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HomeMy WebLinkAbout06-03-1992 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, June 3, 1992 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting 7:00 - Interviews with Finance Committee Applicants Council Office Mayor Kohler congratulated Karen Tucker and Ann Marie Burger on their election to the City Council. In response to Councilmember Anderson's question, regarding the administration of the oath of office. Mr. Peacock stated they are waiting on notice from the Registrar of Voters. 1. ROLL CALL Councilmembers Present: Anderson, Clevenger, Monia, Stutzman, Mayor Kohler. Staff Present: City Manager Peacock, City Attorney Riback, City Engineer Perlin, Planning Director Curtis. Councilmember Anderson requested June 30, 1992 for the administration of the oath of office. 2. CEREMONIAL ITEMS - None. 3. ROUTINE MATTERS A. Approval of Minutes - 5/20; 5/26; 5/28 Mayor Kohler requested the following change in the Minutes of 5/20: Page 8, 'last Paragraph should read "Mayor Kohler expressed concern about the safety issue. He also feels the increase in the number of children at the child care facility will change the character of the neighborhood." CLEVENGER/ANDERSON MOVED TO APPROVE THE MINUTES OF 5/20, AS AMENDED. PASSED 5-0. CLEVENGER/MONIA MOVED TO APPROVE THE MINUTES OF 5/26, AS PRESENTED. PASSED 5-0. CLEVENGER/ANDERSON MOVED TO APPROVE THE MINUTES OF 5/28, AS PRESENTED. PASSED 5-0. B. Approval of Warrant List MONIA/ANDERSON MOVED TO APPROVE THE WARRANT 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 May 29. 4. CONSENT CALENDAR These items will be acted upon in one motion unless they are removed from the Consent Calendar for discussion by Councilmembers or any interested party. A. Planning Commission Actions, 5/27 - Noted and filed. B. Finance Advisory Committee Minutes, 5/14 - Noted and filed. C. Library Commission Action Minutes, 4/22 - Noted and filed. D. Resolution 92-033 denying Fathali Appeal heard 5/20 City Council Minutes 2 June 3, 1992 E. Resolution 92-034 denying Kinnier Appeal heard 5/20 F. Approval of Access Restriction on Bohlman Rd. and Parker RanchArea (Hazardous FireAreas) on July 4 from 6 p.m. to 11 p.m. and Authorization for City Coverage of Cost of Reserves forBohlman Road G. Ordinance relocating the parking ratio requirements for City Parking Districts from Section 15-19.050 (k) to Section 15.35.035 (second reading and adoption) H. Resolution 91-46.11 adjusting budget to provide funds in the amount of $116,700 for Wildwood Park Bridge contract awarded May 20 I. Resolution 92-035 approving a Revised Risk Coverage Agreement for ABAG Plan Corporation ANDERSON/STUTZMAN MOVED TO APPROVE THE CONSENT CALENDAR. PASSED 5-0. CONSENT CALENDAR II - Claims A. Claim of Vergara in connection with tree from Wildwood Park which fell on automobile B. Claim of Harris in connection with tree from'WildwoodPark which fell on automobile CLEVENGER/ANDERSON MOVED TO REFER THE ABOVE CLAIMS TO THE CITY MANAGER FOR SETTLEMENT. PASSED 5-0. 5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS Mr. Marvin Backer, 12120 Mellowood Dr., addressed the issue of high school students and the Sheriff's Department. He stated the Sheriff's Deputies should be firm with the high school students to prevent any serious accidents. Mr. James Ousley, 20707 Seaton, presented a petition to the Council with regards to the freeway at the Vineyard Complex. Mr. Ousley read the petition to the Council. He noted there are safety and noise issues. He stated the residents are requesting a sound wall from sound wall #2 to the Vineyard entrance. Mr. Ousley noted that both items on the petition were discussed with City staff. He stated that the residents of Vineyard want the full support of the Council in assuring that the mitigation be completed. Mr. Ousley introduced the president of the Vineyard Homeowners Association. Councilmember Clevenger stated there was no opposition when the sound wall was proposed along the Vineyard, She noted that she and Councilmember Anderson lobbied to get a higher wall to protect the residents. Mr. Ousley stated he would much rather have the sound wall than the noise. In response to Councilmember Clevenger's question, Mr. Ousley stated the problem with the right turn has only been discovered' recently. He also noted if the sound wall is in place before the grading this will be less expensive. In response to Mayor Kohler's question, Mr. Perlin stated the homeowners did express concern and staff are pursuing this with the Traffic Authority. He noted he will be meeting with the Traffic Authority next week to pursue this matter. Mr. Daniel Plazke, resident, read a letter to the Council, a copy of which was submitted to the Councilmembers. He stated he would like to appeal a decision made by the Planning Commission to replace a tree which he has to remove from his property. He noted he has almost 40 City Council Minutes 3 June 3, 1992 trees on his property and would like to spend the money putting in a watering system as opposed to replacing a tree. In response to Mayor Kohler's question, Mr. Plazke stated the tree which was removed was healthy, but had to be removed because of the expansion of his home. Mayor Kohler stated the City has policies and these must be adhered to. Councilmember Clevenger stated she did talk to Mr. Plazke, prior to the hearing. She stated she does agree with the ordinance, but feels what Mr. Plazke is proposing will be better for the environment. She feels there should be an addition to the ordinance which allows for the improvement of trees. Councilmember Stutzman stated the Council needs more information before making a decision. Councilmember Monia stated the City has a process and this should not be discussed at this time. Councilmember Clevenger stated the ordinance should be reviewed in order to handle problems like Mr. Plazke's. City Manager Peacock stated this must be appealed to the Planning Commission. Mr. Tom Reddick addressed the misuse of the City's fax machine and noted this needs to be addressed. City Manager Peacock stated payment was made for the use of the fax machine. Councilmember Anderson apologized for using the fax machine. Mayor Kohler stated more precise policies are needed with regards to this issue. Mr. Jeff Schwartz, San Marcos Rd., addressed the mailer that was sent out suggesting the Meg Caldwell is a white supremacist. Mr. Williamson stated that Councilmember Anderson, Karen Tucker or Ann Marie Burger should not bear any responsibility for the mailer. Mr. Williamson explained the reasons the mailer was sent out noting that the residents have the right to know about a person running for office. Mayor Kohler stated the mailer does imply racism. Councilmember Stutzman read a letter which he will submit to the Saratoga News. Councilmember Monia gave background information on the American independent Party, noting it is not the same organization of 1968. He expressed concern about Councilmembers getting involved in such mailers. Mayor Kohler stated he has no respect for anyone involved in this mailer. Councilmember Anderson explained the Amefican Independent Party. B. WRITTEN COMMUNICATIONS 1) Terry M. Feinberg, Tri-County Apartment Association, San Jose, requesting opposition to AB 3285 and support of SB 1234 concerning civil rights laws as applied to rental housing. Councilmember Clevenger stated she agrees with the letter, but does not · want to take a position at this time. Councilmember Monia stated it is difficult to support or oppose this City Council Minutes 4 June 3, 1992 unless he had more information. There was a consensus of the Council to send a letter asking for more information before taking a position. 2) Scott Curry, 13067 La Vista Ct., objecting to procedures of Sheriff's Department concerning citation for possession of alcohol by a minor (see letter of reply from Sheriff's Department) MONIA/ANDERSON MOVED TO RECEIVE AND FILE THE LETTER FROM SCOTT CURRY. PASSED 5-0. 6. OLD BUSINESS A. Oral Report from City Engineer on Status of Replacement of Pierce Road Bridge City Engineer Perlin explained the status of the bridge construction. He noted the delay is in receiving the federal funding. He stated the schedule is to have a new bridge in place by October 1992. Mayor Kohler suggested posting the bridge to prohibit large trucks to cross it and open it to other automobiles. In response to. Councilmember Monia's question, City Attorney Riback stated the posting is critical. He stated if it is the determination of the City Engineer that the bridge is safe for automobiles, the City would De protected with regards to liability. Councilmember Monia stated there are many bridges which are posted for a Weight limit. He stated if there is a mechanism to allow traffic to cross the bridge, he would support it. City Engineer Perlin stated he does not feel the bridge is safe even for automobiles. He explained the State requirements to allow the bridge to be used, noting the bridge would have to be monitored 24 hours a day by an engineer. He noted the City has met with Cal-Trans regarding the funding. Mr. Perlin expressed concern about trucks using the bridge even with the posting, Mayor Kohler stated he would like to keep the bridge open to automobiles and asked staff to look into this. Mr. Perlin stated he will pursue this matter and talk to the engineer involved in the designing of the bridge. The Council discussed the possibility of reinforcing the bridge, until such time that federal funding is available. Mr. Perlin stated a new bridge could be in place by the end of the summer, but obtaining the Federal funding is holding up the process. He noted he will look into paying for the bridge out of the General funds and receiving pay back from the Federal Government. Councilmember Clevenger requested that the Council move to item 7C at this time. 7. C. Resolution concurring in the creation of the Santa Clara County Local Transportation Authority pursuant to Public Utilities Code Section 180050 Mr. Peacock informed the Council of the letter received from The Modern Transit Society, a copy of which was submitted to the Councilmembers. Mr. Gary Burke, President, Santa Clara County Manufacturing Group, 5201 Great America Pkwy., explained the Citizens Coalition and gave background information leading to their request. Mr. Burke also' addressed the T2010. Mr. Burke went on to explain the initiative and the criteria which has to be met. He noted an Oversight Committee will City Council Minutes 5 June 3, 1992 over look this project. Mr. Burke stated the expenditure plan has three sections: 1) Mass Transit; 2) Rail; 3) Highway enhancement. He noted that 92% of the funds will go towards transit. In response to Mayor Kohler's question, Mr. Burke stated this will go on the ballot in November 1992. Councilmember Clevenger questioned the reimbursement, Mr. Burke stated that cities donated land to build the current measure A project and this money will be used to pay back for the value of the land. Councilmember Anderson stated the money from the proposed stadium station can be made available and would like the rail to go as far as Rainbow. She noted Vasona will also be a benefit to the residents of Saratoga and would support this. Mr. Marion Sellers, 12493 Woodside Dr., stated he is a member of the Working Council of The Manufacturing Group. He noted almost everyone who lives in Saratoga has to commute to work. He stated this request is critical to all working citizens within the City. He feels the light rail proposed will be effective and urged the City Council to approve placing this on the November ballot. Ms. Alexander, Greenbelt Alliance, stated the Greenbelt Alliance supports Measure T. Ms. Alexander outlined the purpose of the Greenbelt Alliance and their goals for Santa Clara County. She stated 92 percent of the funds will be used within the existing urban areas. She outlined the reasons why the Greenbelt Alliance supports Measure T and asked the Council to adopt the resolution and approve the expenditure plan. Mr. Robert Wilson, Director, The Modern Transit Society, noted they did not receive any response to their letter and would like to provide more information at a later date. He recommended the Council delay adopting the resolution at this time. He stated the requirement for the two thirds majority for the special tax has to be observed. CLEVENGER/ANDERSON MOVED TO APPROVE RESOLUTION OF THE CITY OF SARATOGA CONCERNING THE LOCAL TRANSPORTATION AUTHORITY WITH THE MODIFICATION THAT THE LIGHT RAIL RUN UP TO RAINBOW. Councilmember Monia feels that this resolution will not solve the traffic problems. He noted he would not support the motion at this time. Councilmember Anderson noted she has studied this through the T1020 plan and feels it will benefit Saratoga residents. Councilmember Stutzman stated that rapid transit is vital and will support the resolution at this time. Mr. Burke requested that there be a separate motion for the modification requested in order to expedite the plan. Mayor Kohler stated they do not have all the information required and the public should take a vote. He feels the City should not get involved. Councilmember Clevenger stated she wohld withdraw the modification. Councilmember Anderson concurred. Mr. Burke stated that other Cities have taken a separate vote for modifications. Councilmember Anderson asked what assurances the City would have if the resolution was approved. Mr. Burke stated the Transportation Authori{y will have the latitude to consider the City's requests. C~ty ~ouncil Minutes 6 June 3, 1992 Councilmember Monia expressed concern that the City will not get what t~ey required if this resolution is approved. Councilmember Anderson stated the Transportation System will benefit the County as a whole. The above motion, without the modification, was carried. 3-2 (Monia, Kohler No) ANDERSON/CLEVENGER MOVED TO PREPARE A RESOLUTION REQUESTING THAT THE ' RAIL LINE FROM TASMAN TERMINATE AT RAINBOW. PASSED 5-0. 7. B. Fire Safety Recommendations from Hillside Fire Safety Committee and Public Safety Commission Mr. Rollin Swanson, Public Safety Commissioner, stated that the Public Safety Commission is pleased that the two fire districts responded to their concerns. He requested that the Planning Department develop standards in regards to fire retardant landscaping. He noted that the public should be made aware of the Red Flag Program. Councilmember Anderson expressed concern about dry brush. Mr. Swanson stated there will' be additional enforcement to take care of brush removal. Fire Chief Kraule, Saratoga Fire District, stated they are attempting to correct problems that exist and recommends that the Council adopt the recommendations. In response to Councilmember Anderson's questions, Fire Chief Kraule stated there is a fine line when defining brush and it is a sensitive issue. City Manager Peacock outlined the issues which must come back before the City Council. He noted the Fire Agencies will be responsible for educating the public with the resources of the County and the Cities involved. CLEVENGER/ANDERSON MOVED TO APPROVE THE RECOMMENDATIONS. PASSED 5-0. 7. A. Quimby Act - Park Dedication Fees CLEVENGER/ANDERSON MOVED TO RETAIN THE CURRENT PARK DEDICATION FEE. PASSED 5-0. 8. PUBLIC HEARINGS A. City of Saratoga 1992-93 Budget, including consideration of: 1} Gann appropriations limit; 2) amount of utility user tax; 3) continuing necessity of hillside traffic impact fee; 4) employee salaries and classifications City Manager Peacock noted the Council has gone through two sessions on the budget and this hearing is to take testimony from the public and make any necessary adjustments. Mayor Kohler opened the public hearing ae 9:45 p.m. Mr. Jeff Schwartz voiced his opposition to the course of the meeting, noting that public hearings are scheduled for 8:30 p.m. Regarding the Utility Tax, Mr. Schwartz stated there was a commitment made by the City Council to put this on the ballot. He stated this should be done and the voters should decide on the tax. Councilmember Clevenger stated the Council did not promise this would be put on the Ballot. She stated a vote was put to the voters and did not pass. The Council then took the leadership to pass a utility tax which did not need to go to the voters. She stated it is the Council's prerogative to impose the Utility Tax. City Council Minutes ~ ~une 3, 199~ Mr. Dale Drumm, 18395 Montpere Way, requested that the allocation for the Ravenwood Park be put in this year's budget and be approved. Councilmember Monia stated it is in the budget. Mayor Kohler closed the public hearing at 9:49 p.m. Mayor Kohler reopened the public hearing. City Manager Peacock stated he will make the revisions regarding the legal service and will prepare a letter to the City Attorney, a copy of which will be submitted to the Councilmembers. Councilmember Anderson addressed the Management Salary Survey she suggested that the Cities Association address the Salary issues. The Councilmembers discussed the Management Salary Survey and decided to leave as is. Councilmember Monia noted he would support the schedule as is. Mayor Kohler stated this is an opportunity to reward good employees. This hearing was continued to June 17, 1992. B. Ordinance adopting and amending the 1991 Edition of the UniformAdministrative Code, Building Code and the Building Code Standards, Plumbing Code, Mechanical Code, and the Housing Code and Abatement of Dangerous Buildings Code and the 1991 Edition of the Uniform Fire Code (first reading and introduction) City Manager Peacock outlined the recommended motion as outlined in the staff report. Mr. Joseph Oncay, Building Codes Administrator, stated the majority of the ordinance currently exists in the body of the City Code. He outlined the major change as outlined in the staff report. Mayor Kohler opened the public hearing at 10:03 p.m. Mayor Kohler closed the public hearing at 10:04 p.m. CLEVENGER/ANDERSON MOVED TO INTRODUCE THE ORDINANCE ADOPTING THE 1991 ADDITIONS OF THE UNIFORM ADMINISTRATIVE CODE, BUILDING CODE AND BUILDING CODE STANDARDS, PLUMBING CODE, MECHANICAL CODE, HOUSING CODE, ABATEMENT OF DANGEROUS BUILDINGS CODE, THE 1990 EDITION OF THE NATIONAL ELECTRICAL CODE AND THE 19991 UNIFORM FIRE CODE BY TITLE ONLY AND WAIVE FURTHER READING. PASSED 5-0. 6. B. Status Report on Storage of Inoperative Vehicles and Vehicle Parts at 12901 Pierce Rd. (continued from 4/1) City Manager Peacock stated the property has been cleaned up and there is no need to proceed with the abatement order. MONIA/ANDERSON MOVED TO RECEIVE AND FILE AND SEND A LETTER THANKING THE RESIDENTS FOR THEIR COOPERATION. PASSED 5-0. 7. NEW BUSINESS D. Memo Authorizing Publicity for Upcoming Hearings - Heritage Designations; Farsio Appeal CLEVENGER/ANDERSON MOVED TO ACCEPT STAFF'S RECOMMENDATION FOR UPCOMING HEARINGS. PASSED 5-0. E. Resolution authorizing City Manager to execute necessary documents to apply for a State grant for used motor oil City Council Minutes 8 June 3, 1992 recycling CLEVENGER/ANDERSON MOVED TO ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO APPLY FOR A STATE GRANT, MAXIMUM OF $75,000, FOR USED MOTOR OIL RECYCLING. PASSED 5-0. CoUncilmember Monia requested readdressing item 7D. He noted he had a law suit with a sibling of Mr. Farsio and asked for Counsel advice. ' City Attorney Riback stated he would need to obtain more information. 9. CITY COUNCIL ITEMS A. Letter from Greenbelt Alliance concerning Mid-State Toll Road - Anderson City Manager Peacock noted several pieces of literature which have been made available to the Councilmembers. He also addressed the letter from the Greenbelt Alliance. He noted thatABAG is not in opposition to theToll Road, but feels that it is sensitive in terms of the impact of future land use in the area. Mr. Peacock outlined ABAG's position. He noted he talked to the Congestion Management Agency who opposes the proposal because it provides for no ability to handle traffic coming into this area and would create significant financial and traffic problems in Santa Clara County. He noted MTC is working with ABAG to come up with a more definitive opinion on this proposal. Councilmember Anderson stated it would be logical for BART to extend to Livermore. City Manager Peacock stated the proposed plans include purchasing right of way for the extension of BART from Antioch to Livermore. He stated the capital to build the facility would not be raised through this Toll Road proposal. CLEVENGER/ANDERSON MOVED TO FOLLOW THE GREENBELT ALLIANCE SUGGESTION AND OPPOSE THE TOLL ROAD BECAUSE. OF THE INCREASED TRAFFIC IN SANTA CLARA COUNTY. PASSED 5-0. City Manager Peacock stated the interviews with the applicants for the Youth Commission will be held on Saturday and some of the students have SAT's the same morning. He suggested the students who have the SAT's be interviewed the Friday before. Councilmember Monia suggested interviewing as many as possible on Saturday and interviewing the rest on Monday at 4 p.m. There was a consensus of the Council to follow Councilmember Monia's suggestion. B. Reports from Individual Councilmembers MONIA/ANDERSON MOVED TO APPOINT MR. KEON TO THE FINANCE COMMITTEE. PASSED 5-0. 10. ADJOURNMENT The Meeting adjourned at 10:20 p.m. 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