HomeMy WebLinkAbout07-03-1991 City Council Minutes 'HINLrTBS
SAR~TOC-~ CITY CO5'NCIL
TIME: Wednesday, July 3 1991
PLACE: Civic Theatre, 13377 Fruitvale Avenue
TYPE: Regular Meeting
1. ROLL CALL
The meetin was called to order at 7:30 p.m. by
Stutzman.
2. CERgHONT_AL~S
MONIA/CLKv'ENG~RH0~_.DTBATVICEHAYOR KOEn.RRBE ~T0 ~ 0~ 0~
~YOR, Passed 5-0.
Ha or Kohler thanked Councilmember Stutzman for his time effort and
effectiveness on the Council and presented Former Hayor ~tutzman a gift
from the City.
ST~Z~/~ON HO~D~T CO~CI~HO~A B~ B~D TO T~
OP ~ ~YOR, Passed 5-0.
City Hanager Harry Peacock administered the Oath of Office to the hey
Hayor and Vice Hayor.
Hayor Koh~er accepted the ~avel and ~ave the audience personal
background. Be stated he rill do ~hatever he can to expedite the
bureaucrac~ in Cit~ Hall, is in favor of democ~ac . His objectives are
honesty ana integrity in ~overnment, sup oft of t~e individual resident
in Saratoga and preservation of neighborhoods and openspace.
Hayor Kohler reported that Council received a report of flndin s and
recommendations from the Znvesti~atlon Committee on the ille~a~ gradin
of the Saratoga hillsides ~hich ~ill be acted on in a timely manner.
gave assurance the City ~ill not rest unti~ the full damages and
penalties have been paid by the developer. '
A. Council ReorE~ization ~d Resolution 9~-53 appointing
Co~cil repres~tatives to agencies
Discussion is held regarding Council representation to agencies.
HO~A/ST~Z~HO~D CO~I~CB OF T~IS I~H TO T~ CO~CIL
~BTING.
Following further discussion, the above motion and second is ~ithdra~n.
There is consensus that Councilmembers Stutzman and Honia ~ill be the
representative and alternate to the Association of Bay Area Governments.
Hayor Kohler ~il~ be representative to the Santa Clara County Cities
Association.
~SON/H0~A HO~D~PROV~ OE~SOL~ION 91-53 AS~BDBO~.
B. Presentation by Bill Bag~erty~ South Ba Cablevision, of
television broadcast equipment for the ~o~cil Chabers to
the City
Hr. Bil~ Hag erty~ on behalf of the employees and partners of South Bay
Cablevlslon fionated the te~evlslon broadcast equi ment to the City. He
thanked Hr. Peacock and City staff~ Ben Strong~ t~e members of the
Saratoga Community Access Foundation and Vince ~askell of ~est Valle
College for their assistance and sup oft'in this endeavor. 0n behal~ of
the Clty~ Hayor Kohler accepted the ~onation.
3. RO~I~ ~S
A. Approval of Hinutes - 6/~9
Councilmember Honia requests that aragraph 2 on Pa~e be amended to
indicate tha~ "Council agreed Hr. ~iback ~ould reviev the re oft ~d m~e
it available to the SJ~ on the folioring Honda . Subsequently, the
Co~cil a~reed to meet ~ith the Co~ittee on Ju~y 18."
City Council Minutes 2 July 3, 1991
In response to Councilmember Anderson, Mr. Riback re orts that the notes
on the above-mentioned report from the attorney hire~ by the City of
Sarato a is considered a confident'al privilege document and it ~s up to
Counci~ to determine when and if i~ should be publicly released. There
is consensus this item should be discussed at another time.
Councilmember Monia amends the Minutes on Page 6, ninth arag~aph from
4 jority protest.
the bottom to read ."received for a 5 I ma
~ouncilmember Anderso~ stated that in several instances the phrase
folioring discussion vas used in place of important discussion. She
believes reasons for findings for decisions should be included in
Minutes.
Regardin Page 5, fifth para raph from the bottom, Councilmember Anderson
mentlonea Mr. Becket stated ~is neighborhood wished to continue to
maintain their own. area, as they had in the past. She believes the
Minutes should reflect that Council's motion to remove the Brookview and
Westbrook neighborhoods was because of Mr. Becker's comments.
Regarding Pa e 7, sixth pard raph from the bottom, Councilmember Anderson
recalled that she mentioned The city had a deadline with the Count to be
able to collect property tax and that the information should be re{lected
in the Minutes. She recalled that the public speakers also gave reasons
why they were for or against.
Councilmember Anderson requested a verbatim transcript of Council's
discussion on this item. Mr. Peacock clarifies that the verbatim
transcri t could be included as part of the Minutes which could be
brought gack in revised form for adoption at a subsequent meeting.
ANDERSON/MONIA HOVED TO HAVE A VERBATIM TRANSCRIPT OF THE PUBLIC HEARING
ON ITEM 8A3 RESOLUTIONS IN CONNECTION WITH ANNEXATION 1991, OF COUNCIL
MEETING MEE~ ON JUNE 19. Passed 5-0.
Councilmember Stutzman referred to Item 7D on Page 10 and requested the
V
minutes include the motion "ANDERSON/MONIA M0 ED TO CONSIDER ACCEPTANCE
OF JURISDICTION OVER CONSTRUCTION WORK ON PROPERTY UNDER COUNTY
JURISDICTION RELATING TO SINGLE FAMILY HOME PROJECT - BIRENBAUM".
MONIA/STUTZNANMOVEDAPPROVAL OF THE MINUTES OF 6/19 AS AMENDED. Passed
5-0°
Per Mr. Peacock's recommendation, the above motion and second was
withdravn in order that the Minutes of 6/19 could be amended to include
the verbatim portion and presented at the next meeting for approval.
ANDERSON/MONIAMOVED TO CONTINUE APPROVAL OF TB]E 6/19 MINUTES TO TMENgXT
MEETING. Passed 5-0.
A. Approval of Minutes -'6/25
Mayor Kohler points out an omission on Page 5 of a portion of
Councilmember AndersZn's comments. Hemrequested that the following be
added to the Minutes: "She (Councilme bet Anderson) recommended to stop
everything (the Investi ation Report results) instead of hurryin up, as
su ested b Council em~ernKohler, and to pass it on to the Gran~ Jury
an~gnot loo~ at it anymore . Councilmember Anderson agreed with the
amendment.
CLEVENGER/ANDRESONAPPROVED THE MINITI~S OF JUNIE 25 AS AMENDED. Passed
5-0°
B. Approval of Warrant List
MONIA/ANDERSON MOVED APPROVAL. Passed 5-0.
C. Report of City Clerk on PoSting of Agenda
Mr. Peacock announced that pursuant to Government Code 54954.2 the
agenda for this meeting was properly posted on June 28. '
4. CONSENT CAT~NDAR
CLEVENGER/MONIA MOVED APPROVAL OF CONSENT CAI.ENDAR. Passed 5-0.
A. Planning Commission Actions, 6/26 - Noted and filed.
City Council Minutes 3 July 3, 1991
B, Resolution 85-9,88 revising class specifications for
Recreation Supervisor
C. Donation of.0NNI FAX 360, Grou 3~ with case of paper
William Brooks, 20230 Me ick[venue a -
rr
D. Hakone Foundation Fund Raising - May 19-June 25, 1991
E, Award of contract to urchase truck to Mission Valley Ford
in the amount of $51,~03.47.
F. Resolution 91-54 commending Tom Tappan for service on
Pl-nning Commission
4, CONS~'/CAI.~IDARII - CLAIMS
A. Claim of T~m~y Smith in connection with auto accident at
intersection of Nartha and Quito
CLEVENGER/NONIAMOVilD TO Dt2]YTml. CLAIM, Passed 5-0,
5, COMMUNICATIONS FROM CONNISSIONS ANDTHE PUBLIC
A, ORAL COMMUNiCATiONS
r g o Improvements
Mr. Will Kempton reviewed the update on the Measure A program. He
reported that a deficit of approximately $76.6 million is anticipated
which will affect the A ency s ability to deliver the projects in the
initial plan on time. ~he Agency p~ans to continue to seek additional
revenues. He reviewed four categories of options for ex enditure
reductions including construction ins oction and right o~ way support
costs, slow down of projects by expanding construction schedules and
project deferral and cost sharing. A roximately 8 million will be
saved in costs. Completion of route ~ is eXpeCtea in October of 1994.
Councilmember Anderson discussed the difficulty in com lying with the
tree damage rocedure and asked if there is a way the ~ enc could
streamline t~at rocedure. Mr. Kempton agreed to consider ~er suggestion
that the Agency Eavea designated consultant for tree damage.
In response to Councilmember Cleven er Mr. Kem ton reported that on June
26, the MTC approved Route 85 West 5alley Corriaor, as well as Route 101
Corridor, according to Resolution 22.70 relating to air quality. Mr.
Kempton elaborated on how the Authority hopes to minimize impacts to
local streets.
2) Mr. Jeffrey C. Kalb, 14617 Carnelian Glen Ct., spoke of a
aeport, two weeks ago, from the Saratoga Hillside Investigative
ommittee and apologized to Council and. s~aff.for the premature disclosure of
that information concernin Tract 7770. He said he had committed that
the contents would not be ~isclosed until the City Attorney reviewed it
and is outragedthat_the_integrity of his commitment has been violated.
~nr~ma~thattheletterfmm~. ~i~,theattoTnevhired~ revi~the.~a~r~n~. ~t ~
publiclydistributed. In response to Councilmember Monia, Mr. Kalb stated thatAttorney Ri~ck
was given t~e evidence wn~cn was ~nougn~ ~o De relevant to ~ne case and
t
additional evidence was sent to he Attorney upon his request when he
discovered the need to review them.
3) Jeffrey Schwartz, San Marcos Road, Saratoga, a member of
ahe Hillside Investigative Report Committee, stated the Committee
elieved it was clear that Mr. Scheidig's analysis given to the Committee
was confidential. He reported that four of the five members of the
Committee have submitted a letter, under separate cover concerning the
restoration of Quarry Creek and related litigation. He read that
information verbatim and presented the letter to the Council.
Mr. William Peretti, 13485 01d Oak Way, Saratoga, representing his wife
and seven neighbors regarding the pro3ect five years ago between the City
and Cocciardi and Hillside Construction, stated he understood there was
$80,000, as recently as nine months ago, in the bank to repair the yards
~n uestion. He urges Council do do so and points out that a ear and a
hal~ a o then Councilmember Kohler s oke against replanting t~e back
yards ~elieving that big er trees wou~d have been more suitable. No
lanting was done. Mr. ~eretti gave an overall vote of confidence to
aity Manager Harry Peacock.
City Council Minutes 4 July 3, 1991
In response to a comment from Ma or Kohler, Mr. Peacock verifies that the
delay ~s due to the Army Corps o¥ Engineers. Staff is still trying to
convince the Corps that this project is clearl not under their '
jurisdiction. Mr. Peacock reiterates the prob{ems which have been
encountered and states he will discuss a solution with the City Attorney
and the ramifications if the City i notes the Corps (a recommendation Mr.
Peacock had made before) in favor o{ following throu h on a restoration
lan which has been a proved and which was designed ~y H.T. Harvey and
~ssociates, ecologica~ consultants. .
Mayor Kohler moved the Agenda to Item 8.
8. PLIBLICRR. ARINGS - 8:30 P.M.
A. Solid Waste and Environmental Management Rates and Fees for
1991-92.
In addition to the re ort from Isabel Gloege,the Rnvironment Programs
Manager, and previously received written communication, written
communications were received today from Susan Mallory and Kenneth Colson.
Ms. Gloege explained the options available for source reduction and major
recyclin for the urposes of reducing solid waste and dealing with the
issues o~ householS hazardous waste and non-point source pollution. All
are being required of the City to perform as part of State and Federal
program.
At its last meetin staff provided Council with the 1991 programs and
programs for 1991-~. Todays report contains the rates for both
reszdential and commercial rates reflected in those programs. The rates
were set with two goals in mind: 1) to create a total revenue that would
cover the City's costs in this program and 2) to provide incentive for
recycling.
Slides are presented representing the Fiscal Year 1991-92 Residential;
Rates for variable can rate structure at a 27.7% increase; Commercial
Service Rates equate to a 22.3~ increase and the dro -off box service
increase is 14%. Mr. Peacock explains the City's mu~tifaceted
residential rate structure based on several components. '
In response to Councilmember Anderson Mr. Peacock clarifies that yard
waste pick up will begin A ril 1 199~. Discussions are being helH with
the dis osal com any regarMing w~ether two or three-can totera will be
utilize~. Ms. G~oege reviews the slides in detail stating one of the
assumptions in the proposal for unlimited rate structure is equivalent to
the two-can rate because of the yard waste program to be implemented.
Ms. Gloege clarifies that yard waste includes trees, shrubs and grass. .
Staff recommends Option B - A rate increase to be effective September and
on April 1, the yar.d waste program will be im lemented creatin a
revision in the rate. Some residents may fin~ a decrease in t~eir rates.
Councilmember Anderson believes it would be helpful to make it clear that
this recycling is not the lucrative market some peo le ~bink i~ is. Mrs.
Gloege reports that all of the rates in the proposa~ ~]udetherevenue
recovered by the recycleables. '
Gerard Wen, 573 University Avenue Los Gatos, reports that the revenue
from recycleables fluctuate tremendously and unpredictably. The costs of
the program are mainly applied to the costs of vehicles drivers
insurance~ etc. He reports the partici ation rate for ~aratoga ~0% and
the City is very close to meeting the 2E% AB939 goal in the year 1995.
Councilmember Clevenger believes a key component of the plan is disposal
of yard waste. Councilmember Monia expresses concern for those residents
who cannot afford to rent dro boxes for yard waste. He pro oses that
staff explore methods b whic~ chippers could be made available to
residents either throug~ the City or private enterprise.
Mayor Kohler opened the Public Hearing at'9:30 p.m.
Joan Green, 12350 Goleta Avenue, Saratoga, read verbatim a letter to
Council in which she objected to having had to take more service when
she does not need more than one can service.
Responding to Mrs. Green's uestion as to why there is such a difference
in the rates between Campbell since they use the same company
Councilmember Clevenger explains that an audit was requested ~ecause the
City Council Minutes 5 July 3, 1991
City too felt its residents were paying too much for trash ick up. The
audxt re ealed Sarato a has low commercial rate use in the ~ity; v
commercial rates subsidize residential rates.
Dora Grens, 13451 01d Oak Way, supported the idea of use of the chipper
which has made it possible for her family to utilize one can for trash.
Katherine Dever member of the Saratoga Integrated Solid Waste Management
Task Force urgea Council to accept Option B.
Roberrs Warden, 14204 Squirrel Hollow Lane Saratoga, stated she has a
difficult time filling up one trash can. her increase will be $ .58 per
month. She believes xt xs unfair to have to continue paying for2the pick
up even if she is away from her home for a length of txme not generating
garbage.
Mr. Wen clanifies that those residents with variable-can rates can stop
service for one week and receive credit. Unlimited service users can
yvice but must adhere to a three week stop service to receive
i
Mayor Kohler closed the Public Hearing at 9:40 p.m.
Mr. Peacock suggested the Public Hearing be left open if Council wishes
to hear more testimon next meeting. He explains ~t is a procedural
matter which would ca~l for re-advertisement if closed tonight.
Mayor Kohler re-opened the Public Hearing at 9:41 p.m.
NONIA/STUTZNANNOVEDTO CONTINUE THE PUBLIC "~-aG TO TIlENEXT COUNCiL
~I~.FTING. Passed 5-0.
Councilmember Cleven er stated she supports 0~t_imB. because it is the
recommendation from The h
Task Force, because s e believes Option B would'
cause the least trouble for residents and she believes it ~s the best
option. Even thou h unlimited pick up which she previously supported).
has been convenienT, it is not racticai for the current environment as
the City has been mandated by A~939 to reduce waste.
Councilmember Anderson states she would like to see wood waste as a pick
up in the future and reports the fencing material along the Corridor will
be picked up by Green Valley at no cost to'residents. She urges that
residents be notified in a timely manner. Mr. Peacock stated that
discussion is underway with Caltrans regarding a specific
date.
Councilmember Anderson supported 0 tion B because State compliance must
ultimately be met. She sees no otRer alternative than the variable can
rate.
Councilmember Monia supported Option B. He believes it is important to
know that the increase ~s based on implementation of the hazardous waste
pick up and yard waste recycling. He believes the increase is not out of
proportion.
Mayor Kohler reported that the consensus among the Council is for Option
B. He invites the public to attend the next meeting to further comment.
Mayor Kohler declared a recess at 9:50 p.m. Upon reconvening at 10:00
p.m. the same Councilmembers and staff were present.
5. I/tLITTENCOHNIINICATIONS
1) Ray Froess re: Soliciting Ordinance and Report from
Assistant to the City Manager
Mr. Peacock referred to a letter from Mr. Ray Froess in which he
su gested Council consider changin some Of'the rovisions in the
so~lcitation ordinance. A memoranaum from Mrs. aarolyn King, Assistant
to the City Mana er~ is referred to describing similar changes made by
other cities. S~e ~ndicated the problem is one of enforcement. Mr.
Peacock stated that although he believes it may be a good move, concern
has been raised in the past by the business community. He stated the
ordinance should be amended so solicitation, while continuing to be legal
in the City, is also regulated as to how it is to be conducted.
THERE IS CONSENSUS TO REOUBST THE CITY MANAGERTO AMEND THE ORDINANCE TO
DEFINE ACCEPT/LBLE FORMS OF SOLICITATION. Passed 5-0.
City Council Minutes 6 July 3, 1991
2) Ben Strong, President, Saratoga Community Access Cable TV
Foundation, re uestin establishment of trust account for
investment of ~iquid ~unds.
Hr. Peacock reported that Councilmember Honia and he have partici ated in
discussions regarding this issue. The foundation has requested teat
rather than keep their funds in commercial banks and CDs, the City acce t
the funds in trust and invest them to increase the rate of return for tee
foundation. He states it is ossible through a aim le trust agreement
which can be drawn up b the ~ity Attorney. Councilmember Honla reports
there viii be very htt~e administrative cost to the City and KSAR will
be able to enjoy an additional 1.5I return on their investments.
NONIA/STUTZMAN MOVED APPROVAL TO INSTRUCT STAFF TO PREPARE A TRUST
AGREENENT BETI/~RN THE CITY OF SARATOGA AND KSAR. Passed 5-0.
3) Memo from Heritage Preservation Commission requesting
designation of Saratoga Avenue as Heritage Lane
Hr. Peacock reiterates the Planning Commissioh's concerns with making
such a designation in the absence of a completed circulation element
the General Plan which would identify otential Heritage Lane locations
throughout the city. Council previously agreed not to go for~a~ until
that eleme t was completed.
Hr. Gene Zambetti, former Chairperson of the Heritage Preservation
Commission, reports that the approved rocess to gather residents'
signatures along Saratoga Avenue from Fruitvale to the Village, in order
.to etition for Saratoga Avenue as a designated Heritage Lanez was begun
on ~une 8, 1989. He reports it has been stalled at the Planning
Hearing on the matter since all requirements have been met and he
indicates there is no relationship to circulation of traffic.
Mr. Willis Peck, member of the Heritage Preservation Committee,h
referred to his memorandum to Council and states that every effort sou d
be made at the City level to keep the character of Saratoga Avenue what
it is today.
In response to Councilmember Monia'squestion as to why there is such
urgency for this Avenue and not other roads, Mr. Peck reports that
Saratoga Avenue is the only road where there has been an effort made to
ather necessary signatures. His personal concern is to keep Saratoga
~venue from becoming a ~-lane entrance to the City. He also points out
his concern regarding soundwalls in that area.
Councilmember Monia believes the procedure should be conducted in an
all-encom assing basis rather than a street by street basis.
reports tee Planning Commission took to-active ste s to deal vlth the
immediate concerns of changes to the ~haracter of teat street while the
circulation element is being completed.
Larr Fine 1~0~5 Saratoga Avenue, re o~ts the ~etition was submitted to
the ~ity it months ago, was approved Ey the Heritage Commission and is
stalled at the Plann~n Commission. He points out that even if it is
designated a Heritage ~ane, it could be widened in the future if it
becomes necessary. Because all the requirements have been met, and the
studies have been done, he cannot understand why the process is stalled.
~ark Ebner, 1~5~ Saratoga Avenue, reiterated that the time since the
inception of the pro'ect will be two years in August. Every criteria has
been met and over ~0~ of the si natures have been gathered. He does not
understand what the delay is an~ believes the designation for Saratoga
Avenue should be handled by itself..
Councilmember Cleven er su geared that a Public Hearing be set as there
is no basis to turn ~own t~ls request and it is not fair to stall the
process.
Councilme~be~ Anderson ex teases her concern regarding ~hat could be
proble~ ~ith the sound~al~s on Saratoga Avenue and encourages that the
process continue.
CLEVRNGER/ANDERSON ~OVED TO DIRRCT STAFF TO PRRPARR A DRAFT ORDINANCE
SRT A PUBLIC ~R~NG FOR AUGUST J, TO DETERMINE IP SARATOGA AVENUR SHOULD
BE DESIGNATED A m~.RITAGE LANE. Passed 5-0.
City Council Minutes 7 July 3, 1991
4) Memo from Heritage Preservation Commission concerninglist
of ro osed street names
ovED Accs cs oF uco ano oF
PRESERVATION CONHISSION ON I~BNAKENG OF SI~R~TS.
Mayor Kohler discussed the importance to acknovledge those enlisted men
on ~e U.' . S. Saratoga or from the City of Sarato a, vho were kille~
in tee war, ~ naming streets for them. He specifically speaks of
Lieutenant~excher from the vat in Saudi Arabxa.
Councilmember Anderson reports the Commanding Officer of the
Saratoga requested that nothing be done for six months to a year~
relative to having a street named for the Lieutenant, because his status
is listed as Missxng In Action. She stated Council should not impose any
name on any neighborhood and believes the request should come from the
h
neig borhoods.
Councilmember Clevenger vithdravs the above-stated motion.
MONIA/ANDERSON HOVEDTOADDTHBNAHE OF ~P~iCHE~TOTHE LIST OF PROPOSED
STREET NAMES EFFECTIVBAS OF 3ANUARY, 1992. Passed 5-0.
6. OLD BUSINESS
A. Congestion N~gement Agency
1) Resolution 91-56 approvi Congestion Management Agency
Joint Povers _Agreement -n~etter dated June 1~ from CHA
Chair Dianne N~.Kenna
Mr. Peacock refers to the attached letter from CMA which responds to the
concerns raised by the City of Saratoga. As directed by Council the
item is placed on the ager~a since the response has been receive~.
In-.response to Councilmember Monia, Mr. Peacock reported that the way the
document is written, there is no non-compliance if the City of Saratoga
chooses not to sign the agreement to join the Agency. However, the C~ty
is obligated b~ Proposition 111 to have a Congestion Management Plan,
coordinated an~ consistent vith the Countyvide Plan. The level of work
to have that go forward remains the responsibility of this City. By far,
the most cost effective ray for the City ~ould be ~o join the A enc .
There is no ray the City can accomplish all the tasks re uired ~y t~e
October 1991 deadline and do it for less money than the ~NA assessment.
Councilmember Stutzman expresses concern regarding boy much control the
C~A will have over land use in Saratoga and concern regarding Section 18
of the A reement. He stated his opinion that the amount of money the
City wou~d spend on its o~n to keep the Cit~ in com 1lance might be less
costly than vhat it could be if the City joins the ~MA and for some
reason vithdraws in the future.
Councilmember Anderson reports she vas on the formation committee of the
agency and that the function of the CMA is to revie~ planned pro'ects,
not impose pro'ects on the cities. The function of Saratoga ~ou~d be to
participate vi~h other cities in revieving projects.
Per Mr. Peacock's suggestion there is consensus to have staff set up a
york session ~ith the other ~est Valle~ cities and Campbell Councilman
3ohn Ashworth this City~s representative, to have him detail the status
of the draft &MP and boy it speaks to the issues of land use managemen~
and congestion management. A copy of the Plan is available in Mr.
Peacock s office.
Mayor Kohler expresses concern that the Ci Saratoga has only
vote. Councilmember Anderson stated that ~i~£is a population issue and
there is really no way to change that.
2) Assessment for 1990-91 Fiscal Year Services
Councilmembers Clevenger and Anderson poin~ out that the City has been
par~ici ating and have received benefit from C~A. If the City had not
receive~ the benefit it would have had to pay more to have the york done
independently. ~r. Peacock referred to his memorandum ~o Council
reiterating the specific benefits Saratoga has received from the C~A.
Saratoga d~d agree to the initial start up fees. The City Council voted
for the formation of the Agenc. Responding to Councilmember ~onla, ~r.
Riback verifies that ayment o~ the initial fee does not imply tha~ the
City has joined the C~.
City Council Minutes 8 July 3, 1991
of
Staff recommends ap roval the Resolution. Me stated the importance of
the Plan and su eased the Council consider requesting a study session
with Mr. Ashvor[~ and the West Valley cities. There xs consensus among
the Council to do so.
CLEVENGERJANDERSON MOVED TO PAY THE FIRST YEAR ASSESSNENT OF $11,606 TO
THE CNA. Passed 5-0.
B. Amendments to the Zoning Ordinance concerning noise
provisions with the associated Negative Declaration
re~ding and adoption) and recommandatioas re~arding
Uolse Issues
Mr. Peacock referred to the bottom of Page 4 and top of Page 5 of the
revised Ordinance which - reflects the changes requested by Council
regarding the allowable txmes for use of power garden tools.
Councilmember Anderson states she does not remember agreeing to the hours
of 8:00 a.m. and ~:00 for power tool use. She explains that some
residents arrive home ~ d' ficult
and
find it to
would do their
gardening by 7:00 p.m. She also believes there wouldbe a problem with
enforcement and requests that the hour be extended to 8:00 p.m. in the
summer time.
Gene Zambetti, 1~510 Big Basin Way,
7-30.050G and stated it would be an ~{~aages concern with Section
hardship to be within the
noise ordinance and have to have extended expensive process of screening
mechanical and exhaust fans. He suggests that if it is a design review
problem it should be in the design review ordinance or taken up under use
permit procedure.
Jeffrey 0'Neal, 152 North Third Street, 400, San Jose, a member of the
law firm of Rankin-0'Neal-Center-Luckharat and Lund, representing many of
the residents surrounding Villa Montalvo stated the resident's
objections to the ordinance. Specifically, it is very vague as to its
application to the Montalvo area and does not include provisions for
9mplified sound. Me stated residents believe the ordinance would
xncrease the DB level for operations at Villa Montalvo thereby disturbing
the quiet enjoyment of surrounding residents.
He s oke of enforcement problems of the statute as it currently exists
and Moes not believe there would be enforcement of the ordinance proposed
tonight.
Councilmember Stutzman asked what Mr. 0'Neal based his contention that
the
Sheriff's tment and the City is not enforcing the ordinance.
Mr. ' eal rep v
0 N se eral instances which were documented where there
was no action take to enforce the ordinance.
Councilmembers Stutzman and Monia reported they have not received any
complaints regarding noise problems in the area.
Mr. Riback stated that regarding specific performances at Montalvo, the
Agreement will apply.
Re arding Mr. Zambetti's concern, Mr. Peacock suggests there be an
addition to the ordinance to cover the amortization period for the
exhaust fan retrofit; two years.
Wolfe Andre Wa~nKa, 15486 Madrone Hill Road, referred to Page 4, Section
7-30-050a, and requested clarification from the City Attorney of how the
ambient noise level at the location would be determxned. Mr. Emslie
reported that the ambient level would vary from neighborhood to
neighborhood. Mr. Wanka reported on various times which he has
complained of the noise level at Villa Montalvo and the officers did not
have a meter and refused to take a noise.reading. Mayor Kohler asked Mr.
Wanka to give his information to staff.
Councilmember Monia stated he hopes staff will report back to Council to
give reasons why the Sheriff's Department and the CSO were not prepared
to take readings.
FOLLOWING DISCUSSION MONIA/CLEVENGER MOVED TO ADOPT ORDINANCE 71-92WITH
THE AMENDMENTS TO T~. TIME FOR USE OF POWER GARDEN TOOLS TO BE 7:00 P.M.
TO 9:00 P.M. THAT A SECTION BE ADDED TO 7-30,070 TO SEPARATE ER~UST
EQUIPMENT, ~qD THAT A CLAUSE BE ADDED TO ALLOW 2-YEARS AMORTIZATION
PERIOD TO COMPLY WITH RETROFIT OF ER~&UST FANS. Passed 5-0.
City Council Minutes 9 July 3, 1991
7. NEIIBUSINESS
A. Seismic Retrofit for Various Civic Center Buildings
CLEVENGER/ANDERSON MOVEDAPPROVAL OF STAFF RBCONNENDATION. Passed 5-0.
B. Cable TV Franchise Reneval - Initiation of Negotiations
CLEVENGEP~NONIANOVEI) STAFF RECONNENDATiON. Passed 5-0.
C. Amendment to City Code Concerning Informal Bidding
Procedures
MONIA/STUTZMANNOVEDTO CONTINUE THE ITEN TOTHENEXT NI1ETING. Passed
D. Quimby Act. Reappraisal
CLEVENGER/MONIAHOVEDTOADOPTKESOLUTION 91-50.1 REVISING FEES. Passed
5-0.
E. Memo AuthorxzxngPublicit for Upcoming Hearings - Emami
Appeal~ ~est Appeall Tai Xppeal
CLEVENGER/ANDERSON M0VEDTO AUTHORIZE PUBLICITYAS RECOHNENDED, INCLUDING
THE PARKS AND T~ATLS MASTER PLAN FORTHENEXTNE~rING. Passed 5-0.
F. Replacement of riparla lands in Saratoga displaced by the
Route-85 Freeray. Reviev of supplemental envxronmental
documents.
Mr. Peacock reported the documents vere received and do not address any
of the freeway corridor through Saratoga. There was no opportunity for
the City to review the applications for riparian restoration.
Cheriel Jensen, 13737 Quito Road, re orted that when the EIR/EIS for
Highway 85'was adopted~ there was nothing in that document relatin to
flooding and value of the habitat on any of the creeks. She re orbed
that is illegal and encourages Council to request the opportunity to
review the project. Subsequently a supplemental Environmental Impact
Report wii1 be required.
Councilmember Anderson requests that Mr. Riback review the options and '
report back to Council on Jul~ 17. Ms. Jensen advises that the final
decision wiii be made next ~eanesday (the deadline for comments on the
404 application). She states a letter must be sent to the Arm Cot s of
Engineers before that time. Mr. Peacock states that letter vi~l indicate
that the Cit did not have the opportunity to review the applications and
would like t~e 30 days comment period.
G. Site Master Planning and Schematic Design for a new Meeting
Room - Civic Center
CONSENSUS TO CONTINUE THIS ITEM TO THE NE.~ HEETING.
H. Memorandum of Understanding vith Saratoga Employees
Association
CLEVENGER/ANDERSONM0VED TO ADOPTRESOLUTION 85.9-89. Passed 5-0.
I. Ordinance amendin various sections of the Cit Code
ertaining to par~ing - Big Basin gay betveen ~th and 5th
Etreets
MONIA/STUTZHAN MOVED TO CONTINUE THIS ITEH TO THE NEXT HEETING. Passed
5-0.
J. Proposed Construction on State Highway 9-from Route 85 to
~est of Los Gatos Creek Bridge in Santa Clara County and LoS
Gatos, Monte Sereno~ and Saratoga
Mr. Peacock re uests Council consider a draft letter to the State
Department of ~ransportation~ distributed this evening. This matter came
u subsequent to the posting of the Agenda and is urgent. He requests
t~e item be placed on the Agenda.
CLEVENGER/NONIA MOVED TO ADD THIS ITEM TO THE AGENDA. Passed 5-0.
City Council Minutes 10 July 3, 1991
Mr. Peacock reported the Department of Transportation has indicated th y
will make certain im rovemenls tZ the roadway. The median is schedulea
to be reduced in width by as much as 15 feet and a ~uardrail placed on
one or both sides of the med an. Staff re uested authorization to send
the draft letter to the De artme t request~n that they review the
ro osed construction and ~elete the unwante~ chanSes to this portion of
flig~way 9,
A. _AZenda items for Joint meetin~ with Chamber of Commerce on
July 9
CONSENSUS TO APPROVE STAPF RECONMENDATION TO SRI~KNEV MRRTING DATE
B. Reports from Individual Councilmembers
Cleven er-- reports that on July 24. at 9:45 a.m., the exchan e. studen~s.
from t~e Sa ato a's sister city ilt be at City Hall for weTcome. She
requests Ma or [ohhr and Council's presence.a
Cleven er - reports the potluck dinner for the exchange students is
scheduled to be held July 28 at Civic Center. She requests the presence
of Council.
Clevenger - The Sanitation District has gone to bid to authorize sewer to
28 new homes in the Westbrook area.
The date for the Hillside Investigative Report Committee meetinE is
rescheduled for August 6.' Staff~onotify Committee and others involved.
Clevenger - refers to a newspaper article regarding the Palo Alto
skateboard park.
Monia - discusses a periodical report from the Nelson [cuadatim
Anderson - Two copies of the CMP for Los Angeles which is very simply
done, is available. She will give a copy to stair to review.
Mayor Kohler adjourned the meeting at 12:15 to item 10.
10. CLOSED SESSION on pendinZ liti~ation on ille ' clearinZ
and tree remova/on Cocciardi/Chadvick development, ~
11. ADJO~
Respectfully submitted,
Victoria R. Lindeman
Minutes Clerk