOLFE/BURGERTOAPPROVE RELATED HECOMMEIqDATIONSAFFECTING THE EL QUITO PARK NEIGHBORHOOD. PASSED 5-0. Councilmembers commended Public Works Director Perlin. J. Authorization for imposition of parking restrictions on Paseo Presada across from E1 Quito Park Public Works Director Perlin reviewed the recommendations from staff and the Public Safety Commission. He said that six parking spaces would be lost and estimated there were 10-12 spaces on the west side of the street. He said he thinks what will happen is that the problem will be shifted onto other streets and those people will complain. He suggested cutting into the park to create angled stalls and discussed City Council Minutes 7 December 6, 1995 actions by other cities who have done this. He said the residents are willing to give up being able to park in front of their homes rather than continue to put up with the current situation. He said the preschool and office building parking lots are available after hours but he didn t know if people were aware of that. Kathy McGoldrick, 18260 Paseo Presada, said she could refute many of the statements in the staff report. She said there is ample parking available if people are willing to walk, so why would eliminating six spaces be a problem. She said she had added a second driveway on her property because of the danger of backing cut onto Pasec Presada and now both of them are sometimes blocked by people parking across them. She said it isn t fair and she has never asked for favors. However, when other people s enjoyment infringes on hers, how much does ones have to give? She said she is also concerned about disclosure of the situation causing problems when she wants to sell her house. She asked Council to try the recommendation for a year and said she is not in favor of additional diagonal parking like they have done in Cupertino. Discussion followed regarding what the law is about parking across driveways and why the Sheriff is not citing those breaking the law. Darren Unadkat, 12820 Paseo Presada, said people not only block driveways, but also walkways and have damaged his sprinklers by parking on the lawn. He said residents in every house he had gone to had signed the petition. He asked Council to try eliminating parking there for awhile. He described situations where people who blocked his driveway or parked on his lawn had been rude and said the Sheriff had told him to just ignore them or they might retaliate in some way. Joan Faunce, 18644 Bucknall Road, said she had signed the petition. Having rolled curbs allows intrusion onto property. She said the parking at the school is not being utilized and if the school and office building are willing to allow the use of their parking, this is a good community service. She suggested giving park users notice that they can use that parking. She said there is no sidewalk on the east side of the street and she thought it was unsafe for dropping off and picking up children. Discussion followed regarding directing the Sheriff s deputies to ticket cars and what the arrangement is with the school and office building for use of their parking. In regard to changing the rolled curbs to vertical ones, Mr. Perlin said that curbs and gutters are repaired once a year and replacing them would be more expensive. MORAN/TUCKER TO DIRECT STAFF TO INSTITUTE PARKING RESTRICTIONS ON THE EAST SIDE OF PASEO PRESADA, TO PREPARE THE NECESSARY AUTHORIZING RESOLUTION8 AND TO HAKE IT CLEAR TO THE SHERIFF THAT THEY MUST TICKET VIOLATORS AND ALL LAWS MUST BE UPHELD. PASSED 5-0. Mr. Perlin said he would prefer that there be a formalized agreement with the school and office buildings before putting up signs that the parking is available. K. Authorization to purchase replacement riding mower from west Star Distributing in amount of $17,395.76 Public Works Director Perlin presented staff s recommendation. Discussion followed regarding the possibility of leasing equipment'or joint use with the school district. Superintendent Rizzo answered Council s questions. City Manager Peacock said he thought the best approach would be to buy the mower and then negotiate with the schools regarding sharing instead of doing a joint purchase. BURGER/WOLFE TO AUTHORIZE ISSUARCE OF A PURCHASE ORDER A8 RECOMMENDED BY STAFF. PASSED 5-0 L. Authorization to purchase two replacement CommUnity Services Vehicles from Saturn of SunnyVale in the amount of $30,000 Public Works Director Perlin presented the staff report. MORAN/BURGER TO AUTHORIZE THE ISSUARCE OF A PURCHASE ORDER FOR TWO City Council Minutes 8 December 6, 1995 REPI~CEHENT COIOIUNITY SERVICES VEHICLES AS RECOXXENDED BY STKFF.' PASSED 5-0. 9. ROUTINE I~kTTERS The City Attorney was excused at 11:05 p.m. A. Approval of Minutes - 11/7; 11/15; 11/21 BURGER/WOLFE TO APPROVE THE NOVEMBER 7 MINUTES A8 SUBMITTED. PASSED 5-0. WOLFE/BURGER TO APPROVE THE NOVEMBER 15 MINUTES AS SUBMITTED. PASSED 5-0. BURGER/WOLFE TO APPROVE THE NOVEMBER 21 MINUTES AS SUBMITTED. PASSED 5-0. 10. CITY COUNCIL ITEMS A. Agenda items for adjourned regular meeting December 12 1) 7:00 - Joint Meeting with SASCC 2) S:00 - Closed Session for Meeting with Negotiator to discuss Meet and Confer Issues, 1995-96 Management Employee Salary Pool, and city Manager Performance Review Mayor Jacobs asked if the meeting times could be changed to 6:30 and 7:30 p.m. City Manager Peacock said he would check. B. Other Councilmember Tucker attended a meeting of Our City Forest at Harker Academy. She was informed that Saratoga has a good chance of getting a grant for trees because they are on the Highway 85 corridor. She said she would find out how long it would be before Saratoga would get the trees. Councilmember Burger said she had received a call about an article in the paper regarding heritage trees. The caller was pleased with the approach being taken and would look forward to donating some trees. Councilmember Moran reported on a teleconference meeting of the Constitutional Correction/Revision Conunission which she had attended. Councilmember Wolfe reported on a meeting sponsored by the Manufacturers Group regarding tort reform legislation. He and Councilmember Moran had attended. 11. ADJOURNMENT At 11:13 p.m. the meeting was adjourned to 7:00 p.m. on Tuesday, December 12, in Administration Meeting Room, 13777 Fruitvale Avenue. Respectfully submitted, Roberta Minutes Clerk