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HomeMy WebLinkAbout02-19-1997 City Council Minutes MINUTE8 SARATOGA CITY COUNCIL TIME: Wednesday, February 19, 1997 - 6:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting 6:30 - Closed Session in Administration Conference Room, 13777 Fruitvale Avenue pursuant to Government Code Section 54957t PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Title: City Manager After the closed session, Mayor Moran announced that Mr. Harry Peacock will be leaving the post of City Manager effective March 7, 1997. Mayor Moran thanked Mr. Peacock for his 11 years of service to the City of Saratoga. Mayor Moran announced that Public Works Director Larry Perlin will be serving as Acting City Manager during the transition period. An Interim City Manager will be named to serve for six to nine months while the Council is in the process of recruiting and hiring a full- time City Manager. 7:30 - Pledge of Allegiance - Led by Councilmember Stan Bogosian. 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, Public Services Assistant Reeve, Community Services Director Curtis, and City Attorney Riback. 2. CEREMONIAL ITEMS - None. 3. REPORT OF CITY CLERK ON PO8TING OF AGENDA The City Clerk reported that pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on February 14. 4. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS - None. B. COMMUNICATIONS FROM COMMISSIONS - None. C. WRITTEN COMMUNICATIONS - None. 5. CONSENT CALENDAR A. Previously-Discussed Items - None. B. New Items 1) Planning Commission Actions, 2/12 - Removed by Councilmember Jacobs. 2) Parks and Recreation Commission Minutes, 1/7 - Note and file. 3) Public Safety Commission Minutes, 12/9; 1/24 -- Note and file. 4) Memo Authorizing Publicity for Upcoming Hearings - No hearings scheduled 3/5. 5) City Financial Reports for January: a) Treasurer,s Report - Receive and file. b) Investment Report - Receive and file. c) Financial Report - Receive and file. City Council Minutes 2 February19, 1997 6) Approval of Check Register BOGOSIAN/SHAW T?i fjfSOUOZZZZ~] CALENDAR ITEMS 5.B.2 THROUGH 6. PASSED 5-0. 1) a g Actions, 2/12 - Removed by Councilmember Jaco~s. Councilmember Jacobs noted that on February 12, the Planning Commission approved plans for improvement of the Argonaut Shopping Center. He proposed Council review of the ~plans approved by the Commission pursuant to Section 2-05,030(d) of the City Code. He requested the issue be placed on the February 25~agenda to determine further Council consideration. CONSENSUS WAS TO' AGENDIZE THE ISSUE FOR FEBRUARY 25. JACOBS/SHAW TO APPROVE ITEM B1 OF iCONSENT CALENDAR. PASSED 5-0. C. CLAIMS AGAINST THE CITY ~ None. Mayor Moran moved the'agenda to I~em 7A. 7. OLD BUSINESS A. Law Enforcement Service~ Budget Adjustment City Manager Peacock presented th~ staff report. WOLFE/JACOBS TO APPROVE RESOLUTION~96-42.SAMENDING THE 1996/97 REVENUE ANDAPPROPRIATIONS BUDGET FOR THE CITIZENS OPTION FOR PUBLIC SAFETY (OR COPS) PROGRAM. PASSED 5-0. B. Report from Public Works Director and Community Development Director on Letter from 8willem Kohler, 21842 Via Regina, regarding repair of Villa Oaks and placing moratorium on further development in Mr. Eden Estates SUbdivision (continued from 2/5) Public Works Director Perlin presented the staff report and recommended not imposing a building moratorium. at this time. In response to Councilmember Bogo~ian's inquiry regarding road safety for construction vehicles but not passenger vehicles, Mr. Perlin responded that the road was not !opened to regular traffic because portions of the road are not paved. Councilmember Bogosian questioned whether exposure of the City's liability would also apply to construction vehicles. Mr. Perlin clarified that the road was not accessible to the public, but only to construction vehicles ~such as cement trucks and equipment trucks transporting heavy equipment into the subdivision. However, small vehicles, pickup trucks, autQmobiles could continue to use Quarry Road as they do not create the kind of wear and tear that is of concern to staff. He emphasized that staff was concerned about heavy trucks and equipment trying to use Quart9 Road, but they could traverse the area where the slide occurred without much risk. Responding to Councilmember Bogosi~n'squestion regarding the rationale for closing off the road to the public, Mr. Perlin stated that the road is not suitable for everyday vehicular travel. Councilmember Jacobs commented that the idea of a moratorium focused more on whether or not additionaligeologic studies should be done in the area to assure constructionSwould not further exacerbate the problem. Mr. Perlin conveyed that he understood Mr. Kohler's request was to keep heavy construction equipment off QUarry Road. Mr. Perlin noted that before any further construction could occur on any of the lots in the subdivision, they have to go through the City's normal geotechnical and geological review processes. City Council Minutes 3 February19, 1997 Councilmember Shaw commented that Mr. Kohler's concern was that proper environmental and geological studies be done. Councilmember Bogosian stated that he would like to see a staff report on what has been accomplished to determine responsibility for the landslide. The staff report should include who is responsible, what kind of work plan is in place to determine responsibility for the landslide, what is staff investigating, what reports have been reviewed, and what is the planned date of finding this information and reporting back to the Council. Responding to Mayor Moran'squestion regarding proper environmental and geological studies, Mr. Perlin stated that geologic studies are currently in process to address the current situation with the landslide. Councilmember Jacobs interpreted Mr. Kohler's comments to imply that past studies are inadequate, and questioned whether any permits have been issued to build where work has yet to commence that should be further reviewed to determine whether geologic data is complete. Mr. Perlin responded that before any design review applications are approved, the City Geologist's Office would have granted a geotechnical clearance for those applications. Councilmember Jacobs noted two pending applications on Villa Oaks and questioned whether those applications needed further review. He suggested halting further construction in the area pending an investigation of what caused the existing landslide and whether or not potential impact to other lots in the area exists. Mr. Perlin noted that only two lots, 9 and 10, are affected by the landslide. The issuance of permits for lot 9 is pending further study of the landslide and its impact on that lot. The landslide does not affect any other lots in the subdivision other than the closing of the road which restricts access into and out of the development. In response to Councilmember Bogosian'squestion regarding mitigations, Mr. Perlin responded that the slide was previously deemed to be stable. The geologists who previously evaluated the slide concluded that it was stable and it was recommended that the house be moved away from where the slide could potentially expose itself in the event that it did activate. It is assumed that the landslide was caused by the recent heavy rains where the slide became saturated and slippery and the mass of material began to move. Responding to Councilmember Shaw's inquiry, Mr. Perlin said that the slide is a localized problem. There are other areas in the subdivision where landslides were identified and repaired during the construction of the subdivision. Mr. Perlin said that the existing landslide was deemed to be stable, and noted he is not aware of any other landslides in the area that have been deemed stable. Due to the time certain issue on the agenda at 8 p.m., Mayor Moran continued the discussion to after the Public Hearings. 6. PUBLIC HEARINGS - 8:00 pm. A. Appeal of Request for Building Site approval for an existing 50#094 sq. ft. hillside parcel of record located at 15261 NORTON RD. Building Site approval was requested to ascertain what off-site improvements would be necessar~ to develop the lots in the future. (5D-95-006 & (APN 517-14-081 & 071) (CONSTANTIN, Applicant; PHIPPS, Appellant). (continued from 1/15) Community Development Director Curtis presented the staff report, noting that the item was continued from a previous meeting to allow additional discussion in a closed session. Councilmember Jacobs indicated he would like to table the issue to a later date. After reviewing the staff report, discussions in the previous public hearing and in closed session, he would not be City Council Minutes · February19, 1997 comfortable making a decision on this issue today. He requested additional information regarding geological concerns before making a decision. He directed staff to forward the preliminary geologic report which has been prepared to the City Geologist for review, comment and recommendation and upon completion, that the issue be brought back to the Council for further consideration. JACOBS/BOGOSIAN TO TABLE THE ISSUE TO A LATER DATE, PENDING REVIEW# COMMENT AND RECOMMENDATION FROM THE CITY GEOLOGIST. PASSED 5-0. Mayor Moran announced that the Public Hearing would be not be held at this time. City Manager Peacock noted that the matter would have to be re- advertised. Mayor Moran announced that those in the audience who had planned to address the Council tonight regarding this issue would have an opportunity to speak when the issue is brought back to the City Council as a Public Hearing. Ms. Virginia Fanelli, consultant to the applicants (Constantin), conveyed that neither she nor the applicants would be available during the month of March. Ms. Fanelli noted that since the applicants have met all of the City requirements for reports related to the application, the applicants assume the City would cover the costs for any additional review from the City's geologist. B. CDBG and Human 8ervices Allocations for 1997-98 Public Services Assistant Reeve presented the staff report which explains staff rationale for its funding recommendations. Mayor Moran opened the Public Hearing at 8:17 p.m. Ms. Amy Somers, Executive Director of Second Harvest Food Bank in Santa Clara and San Mateo Counties, requested funds for the Operation Brown · Bag Program which has been operating in Saratoga for the past nine years, providing weekly groceries to low-income disabled seniors. Ms. Barbara Zahner, Executive Director of Sacred Heart Community Services, said that her organization has been in existence since 1964, providing food, clothing, jobs, housing and education for self- sufficiency to all residents of Santa Clara County. She requested funds to support the organization's move from an 8,000 square-foot storefront to a 20,000 square-foot facility to expand its services. Mr. Steve Pehanich, Executive Director of St. Vincent de Paul Society, requested funds to purchase a 1500 square-foot modular building to house staff who provide emergency assistance such as food and housing. Ms. Liz Auton, Emergency Housing Consortium, stated that requested funds would be used to renovate a building for an emergency and transitional housing project. She emphasized that time is of the essence to have funding in place soon for the project to be in operation by November 1997. Ms. Donna DiMinico, Executive Director of the Long Term Care Ombudsman Program, described her program as an advocate for residents in long- term facilities of which three are in Saratoga. Ms. Marilyn Rumelhart, CEO of Family Service Association of Santa Clara Valley, which serves the Saratoga's very frail elderly, and Ms. Lori Birch, Los Gatos office of Family Service Association, described the organization's services. Tri-Aegis Home Acquisition Project, was represented by Mr. Joe Barresi, Board Member and Saratoga resident, and Ms. Diane Marcus, Executive Director, who thanked the City for its previous support which made possible the purchase of a home in Saratoga for residents with disabilities. She said that requested funds would be used to purchase and install a fire sprinkler system in the facility to increase the safety of the residents as well as to comply with Fire Marshall City Council ainutes 5 ....... requirements. Ms. JoAn Lambert, long-time1 Saratoga resident and Inn Vision Board Member, requested funds for installation of a new heating system for Inn Vision's transitional housing project. Ms. Celia Callender, District Manager of Mid-Peninsula Rousing Coalition, thanked the City for its continued support, and requested funds for improvements to a senior housing project in Saratoga. Ms. Phyllis Barrett, Director of Rousing Services, Project Match, requested funds to subsidize rents for single-family homes rented to and shared by seniors, of which one is located in Saratoga. Mayor Moran closed the Public Hearing at 8:45 p.m. WOLFE/JACOBS TO APPROVE ALLOCATIONS AS RECOMMENDED. PASSED 5-0. WOLFE/JACOBS TO DEFER DECISIONS TO MAKE ALLOCATIONS FOR HUMAN 8ERrICES GRANTS FROM GENERAL FUND SOURCES ACCORDING TO EXISTING COUNCIL POLICY AND/OR BUDGET CONSTRAINTS. PASSED 5-0. Mayor Moran moved the agenda back to Item 7B to continue discussion from earlier in the meeting. 7. B. Report from Public Works Director and Community Development Director on Letter from willem Kohler, 21842 via Regina, regarding repair of Villa Oaks and plaoing moratorium on further development in Mt. Eden Estates Subdivision (continued from 2/5) Councilmember Bogosian commented that if the landslide problem existed in one place, it could exist in another. Concurrent with his earlier request for a work plan outlining responsibility for the landslide, he proposed reviewing undeveloped lots for the existence of any similar situations. Mr. Perlin noted that information is available to identify dormant slides in the subdivision when it was built. He said that over the next few months, he, the City Attorney, the City Geologist, and the City's consultant will be meeting to identify issues such as determining responsibility for the current slide and what needs to be done to respond to the situation. Councilmember Bogosian noted that the $100,000 spent so far should get the road up and running and usable, and questioned whether staff would come back and request additional funds before the investigation is completed. Mr. Perlin said he did not know. Mr. Perlin noted that it is staff's intent to keep the Council abreast of what, how and why staff proposes, and all related costs. Responding to Mayor Moran's inquiry, Mr. Perlin said that the slide appears to have stopped moving. He said staff is reviewing whether any further work is necessary, whether the drainage improvements that have been installed to date are effective enough to deem the slide stable again, and whether to go in, repair the road surface and open the road to traffic again. City Attorney Riback reported that he has developed a list of questions, which he will be providing to Mr. Perlin, to evaluate the City's legal position. He said the list of questions covers much of the information requested by Councilmember Bogosian and offered to make the list available to Councilmembers. Mr. Perlin noted that monitoring devices have been installed into the slide to measure movement, the mass of the slide, which direction it is moving, and the speed it is moving. The City Geologist will continue to measure over the next four to eight weeks, after which the Geologist will be prepared to evaluate various methods for repair, estimate costs and alternatives, all of which will be presented to the Council. WOLFE/JACOBS TO APPROVE THE LIST OF EMERGENCY PURCHASE8 MADE IN. City Council Minutes 6 February19, 1997 CONNECTION WITH INITIAL RESPONSE AND MONITORING EFFECTS. PASSED 5-0. By consensus, staff was directed to bring to the council within the next two weeks an update of possible dormant slides in the Mr. Eden Estates subdivision and Mr. Riback,s list of questions regarding legal responsibilities. Mayor Moran moved the agenda to Item 4. 4. A. Oral Communications (continued) and instructions to staff regarding actions on current oral communications - None. Mayor Moran moved the agenda to Item 8 .... 8. NEW BUSINESS - None. 9. ROUTINE MATTERS A. Approval ofMinutes - 2/3; The following corrections were made to the February 3 minutes: · Page 2, third paragraph from the bottom should read: "Perhaps cost recovery should be considered first before staff reductions in the areas where full cost recovery is being considered." The following corrections were made to the February 5 minutes: · Page 5, Item 10B, second paragraph. Councilmember Bogosian stated that between the section, "Dr. Williamson showed overheads which summarized the five tasks undertaken in the study .... "and before Jeff Schwartz spoke, he(Bogosian) had asked several questions of Dr. Williamson that he would like reflected in the record. He said he "asked her if she had observed any animals actually going into the drains. Have you seen this happen? I also asked her about the sags - if she was aware of them in the storm. drain lines. The third item I asked her to confirm that the Coliform levels were higher in the Village than either above or below the Village and she had confirmed that." Bogosian suggested going back and listening to the tape to make sure that his questions are reflected in the Minutes. WOLFE/JACOBS TO APPROVE MINUTES OF FEBRUARY 3 AND FEBRUARY 15 AS CORRECTED. PASSED 5-0. 10. CITY COUNCIL ITEM A. Agenda items for adjourned regular meeting 1) Joint Meeting with Parks and Recreation commission 2) Award of Contract for Computer Hardware and Software to HTE-SMI, Inc. (continued from 3) Study Issues Form - Heritage Preservation Ordinance Revision BY CONSENSUS, ITEM A.3 WAS DEFERRED TO A LATER AGENUA DATE. B. Providing Public Address Option on Stage with City Council Compliance with ADA Regulations City Attorney Riback presented the staff report as outlined in his memorandum dated January 29, 1997. C. Other 1) Councilmember Bogosian requested agendizing a presentation on issues regarding Saratoga Creek by Dr. John Rosenblum for the March 19 meeting. Following discussion, Mr. Riback stated that if Dr. Rosenblum has a report regarding this issue, that report should be submitted to the City Council Minutes 7 Februa1719, 199~ Council several weeks in advance of his presentationj 2) Councilmember Shaw referred to a discussion held recently regarding leaf blowers in the City. He noted the lack of citizen participation in government and suggested that the Council take action to engage the public in a more direct and responsive way. He proposed an announcement which he prepared to the effect that the Council desires to insure that Saratogans are aware of an opportunity to express opinions on the question of banning or imposing more citizen control on leaf blowers. The announcement could be distributed to the Saratoga News, San Jose Mercury News, Channel 6, homeowner associations, neighborhood associations and others to get the community more involved. councilmember Shaw noted that citizens do not participate in government as much as the Council would want, and suggested that a survey could cause citizens to be more pro-active. A discussion ensued. Councilmember Bogosian interjected that in December he raised the issue of accessibility in government and one of the elements being considered at that time was televising Tuesday meetings. In this case, televising the meeting would have opened up the process. Responding to Councilmember Bogosian's inquiry, City Manager Peacock said that the report addressing televising Tuesday meetings would be brought to the Council in two weeks. Mayor Moran suggested a dialogue with the community at a town hall meeting. SHAW/BOGOSIANTO SURVEY COMMUNITY REGARDING ISSUE OF LEAF BLOWERS. PASSED 5-0. Councilmember Wolfe suggested the survey 'be conducted by homeowners associations for participation purposes as well. City Manager Peacock suggested using the City's phone system. City Attorney Riback noted that since this matter was not on the agenda, it would have to be agendized for the action to be legal. 8HAW/BOGOSIAN TO AGENDIZE THE ISSUE FORMARCH 5. PASSED 5-0. Mayor Moran proposed considering a hiring freeze for City staff, and requested agendizing for March 5. 11. ADJOURNMENT The meeting was adjourned at 9:50 p.m. to 7:00 p.m. on Thursday, February 20, in Large Room, Community Center, for continued budget discussions, then to 7:00 p.m. on Tuesday, February 25, at Senior Day Care Center, 19655 Allendale Avenue. Respectfully submitted,