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HomeMy WebLinkAbout09-20-1995 City Council Minutes MINUTES SAR~TO~ CITY COUNCIL TIME: Wednesday, September 20, 1995 - 7:00 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting Pledge of Allegiance 1. ROLL CALL The meeting was called to order at 7:30 p.m. Councilmembers Jacobs, Moran, Wolfe, and Mayor Burger were present. Councilmember Tucker was absent. Staff Present: City Manager Peacock, Public Works Director Perlin, City Attorney Riback, Community Development Director Curtis. 2. CEREMONIAL ITEMS A. Council ReorganizatiOn The City Clerk declared the office of Mayor open and asked for nominations. MORAN/WOLFE TO NOMINATE JACOBS. Passed 4-0 The City Clerk declared the office of Vice Mayor open and asked for nominations. WOLFE/BURGER TO NOMINATE MORAN. Passed 4-0. Councilmember Burger thanked the community, staff and Councilmembers. Mayor Jacobs presented a gift to Councilmember Burger. B. Proclamation concerning American Heart Walk BURGER/MORAN TO APPROVE THE PROCLAMATION CONCERNING AMERICAN HEART WALK. Passed 4-0 C. Proclamation concerning Pollution Prevention Week WOLFE/BURGER TO APPROVE THE PROCL~d~ATION CONCERNING POLLUTION PREVENTION WEEK. Passed 4-0 3. REPORT OF CITY CLERK ON POSTING OF AGENDA City Manager Peacock reported that pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on September 15. 4. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS Karen Anderson congratulated the new mayor and presented a gift to the outgoing Mayor. B. WRITTEN COMMUNICATIONS 1) Letter from Friends of the Saratoga Libraries requesting fee waiver for use permit for coffee fund- raiser city Manager Peacock said staff has reviewed the letter. MORAN/WOLFE TO WAIVE THE USE PERNIT FEE AND TO THANK THE COFFEE EXClL%NGE FOR THEIR GENEROSITY. Passed 4-0 5. CONSENT CALENDAR A. Previously-Discussed Items 1) Ordinance 71-150 simplifying Abatament Process with respect to Graffiti (second reading and adoption by City Council Ninutes 2 September 20, 1995 title only, waiving further reading) city Manager Peacock presented the staff report. MORAN/BURGER TO CONDUCT SECOND READIN~3ANDADOPTBY TITLE ONLy, WAIVING FURTHER READING. Passed 4-0 City Manager Peacock announced that the ordinance had been adopted and would be in effect in 30 days. B. NEW ITEMS 1) Planning Comm%ssion Actions, 9/13 - Note and file. 2) Parks and Recreatioe Commission Minutes, 8/7 - Note and file. 3) Public Safety Commission Minutes, 8/14 - Note and file. 4) Approval of Check ~]gister 5) City Financial Repo=ts for August: a) Treasurer,s Report - Receive and file. b) Investment Report - Receive and file. c) Financial Report - Receive and file. 6) Resolution 95-30.03 amending budget for supplamental revenues and appropriations 7) Removed from Consent Calendar at the request of Councilmember Wolfe. 8) Resolutlon 2342.1amending Resolution2342 concerning ABAG Plan I Representatives 9) Resolution 95-40 appointing Corporation Representatives for small Claims Division of Municipal Court 10) Resolution 95-41 abandoning various easements and accepting modified easaments on Lot 18, Tr. 7761 (Mt. Eden Estates) 11) Final Map Approval at 14120 Saratoga Avenue (8DR 94- 002)(Developer, Gar,=ia Development Co. (Continued to October 4) 12) Resolution approving amendment to agreement with Caltrans concerning Traffic signal Maintenance (Continued to October 4) 13). Resolution 95-42 approving Program Supplament #11 to LocalAgency-state Agreement for Federal Aid Projects Councilmember Wolfe removed Item 7. Staff requested that Items 11 and 12 be continued to October 4. BURGER/MORANTO APPROVE CONSENT CALENDAR WITH THE EXCEPTION OF ITEM 7, ~ CONTINUE ITEMS 11 ~ 12 TO OCTOBER 4. Passed 4-0 7) Resolution 95-39 :cenewing Disadvantaged Business Enterprise Program Councilmember Wolfe asked what will happen regarding compliance if the Civil Rights Initiative passed. City Manager Peacock said it might create problems. WOLFE/MORAN TO APPROVE THE RESOLUTIO]~ ItEHEWING THE DISADVANTAGED Ci~ Conncil Minutes 3 September 20, 1995 BUSINESS ENTERPRISE PROGRAM. 'Passed 4-0 C. CLAIMS AGAINST THE CITY City Manager Peacock presented reports on each item. 1) Claim of Kessler in connection with storm damage (second claim) MORAN/BURGER TO REJECT THE CLAIM. Passed 4-0 2) Claim of Nicol in connection with one-car accident on Quite Road BURGER/MORAN TO REJECT THE CLAIM. Passed 4-0 3) Claim of Leav~in connection with trees damaged during storm BURGER/WOLFE TO REJECT THE CLAIM. Passed 4-0 4) Claim of L-mh in connection with damage to spa from tree roots BURGER/WOLFE TO REJECT THE CLAIM. Passed 4-0 7. OLD BUSINESS A, OrdlnanceAmendlng NUisance Abatement Ordinance City Manager Peacock presented the staff report. MORAN/BURGER TO INTRODUCE THE ORDINANCE BY TITLE ONLYANDWAIVEFURTNER READING. Passed 4-0. B. Recommendations from Public Safety Commission .concerning right turn on red prohibition from Saratoga Avenue to 8aratoga-Sunnyvale Road Public Works Director Perlin presented the staff report. Councilmembers expressed concerns about whether there was a problem at the corner and indicated that they would like to know the accident history, if any, at the site. Mr. Perlin said the history is available for at least the past ten years. He suggest having the traffic consultant assigned to the City through an MTC grant look at the situation and make a recommendation. Councilmember Wolfe said one factor to consider is the pollution that accumulates when traffic is backed up, so if cars can move safely they should be able to. Mr. Perlin said the actual speed has been recorded at 33.6 mph; the posted speed iS 30 mph. MORAN/WOLPE TO CONTINUE THE ITEM TO THE 8ECONE MEETING IN NOVEMBER IN ORDER FOR STAFF ANDTHEPUBLIC SAFETY COMMISSlON TOH~VETIMETOREVIEW IT IN LIGHT OF THE ACCIDENT HISTORY. Passed 4-0 C~ Animal Control Program Field Services Contract City Manager Peacock presented the staff report. Mayor Jacobs stated that Council has discussed this matter at a previous meeting and is reflective of the substance of those discussions. BURGER/WOLFE TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE HUMANE SOCIETY AGREEMENT. Passed 4-0 BURGER/WOLFE TO AUTHORIZE THE CITYM~NAGER TO EXECUTE THE AGREEMENTTO ALLOCATE COSTS. Passed 4-0 At 8:07 p.m., Mayor Jacobs moved the agenda back to Item 6A. City Council Minutes · September 20, 1995 6. PUBLIC HEARING8 A. l) Request for General Plan mnendment to allow two parcels at 20851 Saratoga Hills Rd. to be reclassifled froman Open Space-outdoor Recreational designation to a Residential-Ver~ LOw Density and Medium Density designation. Requef3t includes associated Zoning Map ~mendment to allow the two parcels to be reclassified from an Agricultural designation to a R-l-12,500 and R-I-40,000 designation. An enviro-mental Initial Study and Draft Mitigated Negative Declaration have been prepared pursuant to the requirements of the California Environmental Quality Act. (GPA-94-003, AZ0-94-002, SD-94-C|05 - TRINITY DEVELOPMENT CO., Developer) 2) Appeal of Tentative HUbdivision Map approval to sUbdivide two separate parcels at 20851 Saratoga Hills Rd. into 9 single-f~mily residential building sites. The environmental Initial Study and Draft Mitigated Negative Declaration which has been prepared pursuant to the requirements of the California Environmental Quality Act is also being appealed. (BD-94-005) (Applicant - Trinity Development Co.~ Appellant - Friends of the Nelson Garden) Community Development Director Curtis presented the staff report for Item 1. City Attorney Riback advised Council. it was up to them whether they wanted to handle Items 1 and 2 together. Mayor Jacobs suggested allowing staff to report, then the applicant and then hearing public input. Mr. Curtis continued with the staff report for Item 2. Councilmember Moran asked about a letter from Ann Waltonsmith dated September 13. Mr. Curtis said it refers to cancellation of the Williamson Act which was not before Council at this time. Jeff Wyatt, Trinity Development, 1925 South Winchester Boulevard, Campbell, complimented Planning Co~nission and staff. He said the application is very accurate and contains a lot of detail and the project is consistent with the surroundings. He said they are prepared to go forward with the project and are also prepared to do a focused EIR. He said they arewilling to cooperate with the City in presenting a very good project Following questions from the Mayor, Mr. Wyatt said he believed that all the work that has been put into this is very complete and confirmed that if Council wants them to they are willing to go ahead with a focused EIR. A poll of Council indicated no one was opposed to this. Mr. Wyatt said he thought they were going to build a beautiful project. He said he is a Saratoga resident. The project has been before them before. He said a lot of time has been put in. In answer to Council questions regarding process, City Attorney Riback said if the applicant is willing to prepare an EIR and Council wishes to cause one to be prepared, on the basis of that offer there is no action the Council can take on the general plan or zoning amendment. Therefore those items would be subject to being set aside until such time as they would come back with the appropriate environmental review, in this case a focused EIR.I If the general plan and zoningcannot go forward, the map cannot go forward and in effect, the appeal would be moot as there is no reason to go forward with it. Council's decision is whether to accept the offer by the applicant to have a focused EIR' prepared. They should ask the pUblic if there is anyone opposed to that action. Mayor Jacobs said he believed it was the feeling of Council that if the applicant is willing to have an EIR prepared, Council would not want to stand in their way. He said it seems everyone is getting what they are asking for. He called on the three people who had sUbmitted speaker City Council Minutes 5 September 20, 1995 cards. Mr. Waltonsmith submitted letters 'from Mr. Macrae and Dr- Stutzman. No objections were expressed by those called on. Mayor Jacobs accepted the letters and said they would be admitted to the record. Be asked if anyone else wished to speak. Bearing no one, he asked for a motion to close the public hearing. WOLFE/BURGER TO CLOSE THE PURLIC MARINe FOR ITEMS I AND 2. Passed 4- MORAN/WOLFE TO DIRECT THAT STAFF PREPARE A FOCUSED EIR FOR THE ENTIRE PROJECT INCLUDING WILLIAMSON ACT CANCELLATION~ GENERAL PLAN, ZONING AHENDMENT AND TENTATIVE MAP. Councilmember Burger urged that the preparation of the EIR go forward as expeditiously as possible. She said she was concernedabout further delays on this issue. Mayor Jacobs thanked the developer for offering to participate in an EIR and said this indicated a willingness to work with the community. City Attorney Riback stated that if.the motion passes, staff will come back to the City Council with parameters for a focused EIR. He said the process would begin anew at staff level then go to Planning Commission for a public hearing in same manner as the mitigated negative declaration, then back to City Council. Councilmember Moran asked if it were appropriate at this time to table the general plan and zoning issues. The City Attorney said it was, and it will be picked up at the Planning Commission level automatically. Mayor Jacobs called for the question on the motion. Passed 4-0 MORAN/BURGER TO TABLE CONSIDERATION OF THE GENERAL PLAN DESIGMATIONAND ZONING DISTRICT AMENDMENT. Passed 4-0 WOLFE/MORAN TO REFUND THE APPEAL FEE. Passed 4-0 Mayor Jacobs called a recess from 8:43-8:53 p.m. OLD BUSINESS (continued) 7. D. Recommendation from Bicycle Advisory Committee of a CityWide Bicycle Network Plan Director of Public Works Perlin presented the staff report and said · Erman Dorsey, Public Works staff liaison with the BAC, was present if Council had questions. Be cited the four goals of the plan as follows: Safe biking, providing a network, integrating with other communities and promoting bicycling as an alternate means of transportation. Mayor Jacobs, as a former member of the Committee, said they had worked long and hard and thelcommunity owes them a debt of gratitude. He said committee.members had surveyed, ridden the routes and spent time on parking. He agreed with the BAC recommendation. Councilmember Moran said the City should be very proud of the plan. Not only have they worked hard but have come up with a plan and map that makes sense. WOLFE/MORANTO ACCEPT THERECOMMENDATION OF THE BACANDTO DIRECT STAFF TO INCORPORATE THE PLAN INTO THE CIRCULATION ELEMENT UPDATE. Mayor Jacobs said that as the "token motorist" during the time hewas on the committee, he was strongly in favor of restricting parking to accommodate the network. However, the dedicated bicyclists on the committee were concerned about parking. They showed an interest in everyone in the community, not just bicyclists. Passed Mayor Jacobs thanked Mr. Dorsey and asked him to pass their thanks along to the BAC. Mr. Dorsey, Senior Engineering Technician, stated that other committee members had planned to be at the meeting tonight City Council Minutes 6 September 20w 1995 but the item occurred earlier than anticipated. Mayor Jacobs acknowledged the presence of Ken Johnson. He thanked Mr. Johnson who had been Public Safety liaison to the committee for three years. 8. NEW BUSINESS A. Oral Communications (continued) and instructions to staff regarding actions on current oral communications - None. B. Resolution 95-43 confirmLing report of Cost for NuisanCe Abatement, APN 38644038'ownedbyeouthern Pacific Railroad City Manager Peacock presented the staff report. MORAN/BURGER TO ADOPT THE RESOLUTION. Passed 4-0 C. Assignment of Vehicle for City codes Administrator City Manager Peacock requested that tl~is matter be tabled to next month so staff can look at the long-range effects. MORAN/WOLFE TO TABLE THE ITEM UNTIL I~EXT MONTH. Passed 4-0 D. Memo Authorizing Publicity for Upcoming Hearings - No hearings yet scheduled for October 4. 9. ROUTINE MATTERS City Attorney Riback was excused at 9:12 p.m. A. Approval of Minutes - 8/8~ 8/16~ 8/22~ 8/28 The minutes were approved as submitted. 10. CITY COUNCIL ITEMS A. Agenda items for meeting September 26: 1) Joint meeting with ~8aratoga Union School District 2} Draft parking ordinance 3) Review of Kennel Ordinance City Manager Peacock said there were two other possible items. 1. An Ordinance changing the definition of enclosed storage (will not be. added). 2. Issue of legal advertising radius notification. The Planning Commission recommended keeping it at 500 ft. Staff will review the costs if changed from 500 ft. to 300 ft. (legal minimum) as recommended. Councilmember Moran requested budgetary impact information. Community Development Director Curtis said he would provide Council with the draft minutes from the Planning Commission meeting. B. Other Councilmember Burger reported regarding the direction that Council had given to her and Mayor Jacobs to meet with Planning Commissioners on an individual basis. They met with Commissioner Abshire and felt the meeting was productive. Commissioner Caldwell declined to meet with them. Councilmember Burger made reference to a letter received from Mr. Cali referring to the letter from Mr. Mcnia which appeared in the Saratoga News. She said she would like this letter to be put into the initiative petition file so there is a complete record. She will give a copy to staff for the file. Councilmember Burger invited Mr. Monia to do the right thing and step forward with a public apology to Mr.. Cali. Councilmember Wolfe commented regarding the process of electing new City Council Minutes 7 September 20, 1995 officers this evening and cited the historic precedent in Chester, England. He thanked Councilmember Burger for her service which he said exemplified civic leadership in a civil manner. He commented on her representation of the city on other boards and congratulated those appointed as officers this evening. Councilmember Burger thanked Councilmember Wolfe and said she had enjoyed working with this Council and looked forward to continuing to work with them. City Manager Peacock said that Mr. Curtis had pointed out to him that there are two hearings scheduled.for the October 4.meeting.. Director of Community Development Curtis said one hearing was regarding amending the sign ordinance by adopting a permanent ordinance to allow banners for special events and the other was a temporary ordinance for A frames for a trial period. Director of Public Works Perlin said he had met with the Traffic Authority regarding landscaping along the freeway. The response from the contractor indicated there would be no cost increase for the change. The project is proceeding without delay. The planting in Saratoga will start in November or December. He told Mayor Jacobs that the residents and property owners backing up to the corridor received notice of the change and were asked to comment if they desired. The only comments received had come from Saratoga residents. Mayor Jacobs expressed concern that Council will hear from people after the trees are put in. He said he wanted to be sure everyone knows in advance. Mr. Perlin said the trees are small, they are 5 gallon trees. He said the freeway. noise committee is well aware of the landscaping plan. 11. ADJOURNMENT WOLFE/BURGER TO ADJOURN TO 7:00 P.M. ON TUESDAY, SEPTEMBER 26, AT ADMINISTRATION MEETING ROOM, 13777 FRUITVALE AVENUE. Passed 5-0 'Respectfully submitted, ~ Rcberta f Minutes Clerk