Loading...
HomeMy WebLinkAbout10-18-1995 City Council Minutes SARATOGA CITY COUNCIL TIMES Wednesday, October 18, 1995 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE~ Regular Meeting Pledge of Allegiance - 7:30 p.m. l. ROLL CALL Councilmembers present: Burger, Moran, Tucker, Wolfe, Mayor Jacohs Staff present: City Manager Peacock, City Attorney Riback, City Engineer Perlin, Community Development Director Curtis, Finance Director Fil and Codes Administrator Oncay. 2. CEREMONIAL ITFa48 A. Resolution commending Leo Barnard for Service on Parks and Recreation Commission BURGER/MORANMOVED TO ADOPT ARESOLUTION COMMXNDINGLEOBARNARDFOR SERVICE ON PARKS AND RECREATION COMMISSION. PASSED 5-0. B. Resolution reappointing Finance Committee Members Hahn, LOw and Ousley BURGER/MORAN MOVED TO ADOPT A RESOLUTION REAPPOINTING FINANCE COMMITTEE MEMBERS HAHN# LOW AND OUSLEY. PASSED 5-0. C. Administration of Oath of Office to Reappointed Committee Members Mayor Jacobs administered the Oath of Office to Finance Committee members Hahn, Low and Ousley. On behalf of the City Council, City Manager Peacock thanked the committee members for dedicated service. D. Proclamation on United Nations Day MORAN/BURGER MOVED TO ADOPTA PROCLAMATION PROCLAIMING OCTOBER 24, 1995 AS UNITED NATIONS DAY. Passed 5-0. Later in the meeting, Mayor Jacobs presented the proclamation to Ms. White, Chairperson of the United Nations Committee. 3. REPORT OF CITY CLERK ON POSTING OF AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on October 13. 4. COMMUNICATION8 FROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATION8 (limited to 15 minutes) Ms. Eileen Dennis read the contents of a letter she had written to the Saratoga News. She stated that Councilmember Wolfe had disrupted her attempts to collect signatures for an initiative petition. She said that on three different weekends, Mr. Wolfe harassed the petition gatherers, making it impossible to continue, chasing people away and yelling untruths. She said it was not her intent to harass the Council, but that the supporters were exercising their constitutional right to collect a petition of signatures and petition the government, in the hope that the councilmembers would support and adopt this initiative as soon as the signatures were collected. She requested an apology and expressed hope that a policy existed on not harassing petition gatherers so that the other Saratoga residents would not be subjected to the same harassment and behavior. Mr. Ronald Cook, 19263 Brockton Lane, referred to a letter to the City Council requesting comment from the City Attorney about the impact of the proposed Saratoga neighborhood preservation city Council Minutes 2 October 18, 1995 initiative on the four lots ownedbytheOddfellows. He stated his purpose was to request a response from the City Attorney. Mayor Jacobs responded that the matter could be discussed at the conclusion of the oral communications. Mr. Bob Sorgel, 1722 Harleigh Cou:rt, addressed the Council about a large bump in the left lane of Allendale Avenue south of Quito Road which was brought to the Countills attention in May. He said that in May he was assured that itwould be taken care of, but that the bump still exists. Mr. Sorgel also offered the suggestion that in order to help noise reduction from Highway 85, each Saratoga resident plant a sprig of ivy or ficus along the soundwall on the highway side, which would help to reduce the noise in the future. Councilmember Wolfe responded to Ms. Dennis~ letter referencing his name, and remarked that the letter had a familiar tone. He offered his apologies to Ms. Dennis if she was offended by his expression of First Amendment rights. Councilmember Wolfe clarified that at the event referred to, he was addressing Mr. Jeff Schwartz. He stated that the point of the matter was truth on the issue and assured citizens of Saratoga that they would be well served. Mayor Jacobs referred to Mr. Cook~s earlier concern and asked the City Attorney to comment on the City~s position with regard to issuing opinions regarding the initiative at this point. City Attorney Riback stated that the particular request was brought to the attention of the City Manager who in turn requested the City Attorney to prepare a response. He stated that he had not yet prepared the response but would do so in a manner that would be effective and applicable citywide, not just referring to this particular project. He explained that typically the City Attorney is not requested to, nor does he/she prepare a detailed analysis of an initiative at this point in time until it actually qualifies for the ballot. Mr. Riback clarified that when and if it qualifies for the ballot, he Would prepare an analysis as requested by the City Council. Discussion continued about the ramifications of the City Attorney~s office making an official statement before the measure qualified for the ballot. Councilmember Burger expressed concern about the amount of misinterpretation and hearsay throughout the community about how the initiative affects the community. City Attorney Riback clarified that by law he was required to snmmarize the initiative, and he has complied. He clarified that he had not made any statements regarding the initiative other than the official written statement which was submitted to the City Council and City Clerk. City Attorney Riback stated that he would address his response to the City Manager and the City Council and the response would be transmitted to Mr. Cook. Councilmember Wolfe questioned whether the synopsis of the initiative that is out in the community could be the basis for some of the confusion on the part of signatories. Mr. Cook responded that he felt the information received in the mail was highly inflammatory, and if it represented what is on the proposed initiative, it basically states that there cannot be any building anywhere in the City of Saratoga. There was consensus from the City Council to direct the City Attorney to prepare the clarification to respond to Mr. Cook~s letter and make the response pablic. Mr. Riback reiterated that he had prepared a statutorily required summary of the initiative and said it was possible that it may need further clarification. City Council Minutes 3 October lS, 1995 Mayor Jacobs said that he felt the public was entitled to anearly clarification on whether or not the initiative could or would have an impact on the proposed development plan. Mayor Jacobs requested the status of the large bump in the road discussed by Mr. Sorgel earlier in the meeting. City Engineer Perlin responded that the contract was awarded last week, and work would begin on Quito Road within the next few weeks. Mayor Jacobs moved the agenda back to Item 2D. Ms. White announced that the United Nations Day event would be at the campus center at West Valley College, and that BillWhitney was the keynote speaker. Mayor Jacobs presented the United Nations Day Proclamation to Ms. White and announced that she was serving her final term as Chairperson of the United Nations Committee and will become Chairperson Emeritus. Mayor Jacobs moved the agenda to Item 6a. 6. PUBLIC HEARINGS - 8~00 pm. A. Ordinance amending the sections of Saratoga~s SUbdivision and Zoning Ordinances listed as a) and b) below. These amendments are intended to correct areas of the sUbdivision and Zoning Ordinances which have become burdensome or outdated and/or to clarify current definitions. An environmental Negative Declaration has been prepared for adoption. AZO-95-001 (a and b). a) Article 14-50.040 Amendment to parcel Lot Line Adjustment procedures. b) Article 15-70.020 Amendment to- allow residential development within hillside sUbdivisions to use those building setbacks in effect when the sUbdivision and site development plan were originally approved, in lieu of current lot-percentage based setbacks. Community Development Director Curtis reviewed the attached staff report. He explained as part of the community development department work program there were four ordinance amendments considered to provide clarification in updating the codes and regulations to provide better processing and understanding of the codes. He reported that two of the ordinance amendments would be considered at a later date as part of the Design and Task force process, and two received unanimous approval for recommendation to the City Council. Mr. Curtis stated that the Planning Commission unanimously recommended approval of both ordinance amendments presented in the staff report, and staff concurs that the two amendments allow better processing, more reasonable development opportunities without complications. In response to Councilmember Moran's question about Article 15.70,020, Mr. Curtis stated he did not know how many lots would be affected. He said it would apply to any lot on which the setback had been established as part of the original sUbdivision. Mr. Curtis explained that the Planning Commission initiated the proposed amendments because it felt it was unnecessary to keep approving variances, and the application of percentage of setbacks was an unreasonable burden on development of lots that had been previously approved and building sites established. It received unanimous approval of the Planning Commission. Mayor Jacobs opened the public hearing at 8:15 p.m., and there being no public input, closed the public hearing. City Council Minutes 4 October l8, 1995 Councilmember Burger commended the: proposed action, stating that it streamlined the planning process considerably. BURGER/MORAN MOVED THAT THE CITY COUNCIL ADOPT THE NEGATIVE DECLARATION THAT HAS BEEN PREPARED FOR ADOPTION OF ITEM 5A. PASSED 5-0. BURGER/TUCKER MOVED TO INTRODUCE %~{E ORDINANCE ENDING LOT LINE ADJUSTMENT APPLICATION PROCEDURES, SECTION 14-50.040, BY TITLE ONLY, WAIVING FURTHER READING. PASSED 5-0. BURGER/WOLFE MOVED TO APPROVE THE ENVIRONMENTAL NEGATIVE DECLARATION PREPARED FOR ADOPTION OF ITEM 5B. PASSED 5-0 BURGER/WOLFE MOVED TO INTRODUCE THE ORDINANCE AMENDING BUILDING SETBACK REQUIREMENTS BY TITLE ONLY, WAIVING FURTHER READING. PASSED 5-0 City Attorney Riback pointed out that there were two non- substantive word changes made to tl~e finalized ordinances. Major Jacobs returned the agenda to Item 4b. 4B. COMMUNICATION8 FROM COMMISSIONS 1) Letter from Heritage Preservation Commission regarding State Historic Preservation Office Workshop MORAN/WOLFE MOVED TO NOTE AND FII~8 THE LETTER FROM THE HERITAGE PRESERVATION COMMISSION REGARDING THE STATE HISTORIC PRESERVATION OFFICE WORKSHOP ON NOVEMBER 3. PASSED 5-0 ° C. WRITTEN COMMUNICATIONS 1) Letter from Saratoga Citizen Committee for Route 85 Noise Reduction ::equesting that certain actions be taken by the Cit:[ Council Ms. Joan Hershkowitz, Co-Chairperson of the Route 85 Noise Abatement Committee, stated that the committee has been working diligently for a year on the items listed in the attached October 10th letter and are now requesting the City Council to take a leadership role in resolving Route 85 noise problems. The committee requested the City Council to take whatever steps are necessary to get the noise level acceptable to the city standards. There was consensus from the councilmembers that City Council should step in and take whatever action they could to help work toward a resolution of the noise problem. Staff could also work with the Council, especially in the area of submitting applications for possible grant funds. Following a .brief discussion, staff was directed to set up an adjourned meeting/study session on November 7 to devote ample time to resolution of the noise problem on Route 85. 5. CONSENT CALENDAR A. Previousl~-Discussed Ite~as 1) Ordinance amending Chapter 15-30 of the Cit~ Zoning Ordinance relating to standards for the placement of temporary signs in Commercial Zoning Districts TUCKER/MORAN MOVED TO INTRODUCE 'e.n~ ORDINANCE BY TITLE ONLY, WAIVING FURTHER READING. PASSED 5-.0 2) Ordinance amending Chapter 15-30 of the City Zoning Ordinance relating to the prohibition of certain signs within the public right of way (AZO-95-004) City Council Minutes 5 October lS, 1995 WOLFE/TUCKER MOVED TO ADOPT THE ORDINANCE BY TITLE ONLY, WI~IVlNG FURTHER READING. PASSED 5-0 B. New Items 1) Planning Commission Actions, 10/11 - Note and file.' 2) Parks and Recreation Commission Minutes, 9/5 - Note and file. 3) Adoption of FY 1995-96 County/city CDBG Contractand Authorization of City Hnnager to execute 4) Grant of Right of Way in Village Parking District #2 to San Jose Water co. for water main installation 5) Resolution approving Program Supplement #12 to Local Agency-State Agreement for Federal Aid Projects for Pierce Road storm Damage MORAN/TUCKER MOVED TO APPROVE ITS I SOUGH 50P THE CONSENT CALENDAR. PASSED 5-0 Councilmember Burger requested that Item 6 be removed for discussion; Councilmember Tucker removed Item 7 for discussion. 6) Approval of Purchase of Replacement Play Structure at congress Springs Park In response to Councilmember Burgeres question, Mr. Perlin explained that the additional $9,000 was the cost of the installation of the play structure as well as additional work required to the play area. He said that approximately $3,000 to ~ $4,000 was attributable for improvements to make the play area accessible to the disabled. Mr. Perlin stated that HCDA funds were being used for .cityWide accessibility improvements and he explained why HCDA funds were not being used for the play area work project. In response to Councilmember Tucker's question, Mr. Perlin stated that another vendor was considered for the project, but the vendor selected has been used on previous projects with satisfactory .results. Mr. Perlin stated that the play structure will be completed around the end of the current year or beginning of next year. MORAN/WOLFE MOVED TO APPROVE iTEM6 OFT HE CONSENT CALENDAR. PASSED 7) City Financial Reports for Septemberz a) Treasurer~s Report - Receive and file. b) Investment Report - Receive and file. c) Financial Report - Receive and file. d) Quarterly Quarry Creek Trust Report In response to Councilmember Tuckeres question about the Environmental Programs fund in the Treasurers Report, Mr. Perlin stated that the bulk of the funds is due to a program assessment that is paid an annual assessment to the countyWide nonpoint source program and a semi-annual assessment to the West Valley program. Staff answered Councilmembers~ questions about the ReserveAnalysis on the Cash and Investment Report. There was a brief discussion about sale tax revenues relative to the Statement of Revenues and Expenditures. Councilmember Wolfe suggested identifying the geographical areas when retail categories City Council Minutes 6 October18, 1995 are low. Mr. Fil stated that staff would be bringing forth an agreement for consultant services for a revenue enhancement audit. A brief discussion ensued regarding the power costs for the City of Saratoga wherein staff explained that the additional usage of the community center and theater accounted for the increase in power costs. Staff pointed out that as a result of the success of the Children's Theater, the revenue may increase. TUCKER/MORAN MOVED TO APPROVE ITEM 7 OF ~'~ CONSENT CALENDAR. PASSED 5-0. C. CLAIMS AGAINST THE CITY - None. Mayor Jacobs moved the agenda to Item 7. 7. OLD BUSINE88 . A. Holiday Schedule for Christmas, Christmas EVe and New Yeares Day and New Yeares Eve City Manager Peacock explained the present policy regarding holidays, stating that when a holiday falls on a Saturday, the holiday is observed on the prior Friday. If the holiday falls on a Sunday, the holiday is observed on the following Monday. He stated that staff's recommendation is for the City Council to adopt a policy which states that either on a Friday/Saturday or Sunday/Monday where the two run consecutively, that the City offices be closed the prior Friday or Monday so that some weeks aren't truncated. Discussion continued regarding the holiday schedule. · BURGER/WOLFE MOVED TO APPROVETHE HOLIDAY SCHEDULEAS PHESENTEDltND EXPAND THE CITY HOLIDAY POLICY IN THE FUTURE. PASSED B. Assignment of City vehicle to city Codes Administrator city Manager Peacock reviewed the background of the item as outlined in the executive summary dated October 18. BURGER/TUCKER MOVED TO APPROVE S~aFF HECOMMENDATION TO aSSIGN A CITY VEHICLE TO THE CITY CODE8 ADHINISTRATOR AND MODIFY THE CITY POLICY TO INCLUDE THE CITY CODES ]~MINISTRATOR TO BE A RECIPIENT OF A $1~ MO~=u~Y EXPENSE ALLOWANCE. PAS8ED 5-0. C. Report from City Codes Administrator on H~ack Problem at san Tomas Aquino Creek Code Administrator Oncay updated the Council on the information relating to the construction of the retaining wall in San Tomas Aquino Creek as summarized in the attached staff report. Mr. Calvin Hammack, 15490 Quito Road, expressed concern about the construction of the retaining wall in San Tomas Aquino Creek, summarizing that a 10 foot channel was not adequate to handle heavy water flow. In response to Councilmembers' qIxestions, Mr. Oncay stated the construction of a new wall must be in compliance with regulations set forth by various organizations.. He pointed out that there has been no new wall construction yet and the project has presently been halted. Mr. Oncay reviewed the Santa Clara Valley Water District's recommendations for the new wall. Mr. Oncay said he would be meeting with Mr. and Mrs. Foster regarding the options available to make the wall look aesthetically pleasing. 8. NEW BUSIHESS A. Oral communications (continued) and instructions to staff regarding aotions on current oral communications - None. B. Memo Authorizing Publicity for Upcoming Hearings City Council Minutes 7 October18, 1995 Mayor Jacobs recommended no further publicity concerning the ordinance relative to the radius of notification. He said the item was intended to be agendized for further discussion at an adjourned meeting and is scheduled for discussion at the next Council meeting. MORAN/TUCKER MOVED TO APPROVE THE RECOMMENDED PUBLICITY FOR THE ZONING ORDINANCE TO DEFINE "ENCLOSED STORAGE." PASSED 5-0. 9. ROUTINE MATTEAS: A. Approval of Minutes - 10/4~ 10/10 MORAN/BURGER MOVED TO APPROVE THE MInuTES OF THE 10/4 AND 10/10 MEETINGS A8 SUBMITTED. PASSED 5-0. B. Approval of Check Register BURGER/TUCKER MOVED TO APPROVE THE CHECK REGISTER AS SUBMITTED. PASSED 5-0. 10. CITY COUNCIL ITEMS A.Agenda items for adjourned regular meeting 10/24 1) Quarterly Program and Project Review a. Reports from Finance Director 1. Report on Final Results of FY 1994-95 Operations 2. Report on preliminary Results of operations for the 1st Quarter of FY 1995- 96 3. Report on Preliminary Financial Forecast for FY 1997-9S 4. Computer System and Computer Network Upgrade status Report b. Reports from CommUnity Development Director 1. Specific Plan Status Report on-saratoga Gateway (Saratoga-sun-~vale Rd. north of the railroad crossing) and southerly to Blauer~ status of planning Charette for this area. 2. Department Work Program Status 3. Development standards/Design Review Process Review Status a) Parking standards b) Fencing Regulations c) Design Review Process Changes d) Development Standards for Residential property e) Development Standards for Commercial Property f) chart and prepare, in straight- forward terms, an explanation of both the current residential development standards and the design review/development process c. Reports from Public Works Director 1. Interim Report on Privatization Study for Building Maintenance Operations 2. Route 85 Local Traffic Mitigation Status Report 3. Capital Improvements Plan Status Report d. Report from Recreation Director on Park System Development Status e. Report from City Manager on Economic Development Program Status f. Report from Councilmember TUcker on Youth Action Plan - Results of October 14 Town Hall Meeting g. New Topics for FUture Quarterly Reports 2) Radius of Legal Notification 3) Temmhuilding Session with Staff City Council Minutes 8 October lS, 1995 A discussion ensued 'regarding the October 24 Council meeting. Because of the conference held[ and the importance of all Councilmembers being in attendance, it was decided to begin the meeting at 7 p.m. and postpone the Teambuilding Session to November 7. B. Other Councilmember Wolfe reported on hiE~ attendance at the grand opening of the new Santa Clara County Children's Shelter. He stated that Saratoga was a contributor to the construction, and. a tile is displayed in the entryway in appreciation of their contribution. He presented a commemorative poster to Mayor Jacobs for display. Councilmember Tucker stated that. she felt there may be some misunderstanding out in the community about the signing of the initiative, and pointed out that they should be informed that there are forms' available in City Hall to complete if they change their minds about signing the initiative and wish their names to be removed from the list of supporters. Mayor Jacobs reported on the meetingof the Finance SubCommittee regarding the issue of compensation of city employees. He stated that the recommendations were for salary recommendations for restructing for new employees not existing employees. City Manager Peacock stated it would be appropriate to discuss the matter in closed session. 11. ADJO~%NMENT The meeting adjourned at 9:40 p.m. to 7:00 p.m. on Tuesday, October 24, at the Administration Meeting Room, 13777 Fruitvale Avenue. R~fu~ submitted, Elizabeth Ellis~/ Recording Secretary