HomeMy WebLinkAbout11-07-1985 City Council Minutes SARA1DGA CITY C(IJNCIL
TIME: Thursday, November 7, 1985 - 7:00 p.m.
PLACE: Civic Theater, 13777 Fruit~.~l_e Avenue
TYPE: Regular Meeting
A. ROLL CAT.T. - Councilmembers Callon, F~nelli, 'Hlava, Moyles and Mayor
Clevenger present at 7:03 p.m.
B. MINlYI~jS - 10/16
HLAVA/MOYLES MOVED TO APPROVE AS SUBMITTED. Passed 4-0-1 (Moyles abstaining
because he had been absent from the meeting).
Laura Lee bIitchell, President of the Village Association, explained a letter
submitted by the Village Beautification Committee concerning a plan to install
cobblestone paving in the Village. Councilmembers asked for further information
from staff and agreed to schedule the issue for a regular Council meeting when the
staff report was ready.
Frank Donaldson, CDC Development, requested approval of Tr. 7382. Consensus to
discuss after Consent Calendar.
III. CO~Sl~ C,~T.~NDAR
A. Comment C~le~r - Claim~
1. Co{mideratio~ of Claim -
FAi~LLI/CAI.IQN MOVED 1D D~2~ CI~IM ~ I~'E~ 113 F~T CABIi ~.T.~IS~ON. Passed 5-0.
~~ 2181
7. Accep~ ~ Actinic o~ ~e ~d~ ~ - ~oI~
8. ~luci~ C~,,~i~ ~ oC
~0~ 2182
9. ~o1~ ~1~ ~ou~ ~p~i~i~ ~:ck ~o~ b7 ~ Cl~e~
~~ 2183
10. ~i~l ~p~e Co~ ~ 1570, I4925
iI. ~i~I ~c~ce Co~ ~ 1533, ~ ~i~ ~., 3~ ~. ~ole~, 3c.
~0~ 2i~
I3. App~! oC ~c
~ciimembe~ ~I~v8 ~emoved Item I3 C~om ~he ~se~c CaIemdaL.
2-11./7/85
HLAVA/CALLON MOVED I~D APPROVE CONSENT CALENDAR B
'Staff answered Councilmember Hlava~s questions on the Warrant List, and the City
Manager was directed to determine why the City is charged for the Sheriff's ~zraffic
reports. :
HLAVA/CALIDN ~DVED ~) APPROVE ITIiM 13~. Passed 5-~0.
Mayor Clevenger returned to Mr. Donaldson's oral cbmmunication. Community
Development Director recommended that Mr. Donaldson's request be granted because all
requirements had been met.
CALLON/FANELLI MOVED TO ACCEPT TR. 7382 FOR CONSTRUCTION ONLY PENDING RECEIPT OF
STAFF RETORT. Passed 5-0. -
IV. S~ ~n I~TI~,~,S
1. Rel~rt on Request fo~ l~affic C~ntrol at Saratoga Glen P1. and
Sarato~ Ave.
Councilmember Fanelli felt the prob, lem was lack of a stacking lane in thE; area.
After discussion, there was consensus to direct the staff to meet with the residents
of the area to find out their suggestions and agend. ize the matter for a regular
meeting.
2. Proposed City ~f~.~nistra.'tion of State tlazardous Waste Regulations
HLAVA/MOYLES MOVED TO INFORM THE COUNTY THAT THE CITY HAS NO INTEREST IN TAKING
OVER THE REGULATIONS. Passed 5-0.
Councilmember Hlava suggested that the County be informed that the City does not
expect to be charged for the service.
3. Request for Refund of Fees for Appeal of 2-1ot Subdivision and Use
Petit Application for Cabana Location
FANELLI/HLAVA MOVED TO REFUND THE U~E PERMIT APPLICATION FEE, BUT NOT THE APPEAL
FEE. Passed 5-0.
4. Solid Waste Disposal Property Liens; Quarterly Period of June-August
Community Services Director reported that the names of Rice, Kralj, Murray and
Ippisch should be removed from the li~t of property owners to be liened because they
had paid their bills.
Jean Denny, 13250 Via Arriba, rose to Apeak as one of those whose property was to be
liened. She felt the ordinance punished her for having too little trash, since she
was required to pay for unlimited service, although she normally used only one can.
She also believed it to be discriminatory because it offered only those over a
certain age lower rates. Further, sh& felt it was a bad law because it encouraged
CALLON/HLAVA MOVED TO CONFIRM REPORT. [ Passed 5-0.
B. REP~ FR(I~ ~SSI(RtS
1. Report from Heritage Preservation Commission on Preservation and
· Removal of Warner flutto~ House from Route 85 Transportatio~ Corridor
to Central Park Orchard
Sharon Landshess, Chair of the Heritage Preservation Commission, explained the
intentions of the Con~aission concerning the Warner Hutton House. Councilmembers
requested further information to be provided for the Nov. 20 meeting on the proposed
relocation, including projected maintenance costs, costs ef providing a foundation,
and other possible sites for the relo~ation.
2. Letter from Finance Advisory Committee suggesting amendments 'to
resolutiun establishin~ o'-,.-{ttee
3-11/7/85
FANEII,I/HLAVA MOVED TO ACL~FT SUGGESTIONS AND ADOPT A RESOLUTION FORMALIZING THEM AT
THE NEXT MEETING. Passed 5-0.
3. Letter of Resignation'~n Finance Advisory C~,.,.~ttee Chair.m-
Mayor Clevenger accepted the letter of resignation with regret and directed that a
resolution be prepared conmending him for his service. ..,.
4. Planning C~.~,,~ssion Actions of Octo~ber 23, 1985
Noted.
5. Oral Reports free C~-~.{ssioners
!.
Marilyn Kanemura, Chair of the Library Commission, reported on various matters
concerning the library.
Mayor Clevenger, noting that the public hearings were about to begin, proceeded to a
later item on the agenda so that the staff member reporting on the issue would not
have to remain for the entire meeting.
D. BIDS AND CONTRACTS
1. Award of Contract - Purchase of Dump Truck
HLAVA/MOYLES MOVED TO AWARD CONTRACT TO SOLrIM BAY FORD IN THE AMOUNT OF $29,013.40.
Passed 5-0.
V. -PUBLIC HEARiNGS
A. Hearing on Draft Environmental ImDact Statement on State Route 85
~nsportation Corridor Alternatives ~ontinued from 10/2)
Letters received: Mike Bullock, dated 10/29; Jack 1L Winkl~ry, Assistant
Attorney General, dated 10/1; Yvette del Prado, Cupertino Union School
District, dated 10/8; Dorothy A. Johnson dated 10/29; E1Quito Park
Homeowners Association dated 10/24; The Vineyards Board of Directors dated
10/14; John A. Brigham, Jr. dated 10/27; Mrs. Edward A. haeussler dated
10/13; Albert H. Campbell dated 10/11; M. Kaempfer dated 10/14; Alan
Sunmet dated 10/24; Carolyn Kelso dated 10/25; Walter Doucett' dated 10/25;
Mr. and Mrs. Vigo N. Smith dated 10/20; multiple signatures dated 9/21
(sic); Francine Beach, Blue Hills Elementary School PTA dated 10/16; ten
form identical letters opposing freeway; Stephen J. Richard. Los Gatos-
Saratoga Bd. of Realtors dated 10/24; 3 identical form letters imposing
conditionsen freedray dated 9/25.
~yor Clevenger explained that the Council was to finalize its comments to CalTrans
on the DraftEnvironmental Impact Statement by December 6. She noted that copies of
a letter from the Traffic Authority, a calendar showing the sequence of events, and
a letter from the consultants were available to the public in the lobby. The public
hearing was opened at 8:10 p.m.
3ames White, 19782 Braemar Dr., opposed the freeway because of lack of data
concerning its impact on air quality. He questioned CalTrans' modeling of traffic
flows nd explained an exhibit from the City of San 3ose showing better modeling.
Councilmember Hlava responded that the staff was coordinating with San Jose to
obtain better modeling.
Bill Delaney, Quito Rd., objected to lack of information concerning the freeway's
impact on local streets such as Quito which would have interchanges. He submitted
statistics indicating that Quito Road would-have 337% of the traffic volume of
Saratoga-Sunnyvale Road. Councilmember Fanelli pointed out that these figures were
different from what the Council had previously been told, and he stated that they
were CalTrans figures. In response to Councilmember Callon, Community Development
Director noted that he expected more accurate traffic figures in December.
Councilmember Moyles requested that the figures show the impact of the no-build
alternative, particularly if Saratoga did not build a freeway and the surrounding
cities did.
4-11/7/85
Betty Rowe Maas spoke in favor of a ~epressed 8-lane freeway with sound walls. She
doubted that tbe sug~gestion of a tunl~el was financially practical.
Kermuth Carrington, 18760 Afton, su~ ~sted that the freeway be depressed under Quito
to lessen the noise impacts. He was also concerned with other impacts of tbe
thmann, 19717 Yuba Ct., expr ssed concern about the noise level of a freeway
and wished to reduce it to 62-77 d~ through recessed ~oadways, sound walls, and
vehicle restrictions. ~
Harvey Orndorf, 189z~ Bonnet Way, Said that he favored no-build, but the DEIS did
not address that. He felt a four-lane street with no heavy truck traffic, depressed
20' .throughout Saratoga, and with nO intersections in Saratoga would be acceptable.
He then stated that there was ~ discrepancy DEIS concer~-ng in the distance the
railroad facilities were to be moved. He wished to depre~ the railroad under the
freeway.
Margaret Dennis stated that the City would be impacted by noise from helicopters
monitoring traffic if the freeway were built.
Steve Burney, Marilla Ave., spoke id favor of a bicycle paL~if a freeway isbuilt,
but he preferred no freeway.
Jack Vance suggested connecting expressways to freeways for more efficient traffic
flow. He felt another freeway might!not be necessary if this were done.
John Tomlin, 19701 Somerville Ct.,]expressed concern about the dis~u:~ion of the
routes of children going to Blue Hills School. He favored depressing the freeway
and limiting truck access. He wanted further information on the effect of the
freeway on neighborhoods.
Col. E.T. Barco, Camino Barco, spoke On behalf of the homeowners association of
Camino de los Barcos. He felt the idea of a residential Saratoga came before other
concepts in Santa Clara County, add that many people did not know the corridor
existed when they ~ught homes. He ]felt more information was needed by the public,
and he recommended an advisory ball~t, saying that informal polls could not reflect
public opinion properly.
Tom Reddick, Larchmont Dr., stated that the public opinion poll inserted in the last
newsletter should have been sent]to all registered voters. Mayor Clevenger
commented that the Council had prepared the poll quickly so as to have public
1 ~ ressed. oncernabout the impacts of the freewayand its
intercbanges, feeling that roads would be loaded with traffic beyond their capacity.
She feared that children going to ~chool would have problems crossing theroads,
that crime would increase at interchanges, and that monitored on-ramps would cause
slow-downs. In answer to Councilmember Fanelli, she stated that monitored on-ramps
were now required by State law durin~ peak hours, which would cause more problems.
o sed
Roy McCloskey, Cambridge Dr., ppo any high-level roadway, especially a freeway
because of noise, air quality problems, crime increase , lowering of property
values, disruption of firefighting ~ervices, and traffic increase on City streets.
He felt the freeway would benefitScommuters in other cities and recommended a
referendum to. require the Council to~ oppose the freeway.
Margaret Russell, Saratoga Glen Ct~, opposed a freeway on Saratoga Avenue. She
reminded the Council that before the last election she had submitted a petition
signed by 1800 residents opposing anlinterchange on Saratoga Ave. She also felt the
informal questionnaire on the freeway should have mentioned who wanted an
interchange and where. Councilmember Hlava stated that the Policy Advisory Board
decides among the alternatives and ipterchanges are part of a later design process.
Cheriel Jensen, Quito Rd., felt th~ citizens were being forced into a decision
witbout enough information on the ro~dway's effects on the community. She wisbedto
know what roads would be widened, what homes might be l~st, and who would pay for
that. ~-~ ~.
5-11/7/85
Karen Anderson opposed the freeway but wished it to be depressed and have 16' sound
walls if it were built. She also expressed interest in having the freeway in a
tunnel.
Harvey Orndorf stated that the DEI~ said two miles less of sound wall were intended
if the freeway were depressed.
'Margaret Dennis stated that CalTrans said they do not bu~td sound walls over 14.'
Mrs. Peggy Kenny, Northampton Dr., said'she was not able to obtain definitive
answers from CalTrans as to what would happen to Sarat~g~a if the freeway were built.
Cynthia Newton, 19030 Raleigh P1., stated that a freeway would draw traffic
traveling from San Francisco to Los Angeles. She favored investigating a tunnel
system, but if a freeway were built she wished it to be depressed with no
interchanges in Saratoga. She feared construction activity for a freeway would
congest streets, the freeway would be ugly, it would increase growth, and it would
disrupt children's routes to school.
Lorin Cornwell favored either the no-build alternative or the limited freeway
alternative. He felt a referendum would be appropriate to determine the public's
opinions.
Frank Nemec, 16800 Bohlman Rd., stated that there had been a referendum on the issue
of payment, and the voters approved it. He felt streets would be more congested
without a freeway. He questioned the statistics concerning Quite Road, and he
believed that if Saratogans did not want a freeway in their community, they should
not use the freeways in other communities.
Omar Chatty, Morgan Hill, favored a freeway and felt sound walls to be necessary.
Schoolchildren would benefit from a freeway, he said, because it would reduce
.traffic.
No one further appearing to speak, the public hearing was closed at'~:30 p.m.
Councilmembers discussed process. Mayor Clevenger felt the critical decision point
was when the new freeway agreement with CalTrans was negotiated with Saratoga in
several months. That issue, if any, was the one which should be placed on a ballot,
she felt. She noted that CalTrans had to have a signed agreement with Saratoga in
order to proceed with construction. Councilmember Fanelli emphasized the need for
the Council to make tbe decisions which it was elected to make on a timely basis,
noting that there are deadlines'that must be met. She pointed out that the Traffic
Authority had said local jurisdictions could be overruled; she feared that if the
Council became bogged down in attempting to stop the freeway altogether, Saratoga's
input as to design might not receive adequate consideration, and Saratoga might end
up with a freeway not designed to its satisfaction. Councilmember Callon raised
questions as to interchanges. Mayor Clevenger said that at the January Policy
Advisory Board meeting Saratoga should bring in its design recommendations,
including issues such as interchanges and depressions. Councilmember Hlava
suggested that an interchange at Pollard which had previously been considered again
be considered rather than tbe one at Quite. Councilmember Fanelli wished to know
what would happen if the funding fell short, believing that if there was not enough
money to complete Route 85, perhaps none of it should be started. Councilmember
Moyles reported that the State Board of Equalization felt the revenues projected
would be raised, altbough there was a time lag which had necessitated some
rescheduling. Councilmember Fanelli then raised questions as to more flexibility if
HOV and bus lanes were not in the middle of the freeway, the DEIS statement that the
freeway would be one of the few roadways not flooded in the event of a County-wide
flood, whether carbon monoxide levels would be worse if the freeway were depressed,
whether the cost of acquiring park and ride lots were included in acquisition costs,
and what would happen to ridership of light-rail and cost effectiveness of the
system if the loop is not completed. Councilmember Moyles requested staff input on
the questions to be forwarded to Caltrans, including a list of proposed questions.
Mayor Clevenger recessed the meeting from 9:56 to 10:16 p.m.
6-1117185
B. Consideration of amendment of a policy within the text of the ~and Use :
Element of ~e General Pla~ ~nich reads as follows: '~o structure shall
be over two stories in bei~ ~t except for structures located within the
Village bo~dary as defined in the Village Area Plan"/n order to consider
plac~_~nt of a three-stor~ s~ructore at 14500 Fruitvale Avenue. (GPA-85~
4) (Applicant, Odd Fellows)
Community Development D/rector expiained issues and~answered Councilmembers'
questions. The public bearing was open~ed at 10:25 p.m.
John Thompson spoke as. the architect for the project. In~$nswer to Mayor Cleveager,
he stated that the project was to be in the developed area·
Jack Christian rose to express c6hce~nj tbat approval of the ~roject might have far-
reaching effects beyond the subject. site. Councilmember Fanelli stated that
apparently very few other sites wou~d be affected by the change. City Attorney
pointed out that, in any case, institutional uses were strictly regulated by use
permits. No one further appearing to ~spoak, the public bearing was closed-at 10:32
p.m. ,
·
r e Sense,
Councilmember Moyle-~: felt the p 03 ct made but he;~l~d reservations about
spot-zoning. Councilmember Fanelli had reservations for the same reason but felt
that chan~es should not become rampont'~
FANELI,I/CALLON MOVED 1~D APPROVE THE NEGATIVE DECLARAT~[0N. Passed 5-0.
FANELLI/CALLON MOVED TO ADOPT RESOLUTION 2185 AMENDING THE LAND USE ELEMENT OF T~E
GENERAL PLAN. Passed 5-0.
Mayor Clevenger then returned to items ,preceding public hearings on the agenda.
1. Initial Review of New City Code
City Attorney explained that his memorandum to the Council which was attached to the
new code binders discussed the prop6sed changes. There was consensus that the
Council review the memorandum and bring the cedes to the next meeting.
2. Resolutian Establishlag School Crosswalk - Mid Block on Kanina Avenue
Councilmember Fanelli requested that Mr. Dorsey re-evaluate the intersection at
Third and Oak; she felt that another btop sign might be required there, since one
cannot see properly when driving toward the school.
CLEVENGER/MOYLES MOVe) TO ADOPT RESOLUTION MV-161 ESTABLISHING CROSSWALK. Passed 5-0.
3. Resoluti(~n Appropriating Funds for Reformatting and Rebinding Manicipal Code
HLAVA/MOYLES I~DVED TO ADOPT RESOLUTION]2141.9 APPROPRIATING FUNDS. Passed 5-0.
D. BIDS AI~ (X~FIRAErS (coating)
2. Addend~m~ to Deferred Imp~t Agreeat for T~act 7283
Community Development Director noted that the tract number was incorrect on the
documents and corrected it to read Tr.! 7283.
CALLON/MOYLES MOVED T0 APPROVE ADDENDUM. Passed 4-0-1 (Fanelli abstaining).
A. Discussion of Oral O,,.,,,~ications. if any - None.
B. Written Communications from the Public - Discussed under Oral
Conmunications.
C. New Business:. from Staff, Administrative Reports not Scheduled
7-11/7/85
City Manager brought up interviews for Planning Commission applicants; after
discussion, there was consensus to conduct the interviews two at a time from 5:00 to
6:30 p.m. on November 20. There was also consensus to cancel the study session of
November 12.
City Attorney brought up disposition of $2500 in Hakone FOundation account. After
discussion, there was consensus to inform Mr. Yamate; one of the Foundation
trustees, that the funds would be transferred to~his account, but that would not
relieve the Foundation of the responsibility to repay tb..~.~oan from the City.
D. NewBusiness fr~nCouncil-~mhers
Councilmember Callon requested that Mr. Stankus be thanked for preparing the most
recent community newsletter. She also requested that a resolution be prepared for
Steve Coedman, retiring Director of Sanitation District #4 and Steve Hall, retiring
chair of the Finance Advisory Committee.
Councilmember Moyles requested that a resolution be prepared for Justice Panelli, a
Saratoga resident, after his confirmation as a judge on the State Supreme Court.. He
also requested information on the status of the Community Development Director's
conversations on improvenents to Big Basin Way.
Councilmember Hlava requested that a resolution be prepared for Louie Lemos, a
retiring employee. She then reported that the County Transit District had
discounts for senior citizen outings and requested that the Saratoga Area Senior
CoQrdinating Council be so informed. She brought up the question of use of transit
funds for H0V lanes; Mayor Clevenger opposed anything that would use transit funds
for car lanes. FLyor Clevenger moved to direct ~he City representative not to allow
transit funds to be used for HOV lanes; there being no second, shedwithdrew the
motion. Councilmember Hlava then reported on a special meeting the Transportation
Commission had set to discuss Route 85; she felt it inappropriate for her to attend
because she believed the Transportation Commission had no jurisdiction. There was
consensus for her not to attend the meeting.
Mayor Clevenger brought up the question of rescheduling a meeting so that the Good
Government Group could hold their candidates' forum in the CivicTheater. After
discussion; there was consensus to have the Planning Commission meet in the
Conmunity Center rather than the Civic on April 9 to accoumodate the Group.
Mayor Clevenger then reported that the Sister City group had presented the City with
some art work to be displayed in the City Hall, perhaps in the new Council office.
Mayor Clevenger then reported that a Sunnyvale official had requested that Saratoga
join the US Conference of Mayors. There was consensus to discuss the matter under
Written Cc~nnunications at the next meeting.
Councilmember Callon asked whether a letter concerning the Public Records Act had
been dealt with; City Manager reported that it had been.
City Manager then brought up the question of arrangements for Louie Lemos'
retirement. There was consensus for the City ,CO make arrangements for the dinner
and a gift.
City Manager inquired as to the Council's wishes on the Second Unit Ordinance
scheduled for review as to the R-l-10,000 District at the Nov. 20 meeting. There
was consensus to list it on the agenda with a note that it would be continued to a
later meeting.
8-11/7/85
City Manager brought up holidays and turkeys. There was consensus to provide City
staff an extra holiday, to be taken ither New Year's Eve day or Christmas Eve dayl
City offices will remain open on those days with half-staffing. Turkeys will be
provided for s~.ffl
E. Action Referral Log -No couments.
The meeting was adjourned at 11:31 p.m.
Respectfully .submitted ,.
Grace E. Cory
Deputy City Clerk