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HomeMy WebLinkAbout03-04-1992 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, March 4, 1992 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting 1. ROLL CALL Councilmembers Present: Anderson, Clevenger, Monia, Stutzman, Mayor Kohler Staff Present: City Manager Peacock, City Engineer Perlin, City Attorney Riback. 2. CEREMONIAL ITEMS A. Resolution appointing Johnson and reappointing Dawson and Dowdy to the Public Safety Commission and Hilton to the Finance Committee CLEVENGER/MONIA MOVED TO APPROVE RESOLUTION 92-011. PASSED 5-0 B. Administration of Oath of Office to the above 3. ROUTINE MATTERE A. Approval of Minutes - 2/19; 2/22; 2/25 CLEVENGER/ANDER~ON MOVED TO APPROVE THE MINUTES OF 2/19, AS PRESENTED. PASSED 5-0. CLEVENGER/ANDERSON MOVED TO APPROVE THE MINUTES OF 2/22, AS PRESENTED. PASSED 5-0. ANDERSON/CLEVENGER MOVED TO APPROVE THE MINUTES OF 2/25, AS PRESENTED. PASSED 5-0. B. Approval of Warrant List MONIA/CLEVENGER MOVED TO APPROVE THE WARRPa~T LIST. PASSED 5-0. C. Report of City Clerk on Posting of Agenda city Manager Peacock stated pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on February 28. 4. CONSENT CALENDAR B. Librar~ Commission Action Minutes, 12/18 - Note and file. C. Ordinance NS3-ZC-99 rezoning portions of parcels from R- 1-40,000 to NEH in connection with a lot line adjustment at 14684 Pike Road and 20700 saratoga Hills Road (Applicant, Head/Allison) (APN 503--30-047, 503--29-012) AZO91-004) (second reading and adoption) D. Resolutions 85-9.90 and 85-9.91 relating to Management Employee compensation and Benefits E. Resolutlon 92-012 Commending StanEisner, Interim Plannlng Director Councilmember Anderson requested the removal of item 4a from the Consent Calendar. CLEVENGER/MONIA MOVED TO APPROVE THE CONSENT CALENDAR WITH THE EXCEPTION OF ITEM 4a. PASSED 5-0. A. Plannlng Commission Actions, 2/26 - Note and file. Councilmember Anderson expressed concern regarding the attendance of Planning Commissioners at Planning Commission Meetings. She read from the Planning Commission Handbook regarding this issue. Councilmember C~ty Council H~nutes 2 March 4, 1992 Anderson encouraged the Mayor to talk to the Commissioners regarding this issue. She feels the full attendance of the Commission is necessary when making decisions. COuncilmember Monia suggested that Mayor Kohler talk to the Chairperson of the~Planning Commission to find out if there are any problems. C0uncilmember Clevenger suggested that each of the Planning Commissioners receive a copy of the rules Councilmember Anderson read from. Mayor Kohler stated he will look into this matter and report back. ANDERSON/MONIA MOVED APPROVAL OF ITEM 4a. PASSED S-0. 5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS Ms. Alexander reported on the illegal grading she discussed at the last City Council meeting. She expressed concern regarding this and noted that the dirt has not been compacted, therefore will come down if there is heavy rainfall. Councilmember Stutzman reaffirmed Ms. Alexander's concerns noting that drainage is going down into the ravine. He feels the project iS not being properly monitored and Ms. Alexander~s concerns should be addressed. He also expressed concern regarding landscaping with regards to obscuring the view. Mr. Perlin stated there has been no violations of City Ordinances and will summarize his observations in written form. Councilmember Monia asked that Ms. Alexander receive a copy of the report from the City Engineer. In response' to Councilmember Stutzman~s concerns regarding the compaction, Mr. Perlin noted this involves a small area and does not feel it is a problem. He noted erosion control measures have been put into place. Ms. Alexander stated that there is a problem with drainage and this has not been addressed. Mr. Perlin stated that less drainage goes toward the ravine than before the house was built. He noted the natural drainage is down toward the ravine. B. WRITTEN COMMUNICATIONS 1) William T. Brooks, requesting trail maintenance day. Mr. Brooks, 20230 Mary, addressed his letter noting the date should be Saturday, April 4. Me encouraged support from the City Council. Councilmember Clevenger spoke in support of the request and noted the City Council should endorse this activity and give recognition to the Pony Club members who are willing to maintain the trails. Councilmember Anderson concurred. City Manager Peacock asked the Pony Club Members to register with the volunteer office. CLEVENGER/ANDERSON MOVED TO ENDORSE THIS PROJECT ON APRIL 4, 1992 AND COMMEND THE VOLUNTEERS. PASSED 5-0. 6. OLD BUSINESS A. Reschedullng of Joint Meeting with Saratoga School Board: Monday, April 20 or Thursday, April 23 It was a consensus of the Council to meet on April 20, 1992. City Council Minutes 3 March 4, 1992 B. Civic Center Improvements - Capital Project No. 956 - Project Financial Review Staff recommend: 1) Adopt budget adjustment resolution transferring $34,480 from General Fund Reserves to Capital Project No. 956~ 2) Authorize staff to execute an additional $139,891 in change orders to the Construction Contract with Swenson and Associates. City Engineer Perlin went through the expenses as outlined in the staff report. City Manager Peacock explained that the $214,000 includes construction costs only. Councilmember Anderson stated there has not been a final decision on the skateboard ramp and the money allocated to this should be separated from the costs of this project. She feels it would more accurately reflect the budget deficit. Mr. Perlin stated it appears that the skateboard ramp will not be built in the time frame of this project and staff is suggesting that the skateboard ramp be separated from the Civic Center improvement projects and when the time comes to build the skateboard ramp then the City will budget for this. Councilmember Monia asked about the contingencies. Mr. Perlin stated the contingencies requested are included in the $214,000. He noted all the money may not be used, but should be set aside to use if necessary. He noted the contingencies are outlined in the staff report. Councilmember Anderson stated the public need to know how the money is spent. Additional expenses which the City did not anticipate should be outlined. In response to Councilmember Anderson~s question, Mr. Perlin stated the roofing material will be the same for the existing and new buildings. Councilmember Stutzman stated that the additional funds requested are not excessive for such a project. He stated they need to fund the completion of the project. He stated the Council should approve this and the funds for the skateboard ramp should be separated. Councilmember Clevenger concurred. Councilmember Monia expressed concern regarding the contingencies and additional costs in the future. ANDERSON/CLEVENGER MOVED TOAD OpT BUDGET ADJUSTMENT RESOLUTION 91-46.6 TRANSFERRING $79;480 FROM GENERAL FUND RESERVE TO CAPITAL PROJECT 956 IN ORDER TO COMPLETE THE BUILDING. PAS8ED 5-0. ANDEREON/CLEVENGER MOVED TO AUTHORIZE 8TAFF TO EXECUTE AN ADDITIONAL $139,891 IN CHANGE ORDERSTO THE CONSTRUCTION CONTRACT WITH 8WENSONAND RESOCIATES. PAS8ED 5-0. Mayor Kohler stated it is necessary to complete the project and a ramp is needed to comply with the Americans with Disabilities Act. 7. NEW BUSINESS A. Ordinance amending Article 4-30 of City Code relating to Sale of Firearms (first reading and introduction) Staff recommend introducing the ordinance by title only, waiving further reading, amending Code to comply with the amendments to Penal Code Section 12070 and 12071 which became effective on January 1, 1991. City Attorney Riback stated the changes to the ordinance are necessary to be in compliance with State Law. MONIA/ANDERSON MOVED TO INTRODUCE THE ORDINANCE AMENDING ARTICLE 4-30 OF THE CITY CODE BY TITLE ONLYt WAIVING FURTHER READING. PASSED 5-0 C~t~ Council Ninutss 4 aarch 4, 1992 M~yor Kohler moved to the public hearings at this time. PUBLIC HEARING8 - 8:30 p.m. A. Appeal of denial of site modification approval to allow the neighborhood residents to construct and maintain a. private entrance gate within the NcBain and Gibbs subdivision/Hl!R Bone district in the vicinity of Tollgate Rd./Quail Ridge Ct. and Deersprings Ct. (Appellant/applicant, McCormick etal.) (SM91-008) Staff recommend approving the applicant*s request to continue hearing to April 15. MONIA/STUTZMANMOVED TO CONTINUE THIS ITEM TO APRIL 15. PASSED 5-0. B. Ordina~ce making miscellaneous amendments to the Zoning and Building Regulations concerning subdivisions of sites, design review, impervious coverage, setbacks and grading in the residential and agricultural districts, with the associated environmental Negative Declaration (first reading and introduction) City Manager Peacock stated the Planning Commission did not review the corrections to the Ordinance and have requested the opportunity to review these changes before approval. Mr. Peacock suggested that this be continued to givethe Planning Commission adequate time to look over the changes. Mayor Kohler noted he had a call from the Chairperson of the Planning Commission requesting a continuance. Mayor Kohler opened the public hearing at 8:33 p.m. There was no testimony. The hearing was continued open until April 1, 1992, at 8:00 p.m. Councilmember Monia stated the title on the Planning Commission agenda did not reflect what was discussed and asked the City Manager to look into this. C. Trip Reduction Ordinance - congestion Management Agency Staff recommended introducing the ordinance establishing a Trip Reduction Program for the City of Saratoga by title only, waiving further reading. City Manager Peacock stated this is a hearing on Trip Reduction Ordinance proposal by the Congestion Management Agency (CMA) of Santa Clara County. Mr. Peacock reiterated comments from his memo dated March 4, 1992. He noted they did receive written communication from Wolf-Andre~ Wanka. City Attorney Riback reviewed the changes as outlined in the staff report. In response to Mayor Kohler~s question, Mr. Riback stated these changes are being made by the City of Saratoga only. City Manager Peacock stated other Cities are reviewing the Ordinance to make changes. He stated if a program is put together and approved by CMA, but the employer does not meet the.goals, the plan then has to be modified. Mayor Kohler opened the public hearing at 8:42 p.m. There was no testimony. Councilmember Clevenger addressed Mr. Wankats letter noting it is important to look ahead. Mayor Kohler closed the public hearing at 8:44 p.m. CLEVENGER/ANDERSON MOVED TO INTRODUCE THE TDM ORDINANCE BY TITLE ONLY, WAIVING FURTHER READING, WITH THE CHANGES AS OUTLINED BY THE CITY ATTORNEY. PASSED 5-0. Cit~ Council M~nutes 5 March 4, X992 MONIA/aTUTZMAN MOVED TO APPROVE A NEGATIVE DECLARATION. PASSED 5-0. ANDERSON/CLEVENGER MOVED TO ADOPT RESOLUTION 92-013 AUTHORIZING SANTA CLARA COUNTY CONGESTION MANAGEMENT AGENCY TO ADMINISTER THE TDM ORDINANCE. PASSED 5-0. ANDERSON/CLEVENGER MOVED TO ADOPT REBOLUTION 92-014 DESIGNATING THE SANTA CLARA COUNTY CONGE8TION MANAGEMENT AGENCY AS THE AGENCY AUTHORIZED TO RECEIVE AB 434 REVENUES. PA~aED 5-0. Councilmember Anderson stated that they cannot require a plan from schools with regards to the number of students, but asked if this could be adopted as part of the Clean Air Act. City Manager Peacock stated that under Proposition 111 educational institutions are not mandated and feels it would depend on the success of the current Trip Reduction measures as to whether school trips would be added at a future date. Councilmember Anderson suggested that Councilmember Clevenger address this at the Bay Area Air Quality meeting, as it is an increasing problem. Councilmember Clevenger stated she would be willing to do this and noted that tier 2 and 3 require additional legislation from the State in order to implement, and they are working on this. 7. B. Selection of Facilitator for Council Teambuildlng Training Staff recommend that the City Council: 1) Select consultant; 2) Pick training date for first session. City Manager Peacock stated that both individuals are similar in approach and cost. He noted that Mrs. Manning does more of this work locally. Councilmember Anderson noted she has talked to several councilmembers that Mrs Manning worked for, who recommended that Mrs. Manning be informed that this will be a public setting. City Manager Peacock noted he did advise Mrs. Manning that this will be a public setting. In response to Councilmembers' questions Mr. Riback stated it is his recommendation to have a public setting. He explained that if the City Council and another legislative body meet they have to make it public. Councilmember Monia stated he has no objections to a public setting. Mayor Kohler stated he has no objections to a public setting outside the Council meetings. Councilmember Monia suggested selecting Mrs Manning, with the date to be April 27th. Councilmember Stutzman stated this selection should take place after July 1, 1992, when the Council elections have taken place. Councilmember Clevenger concurred. MONIA/STUTZMANMOVED TO TASLETHI8 ITEM TO THE FIRST MEETING IN AUGUST. PASSED. 5-0. C. Memo Authorizing Publicity for Upcoming Hearings - Persico Appeal~ Gardanier Appeal CLEVENGER/ANDERSON MOVED TO APPROVE STAFF RECOMMENDATION. PASSED 5- . city Manager Peacock requested an additional item be added to New Business at this time, regarding the bridge on Pierce Rd. He noted after an inspection by the State they found that the bridge is in C~ty Council Minutes 6 March 4, 1992 d~nger of failing. He noted the bridge is closed at this time. CLEVENGER/ANDERSON MOVED TO PLACE THIS ON THE AGENDA AS AN EMERGENCY ITEM. PASSED 5-0. City Manager Peacock stated the replacement of the bridge construction is project 953 in the Capital Improvements Program. He noted they have- already budgeted to replace this bridge, but after consulting with the City Engineer they need to move rapidly to replace the bridge. He s~ated that, because this is an emergency situation, there is not time to go through the normal selection process and recommended that the City Council authorize staff to retain Mesiti-Miller to work on the design of the bridge. City Engineer Perlin explained the problem with the bridge and the reason for the reconstruction. In response to Councilmember Moniats question, Mr. Perlin stated if this is approved at this meeting to expedite the design of the bridge it would take approximately 5 to 7 months to complete the project. He noted they will discuss the design agreement with Mesiti-Miller and report back to the City Council at the next meeting. Mayor Kohler expressed concern about diverting traffic and would like to see that the traffic is directed properly with adequate signs. He noted it is important to minimize the time to reconstruct the bridge. MONIA/CLEVENGER MOVED TOAUTHORIZE STAFF TOCOMMENCENE~OTIATION8 WITH MESITI-MILLER FOR THE PURPOSE OF DESIGNING THE BRIDGE. PASSED 5-0. MONIA/CLEVENGER MOVED TO AMEND THE MOTION TO WAIVE THE NORMAL POLICY OF THE BIDDING PROCESS. PASSED 5-0. 9. CITY COUNCIL ITEMS A. Agenda items for' joint meeting with Public Safety Commission March 10 1) 1991 Review 2) Vandalism against City officials 3) Charter review 4) Commission Outreach 5) Emergency Preparedness 6) Public Safety Issues Councilmember Anderson requested adding: 1) Neighborhood watch, 2) Vandalism - City Wide. B. Reports from Individual Councilmembers Mayor Kohler noted he attended the San Jose City Council Meeting regarding garbage. San Jose want to increase $10 per ton for the Landfill. He stated the Cities outside San Jose will have to pay for this and not San Jose residents. This would mean $1 more per can, per month for Saratoga residents. Councilmember Anderson stated that San Jose residents should also have to pay for this. Mayor Kohler stated that San Jose is determined to do this and the cities should protest. He noted they should get together with the other cities. Councilmember Stutzman asked whether this would be dropped if the Stadium is not approved. Councilmember Monia stated San Jose have a shortfall in the budget and feels this will go through regardless of the stadium. City Council Minutes 7 March 4, 1992 City Manager Peacock stated he did talk with staff at San Jose and they are still reviewing this, but that the City of Saratoga should take some action against this. Mayor Kohler noted he will address this issue at the Mayors meeting. Councilmember Anderson suggested sending a letter protesting to the. proposal stating it is unfair to residents of the smaller cities. There was a consensus to write the letter as suggested by Councilmember Anderson. Councilmember Anderson reported on the Growth Management Meeting. Bay Vision 2020 was discussed as well as other plans coming forward. She stated there is no enthusiasm for Bay Vision 2020 except with the large cities. She noted San Jose would have control of the votes and does not think the small cities will have an impact. She noted the Governor does not have a plan. Councilmember Clevenger stated that Senator Morgan is pushing for this program and suggested a letter to Senator Morgan be sent by the Mayor. Councilmember Anderson stated she will be meeting with the President of the Bay Area Council and will try to impress him with the small cities concerns. Councilmember Anderson reported on the Transportation Commission. City Manager Peacock informed the Council that he had been notified that the County wished to begin negotiations on renewal of the sheriff's law enforcement contract which expires on June 30, 1992. He asked for and received permission to begin negotiations but to also seek interest from another city to provide law enforcement services. 10. ADJOURNMENT The meeting adjourned at 9:30 p.m. to a closed session. CLEVENGER/ANDERSON MOVED TO STARTTHE MEETING ON MARCH 10, 1992 AT 8:00 P.M. PASSED 5-0. 11. CLOSED SESSION on pending litigation on illegal grading, clearing and tree removal on Cocciardi/Chadwick development, Tr. 7770. Respectfully submitted, Catherine Robillard Minutes Clerk