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HomeMy WebLinkAbout01-15-1997 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, January 15, 199~ - 6:30 p.m. PLACE= Civic Theater, 13777 Fruitvale Ave. TYPE= Regular Meeting 6:30 p.m. - Closed Session pursuant to Government Code Section 54957 for PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Title: City Manager. The Mayor announced that no final action had been taken. 7:30 - Pledge of Allegiance. 1. ROLL CALL Councilmembers Present: Mayor Moran, Vice Mayor Wolfe, Councilmembers Shaw, Jacobs and Bogosian. Staff Present: City Manager Peacock, Director of PubliC Works Perlin, Community Development Director Curtis, and City Attorney Riback. 2. CEREMONIAL ITEMS A. Resolutlon appointing Barbara Olsen to the Parks and Recreation commission and FranAndreson to the Public Safety Commission. WOLFE/JACOBS TO APPROVE RESOLUTION 97-02. PASSED 5-0. B. Mayor Moran administered the Oath of Office to the above. 3. REPORT OF CITY CLERK ON POSTING OF AGENDA City Manager Peacock reported that pursuant to'Government Code 54954.2, the agenda for this meeting was properly posted on January 10, 1997. Mayor Moran requested removing Item 5B-9, a proclamation regarding Vietnamese Community Week, from the Consent Calendar and addressing it before Item 4A. Mayor Moran proposed continuing Item 7A, Alternate Landfill Disposal Site Agreement with Newby Island Landfill, to a later meeting so that the City Attorney could update the Council. MORAN/JACOBS TO APPROVE AGENDA MODIFICATIONS. PASSED 5-0. 5B-9. Mayor Moran presented Ms. Tao Nguyen, a Saratoga resident, with a proclamation commemorating the Vietnamese community and proclaiming February 1 to February 9, 1997, Vietnamese Community Week. 4. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS Mr. Bill Peretti, 13485 Old Oak Way, addressed the Council regarding an emergency road access on Quarry Road in the Mt. Eden Estates subdivision which runs through his back yard. He said the noise right beneath his bedroom window and the use of his property is an inconvenience. He encouraged the City to expedite returning the road to its original condition B. COMMUNICATIONS FROM COMMISSION8 - None. C. WRITTEN COMMUNICATIONS 1) Willem Kohler, 21842 Via Regina, regarding repair of Villa Oaks and placlng moratorium on further development in Mt. Eden Estates subdivision. Mr. Kohler addressed the Council. Cit~ Council Ninutes 2 aanuar~ 15, 1997 Councilmember Jacobs commented that Mr. Kohler's proposal was sensible. Noting that an 80 percent-completed house would probably not fall within a moratorium category, Councilmember Jacobs probed Mr. Kohler about the limits of a moratorium. Mr. Kohler responded that construction should stop until proper geological surveys are completed and demonstrate that it would be responsible to build on the specific site. The survey should include proposed roads and right-of-ways as well as houses. Councilmember Bogosian noted that staff would be preparing a report on February 5, and requested that the report include an outline of remediation to address the geological problems that were not addressed when the road was designed. City Manager Peacock commented that Public Works Director Perlin is already working on the issue. Councilmember Bogosian speculated whether the federal government would try to get out of paying for the reconstruction if the geological work done at the time the road was originally designed was shown to be inadequate. Public Works Director Perlin responded that staff is currently examining who is responsible .for the landslide. He conveyed that the City would like to get the road open as quickly as possible, but work could probably not commence until spring when it has stopped raining. This is not a quick-fix situation and would take one or two months to design the repair scheme. Councilmember Jacobs asked whether there was other development work in the City that could exacerbate the situation. Public Works Director Perlin responded that this is a very localized slide that activated as a result of rain. Staff is familiar with the extent of the problem and is in the process of determining how best to repair the situation. Councilmember Bogosian inquired whether staff was planning to resurface the road and addressing the slide issue at a later date. Public Works Director Perlin responded that staff intends to proceed with a solution that will last over a long period of time. Although staff could go out and do something that would make Villa Oaks passable, there is nothing that can be done in the immediate future that would make a permanent fix for the road. The type of work needed to permanently stabilize the road could not be done this time of the year. Councilmember Bogosian asked whether it would be possible to do a quick fix to alleviate the pressure from the people living on the emergency access. Councilmember Shaw stated he would endorse a quick fix to relieve the emergency road, including limiting traffic to only residents. Public Works Director Perlin said he would not recommend a quick fix because the fix may get done one day; the slide would continue to move the next day; and no progress would be made. He explained that there was no additional traffic beyond the current 12 residences of Mt. Eden Estates using Quarry Road. Noting that staff would be preparing a report on February 5, Mayor Moran moved the agenda to the next item. 2) Letter from Parkside Homeowners, 18896 Sara Park Circle, concerning Over 55 Rule, with response from Community Development Director. Community Development Director Curtis presented the staff report. City Attorney Riback reported that he had previously written an opinion on this issue to the City Manager. He said no legal reason existed at City Council Minutes 3 January 15, 1997 this time for the City to consent to delete the age restriction. He conveyed that the age requirement could be removed by the Planning Co~unission after which the issue could be brought to the Council either on appeal or to modify the Covenants, Conditions, and Restrictions. Mr. Riback recommended that the Council not make any determination on this issue until such time that the matter comes from the Planning Commission. COUNCIL CONSENSUS WAS TO FILE THE COMMUNICATION. 3) Letter from John Vance, 19363 Athos Pi., concerning Leafblowers, with response from Community Development Director. Mr. Vance appeared before the Council, referred to the Los Angeles City Council ban on gasoline leafblowers, and asked the Council to consider abandoning leafblowers in residential areas in the City. Councilmember Bogosian proposed directing the Planning Commission to hold a hearing and draft an ordinance addressing gasoline-powered leafblowers. Councilmember Shaw noted that this issue had been previously addressed and suggested reviewing data on file before considering an ordinance. Mayor Moran directed staff to provide a packet of information regarding previous considerations of the subject. The packet could include previous processes utilized, other communities contacted, public testimony received, and letters received. Community Development Director Curtis suggested discussing the subject at the joint meeting of the City Council and Planning Commission on February 11, 1997. Councilmember Bogosian requested that the issue of dust and potential health hazards be taken into consideration. Councilmember Wolfe suggested that the Council's study might include landscape maintenance contractors and effects of their work and cost of maintenance. CONSENSUS WAS TO PUT THE SUBJECT OF LEAFBLOWERS ON THE JOINT CITY COUNCIL AND PLANNING COMMISSION AGENDA OF FEBRUARY 11. 4) Resolutlon honoring James J. Lenihan Mayor Moran requested adding this item to the ageride to honor Mr. Lenihan, who is retiring from the Santa Clara Valley Water District Board of Directors after serving for 36 years. SHAW/WOLFE TO ADD TO AGENDA. PASSED 5-0, JACOBS/SHAW TO APPROVE RESOLUTION. PASSED 5-0. Mayor Moran moved the agenda to Item 6A, and opened the Public Hearing at 8:20 p.m. 6. PUBLIC NEARING8 - 8:00 P.M. A. Appeal of Request for Building Site approval for an existing 50,094 sq. ft. hillside parcel of record located at 15261 NORTON ROAD Buildlng Site approval was requested to ascertain what off-site improvements would be necessar~ to develop the lots in the future. (SD-95-006) and (APN 517-14-081 & 071) (CONSTANTIN, Applicant; PHIPPS, Appellant). Community Development Director presented the staff report. Mr. Beverley Phipps, 15270 Norton Road, addressed the Council, and expressed that the site is environmentally challenged because the soil in the area is unstable. Using an overhead projector, he displayed and quoted various regulations. He urged the Council to deny approval of City Council Minutes 4 Januar~ 15, 1997 the building site. Mr. Ted Cheeseman, 20800 Kittridge Road, speaking on behalf of his parents, stated that their home is located vertically above the proposed site. He addressed the geological, visual, and hillside stability impacts of the proposed development, noting that trees would have to be removed, creating additional soil instability. Responding to Councilmember Wolfe's question as to whether any trees had been removed from the Cheeseman property to construct the home, the response was that he did not know. Mr. David W. Dolloff, 20685 Sigal Drive, stated he is vice-president of a local water company and has been a resident of the area for 46 years. Noting that the particular site originally had a much steeper grade, he provided a history of the soil and water issue associated with the site. Mr. Dolloff opined that the property is not buildable and nothing should be built. Councilmember Wolfe asked whether any of the properties on either side of the subject site had experienced geological problemS. Mr. Dolloff responded that in 1957, a neighboring house slid two and one-half feet and was put back on its pier with a massive retaining w~ll. He described his neighbor's situation which also required a retaining wall. Ms. Virginia Fanelli, representing Mr. and Mrs. Constantin, provided a background of the application process. She noted that several geological reports have been done, the most recent in June 1996 in which the geologist stipulated that this portion of the parcel is buildable. Displaying a map, Ms. Fanelli responded to comments made earlier in the meeting. She requested that the Council uphold the Planning Commission's decision to merge the two lots and provide the tentative building site approval. Responding to Councilmember Shaw's questions regarding removal of trees, Ms. Fanelli said that there are virtually no trees in the specific area and she did not know what might have to be removed. The majority of the trees on the parcel are on the upper steep hillside, and the actual placement of the house has not been determined. In response to Councilmember Jacob's question, Ms. Fanelli stated that the lower lot is approximately 4,000 square feet. The footprint would be approximately 2,000-2,500 square feet for a two-story house; and 4,000 square feet for a single-story house. Mr. Phipps referred to a regulation and noted that the average natural grade of the footprint should not exceed 30 percent. Ms. Fanelli'thanked staff and summed up her request to Council. Mayor Moran closed the Public Hearing at 9:12 p.m. Community Development Director Curtis responded to questions from Councilmembers. Mr. Perlin conveyed that a house could be designed and built on the site without requiring a variance, however, it would not preclude the applicant from applying for a variance in the future. Councilmember Jacobs expressed concern about earlier statements made regarding geologic issues and future repercussions. City Attorney Riback responded to Councilmember Bogosian's questions regarding infringement of applicant's building rights. A lengthy discussion ensued. Public Works Director Perlin clarified that the lower lot had been thoroughly investigated and that the applicant's geologist with review by the City Geologist had determined that the lot is buildable. Presently there are no plans for the particular house, and until such City council Minutes 5 January 15, 1997 plans are submitted, work needed to apply for building permits cannot be completed. WOLFE/BOGOaIANMOVED TO DENY APPEAL. Councilmember Shaw stated he would like an opportunity for Council to meet with the City Attorney for additional information regarding the legality of the Council taking action. Councilmember Bogosian expressed appreciation for efforts made by all parties involved and agreed with Councilmember Shaw that a session with the City Attorney to discuss the legality of the subject matter would be in order. Councilmember Jacobs concurred with Councilmembers Shaw and Bogosian and commented on the cutting of trees and potential engineering problems. Mayor Moran said she would be voting against the motion. Councilmember Jacobs suggested that Councilmember Wolfe withdraw the motion. Councilmember Wolfe noted that as a statement of record he would prefer tO continue the motion. Councilmember Bogosian continued to second the motion. Mr. Riback commented that serious concerns had been raised regarding mediation and suggested that Council might want to discuss the issues in closed session, which would be appropriate. Reassessing the situation, Councilmember Wolfe stated he would not want to block any legal review session and withdrew his motion. Councilmember Bogosian withdrew his second to the motion. JACOBS/WOLFE MOVED TOREOPEN PUBLIC HEARING ANDTO CONTINUE TO FEBRUARY 19, 1997. PASSED 5-0. CONSENSUS WAS TO MEET WITH CITY ATTORNEY IN CLOSED SESSION ON FEBRUARY 11, 1997 TO DISCUSS SD95-0006. Mayor Moran declared a recess, during which Councilmember Bogosian was excused from the meeting. Upon reconvening, the same staff and Council members were present. 5. CONSENT CALENDAR A. Previously-Discussed Items - None. B. New Items 1) Planning Commission Actions, 1/8 - Note and file. 2) Finance Committee Minutes, 10/21 - Note and file. 3) Parks and Recreation Commission Minutes, 12/2 - Note and file. 4) Youth Comm~sslon Minutes, 12/1 - Note and filed. 5) Report from Publlc Works Director on issuance of emergency purchase order for Saratoga Avenue striping work - Removed at the request of Councilmember Shaw. Resolutions authorizing applications for TDA Article 3 and TFCA 40% funds. 7) Proclamation commending Kristln Davis as Buslnessperson of the Year. 8) Proclemation commending Tim Mehringer as Winner of W.W. Worden Memorial Award. City Council Minutes 6 Januar~ 15# 1997 9) Proclamation concerning Viotnamese Community Week Removed at the request of Mayor Moran and addressed earlier in the agenda. 10) Memo authorizing Publicity for Upcoming Hearings - Removed at the request of Mayor Moran as no hearings were scheduled for February 5. 11) City Financial Reports for December: a) Treasurer's Report - Receive and file. b) Investment Report - Receive and file. c) Financial Report - Receive and file. d) Quarterly Quarz7 Creek Trust Report - Receive and file. 12) Approval of Check Register. 13) Annual Review of Investment Policy - Removed at the request of Mayor Moran. 14) Commission attendance Reports. JACOBS/SHAW TO APPROVE CONSENT CALENDAR WITH EXCEPTION OF ITEM8 5, 9, 10 AND 13. PASSED 4-0 (Councilmember Bogoslan absent.) 5) Resolution from Public Works Department on issuance of emergency purchase order for Saratoga Avenue striping work. Councilmember Shaw reported that scarring was left on the striping work done at Saratoga Avenue and expressed concern that the scarring would not be removed soon. Public Works Director Perlin reported that staff intends to touch-up the blemishes in the spring or sununer at no additional cost to the City. WOLFE/JACOBS TO APPROVE. PASSED 4-0 (Councilmember Bogoslan absent.) 13) Annual Review of Investment Policy. Mayor Moran stated she is in favor of approving the updated policy, reminding the Council of its responsibility for the safety, liquidity, and productive yield of the City's money. MORAN/SHAW TO APPROVE. PASSED 4-0 (Councilmember Bogoslan absent.) C. CLAIMS AGAINST THE CITY - None. 7. OLD BUSINESS A. Alternate Landfill Disposal Site Agreement with Newby Island Landfill. Mayor Moran continued the item to a later meeting. B Recommendation from Public Works Director for Funding Baylot Avenue Traffic Calming Study and Pasolution amending budget to provide funds for study. Public Works Director Perlin provided the staff report. CONSENSUS WAS TO ACCEPT RECOMMENDATION /tND BRING RESOLUTION UNDER CONSENT CALENDAR AT THE NEXT COUNCIL MEETING. C. Report on Possibility of changing Terms of Planning commissioners and Library commissioners. City Manager Peacock presented the staff report. City Council Minutes 7 January 15, 1997 SHAW/WOLFE TO DIRECT STAFF TO PREPARE A RESOLUTION. PASSED 4-0 (Councilmember Bogosian absent.) 8. lq~W BUSINESS A. Eakone Gardens Restroom Project - Award of Design Services Agreement with Warren B. Reid in the amount ~ $3500. Public Works Director Perlin gave the staff report. Mr. Dick Brooding, Hakone Foundation Board member, addressed the Council. WOLFE/JACOB8 TO APPROVE AGREEMENT.PASSED 4-0(Councilmember Bogosian absent.) WOLFE/JACOBS TO DIRECT STAFF TO ESTABLISH NEW CAPITAL PRCkTECT. ipzwn 4-0 (Councilmember Bogosian absent.) B. RESPONSE TO LETTER OF W.D. WHETSTONE DATED 12/18/96. City Manager Peacock presented the staff report and noted he would send a copy of the staff memorandum dated January 15, 1997, to Mr. Whetstone. Mayor Moran requested information on a Council meeting date with Dr. Williamson by the Council's January 21 meeting. 9. ROUTINE MATTERE A. APPROVAL OF MINUTES - 12/18; 1/6~ 1/7 CONSENSUS WAS TO APPROVE THE DECEMBER 18, JANUARY 6 AND 7 MINUTES AS SUBMITTED. City Attorney Riback was excused from the meeting. 10. CITY COUNCIL ITEMS City Manager Peacock confirmed that he will be notifying the Sheriff's Department that the City intends to use the COPS money this year since the City will not be using the full services budgeted for the remainder of the year. The $68,000 will be allocated to equipment. Mr. Peacock announced that Governor Wilson's budget proposes another $100 million be allocated by the State next year for this program. A. selection of Location for FUture Adjourned Meetings. city Manager Peacock announced that the Senior Day Care Room has been selected for the Council's adjourned sessions beginning January 21. B. Agenda items for joint meeting January 21 with Union School District and Los Gatos-Saratoga High School District. Park priority issues. City Manager Peacock reported that the Union School District is considering a bond issue for construction of a gymnasium at Redwood School, and they might be interested in joint-venturing with the City. Moreland School District's intent to sell E1 Quito School. Joint Venture with St. Andrew's School Discuss status of City's future fiscal condition with School board. Closed Campus issue City Council Minutes 8 Januar~ 15, 1997 Request from School Board for City to staff and open gym on Saturday nights. C. Proposal to Change to Lapel Microphone for Civic Theater COuncil/COmmisSiOn Meetings. , CONSENSUS TO CONTI~U~ TO FEBRUARY 5, 1997. D. OTHER Councilmember Wolfe announced that the Valley Transit Authority has an opening on one of their Committees for a resident from the Saratoga area. Mayor Moran announced that the crew responsible for televising the City Council meetings has requested a 15-minute orientation with Council members. She suggested meeting with the crew a few minutes before the next meeting. Mayor Moran directed staff to place a microphone near the overhead projector in the Council Chambers. 11. ADJOURNMENT The meeting was adjourned at 10:45 p.m. to 7:00 p.m. (5:30 Closed Session), on Tuesday, January21, 1997, in Administration Meeting Room, 13777 Fruitvale Avenue. Respectfully submitted, Minutes Clerk