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HomeMy WebLinkAbout08-01-1990 City Council Minutes MINUTE8 SARATOGA CITY COUNCIL TIME: Wednesday, August 1, 1990 PLACE: 13777 Fruitvale Avenue TYPE: Regular Meeting 7:00 - Meeting with Planning Commissioner Tappan Council Office With reference to comments made by Commissioner Tappan at the Planning Commission meeting of July 11, the Council discussed the need for Council and Commissioners to work in harmony with each other. Commissioner Tappan stood by his previous comments but explained that they were not personal in nature. No action was taken. 7:30 - Regular Meeting Civic Theater 1. ROLL CALL The regular meeting of the Saratoga City Council was called to order by Mayor Stutzman, at 7:40 p.m., with Councilmembers Anderson, Clevenger, Monia, and Kohler present. 2. CEREMONIAL ITEMS A. Resolution Appointing William Watkins to Library commis- sion Mayor Stutzman read the resolution appointing Mr. William Watkins to the Library Commission. ON MOTION OF COUNCILMEMBER ANDERSON, SECONDED BY COUNCILMEMBER MONIA, iT WAS UNANIMOUSLY ORDERED RESOLUTION 2671 BE ADOPTED APPOINTING MR. WILLIAM WATKINS TO THE LIBRARY COMMISSION. B. Administration of Oath of Office to Mr. Watkins City Manager Peacock administered the Oath of Office to Mr. William Watkins. C. Resolution commending Patrick MolOney for Service on Library Commission ON MOTION OF COUNCILMEMBER CLEVENGER, SECONDED BY COUNCILMEMBER ANDERSON, IT WAS UNANIMOUSLY ORDERED THAT RESOLUTION 2672 BE ADOPTED COMMENDING PATRICK MOLONEY FOR HIS SERVICE ON THE LIBRARY COMMISSION. Mayor Stutzman presented a plaque commending Councilmember Clevenger for service as Mayor to the City of Saratoga from 1985 to 1986 and from 1989 to 1990 for outstanding service to the public and the community. Councilmember Clevenger accepted the plaque and expressed appreciation for the commendation. 3. ROUTINE MATTERS A. Approval of the Minutes of - July 10 Workshop; July 10 Meeting; July 21 ON MOTION OF COUNCILMEMBER CLEVENGER, SECONDED BY COUNCILMEMBER ANDERSON IT WAS UNANIMOU8LY ORDERED THAT THE MINUTES OF THE JULY 10, 1990, WORKSHOP BE APPROVED AS SUBMITTED. ON MOTION OF COUNCILMEMBER ANDERSON, SECONDED BY COUNCILMEMBER MONIA IT WAS UNANIMOUSLY ORDERED THAT THE MINUTES OF THE JULY 10, 1990, MEETING BE APPROVED AS SUBMITTED. ON MOTION OF COUNCILMEMBER CLEVENGER, SECONDED BY COUNCILMEMBER ANDERSON IT WAS UNANIMOUSLY ORDERED THAT THE MINUTES OF THE MEETING OF JULY 21, 1990, BE APPROVED AS SUBMITTED. B. Approval of the Warrant List , Mln 2 City Council ' utes August 1, 1990 ON MOTION OF COUNqILMEMBER C~EVENGER, SECONDED BY COUNCILMEMBER ANDERSON IT WAS UNANIMOUSLY ORDERED THAT THE WARRANT LIST BE APPROVED. C. Report of City clerk on Posting of the Agenda Mr. Peacock stated that pursuant to Government Code 54954.2, the agenda for this me~eting was properly'posted on July 27, 1990. 4. CONSENT CALENDAR Mr. PeacOck stated~ that Item 4E would need to be dealt with separately, as the~ information relative tO that item was not made avaiiable until this evening. Councilmember AndeFson addressed Item 4E, relating to the 1990 Street M~intenance. Progra~, commending the work that was done. Mr. Larry Perlin, ~ity Engineer, reported that bids for the 1990 Pavement Management Program were received from six bidders and recommended that the construction contract be awarded to Granite COnstruction. of Wa~sonville, who submitted the lowes't responsible bid of $338}936.60. He stated, further, that staff is recommending that the City Council d~clare Granite Construction the lowest responsible bidder, authorize the Mayor to execute the contract and authorize staff to execute change orders of $50,000. Councilmember Clevenger asked if Granite Construction did the repairs of Big Basin Way for CalTrans, and the City Manager responded .afflrmatlvely. un ilmember Anderson asked if a separate motion would be needed and Co c the City Manager raspondedaffirmatively. ON MOTION OP COUNCiLMEMBER CLEVENGER, SECONDED BY COUNCILMEMBER ANDERSON, IT WAS UNANIMOUSLY ORDERED THAT THE CONSENT CALENDAR BE APPROVED EXCEPT FOR ITEM 4E. Mayor Stutzman asked if anyone in the public would like to have an item removed. from the Consent Calendar. n a Kevin Moran Park. He asked how the parking would be arranged. Mr. Perlin stated that the parking would be parallel. ON MOTION OF COUNCILMEMBER ANDERSON, SECONDED BY COUNCILMEMBER CLEVENGER, IT WAS UNANIMOUSLY ORDERED THAT GRANITE CONSTRUCTION CO. OF WATSON VILLE BE~DECLARED THE LOWEST RESONSIBLE BIDDER ON THE 1990 =PAVEMENT MANAGEMENT PROGRAM, THAT THE HAYOR BE AUTHORIZED TO EXECUTE A'CONTHACT WITH GRANITE CONSTRUCTION IN THE AMOUNT OF $338,936.60 AND AUTHORIZED THE STAFF TO EXECUTE CHANGE ORDERS TO THE CONTRACT NOT TO EXCEED $50,000. C6uncilmember Anderson pointed out that work done on Cox Avenue is incomplete sincea[left-hand turn arrow is needed as you turn west on Cox. Mr. Perlin stated that the work is not complete. CONSENT CALENDAR II - Claims =A. Claim ~f Ishi~rT. concerning d~ge to a~tomobile a11egedly caused by striking object left on FaNell Road. ON MOTION OF COUNCI:LMEMBER CLEVENGER, SECONDED BY COUNCILMEMBER MONIA, IT WAS UNANIMOUSLY ORDERED THAT THE CLAIM BE DENIED. 5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC "Co~ · A. Oral mmunications DOra Grens,.13451 Old oak way, addressed the Council commending the Council for its concern to public requests. Mr. William Perett/ 13485 Old'Oak Way, expressed concern regarding City council Minutes 3 August 1, 1990 the Council efforts to get damage repaired on the hillsides. He requested that Mr. Cocciardi be required to replant the trees and vegetation destroyed by his construction efforts. Mayor Stutzman informed Mr. Peretti that a revegetation plan has been approved. Mr. Thomas Reddick addressed the Council in opposition to the Giants Stadium. Mr. Wolfandre' Wanka, 15486 Madrone Hill Road, expressed concern relative to the noise created at Villa Montavo during concerts such -- as music and traffic. He stated that Villa Montavlo has a non- conforming Use Permit and that normal means of control do not exist to control the sound. He asked that the City Council address this issue. Mayor stutzman assured Mr. Wanka that the Council is aware of the problem and that it will be addressed. Mayor Stutzman took Item 6E out of order due to time constraints. 6. OLD BUSINESS F. Approval of Joint Powers Agreement to establish Stadium Finance Authority; includes authorization for Stadium Finance Authority to place measure on November ballot for imposition of I percent Utility Users Tax. Mayor Stutzman asked for Council direction relative to whether the Council would like to take action tonight on this item. Councilmembers Anderson, Clevenger, and Monia requested that the presentation be provided before that decision is made. Council- member Kohler asked if a Public Hearing would be possible and the Mayor stated that a Public Hearing would not be possible. Supervisor Rod Diridon, County Board of Supervisors, distributed copies of the Santa Clara Ballpark Plan and provided a presentation in support of the proposed Giants Stadium. He drew Council attention to an article contained in the plan, entitled, "Take Me Out to the Gold Mine," which illustrated that baseball parks do make money. SuperVisor Diridon also provided the following information: - the proposed project is a state-of-the-art design - open air - natural g~ass - 45,000 to 50,000 seats - best access in the County - freeway, Light Rail, and Cal Tran - location map - site plan - parking locations available - financing plan in comparison with the original proposal - utility surcharge - fair, equitable, and simple - financing tobe provided mostly by commercial use, the first $50 of residential utility surchanges would be exempt - requires a simple majority vote by the Council - regional participation, tax based system - protection for residences that would exclude most senior citizens - revenue producing - beneficial to industry ~ the - meets the revenue requirement of the State - $10 million paid in rent by the Giants - after 12 years, the funds will return to the cities through the Joint Powers Authority - Giants indicated that they would provide $7.5 million annually for the first three years in order to develop the stadium - would be a public facility compared original proposal to the current proposal He explained that the utility tax would decline annually over the course of 12 years and after that time the cities would begin to realize a return on the investment. Further, he pointed out that the Utility Tax needs a decision by August 9, 1990, and decision on the bond issue by September. City council Minutes 4 August 1~ 1990 Councilmember Anderson asked about the decline in the utility tax and asked if the citizens would get returns. Supervisor Diridon explained that the money would be returned to the cities and that the cities could provide the citizens more services to the residents. Councilmember Anderson asked if acquiring bonds would be a possibility and ~f so, why is the utility tax needed. Mr. Diridon explained that bonds are being attained, however, the utility tax is needed to g rantEe payments on the bonds. He stated that they have ua worked very closelSy with the Bond Counsel and two bond agencies from New York to investigate what would be the least expensive financing alternative for the tax payers. Responding to Councilmember Kohler, Supervisor Diridon stated that it would take approxi!mately 12 years for the cities to see a return. ncilmember Clevenger noted that it is'anticipated that Saratoga of Saratoga's cont.ribution would be returned. Mr. Diridon stated that each city wouSld receive the same percentage back as it contributed.' Mayor Stutzman asked about whether this contribution took into account inflation.~ Mr. Di~idon stated that it does at the rate of 5 percent per year f~or revenue and that there is a reserve for bond guarantee and modernization. He outlined the following reasons for city support of th~ Joint Powers Agreement, as follows: most"bay area residents are baseball fans publicly owned and proceeds will come back into the community the Giants ~ill provide a major equity contribution in the ~ . form.of a donation for development and their lease payment - large salaries paid to baseball players are paid by television,~not the public - equity contribution from all of the vendors using the facility -.the Giants ~ill be contributing a minimum of $1 million to charities o~ the community - the Giants ~ffered a luxury box seats and the Joint Powers Authority w~uld not accept it unless the luxury box could be given to the Joint Powers Authority for charitable uses, which would be designated by the Joint Powers Authority - the proposal is beneficial to all parties and the only way there could be loss is if the community lost their team - the contract is!for 30 years and the Giants have requested two five-year extensions - intereat rates were reduced dramatically - the City of~Santa Clara has picked up many of the costs associated With t~e development of the project~ - the community receives the highest rent paid of any major league team~ - the Giants Want to stay in the Bay Area - the Giants have proposed to rename the team, "Santa Clara Giants." Mr. Art Lund, negotiating Attorney for the contract process, summarized the MemOrandum of UnderstandiHg provided by Mr. Corey Busch, Executive Vice PreSident of the Giants, dated July 31, 1990. Councilmember Monii asked whether the lease allows the public to use the facility for. purposes other than baseball. Mr. Diridon stated that'i~ dqes, howeyer, it wouldn't allow other professional baseball teams to use it. ~ C0uncilmember Monia discussed tax based sharing and expressed a concern that even though the City of Saratoga would not receive a lot of kickback for s~les tax revenues and sales tax activity due to its location and to tha fact thatit is a residential community, Saratoga is asked to.contribute the same amount'as larger cities. 'Also, Councilmember Mon~a stated that the best seats are never available to the general community. City Council Minutes 5 August 1, 1990 Mr. Diridon stated that since this facility would be publicly owned, it would be responsive to the public needs; that a certain number of tickets will be sold only at the gate and that community charities will be provided with $1 million worth of tickets. Further, he stated that he felt that the support from cities would not be due to economics. Councilmember Kohler asked how many cities would be participating and Mr. Diridon stated that ten cities are being requested to participate as well as unincorporated areas of the County. Councilmember Kohler expressed concern that since there is not adequate time for a public hearing he is not supportive of taking any action that affects public utilities. Mr. Diridon stated that Public Hearings are not required and it would be legally proper for the CoUncil to take action, since this is only a request to place the issue on the November ballot and by opposing the proposal, the City of Saratoga would not be a member of the Joint Powers Authority. He stated that the public would be provided time prior to voting in November an opportunity to offer input. Councilmember Anderson asked for assurance that the thirty-year contract could not be broken and in response, Mr. Diridon stated that it has never happened. She asked about the controversy of Highway 237. Mr. Diridon stated that Highway has just been given its environmental clearance and will provide access to the proposed Stadium. Discussion ensued relative to the facsimile document relating to the updated Santa Clara Plan on page 9, regarding the addition of words that authorize the City of Saratoga to approve its membership to the Joint Powers Authority without public approval. Councilmember Clevenger cautioned that, even though she prefers citizen support, she does not want Saratog~ to be bound by the vote of other cities and Councilmember Anderson concurred that this is a critical issue. Councilmember Clevenger asked the City Manager for a cost estimate to the voters and expressed a desire to see this estimate on the ballot. Mr. Peacock estimated the cost to be approximately $18 annually for a household without cable television and $21.50 with. Councilmember Anderson stated that she would support continuing this to the August 7, 1990, meeting in order to receive public input and the Council concurred. Mayor Stutzman urged the Council to continue this item. Mr. Peacock stated that a draft resolution would be helpful. Mr. Diridon stated that he would prepare one and present the proposal and resolution at the August 7, 1990, City Council meeting. ON MOTION OF COUNCILMEMBER MONIA, SECONDED BY COUNCILMEMBER KOMLER IT IS UNANIMOUSLY ORDERED THAT ITEM 6F BE CONTINUED TO THE CITY COUNCIL MEETING OF AUGUST 7, 1990. Mayor Stutzman moved the agenda to Public Hearings. 8. PUBLIC HEARINGS City Clerk Peacock informed the Council of request received by the Clerk's office for continuance of Item 8B. He suggested that it be continued until September 5. B. Revocation of Business License of Kitchen concepts, 14510 Big Basin Way, in accordance with Section 4-05.150 of the City Code. Discussion ensued relating to the urgency of the item. Councilmember Anderson was not supportive of a continuance. Mr. Peacock explained that Kitchen Concepts has retained another Attorney and he is not familiar with the issues. City Council Minu~es 6 August 1, 1990 Councilmember Koh!er asked the City Attorney to discuss legal aspects of a continuance. ~The City Attorney stated that there was no legal reason why the item cannot not be continued and that Kitchen Concepts will continue to qperate until its license is revoked. He further pointed out that Mr. Lambert, Attorney, did not receive his packet until Tuesday, and that since he had no knowledge that Mr. Brown, the new attorney, had abeen retained, no information was sent to him until today. Councilmember Anderson asked that this issue be heard on August 7, 1990. Mr. Dennis Lempert representative of Mr. Phil Trainer, stated that material was not rleceived until Wednesday and there-was not adequate time to review it prior to tonight's meeting. suggested The City Attorney that the licensee should be provided with adequate time for preparation since there are currently numerous issues for the Cou;ncil to deal with without the addition of appropriate'due pr'ocess. CouncilmemBer Anderson stated that she is bothered by the fact that the business continuesto operate. ON 'MOTIbN OF COUNCILMEMBER MONIA, SECONDED BY COUNCILMEMBER TIME FOR PREPARATION. A. Route'85 Sound Wall Heights and Locations through saratoga City Clerk Peacock presented the staff report noting that Mr. Will Kempton'from the COunty Traffic Authority and Mr. Michael Kotowski, Joint Powers Authority representative, were invited to the meeting. He noted three issues of concern raised by Vice Mayor Kohler's letter to the Traffic Authority, as follows: 1. COmmunity wall for cox Avenue relative to request for a portion of the wall be raised from six to eight feet. · 2. The locatio~ of the sound wall near the freeway by Prospect/Saratoga Park Homes. 3. Other wall locations where neighborhoods have suggested various heights, those heights being agreed upon, yet not responded t0. M~. Peacock noted that since this letter's receipt, a communication · has been received ~rom Mr. Kempton indicating that sound walls along Cox Avenue would b~ raised to eight feet. Further, he stated~ at a meeting with the Traffic Authority, he was ~informed of a Memorandum of Understanding between the State and the City which relocates the sound wall along the Prospect/Saratoga Park area based upon the condition that the City maintain that area which remains in CalTran~ right-of-way. Further, Mr. Peacock, informed the Council relative to the 0vercrossing on r6 p ct stating that if there are similar concerns P se · Councilmember Kohler asked whether the City's Representative, Mr. .KotoWski, was p s&nt. Mr. Peacock stated that Mr. Kotowski is on re .vacation. · I Councilmember Kohler noted that he had received several Freeway Agreements and asked which Freeway Agreement excluded truck traffic .on Highway 85. Councilmember Clevenger stated that there has been an agreement between all the cities along the Corridor and the State that no trucks will be allowed on Highway 85 over a certain tonnage. City council Minutes 7 August 1, 1990 Mayor Stutzman opened the Public Hearing at 9:04. Desi Gallmeister, 12878 Glen Brae' Drive, addressed the Council stating that in August of 1989, the residents along the freeway were told that sound walls'would be in place before construction began. She expressed concerns about the lack of barriers between their homes and the construction dust and that grade level has not been adhered to. She stated that swimming pool pumps have been replaced and she asked when the walls would be constructed. Carol Machol, Ronnie Way, expressed concern that residents living along the corridor requested sixteen foot sound walls due to the noise concentration in the area and she urged the Council to support this request to mitigate anticipated noise levels. Further, she requested that at the interchange areas be provided with higher sound walls as well. -!~. / , - ! Meg Caldwell, 13906 Ravenwood, expressed-t-W~Tconcerns: that residents along San Tomas Aquino Creek were not given notification of the hearings - that she mailed a communication to Traffic Authority asked about the decrease in soundwall height along Union Avenue and no response was received - that the EIR did not include the area along San Tomas Aquino Creek. She requested that notification be provided to residents along San Tomas Aquino Creek in the future. Councilmember Clevenger informed Ms. Caldwell that people living adjacent to the proposed soundwall were supportive of a minimum height. Councilmember Anderson stated that only persons living directly along the proposed soundwall will be able to vote. Lori Fell, 12020 Plumas Drive, representing the Saratoga Park Homeowners' Association, requested follow-up information regarding: - retention of trees - options available - location of the soundwalls - uniformity relative to wall heights - requested that the Traffic Authority meet with the Homeowners' Association. Councilmember Kohler asked if Ms. Fell was satisfied with the proposed height of the soundwall. Ms. Fell stated that although the Homeowners' Association would prefer the lowest height possible, they are satisfied to comply with State regulations. Councilmember Clevenger stated that she and Councilmember Anderson visited the area and found that residents did not want maximum height for the soundwalls. Jeff Pierce, 12226 Plumas Drive, informed the Council that the Traffic Authority had agreed to a 12 foot height but the 12 foot wall will be on top of a 6 foot berm which will make the height of the soundwall 18 feet. Cheryl Abbott, 12271 Sara Hill Drive stated that it was her understanding thata 16 foot soundwall would be erected behind her home and is supportive of a 16 foot soundlwall. Richard Sterealy, 12301 Sara Hill Dr~ve, noted that the original plan showed the pedestrian overcrossing to be 18 feet and now the plan shows a 12 foot overcross allowing pedestrians to look directly into his backyard. Councilmember Clevenger stated that it was her understanding that the 16 foot overcrossing was proposed due to its location. City Council ' utes 7 A August 1, 1990 Mln Mayor Stutzman p ned the Public Hearing at 9:04. oe ~Desf Gallmeister, ~2878 Glen Brae Drive, addressed the Council stating that in August of 1989, the residents along the freeway were told that sound walls would be in place before construction began She expressed concerns about the lack of barriers between their homes and the constructi6n dust and that grade level has not been adhered to. She stated that swimming pool pumps have been replaced and she asked when the walls would be constructed. Carol Machol~ Ronnie Way, expressed concern that residents living along the corridor!requested sixteen foot sound walls due to the noise concentratio~ in the area and she urged the Council to support this request to mitigate anticipated noise levels. Further, She requested that at the interchange areas be provided with higher sound Walls as well.. Meg Caldwell, 13906 Ravenwood, expressed the following concerns: - that residents along San Tomas Aquino Creek were not given notlflcatlon of the hearings - that she mailed a communication to Traffic Authority asked about the dacrease in soundwall height along Union Avenue and no responseSwas received - that the EIR did not include the area along San Tomas Aquino ' -Creek.. ' She reqGested that notification be provided to residents along San Tomas A uino. Creek in h fu. ure. ' ' ' Councilmember Clevenger informed Ms. Caldwell that people living adjacent to the priposed soundwall were supportive of a minimum height. Councilmember Anderson stated that only persons living directly along the proposed soundWall will be able to vote. Lori Fell, 12020 P~umas Drive, representing the Saratoga Park Homeowners' Association, requested follow-up information regarding: '- retention of trees options available location of~the soundwalls 'uniformity relative to wall heights requeStedt~at the Traffic Authority meet with the Homeowners' Association. Councilmember Kohler asked if Ms. Fell was satisfied with the proposed height of ~the soundwall. Ms. Fell stated that although the Homeowners' Associa. tion would prefer the lowest height possible, they are satisfied to .comply with State regulations. Councilmember Clevenger stated that she and Councilmember Anderson visited the area and found that residents did not want maximum height for the soundwalls.~ Jeff Pierce., 12226 ,Plumas Drive, informed' the Council that the Traffic Authority h!ad agreed to a 12 foot height but the 12 foot wall will be on top of a8 6 foot berm whi~ ~,~] m~-o the height of the soundwa}l 18 feet. Cheryl Abbott, 1227,1 Sara Hill Drive stated that it'was her understanding that ~a 16 foot soundwall would be erected behind her home and is. support~ive of a 16 foot soundlwall. Richard'Sterealy, 1.2301 Sara Hill Drive, noted that the original plan showed'~he p stri~n overcrossing to be 18 feet and now the plan ede shows a 12 foot oVercross allowing pedestrians to look directly into ncilmember Clevenger stated that it was her understanding that the Cou 16 foot overcrossing'Was proposed due to its location. City Council Minutes 8 August 1, 1990 Mr~ Sterealy stated that it appears that the overcrossing has been l moved 150 feet from where it was originally proposed, and that originally it was to be 300 feet away from his backyard. Councilmember Anderson stated that she does not remember being informed of.the relocation of the overcrossing and asked if other members of the Council were. They indicated that they had not. Mr. Robert Wilson, Medford Court, requested that the'Council request the maximum height and use better absorption materials for all soundwalls. He stated that traffic is not going to decrease and the limiting the tonnage on trucks using the freeway would never hold up Federal funds are used, then Federal regulations would pre-empt city regulations. Further, he noted a study done recently by Russia that indicated noise extremes impedes proper sleeppatterns and that the soundwalls will only mitigate noise for those residents living right next to them. Mayor Stutzman agreed that studies show effects of noise and proper sleep patterns and that the truckers' union could prevent limiting all truck traffic.. Sandy Chung, 19436 Alan Court, asked for a verification as far as to the height of soundwalls along Cox Avenue. She noted that some residents requested lowering it to 12 feet. The City Clerk stated that the only change was that three residents on Brockton asked for 12 foot walls. Councilmember Anderson stated that a resident unable to be present tonight had requested that she inform the Council of their request for a 16 foot wall and retention of the trees along Bonnet Way and the railroad tracks. Mr. Will Kempton, Santa Clara County Traffic Authority, outlined the role of the Traffic Authority by noting: - administer funds provided by Cal Trans - hire consultants to design the freeways He stated that Cal Trans will be the oversight group and the State will own and operate the freeways. The Traffic Authority has to use the State's design guidelines and upon completion of the freeway, the Traffic Authority will dissolve. Mr. Kempton pointed out the that the Traffic Authority provides the following: - community relations process - mitigation plan - noise levels standards above State and Federal guidelines - greater consideration for landscaping plans - met with Saratoga citizens and brought the contractor along to listen to public concerns - will hold three community meetings to keep the residents informed - doing the best that it can to respond to community concerns - field offices to mitigate construction problems that occur - equality to all communities Relative to specific concerns raised by citizens tonight, Mr. Kempton stated: - soundw~lls will be constructed as soon as possible - that persons with pool pump problems should contact the field offices at 866-CARS Councilmember Monia asked if funds are available for claims of that nature. Mr. Kempton stated that there is a claims process and that usually the contractor is liable for damages, and the Traffic Authority will City Council Minutes 9 August 1,' 1990 work with Cal Tran to shorten the process. Regarding the Cox ~nd Quito Road soundwalls, Mr. Ke~pton stated that public comment wa~ considered and the key issue here is equity and fairness to all. ~ Further, he states] that the Traffic Authority is: - ' vestigati~ng various aspects relative to Bonnet Way - ~2ncern reg~arding the location of the walls inside of the State right-of-way would require the City to be responsible for maintenance of the area outside of the walls Councilmember Anderson noted that the City has stated that it would takeresponsibilit~ for maintenance of the right-of-'way areas beyond the soundwalls, and Mr~ Kempton told her that the City needs to ~ . contact CalTrans relatlve to taking the responsibility. Further, Mr'. Kem t~ stated that: p on - relative to Casa Blanca Lane, the Traffic Authority is working with the SoUthern Pacific Railroad to relocate the soundwall - regarding the new homes bhilt east of Quito Road, Mr. Kempton asked to speak with Meg Caldwell after the meeting tonight - he had no khowledge of a letter sent to the field office regarding uhion Avenue but will investigate the issue - mature tree~ would be retained whenever possible - creek improvements will be made - noted willihgness to meet with the Saratoga Park Homeowners' AssociationSand requested that a Santa Clara Water District representative attend the meeting as well - he had no khowledge of relocation of the Blue Hills pedestrian Overcrossing but will investigate and ensure that there will not be any ~isible impact and asked Mr. Sterealy to meet with him after the meeting tonight - informed tha Council that the State has presented legislation · banning tru~k from using Interstate 580 - that due to the location and rolling grade of the proposed ~ Highway 85, trucks will prefer to-take other routes Councilmember Kohl~r asked if it was part of the agreement. Mr. Kempton stated that it was in the State Agreement that no trucks over a certain tonnage 6ould use the Highway. Councilmember Anderson, relative to page three of the Traffic Authority Advisory regarding Measure A construction terms, expressed confusion regarding the wording at grade level." She noted that the public does not understand construction terms and asked Mr. Kempton to be aware of thi~. Discussion ensued relative to appropriate wording for adequate citizen understanding. Mr. Kempton expressed a desire to wor~ wit~ the city to mitigate communication concerns. Discussion ensued ~elative to specific wall heights, locations, the expense per foot, ~nd the Traffic Authority's response to public input. Mr. Kemptoh stated that if exceptions were made in Saratoga's wall heights, equiey between cities would become a major issue. Ma o ~ y r Stutzman closed the Public Hearing'at 10:06 p.m. CounCilmember Monla requested the City Engineer calculate tkc difference in wall~feet between the proposal made by Cal Trans and the amount requested by the citizens of Saratoga. Mr. Perlin stated that he could do that. Discussion ensued relating to providing the citizens of Saratoga with what was requested'and a continuance was suggested. ON MOTION OF COUNCILMEMBER MONIA, SECONDED BY COUNCILMEMBER ANDERSON, IT WAS UNANIMOUSLY~APPROVED THAT THIS ISSUE BE CONTINUED TO THE MEETING OF AUGUST l' 1990. The City Council recessed at 10:15 p.m., and reconvened at 10:30 ,. p.m., With all Councilmembers present. City council Minutes 10 August 1, 1990 C. Ordinance providing for appeal upon initiative of the city councilmember from administrative decisions or decision-~ of PlanPlanning Commission, with the associated Negative Declaration. City Manager Peacock presented the staff report. Mr. Toppel, City Attorney, explained the appeal process, noting that the City would have to call up a provision to amend the zoning regulations when it goes to the Planning Commission and a change would have to be made to the development process. He cautioned against possible politicization of the appeal process since the appeal process would have to be extended. Councilmember Kohler asked if an amendment could be made to the ordinance that would require two members of Council to request that an item be brought forward instead of one. Mayor Stutzman opened the Public Hearing at 10:31 p.m., and no one wished to speak. Mayor Stutzman closed the Public Hearing at 10:31 p.m. Councilmember Monia expressed support for the suggested amendment to the ordinance requiring two councilmembers request that an item be brought to CounCil. Councilmember Kohler stated that if this was a motion, he would second it. ON MOTION OF COUNCILMEMBER MONIA, SECONDED BY COUNCILMEMBER CLEVENG~.R IT WAS UNANIMOUSLY APPROVED T}~AT THE NEGATIVE DECLARATION BE ACCEPTED. Councilmember Anderson noted that she is opposed to the ordinance due to its political implications and that it will put a burden on the City Council to watch what the Planning Commission is doing. Mayor Stutzman stated that he will support the ordinance as amended. Councilmember Kohler stated that it is the Council's role to show interest in Planning Commission actions. ON MOTION OF COUNCILMEMBER MONIA, SECONDED BY COUNCILMEMBER KOHLER, THE ORDINANCE WAS INTRODUCED AS AMENDED ON A ROLL CALL VOTE OF 4-1- 0, COUNCILMEMBER ANDERSON VOTING NO. D. Appeal of denial of use permit to construct a utility tower and variance to exceed allowable 30-foot height limit in the P-A zone district at the intersection of Lawrence Expressway and Quito Road (V90-020, UP90-004) Applicant/appellant, GTE Mobilnet) Mr. Steve Emslie, Planning Director, provided the staff report, noting that although the Planning Commission was not adverse to the use permit request to improve cellular transmissions, the Commission was unable to make the necessary findings to support the variance request. He stated that it was felt that approval would grant special privileges. M~y~r Stut~m~n asked what the range of transmission is of a 30 foot tower. Mr. Emslie stated that the applicant informed the Commission that a 30 foot tower would not meet FCC Standards. Mayor Stutzman asked if Saratoga used cellular telephones and where the transmission comes from. The City Manager stated that transmission for cellular telephones being used in Saratoga comes from armature radio towers and transmit up to 50 or 60 feet, which is not the level of service required by the FCC. Discussion ensued relating to the height of the existing billboard in relationship to the proposed tower. City Council Minutes 11 August 1, 1990 Mayor Stutzman opeCned the public hearing at 10:48 p.m. Peggy Cocker, Atto,rney from the firm of Matteoni, Saxe and Nanda, was representing G~E and requested that the Council overturn the Planning Commission decision and approve the variance due to the following reasons: - demand for t. his technology is increasing - the-.zoning ~istrict was created so that no structure could exceed 35 feet and the tower is not a structure, but more like a. flag pole~ - that the location is excellent for this type of use due to its irregular shape - that the FCg requires GTE to provide a certain quality and level of service - that armature radio antenna are allowed to be as high as 65 feet ~ ' can make appropriate - Council findings without granting a special privilege Ms. Coc}~er Circulated an artistic rendering of the proposed tower in relationship to surrounding buildings. Mr.. Cole N&wman, Technical Advisor for GTE, offered to participate in .drafting an ordinahce to address this new technology. Further, he explained the minimal range requirements by the FCC and that with a tower of only 35 faet surrounding structures such as trees and buildingS. would cause telephone interference. Mayor Stutzman asked if the proposal was for direct line of.sight transmission and h w many towers would be required. In response, Mr. o Newman &xplained t~at the tower would not effect television reception or other reception in the area and that two or three more towers would be needed in Saratoga for proper transmission.' Discussion ensued relating to the use of towe on the unt ' and rs mo alns Mr. Newman explainad that mountain top towers could not carry the , ch n large number of a nels that this tower could. John Carlsbad, citizen of-Saratoga, spoke in support of the proposal noting the growing ~need in the area and that present transmitters face interference bY radio stations. Further, he stated that the tower could be used during emergencies. In conclusion, he stated that if it is fair ]for amateur radio uses to have 65' foot antenna then it is fair for GTE to have a tower 45 feet in height. r. elly ~illiam , ro' ' g ' , sp M Sh B ok Rid e Drive oke in support of the proposal stating t~at the tower is needed. Mayor Stutz~an cloled the public hearing at 11:05 p.m. 'Councilmember nder n asked if the public was properly noticed and A so Mr..' Emslie assured that they were. And o Further, Mrs. erson n ted her support for the proposal based upon the following: - armature radio antenna is 65 feet in height minimal 1 ct - mpa - the proposed site is suitable for this type of use Councilmemb&r Monia was supportive of the proposal since he liked car en es phones and can appreciate the use in times of emerg ci . He asked for findings for approval from the City Attorney. 'Mayor Stutzman asked if the City has an ordinance regarding ham radio operators. Mr. TO~pel stated that some legislative process response .could be investigated relating to ham radio antenna, rather than a structure.; but it wDuld require amendments to city codes. ~Discussk~on ensued _=lating to revised findings for approval. City Council Minutes 12 August 1, 1990 Councilmember Anderson requested that the City Attorney find a way to allow for establishment of this new technology. Mr. Toppel stated that he would have a problem in meking a finding based upon the site but could investigate findings relative to the exceptional use requested. ON MOTION OF COUNCILMEMBER KOHLER, SECONDED BY COUNCILMEMBER MONIA IT WAS UNANIMOUSLY APPROVED TO DENY THE APPEAL OF THE USE PERMIT. ON MOTION OF COUNCILMEMBER ANDERSON, SECONDED BY COUNCILMEMBER MONIA IT WAS UNANIMOUSLY ORDERED THAT STAFF BE DIRECTED TO PREPARE A LEGISLATIVE POLICY THAT WOULD ALLOW THIS TYPE OF USE IN A TIMELY MANNER.. E. Consideration and confirmation of weed abatement assessment report. City Manager Peacock presented that staff report stating that this is an annual request from the County Fire Marshal and that the Staff is recommending adoption of a resolution confirming the report of the Assessment District. Mayor Stutzman opened the public hearing at 11:20 p.m., there being no one wishing to speak on this item closed the public hearing at 11:20 p.m. ON MOTION OF COUNCILMEMBER MONIA, SECONDED BY COUNCILMEMBER ANDERSON, IT WAS UNANIMOUSLY ORDERED THAT RESOLUTION 2673 BE ADOPTED CONFIRMING THE ASSESSMENT DISTRICT REPORT. Mayor Stutzman moved the agenda to Item 5B. B. WRITTEN COMMUNICATIONS 2) Jeffrey Becket, 14615 Aloha Avenue, requesting that Council protest proposed closure of west Valley Mental Health Center. Mr. Peacock discussed a letter to the Board of Supervisors, relating to Item 5B, requesting that this funding be retained due to the impact to Saratoga Residents and requested that he be authorized to draft a response. He stated that Los Gatos has prepared a letter requesting that the facility remain open. Mayor Stutzman noted the need for health care facilities. Councilmember Monia spoke for Mr. Becket who could not be present at this time, indicating his request for Council support preventing the closure of West Valley Mental Heal.th Center. Discussion ensued relative to Trial Court Funding and State Funding cuts. ON MOTION OF COUNCILMEMBER KOHLER, SECONDED BY COUNCILMEMBER CLEVENGER, IT WAS UNANIMOUSLY ORDERED THAT THE CITY MANAGER BE AUTHORIZED TO TRANSMIT A LETTER TO THE COUNTY BOARD OF SUPERVISORS REQUESTING RETENTION OF THE WEST VALLEY MENTAL HEALTH CENTER FUNDING. 2) Californians Against Waste, Sacramento, Requesting support for priority recycling legislation. City Manager Peacock noted that the Council has taken similar positions in the past supporting this type of request and advised that the Council remain consistent. ON MOTION OF COUNCILMEMBER ANDERSON, SECONDED BY COUNCILMEMBER MONIA, IT WAS UNANIMOUSLY APPROVED THAT CALIFORNIANS AGAINST WASTE BE SUPPORTED. 6. OLD BUSINESS A. Youth Commission.Program 1990-91 City Council Minutes 13 August 1, 1990 The Youth Commission report was presented by Joan Pisani, Director of the Youth Programs who noted that part of the background information was missing. Councilmember Anderson commended the Director for her work on the Youth Programs of the City. ON MOTION OF COUNCILMEMBER CLEVENGER, SECONDED BY COUNCILMEMBER MONIA~ IT WAS UNANIMOUSLY ORDERED THAT THE YOUTH COMMISSION PROGRAM BE ACCEPTED. e on City Council Noticing Pollcy B. R port ON GENERAL CONSENSUS OF THE COUNCIL THE ITEM WAS CONTINUED TO DATE UNCERTAIN. ro C. P posal for provision of City Attorney services =ON ORDER OF THE MAYOR, THERE BEING NO OBJECTIONS, THE PROPOSAL FOR PROVISION OF CITY ATTORNEY SERVICES WAS DEFERRED TO ~DATE UNCERTAIN. D. City Council Expense Allowance - City Expense · Reimbursement Policy ON ORDER OF THE MA~OR,-THERE BEING NO OBJECTIONS, THE CITY COUNCIL EXPENSE ALLOWANCE WAS DEFERRED TO NEXT CITY COUNCIL ~MEETING ON AUGUST 7, 1990. Review Of Requests from Saratoga Village E. Host Association referred to staff on June 20, 1990 .City Manager Peacock reported that the Saratoga Village Host Associations is rehuesting that the City loosen the policies relative to outdoor dining.~ Further, he noted that Mr. Bill Carlson is present to speak if needed. Mr. Carlson requested a resolution to the situation. ON ORDER OF THE HAyOR, THERE BEING NO OBJECTIONS, THE ISSUE RELATING TO OUTDOOR DINING WAS DIRECTED TO STAFF FOR RESOLUTION. H. Reports Concerning Pierce Road 1) Status of SD 88-006 (Saviano) Improvement Progress Mr. Perlin Stated that this is an informational item to illustrate that Mr. Saviano, ~he developer, has made considerable progress towards compieting~the improvements required. He drew attention to the staff report contained within the Council packet. 2) .Proposed safety signage City Manager Peacogk stated that also enclosed in the packet are some samples of symbol signs he spotted on a State Highway and he suggested they might be appropriate for Pierce Road.' ON CONSENSUS OF TH~ COUNCIL, THERE BEING NO OBJECTIONS, IT WAS AGREED THAT THE CITY ENGINEER BE AUTHORIZED TO POST SIMILAR SIGNS ALONG PIERCE ROAD.Report on I. Coffee for Council Chambers Lobby THERE WAS NO REPORT AND THIS ITEM WAS DEFERRED BY GENERAL CONSENSUS. J. Status Report on Tract 8316 - san Marcos Heights The City Engineer, Mr. Perlin, reported that three concerns have been addressed and that the developers are following procedure outlined in the.staff report. Virginia Fanelli, lepresentative of the developers of San Marcos Heights,'addressed the Council calling attention to staff reports from. Mr. Perlin and Mr. Emslie stating that procedure has been adhered to; the letter from Mr. Coats commending the developer for City Council Minutes 14 August 1, 1990 the preservation ofthe trees; and she responded to the concerns raised by Mr. Swanson by proposing the following: - trailer was placed on lot 16 by permit and required conditions for its installation costing the developer $10,000 - a construction trailer will be erected at the Gypsy Hill portion on lot 33 of this project which will be used by the construction works and staff - this will happen in approximately 10 weeks and all construction personnel will be located at this site - construct a showcase home on the Gypsy Hill portion of the project and all sales and administration office will be · relocated to that home and the trailer on lot 16 will be removed - approximately 12 to 13 months - construction personnel have been instructed to access the property through Gypsy Hill no control over PG&E and Water District Ms. Fanelli requested that the Council provide direction for the proposed design review home on lot 16 and requested that the design be referred to the Planning Commission. Councilmember Kohler asked about the tree trunk that is on the site. Mr. Perlin stated that the tree was removed due to its condition. He stated that the tree was dead and was removed for safety reasons. Mr. Emslie stated that the tree was removed in response to a request from the Fire Marshal. Councilmember Monia asked why the showcase home was proposed for lot 16 and not closer to Gypsy Hill. Ms. Fanelli stated that the showcase home was proposed for lot 16 since Crisp is a public road, however, that the majority of traffic will come through Gypsy Hill. Councilmember Monia noted that the public did not expect the grade to be raised to 20 feet. Further, he suggested that the home on lot 16 be only one-story. Ms. Fanelli stated that if that is the desire of the Council, she would appreciate that direction at this time. Mr. Emslie stated that staff is recommending that the views of the residents in the area be preserved and supports a one-story structure. In response to a question from Mayor Stutzman regarding when the trailer on lot 16 would be moved, Ms. [anelli stated that removal of the trailer depends on the application process. Attorney for the developer addressed the Council stating that there are various subdivision standards that must be adhered to. Mr. Swanson addressed the Council stating that the established process adopted by the City has not worked; that he does not want to look at a trailer for the next several months, that this process was approved by the Planning Staff; and, that due to the grading the proposed home will block his view while enhancing the view of the proposed home. Further, he stated that the dust caused by construction is a problem and that water trucks have not been on the site for a long time. In response to Councilmember Clevenger~s remarks that the house would be a one-story house, Mr. Swanson crated that it would not make a difference if the house was allowed to be 20 feet in height; that he would prefer to have the lot place back to the original grade level. Mr. Emslie stated that the Council does have control relative to the finished grade. Councilmember Kohler asked why the lot was filled. Mr. Emslie responded stating that the developer was attempting to use the natural grade to build up the pad due to uneven terrain. COUNCILMEMBER MONIA MOVED THAT STAFF BE DIRECTED TO REVISE THE PLAN REDUCING THE HEIGHT OF THE PAD AND PROVIDE FOR A ONE-STORY NO HIGHER THAT 20 FEET. THERE WAS NO SECOND TO THE MOTION. City Council Minutes 15 August 1,' 1990 · 8 . Co n C u cllmember lev?nger argued that the Planning Staff should · investigate the best way to mitigate the concerns, and that being too specific may c at& more re problems. Discussion ensued relating the what direction shohld be given to staff. Councilmember Anderson suggested that the appropriate thing to do would be to refer it to staff, noting the Council's direction that ~views of surrounding residents suffer no impact due to the proposed structure. COUNCiLMEMBER MONIA MOVED, AND COUNCILMEMBER KOHLER SECONDED A MOTION, THAT!STAFF~BE DIRECTED TO REVISE THE PLANS TO PROVIDE FOR A 0NE~STORY HOME NO HIGHER THAN 18 FEET. 'Councilmember And o suggested an amendment that notes no negative ers n 'impact to the view~of local residents, and that staff decide whether the pad should be lowered. Councilmember Monil pointed out that another issue requires attention relating to relocaeion of the trailer on lot 16. Councilmember Kohler asked why t~e trailer could not be moved right away. Ms. Fanelli'stated tha~ the cost to place the trailer there including landscaping,'utiii~y and water hook-up was extreme and that Irelocatingthe tra~ler at this time would not be financially feasible. C0uncilmember Monia amended his motion and Councilmember Kohler concurred to an amendment to the motion, as follows:. .... THAT STAF~ BE DIRECTED TO REVISE PLANS TO INDICATE A ONE-STORY STRUCTURE~ THAT THERE BE NO NEGATIVE IMPACT REGARDING THE VIEWS OF SURROUNDING PROPERTY OWNERS~ THAT THE TRAILER ON LOT 16 BE RELOCATED BY AUGUST 1,= 1991~ 8AND, THAT THE USE PERMIT FOR THE TRAILER WILL NOT BERENEWED. Passed 5-0. The original motion~ was then voted on and also passed 5-0. ~6uncilmember Kohlelr asked that in the future if City ordinances could be examined t~o require a refundable deposit from developers to ensure certain condlitions be met. City Attorney Toppel stated that ~his is possib!e. 7. NEW BUSINESS · A. Offer o~ real property - AVCO Community Developers·- 1,503 square foot parcel abutting Kevin Moran Park The City Manager stated that staff is recommending approval of the acceptance of the p~rcel adjoining Kevin Moran Park as part of the Route 85 acquisitioh process. ONGENEHAL CONSENSUS OF THE COUNCIL IT WAS UNANIMOUSLY ORDERED THAT THE CITY MANAGER BE~AUTHORIZED TO ACCEPT THE OFFER OF REAL PROPERTY FROM AVCO COMMUNITY~DEVELOPERS. B. Revising Municipal Code to reduce allowable house size Councilmember nde A rson requested that a public hearing be initiated. City~Manager Peacock suggested that this item be continued. ON MOTION OF COUNCILMEMBER KOHLER, SECONDED BY COUNCILMEMEER ANDERSON, IT WAS UNANIMOUSLY ORDERED THAT ITEM 7B BE CONTINUED TO TIME UNCERTAI~ 9. CITY COUNCILSITEMS · S t A. is er City Gift Policy Councilmember Cleve~ger requested that the Cityws Sister City Gift P~l~cy be retained, and suggested that a $150 limit be imposed. ON MOTION OF COUNCILMEMBER CLEVENGER, SECONDED BY COUNCILMEMBER ANDERSON, THE.EXISTiNG CITY POLICY REGARDING SISTER GIFT POLICIES WAS City Council Minutes 16 August 1, 1990 UNANIMOUSLY APPROVED, SETTING THE EXPENDITURE LIMIT TO $150. B. consider reversing the City's support of SB 209 ON GENERAL CONSENSUS OF THE COUNCIL, THERE BEING NO OBJECTION, IT WAS UNANIMOUSLY ORDERED THAT ITEM 9B BE CONTINUED TO AUGUST 7, 1990. C. Reports from Individual councilmembers Councilmember Monia requested that an item be placed on the agenda to establish a subcommittee to review the Cocciardi Property. ON DIRECTION OF THE MAYOR, STAFF IS DIRECTED TO AGENDIZE COUNCILMEMBER MONIA'S REQUEST. Discussion ensued relating the date certain, and it was decided that this item would be placed on the agenda within 60 to 90 days. Councilmember Anderson spoke of a letter she received relative to a request for a retaining wall on Old Oak Way. Further, Councilmember Anderson pointed out that a free workshop would be sponsored on Friday, August 5, 1990, at 7:00 p.m., County Board of Supervisors' Chambers, relating to Robert's Rules of Order and suggested that all Councilmembers attend. 6. OLD BUSINESS G. Interim Use of the Warnet Hutton House City Manager Peacock requested that he and his staff relocate in the Warher Hutton House to due added staff and lack of space within his office. Councilmember Clevenger suggested that the largest department in the City be relocated there instead. The City Engineer stated that the house would have required too many alterations to do that. In response to Councilmember Monia's question regarding the cost of such a move, Mr. Peacock stated that if the Council is amenable to the suggested use, he would prepare a cost estimate. Councilmember Anderson opposed the idea since the house was originally proposed for a teen drop in center. The City Manager stated that he is requesting temporary use, until funds are available for the expansion of City Hall. Mayor Stutzman was supportive of the idea since expansion of City Hall may take several years and inhouse staff is in need of office space now. Councilmember Kohler requested that the suggestion be supported on a temporary basis. ON MOTION OF COUNCILMEMBER CLEVENGER, SECONDED BY COUNCILMEMBER MONIA, IT WAS ORDERED THAT THE WARNER HUTTON HOUSE BE USED TEMPORARILY FOR CITY STAFF. 4-1-0, COUNCkLMEMBER ANDERSON VOTING NO. 11. ADJOURNMENT Mayor Stutzman, there being no objection, adjourned the meeting at 12:45 a.m., to August 7, 1990, at 7:30 p.m. Respectfully Submitted, Minutes Clerk