Loading...
HomeMy WebLinkAbout03-06-1996 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, March 6, 1996 - 6:45 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting Interviews with Public Safety Commission Applicants 6:45 in Administration Conference Room, 13777 Fruitvale Avenue Councilmembers Burger, Moran, Wolfe and Mayor Jacobs were present. They interviewed Rosemary Dippel, Frank Lemmon, Belinda Heerwagen, and Larry Shen. The Council discussed the candidates. WOLFE/MORAN MOVED TO APPOINT ALL FOUR CANDIDATES. Passed 4-0. Pledge of Allegiance - Led by John Kolstad. 1. ROLL CALL The meeting was called to order at 7:30 p.m. Councilmembers Burger, Moran, Wolfe and Mayor Jacobs were present. Mayor Jacobs announced that Councilmember Tucker would arrive at about 8:00 p.m. Staff present: City Manager Peacock, City Attorney Riback and Public Works Director Perlin. 2. CEREMONIAL ITEMS - None. 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 March 1. 4, COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS John Kolstad, 13600 Westover Drive, said his term on the Public Safety Commission had just expired, and while he could not seek to serve another term there were some items he was still concerned about. One of those is the possibility of a light at Saratoga Avenue and Scotland. He summarized actions that had been taken in regard to the signal. He said Council will be meeting with the Public Safety Commission on March 12. He asked that Council 1) Get a statement from Larry Perlin as to what his recommendation is. 2) Request an accident report for that intersection from the Sheriffs Dept. 3) Look at the traffic consultant's report before going to the meeting. A number of citizens will attend the meeting. Ronald Cooke, 19263 Brockton Lane, presented a petition which had been ~igned by 231 residents who liveat Our Lady of Fatima, the Odd Fellows PlaZa and the California Odd Fellows Home, and.members of the Saratoga Area Senior Coordinating Council. He pointed out that the signatures had Ibeen collected by the seniors in the community. What they are asking for is to support them in their need for decent senior housing. Mr. Cooke read a letter stating his opposition to Measure G. He said he opposed it because it was socially immoral, it was unlawful legislation, and because of the extreme financial burden it may place on some of the homeowners in Saratoga. He said everyone wants to retain the semi-rural, low-density character of the community and existing neighborhoods. The issue is how the covenants of Measure G could be used to sabotage the right of any applicant coming before the Planning Commission. He said the text of the measure is ambiguous, the wording is devious and there are both technical and conceptual problems with the initiative. There will be 'litigation for 30 years. If Measure G can be used to block equal opportunity housing for the elderly of our community, it is immoral. If it precludes the City' s compliance with state-mandated housing rights, it is unlawful. If it threatens to decrease the value of single-family homes, it is a very expensive proposition. He said No on G Committee members believe that if community members read the literature that is available from the Committee and study the issue very carefully, they will vote no on City Council Minutes 2 March 6, 1996 Measure G. B. COMMUNICATIONS PROM !OMMISSIONS - None. C. WRITTEN COMMUNICATIONS - None. 5. CONSENT CALENDAR A. Previously-Discussed'. Items 1) Documents on Odd Fellows Project at 14500 Fruitvale Avenue heard 2/21/96 a) Resolution, making CEQA findings; Resolution approving . General Plan Amendment; Resolution approvlng CUP and Design Review b) Ordinance approving DeVelopment Agreement (second reading and adoption, waiving further reading) City Manager Peacock announced that written communications had been received from the following: · Chief of the Saratoga Fire District · Chairman of the Board of Commissioners of the Saratoga Fire District Linda Callon of Berliner Cohen representing the Odd Fellows (2 letters) · Law Office of William B. Ross, attorney for the Fire District Mr. Peacock said there is no information provided by these communications on an issue that was not discussed by the City Council at the public hearings on FebrUary 21. Councilmember Wolfe commented ithat the Council did study the issues thoroughly and that the plan in place was a well rounded one. WOLFE/BURGER TO APPROVE CONSENT CALENDAR ITEMS 5A(1), (a) AND (b), Resolutions 96-11.1, 96-11.2 and 96-11.3 and Ordinance 71-160. PASSED B. New Items 1) Planning Commission Actions, 2/28 - Note and file. 2) Youth Commission Minutes, 1/8 - Note and file. 3) Designation of City of Campbell to Act as Lead Agency under Section 15051 of CEQA Regulations for Preparation of Environmental Document Relatlng to Rubbish Disposal at Newby Island; Landfill 4 ) Approval of First Amendmeht to Second Amended and Restated Declaration Establishing a Plan for Condominium Ownership of Saratoga Parkslde Homeowners Association and AuthorizatiOn of City Manager to execute on Behalf of the City 5) Authorization of: Replacement of Vehicle #69 through State vehicle Program; Replacement of Vehicles #55, 63, 64, 65 and 72 by advance purchasing through State Vehicle Program; Disposal of Surplus Vehicles on Inventory : 6) Theater Re-Roofing Contract: Declaration of California Roofing Co. as low bidder; Award of Contract not to exceed $21,343; Authorization of change orders up to $1,657. 7) Approval of check Register Councilmember Burger requested the removal of Item 3. City Council Minutes 3 March 6, 1996 MORAN/WOLFE MOVED TO APPROVE THE CONSENT CALENDAR ITEMS 5B 1, 2, 4, 5t 6 AND 7. PASSED 4-0, In regard to Item 3, City Manager Peacock said Council at their last meeting had authorized him to begin negotiations with the Newby Island Landfill along with the other three cities and that portion of the County currently using Guadalupe and to prepare the environmental documentation relative to such a project. Since this is a multi- jurisdictional project, CEQA allows for the designation of lead agency so that jurisdictions do not have to duplicate efforts. Campbell has agreed to take the lead and their Community Development Department in working on the documentation with the consultant. This action would request that Campbell act as the lead agency on this project. BURGER/MORAN TO APPROVE CONSENT CALENDAR ITEM 5B 3. PASSED 4-0. C. CLAIMS AGAINST THE CITY 1) Claim of Fan Concerning sllde damage to real property MORAN/BURGER TO CONTINUE THE ITEM TO THE MEETING OF MARCH 20. PASSED 4-0, PUBLIC HEARINGS - None. 7.OLD BUSIMES8 - None. 8.MEW BUSINESS A. Oral Communications (continued) and instructions to staff regarding actions on current oral communications - None. B. Landscaping and Lighting District LLA-I: Resolutions initiating process to reauthorize for 1996-97 Director of Public Works Perlin reported on the proposal from Mr. He. indel, assessment engineer, to provide the services for the District. His report included a recommendation to enter into the five-year agreement. The only change that would happen this year is the detachment of Zone 13. He said the Engineer' s Report, if approved this evening, will return to Council on April 17. Public meetings will be held on May 15 and June 5. June 5 is the first budget session and when Council would adopt the assessments. WOLFE/BURGER TO ADOPT RESOLUTION 96-13 DESCRIBING IMPROVEMENTS AND DIRECTING PREPARATION OF ENGINEER,S REPORT FOR REAUTHORIZATION OF THE DISTRICT FOR FISCAL YEAR 1996-1997. PASSED 4-0. WOLFE/BURGER TO ADOPT RESOLUTION 96-13.1 APPOINTING ATTORNEYS FOR THE DISTRICT FOR FISCAL YEAR 1996-1997. PASSED 4-0. WOLFE/BURGER TO ACCEPT THE PROPOSAL FROM JOHN HEINDEL DATED FEBRUARY 12, 1996, TO PROVIDE ASSESSMENT ENGINEERING SERVICES FOR THE DISTRICT FOR FISCAL YEARS 1995-96 THROUGH 2000-01. PASSED 4-0, C. Memo Authorizing Publicity for Upcoming Hearings - HCDA and ... Human Services Grants~ Ordinance rescinding Landmark Status (McCarty House) BURGER/WOLFE TO APPROVE PUBLICITY AS RECOMMENDED. PASSED 4-0. 9. ROUTINE MATTERS A. Approval of Minutes - 2/13~ 2/21~ 2/27 BURGER/MORAN TO APPROVE THE MINUTES OF THE FEBRUARY 13, FEBRUARY 21 AND FEBRUARY 27 MEETING AS PRESENTED. PASSED 4-0. At 7:57 p.m., Councilmember Tucker arrived. 10. CITY COUNCIL ITEMS City Council Minutes 4 March 6, 1996 A. Agonda items for adjourned regular mooring 3/26 l) Budget Workshop~ ' sad [' ' 2) Submittal D l~ne for Correspondence on Agenda Items Councilmember Burger stated that she would like to talk about signs in windows. This will be discussed under the "Other" portion of the agenda this evening. Councilmember Moran suggested ~oving Item 2) into April. By consensus, Council agreed to devote the ,March 26 meeting to the budget and to begin at 6:00 p.m. The Financ~ Advisory Committee will be present. B. Request for ContlnuedAmicus Participation, City of Alhambra V. Ikemoto City Attorney Riback clarified that this action is necessary because the litigation is moving from Superior Court to Appellate Court and Council should continue its participation in this important litigation. He recalled for Council that this litigation is brought by the City of Alhambra which is contending that property taxes that the State diverted from cities and counties pursuant to legislation in 1992 is being used to fulfill the State's constitutional obligation under Proposition 98 to fund public.education and that this is a violation of the requirements that these local taxes be used for local purposes. MORKN/BURGER TO CONTINUE AMICUS PARTICIPATION IN CITY OF AnWS~IBRA V. IKEMOTO. PASSED 5-0. C. Appointment of one or two Councilmembers to serve on Recreation Facilities Priorities Task Force Councilmember Moran said she wa's willing to serve if Mayor Jacobs would act as an alternate. Councilmembers consented unanimously. D. Discussion of Public Safety Commission Appointments Mayor Jacobs said Council had met earlier in the evening and interviewed applicants for the Public Safety Commission. The appointment made will be announced after the individuals are notified tomorrow. E. Other Councilmember Burger said she had received more complaints about the proliferation of signs, neon and otherwise, in store windows. The City's ordinance is mute on that issue. She said she thinks the City is getting to a point where they are being overwhelmed and she would like to discuss the issue soon and perhaps introduce an amendment to the ordinance. Following discussion, it was agreed that the April 9 meeting with the Chamber of Commerce would be a good time to discuss the issue. Councilmember Wolfe said Ron Cooke had made an eloquent, prepared statement. He had notified Council that he would speak. Councilmember Wolfe said that while he agreed!with Mr. Cooke, he wanted the record to show that he would have been glad to hear anyone else who wished to speak on the issue, regardlesslof their position. Council should hear all sides of an issue if people wish to address them. Mayor Jacobs 'said proponents Of the measure had made their position known. Councilmember Tucker said she did not think Council meetings should be used as a election forum. Election forums could be held where issues could be debated. City AttOrney Riback said this matter is within the subject matter jurisdiction of the City Council and therefore the public does have the right to speak about it. City Council Minutes 5 March 6, 1996 Councilmember Wolfe said he just wanted the public to know that Council had not disallowed those on the other side of the issue from speaking. Councilmember Burger referred to Mr. Kolstad's oral communication, and said Council has the consultant's report regarding the Saratoga/Scotland signal, but it does not include an accident report. She said she would like an accident history for that corner for the meeting with the Public Safety Commission. Mayor Jacobs asked that Councilmembers provide suggestions or other information they might have as to the report to staff so it can be disseminated. City Manager Peacock said most of what Council would be talking about relates to what kind of decisions they want to make and how they will be placed into the budget process if there's money involved. Director of Public Works Perlin said the report does not contain estimates as to what the items contained in the report would cost. He said the final report will be sent to Councilmembers tomorrow because it contains corrections, clarifications and additional information relating to the traffic signal. Mayor Jacobs said it would be helpful if staff would provide cost estimates so Council can be in a position to make decisions as to budgeting. Director of Public Works Perlin said he would provide a report in matrix form showing the recommendations from the consultant, the Public Safety Commission and staff. Councilmembers agreed that having the consultant attend the meeting would be helpful. Councilmember Burger, as a member of the Tree Committee and on behalf of the City Council, thanked community, Council and staff members who took part in the inaugural tree planting Saturday. Fourteen trees were planted on Saratoga Avenue between the Library and Sacred Heart. She also thanked the Library and Argonaut Safeway for providing refreshments. City Manager Peacock announced that a planting would take place Friday morning, 9:00 a.m., on Prospect at the-Highway 85 overcrossing. Director of Public Works Perlin informed Council that there is about three weeks of work left on the Pierce Road bridge and that the work has been set back by the heavy rains. Councilmember Moran announced that Westmont High School would be participating in Net Day, the effort to wire the schools into the Internet. She invited members of the Council and community to assist. At 8:20 p.m., Mayor Jacobs adjourned to next meeting at 7:00 p.m. on Tuesday, March 12, at Administration Meeting Room, 13777 Fruitvale Avenue. Respectfully submitted, Roberta 1 Minutes Clerk