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