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Home My WebLink About11-01-1995 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, November. 1, 1995 - 7:30 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 Burger, Moran, Tucker, Wolfe, and Mayor Jacobs were present. Staff Present: city Manager Peacock, Public Works Director Perlin, City Attorney Riback. 2. CEREMONIAL ITEMS - None. 3. REPORT OF CITY CLERK ON POSTING OF AGENDA The city clerk reported that pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on October 27, 1995. 4. COMMUNICATION8 FROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS (limited to 15 minutes) Mr. Jeffrey Schwartz said he had two items to talk about. He referred to Ms. Eileen Dennis' letter asking Council to censure Councilmember Wolfe for rude and inappropriate.behavior. He said he had had the same experience while collecting signatures for the initiative petition. His second concern was in regard to the political sign ordinance. He asked why council would restrict political signs when the current ordinance' is not enforced. Councilmember Tucker said the ordinance does not restrict signs on front lawns, and Councilmember Burger.said there had been considerable discussion on the ordinance. Councilmember Wolfe said this was not the appropriate time to debate the issue and said Mr. Schwartz was in error on every point. Mr. Schwartz asked if it were appropriate for Councilmembers to make such statements as Councilmember Wolfe had. Mayor Jacobs stated that the public had the opportunity to speak for three minutes and Councilmembers should not be denied the same right. He agreed that this is not the time to discuss the ordinance and whether or not it is enforced. B. CONI~UNICATION8 FROM COMMISSIONS 1) Bobbi Capozza, resigning from Hakone Foundation Board of Trustees MORAN/TUCKER MOVED TO ACCEPT THE RESIGNATION WITH REGRET AND TO DIRECT STAFF TO PREPARE THE APPROPRIATE COMMENDATION. PASSED 5-0. C. WRITTEN COMMUBICATION8 1) Letter from County Emergency Preparedness Council requesting appointment of representative to EPC Operational Area Subcommittee MORAN/TUCKER TO APPOINT THE CITY MANAGER TO REPRESENT THE CITY OF SARATOGA ON THE COUNTY EMERGENCY PREPAREDHESS COUNCIL OPERATIONAL AREA SUBCOMMITTEE. PASSED 5-0. 5. CONBENT CAIaNDAR A. Previously-Discussed Items 1) Ordinance amending Chapter 15-30 of the city Zoning Ordinance relating to standards for the placement of tempcral-] signs in Commercial Zoning Districts (second City Council Minutes 2 Novanberl, 1995 reading and adoption,' waiving further reading) TUCKER/MORAN TO CONDUCT SECOND READING AND ADOPTION OF ORDINANCE 71- 153, WAIVING FURTHER READING, PASSED 5-0, 2) Ordinances amending the. sections of Saratoga's Subdivision and Zoning Ordinances listed as a) and b) below. Those a~snd~ents are intended to correct areas of the Subdivision and Zoning Ordinances which have become burdensome or outdated and/or to clarify current. definitions. (AZO-g5.-001 a and b) (second reading and adoption, waiving further reading) a) ~cle 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. WOLFE/BURGERTO CONDUCT SECOND KEADXIgGANDADOPTION OF ORDINANCES 71- 154 AND 71-155, WAIVING FURTHER READING, PASSED 5-0. B. New Items 1) Planning commission Actions, 10/25 - Note and file. 2) Youth Commission Minutes, 9/11 - Note and file. 3) Finance Committee Minutes, 7/10~ 8/7~ 9/11 - Note and file. 4) Resolution 95-4S initiating Weed Abatement Process 5)- Authorization to Purc]~ase Replacement Vehicle 6) Final MapApproval, 8D 90-003 (28 lots), 12297 Garatoga- Sunnyvale Rd. (Saratoga courtyards, LLC) BURGER/MORANTO APPROVE CONSENT C~LE}~AN ITEMS I SOUGH 5. PASSED S- C. CLAIMS AGAINST THE CITY - None. 7. OLD BUSIMSSS A. Award of construction ContraCt, Gunland Park Landscape Improvements City Manager Peacock presented the staff report. MORAN/TUCKER TO DECLARE LONE STAR LANDSCAPE, INC. THE LOW BIDDER. PASSED S-0. MORAN/BURGERTOAWARDTHE CONTRACTTeL ONE 8TAR LANDSCAPE, INC. IN THE AMOUNT OF $64,569. PASSED 5-0. MORAN/TUCKER TO AUTHORIZE CHANGE CINDERS UP TO $5,000. PASSED 5-0. Councilmembers thanked staff, and Mayor Jacobs commented that this is a good example of what can be accomplished when neighborhoods and staff work together. 8. NEW BUSINESS A. Oral Communications (continued) and instructions to staff regarding actions on curre:~t oral communications Mayor Jacobs addressed Mr. Schwartz':s motion to censure Councilmember City CoUncil Minutes 3 Nov~-~erl; Xgg5 Wolfe and said the motion was not in order. Re said his past experience was that Mr. Schwartz has always felt he can speak out strongly and Council members have the same right.- He said he did not agree with Mr. Schwartz. Councilmember Burger agreed with Mayor Jacobs and Councilmember Wolfe said he appreciated their support. He said he had mentioned to Ms. Dennis at the previous meeting that he was speaking to Mr. Schwartz and had apologized if he offended her. B. Selection of Consultant to Prepare a Commercial Marketingand Recruitment Plan City Manager Peacock presented the staff report. Councilmember Tucker thanked Councilmember Wolfe and said she was impressed with the enthusiasm of the consultant chosen. BURGER/TUCKER TO APPROVE THE 8ELECTION OF DOWNTOWN REVITALIZATION CONSULTANTS. PASSED 5-0. BURGER/MORAN TO AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGXEEMENT TO PEI~FORM THE WORK AT A COST NOT TO EXCEED $15~000. PASSED 5-0. Mayor Jacobs moved the agenda back to Item 6A. 6. PUBLIC HEARINGS - 8:00 p.m. A. Ordinance amending the Zoning Ordinance to change the radius of notification required for public hearings. An environmental Negative Declaration has been prepared for this project. City Manager Peacock said that no action was required; on October 24, 1995, the City Council directed that this item be tabled. B. Ordinance amending the Zoning Ordinance to define "unenClosed storage." An environmental Negative Declaration has been prepared for this project. City Manager Peacock presented the staff report and answered questions from Councilmembers. Re said the ordinance restricts fences to 6 ft. in height with certain exceptions which did not apply to screening of tall RV's. He said this concern and the solidity of walls would be issues considered during enforcement. He said the primary focus oft he ordinance was screening objects in the exposed front or side yard setback areas. City Attorney Riback said the rest of the ordinance addresses some of the concerns expressed by Councilmembers regarding the amended portion. Mayor Jacobs opened the public hearing at 8:10 p.m. No one wished to speak and the public hearing was closed. TUCKER/MORAN TO APPROVE THE NEGATIVE DECLARATION. PASSED 5-0. TUCXER/MORANTO INTRODUCE THE ORDINANCE BY TITLE ONLY, WAIVING FURTHER READING. PA88ED 5-0. Mayor Jacobs returned the agenda to Item 8C. C. Budget Resolution providing funds for Pierce Road Bridge Replacament; Congress Springs Park Play Structure; Tract 6701 Repairs (Damon Lane Landslide Repair); Quarry Creek Storm Damage Repair; warner Hutton Rouse Improvements city Manager Peacock presented the staff report. Public Works Director Perlin answered questions from Council regarding the late invoice for the additional work done on Tract 6701 Repairs. He also answered questions about the Hillside Dev. Repair fund and said the fund is growing as interest accrues and as building permits are issued. In regard to the Pierce Road bridge replacement, he told Council that he would be bringing to the November 7 meeting information and pictures City Council Minutes 4 November 1, 1995 of covered bridges designs that might work in that location. MORAN/WOLFE TO ADOPT ~ESOL~TION 95-30.05 APPROVING FUNDS FOR PIERCE ROAD BRID~E ~XPLACEMENT~ CONGEE88 8PRINt8 PARK PLAY 8TRUCTURE~ TRACT 6701 REPAIR~ (DAMON LANE LANDSLIDE REPAIR); QUARRY CREEK STORE DAMAGE REPAIR~ AND WARNEE nu~'x~N HOUSE IMPROVEMENTS. PASSED 5-0. D. Resolution authorizing Participation in ABAG Power Purchasing Pool City Manager. Peacock presented the staff report. He said ABAG is exploring the possibility of participating cities receiving lower rates. Councilmember Tucker pointed out thatthe agreement will expire if the City rejects the rates. TUCKER/BURGER TO ADOPT RESOLUTION 9!3-49 AU~ORIZlNG PARTICIPATION IN ASAG POWER PURCHASING POOL. PASSED 5-0. E. Memo Authorizing Publicity for ~pcoming Hearings City Manager Peacock presented the staff report. He said the construction community is aware of the proposed changes as they have been involved in the process. MORAN/TUCKER TO APPROVE THE PUBLICITYAS RECOMMENDED. PASSED 5-0. 9. ROUTINE MATTERS At 8:25 p.m., the City Attorney was excused. A. Approve1 of Minutes - 10/14~ 10/18~ 10/24 ~ MOrAN/WOLFE TO APPROVE THE MINUTES A8 SUBMITTED. PASSED 5-0. B. Approval of Check Register BURGER/MORANTO APPROVE THE CHECK RE.3ISTER. PASSED 5-0. Councilmember Moran asked staff to Ireport back regarding the $30,000 refund deposit check listed on page 2 of the register. 10. CITY COUNCIL ITEMS A. Ageride items for adjourned regular meeting 11/7= 1) Closed Session on Negotiations - 6:30-7:00 2) Update on 1995-96 Budget fromFinance AdvisoryCommittee based on 6/30/95 Final Results - 7:00-8:30 3) Route 85 Noise - 8:30-9:30 4) Self-Evaluation of 10/18 and 11/1 meeting 5) Committee Reports Th~ following items were added: Quarterly report regarding regional water quality. °. Covered bridge information (Pierce! Road). city Manager Peacock said the labor negotiator could be present during the first item. B. Other councilmember Tucker reported that the West Valley Sanitation Board had appointed her as alternate to Jim Beall. Councilmember Wolfe said that Issues Today, the TV show he hosts, will be running on Tuesday at 7:00 p.m. on Channel 6. He also showed other Councilmembers a sample of the City's pin that he had received from one City Counoll Minutes 5 Novenber 1, Xgg5 of the vendors at the League of California Cities conference. 11. ADJOURNMENT TUCKER/MORAN TO ADJOURN AT 8:40 P.M. TO 6:30 P.M. ON TUESDAY, NOvFd{BER 7, AT THE ADMINISTRATION MEETING ROOM, 13777 FRUITvALE AVEnue. Respectfully submitted,