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HomeMy WebLinkAbout11-16-1994 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, November 16, 1994 - 6:45 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting Closed Session - 6:45 p.m. in Public Works Conference Room (adjacent to Civic Theater Lobby) The purpose of the closed session is as follows: 1. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Name of case: San Francisco Baykeepers vs. City of Saratoga The meeting was called to order at 7:35 p.m. by Vice Mayor Jacobs Pledge of Allegiance - Led by Councilmember Moran 1. ROLL CALL Councilmembers Present: Tucker, Moran, Wolfe, Vice Mayor Jacobs Councilmembers Absent: Burger Staff Present: City Manager Peacock, City Attorney Riback, City Engineer Perlin 2. CEREMONIAL ITEMS A. Proclamation on National Family Week MORAN/TUCKER MOVED TO APPROVE A PROCLAMATION ON NATIONAL FAMILY WEEK. PASSED 4-0-1 (Burger absent). 3. Report of City Clerk on Posting of Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on November 10. 4. COMMUNICATION8 FROM COMMISSIONS AND THE PUBLIC A. OffAL COMMUNICATIONS - None B. WRITTEN COMMUNICATIONS - None 5. CONSENT CALENDAR A. Previously-Discussed Items 1) Resolution 94-46 On Woolsey Appeal, DR94-024 - 14350 Douglass Ln. (Parcel 1), heard 11/2 2) Resolution 94-47 on Woolsey Appeal, DR94-025 - 14360 Douglass Ln. (Parcel 2), heard 11/2 TUCKER/WOLFE MOVED TO APPROVE RESOLUTIONS ON DR94-024 AND DR94-025. PASSED 4-0-1 (Burger absent). B. New Items 1) Planning Commission Actions, 11/9 - Note and file. 2) Parks and Recreation Commission Minutes, 10/3 - Note and file. 3) Notice of Completlon, Congress Springs Park Netting (CIP 9307) 4) City Financial Reports for October: a) Treasurer,s Report - Receive and file. b) Investment Report - Receive and file. City Council Minutes 2 November 16, 1994 c) Financial Report - Receive and file. 5) Quarterly Report to Regional Water Quality control Board on City NPDES Activity 6) Budget Adjustment Resolution 93-25.20 for loan to Community Housing Developers to acquire low-income senior home approved 9/21/94, with understanding that funds will ZOe reimbursed with CDBG funds. 7) Response to Draft county General Plan 8) Resolution 94-48 supporting ABAG Grant of Punds for joint study of Billsides of Monte sereno, Los Gatos, Cupertino and Saratoga MORAN/WOLFE MOVED TO APPROVE CONSENT CALENDAR B. PASSED 4-0-1 (Burger absent). C. CLAIMS AGAINST THE CITY 1) Claim of Pacific Bell in connection with damaged manhole cover Staff recommends that the City Councll reject the claim. City Manager Peacock stated this claim arises out of a construction project and the company who is under contract with the city has the liability. MORAN/WOLFE MOVED TO REJECT THE CLAI~. PASSED 4-0-1 (Burger absent). 2) Claim of Volsenet in connection with windshield damaged by tree branch Staff reconunends that the City Council reject the claim. TUCKER/WOLFE MOVED TO REJECT THE CLAIM. PASSED 4-0-1 (Burger absent). 6. PUBLIC HEARINGS - None. 7. OLD BUSINESS - None. 8. NEW BUSINESS A. Oral Communications (continued) and instructions to staff regarding actio~s on current oral communications city Manager Peacock addressed the request from Mrs. Benson at the last Council meeting regarding the reproducing of the Saratoga Flag. He stated the City Attorney reviewed this and the conclusion is that the City should not attempt to regulate the flag as there is no reason to do so. He stated if the Council has no objection he will let Mrs. Benson know she may reproduce the flag. City Manager Peacock addressed a matter referred to atthe last Council meeting regarding the Council making a promise to find a Community Garden site. He noted after much research it was discovered that this matter was discussed with the Council in June 1987 and was then referred to the Parks and Recreation Commission for review. He noted at that time there were discussions regarding using Azule Park, but there was opposition from the neighbors. He stated this was not followed on and the Council did not make a promise to find a site for the Community Garden. 9. ROUTINE MATTERS A. Approval of Minutes - 11/2 TUCKER/WOLFE MOVED TO APPROVE THE MINUTES OF 11/2, AS PRESENTED. PASSED 4-0-1 (Burger absent). B. Approval of Warrant List City Council Minutes 3 November 16, 1994 TUCKER/WOLFE MOVED TO APPROVE THE WARI~ANT LIST. PASSED 4-0-1 (Burger absent). 10. CITY COUNCIL ITEM8 A. Agency Assignment Reports Councilmember Moran briefly reported on her trip to the Sister City in Japan and noted they were received very warmly by the Mayor and Councilmembers. Councilmember Tucker reported on the Santa Clara County Cities Association meeting, noting they had a presentation by Smart Valley regarding "Stream-lining Permit Process". She noted she volunteered Councilmember Wolfe to be the contact person. She also reported that it is Saratoga's turn to serve on the CMA Board. She noted it calls for a four year commitment and the Councilmembers should think about this. Councilmember Wolfe stated he will consider the position. City Manager Peacock stated he will put this on the agenda for December 7, 1994. City Engineer Perlin reported on the Water District meeting and noted that.properties along Saratoga Creek in the 100 year flood zone are no longer in this zone since the freeway construction. He stated they will request that FEMA delete these properties from the map. He noted properties along Prospect Creek and Calabazas Creek are also being studied by a consultant hired by FEMA. He stated these people affected can be notified by the city. C. Memo Authorizing Publicity for Upcoming Hearings - Nondisposal Facility Element and Rubbish Rates MORAN/TUCKER MOVED TO AUTHORIZE THE PUBLICITY FOR UPCOMING HEARINGS AS RECOMMENDED. PASSED 4-0-1 (Burger absent). B. Discussion Regarding Noise from the New Route 85 Freeway City Manager Peacock stated they received additional written communication which will be entered into the record. The matter was opened for public comments. Ms. Joan Hershkowitz, 19364 Shubert Ct., stated that many citizens from both Saratoga and the valley are very concerned about the noise from the freeway. She stated the noise is worse than they were led to believe by Cal-Trans and the Traffic Authority. She added they will not get used to it. She offered the following suggestions to the Council: 1. Would like the City Council to spearhead the formation of a committee of cities, formed of representatives from each of the cities involved. 2. They are forming a citizens committee and propose that this committee do research for a data base, and come up with proposals. 3. Cal-Trans or the Traffic Authority should not be involved in this research. 4. Once the proposals are formed, they would like the committee of cities to work with the citizens committee. She noted the citizens are not asking for the closure of route 85, but noted everyone helped pay for the construction of this road, and for the benefit of others, they are suffering. She asked the Council to help them work towards a solution. Bill Clark, 19404 Shubert Dr., stated he lives about 400 ft. from the freeway and there is a row of houses in between. He stated he does not believe that distance is~ the issue, but they need to look at the soundwall. Mr. Clark reviewed the decibel levels from the freeway and City Council Minutes 4 November 16, 1994 noted something needs to be done to :mitigate the noise. He stated he hopes the Council will read his letter. Mr. Robert Gragg Wilson Jr., 18709 Metler Ct., stated he lives approximately 250-300 ft. from the! boundary of the freeway. He addressed federal regulations regarding the levels of noise and noted vehicle speed contributes. He stated to regulate the speed of vehicles to 55 mph would help with the noise. He noted many recreational vehicles in excess of 9,000 lbs are using the freeway. He noted federal regulations for newly constructed freeways allows residents to control speed which will reduce the noise level. He stated he is recommending that the City try to enforce the 'speed limits on the freeway. Mr. George Korbay, 13148 Anza Drive, stated his home backs directly onto the freeway and noted the noise is more excessive than thought. He spoke in support of the suggestions from Ms. Hershkowitz. He noted the freeway should not go away as it is a benefit to many people, but believes they are suffering too much for the benefit of others. He stated fine tuning is needed in certain areas and this may solve a lot of problems. Mr. Robert Karlak, 13000 Anza Drive, noted his backyard is approximately 300 ft. from the soundwall going over Saratoga Creek. He stated the decibel reading from his backyard is below 62 decibels, but in excess of this at the front of the house. He made measurements on surrounding streets and all were above what was predicted. He stated the sound does not come from the closest part of the freeway..He added he is a retired research scientist and understands the problem and will be glad to be part of the conunittee addressed by Mrs. Hershkowitz. Mr. Paul Wesling, 12250 Saraglen Drive, stated his home is approximately 80 to 90 ft. from the soundwall and the noise is less than expected in his yard. He stated he is pleased the freeway is opened and the noise is noticeable but not bad. He suggested that property owners install double pane windows to address the problem and maybe the committee that will be formed could study other sound mitigations such as this. Mr. Clark Miller, 19401 Shubert Drive, stated he lives approximately one quarter mile from the freeway. He noted the situation is very bad and has significantly reduced the quality of life in Saratoga. He spoke in support of the suggestions made by Mrs. Hershkowitz. He noted the feeling at the meeting in Cupertino was that Cal-Trans pulled the wool over everyone's eyes and this contributes to mistrust of government. He addressed landscaping on the overpass on Cox Ave. He stated Cal-Trans should take a look at the number of trucks that use this freeway. He also noted it is very noisy during the night. Mr. Miller also expressed concern about the possibility of opening more lanes on the freeway. He noted that double pane windows are a good idea, but people like to go outdoors. Mr. Gene Golobic, 12336 Terrence Ave., stated he agrees with Mr. Miller's comments that the noise has severely impacted the quality of life in Saratoga. He noted no matter what room he is in his house he hears the noise. Mr. Golobic stated he has put in double pane windows and it does not help. He passed out a "Noise Impact Assessment Report" and reviewed the decibel levels in several areas, as outlined in the report. In summary, Mr. Golobic stated there is a big increase in noise both inside and outside his home. Mr. Meir Levi, 13126 Anza Drive, stated the freeway by his house goes over the creek and he believes this creates more noise. He noted speed cannot be monitored in the middle of the night. He stated the part of the road originally dedicated for landscaping has been turned into a hard shoulder, as required by the Highway Patrol. Councilmember Jacobs noted that three Councilmembers did attend the Cupertino meeting. Regarding the landscaping on Cox Avenue, Mr. Perlin stated this is out to bid and they will have~the contract before the Council on December 7th. He noted the landscaping is being paid for by Measure A funds. City council Minutes 5 November 16, 1994 Regarding landscaping on the freeway, Mr. Perlin stated the Traffic Authority anticipates advertising all of the freeway landscaping projects after the new year and expects to be under construction sometime in the spring. Councilmember Wolfe asked if the landscaping will cut down the noise. Mr. Perlin stated it is his understanding that no amount of landscaping will help the noise situation, with one exception. He noted he has read reports that vines covering soundwalls may help the noise situation, but it will take sometime for the vines to grow. Councilmember Tucker addressed an article in the Saratoga News written by a resident, and in the resident's opinion, the vegetation will not be adequate to mitigate the noise. She stated the City should look into this before any planting is put in place. Mr. Perlin stated the landscaping plans are finalized at this point and it would be difficult to go back and make significant changes, but not impossible. He noted he will talk to the Traffic Authority about this. In response to Councilmember Tucker's question regarding complaints to the Traffic Authority, Mr. Perlln stated they have received very few complaints in their office. Regarding the route 85 hotline, Mr. Perlin stated staff is logging the calls on the hotline and pin pointing on a map the location of the complaints. He stated this information can be used in the future when discussing this issue with Cal-Trans and the Traffic Authority. He noted the hotline number is 867-3438 x285. Councilmember Jacobs stated it is his understanding that the Traffic Authority is out of funds for route 85 and Measure A funds are tied up in court. Mr. Perlin stated the Traffic Authority is converting into a bill paying agency as the original Measure A program comes to a close. City Attorney Riback stated the mitigation plan for the highway 85 improvement program does specify certain standards which must be met. He noted if these standards. are not being met there is an obligation to do whatever is required in order to bring the noise levels into compliance with the program on part of the Traffic Authority and Cal- Trans. Mr. Miller suggested that the Council have a meeting dedicated to highway 85 only, and invite other Councilmembers from cities affected by this. Councilmember Wolfe noted that the majority of the council are impacted by the freeway noise and share the residents' concerns. He asked if other cities are having meetings such as this one. City Manager Peacock stated he and Vice Mayor Jacobs attended the Mayors and Managers meeting and at this point no other city has had meetings to discuss route 85, but noted they have received calls. Councilmember Jacobs stated that Saratogans seem to be the most impacted or notice it more. He stated he supports Mrs. Hershkowitz' idea to involve other cities and work together to address this problem. He stated should no other cities want to join Saratoga, they should move forward and determine if the freeway noise is in compliance. Councilmember Tucker noted she is impacted by the freeway noise and concurs with Mrs. Hershkowitz and noted she would be happy to serve on the committee. Councilmember Moran agrees that many people are concerned about this .and stated she would support the citizens committee and working with staff and the Council. Councilmember Wolfe stated the Council should direct the City Manager to cooperate with Mrs. Hershkowitz. Councilmember Jacobs stated Mr. City Council Minutes 6 November 16, 1994 Peacock should also contact other city managers. Councilmember Jacobs stated he is sympathetic to the residents concerns. He stated he went to Kevin Moran Park and other areas throughout the city and has noticed the freeway noise. City Manager Peacock stated he will contact other cities and see what kind of a response he gets. Regarding the City taking noise readings, Mr. Peacock stated the city's noise equipment is portable and not very sophisticated. Councilmember Jacobs stated the citizens committee needs to be able to take readings over long periods of time. Mrs. Hershkowitz stated it is unfair for cal-Trans to take reading at 4 a.m. and calculate it in with peak hour traffic. Councilmember Wolfe suggested a study on putting vegetation in the medians to see if this would act as a sound buffer. Councilmember Jacobs stated the Council will continue to pursue this matter. B. General Councll Items 1) Agenda items for adjourned meeting Dec. 132 a. Joint meeting with Parks and Recreation Commission 1. open Space Implementation Committee Report 2. Parks and Trails Master Plan 3. Alcohollc Beverages in Parks 4. Dogs in Parks City Manager Peacock reviewed the agenda for the parks and recreation commission meeting. Mr. Perlin pointed out that the commission does not want to discuss the specifics of developing a park, but wants to discuss the process of selecting a consultant etc. Ms. Dutro, Parks and Recreation Commission, stated the commission is not ready to talk about the specific development of a park, but wants to prepare the council for what is likely to ensue. Councilmember Jacobs stated they should limit the discussion to the process only. Ms. Dutro stated she! will relay this message to the other commissioners. She noted there is some confusion on the Parks and Recreation Commission about issues they should pursue. She noted there have been items that did not come before the commission that they would like to have seen. Councilmember Jacobs stated that the Nelson property should not be a discussion item as they have already voted on this. The other Councilmembers agreed. Ms. Dutro pointed out that the parks and trails master plan is a working document open to further discussion and some changes. Regarding the committee reports, City Manager Peacock stated the Council will make decisions at the December 13th meeting. b. Agenda for Town Hall Meeting Jan. 7 City Manager Peacock stated that this town hall meeting would be a kick-off session to the policy development conference. He stated residents could talk about the quality of services, what they like and don't like. He noted legally they must publicize the agenda three days before the meeting. City Council Minutes 7 November 16, 1994 Councilmembers stated they would like to discuss general topics, and Councilmember Tucker suggested discussing temporary banners. City Manager Peacock addressed a specific plan for north Saratoga Avenue as addressed by Councilmember Moran at a previous hearing. He noted in the 1983 General Plan there was a call for a specific plan on Saratoga/Sunnyvale Road, but it was never followed through. He noted this may be a discussion item as wellfor the Mountain Winery. 2) Other Councilmember Tucker stated they interviewed three out of the six consultants applying to negotiate with the Saratoga Employees Association and will get back to the Council. Councilmember Jacobs addressed the ordinance regarding limitation or banning temporary signs along the public right-of-way. City Attorney Riback stated this has not been addressed, but can be. Mr. Peacock stated it has to go through the Planning Commission first. 10. ADJOURNMENT WOLFE/TUCKER MOVED TO ADJOURNAT 9230 P.M. TO A CLOSED SESSION. PASSED 4-0-1 (Burger absent). The purposes of the closed session are as follows: 1. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Names of cases: Wanka et al. vs. City of Saratoga and Montalvo Assoc. et al.~ Feinstein vs. City of Saratoga. 2. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Section 54956.9 in one case. 3. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Significant exposure to lltigation pursuant to subdivision (b) of Section 54956.9 in one case. The Council reconvened from the closed session at 10:20 p.m. The Mayor announced that the Council, by a vote of 4-0, had instructed the City Attorney to intervene in the Montalvo litigation in order to protect the City's zoning and land use authority concerning Montalvo's request for amendment to the court order and to instruct the judge that the information provided to him on the noise ordinance is incorrect. 11. ADJOURNMENT The meeting was adjourned at 10:21 p.m. to.Council training meetings on Friday from 8:30 a.m. to 5:30 p.m. and Saturday, from 8:00 a.m. to 12:00 noon, November 18-19, at the Country Club, 21990 Prospect Road, and then to 6:00 p.m. on Tuesday, November 29, in the Administration Meeting Room, 13777 Fruitvale Avenue. Respectfully submitted, Catherine M. R Minutes Clerk