HomeMy WebLinkAbout06-10-1997 City Council Minutes ~INUTES
SAI~TO~A CITY COUNCIL
TIME:Tuesday, June 10, 1997 - 7:00 p.m.
PLACE: Senior Day Care Center, 19655 Allendale Avenue
TYPE: Adjourned Regular Meeting
1. Roll Call
The meeting was called to order at 7:02 p.m. Councilmembers Bogosian,
Jacobs, Shaw, and Vice Mayor Wolfe were present. Mayor Moran was
absent.
Staff members present: Interim City Manager Perlin, Recreation
Director Pisani, Deputy City Clerk Cory.
2. Report of City Clerk on Posting of Agenda
PUrsuant to Government Code 54954.2, the agenda for this meeting was
properly posted on June 6. The notice of adjournment from the June
4 Council meeting was properly posted on June 5.
3. Oral Communications from the Public on Non-Agendized Items -
None.
4. Youth Commission Interviews
The City Council interviewed all applicants.
'5. Discussion of Appointments to Commission
After discussion there was consensus to appoint Sheeva Ghassemi, Brian
Luskey, Sarah Adolphson, Sydney Cohn, Sam Kendall, Allison Chang,
Alexander Scordelis, ' and Candice Goodman to the commission. The
Council expressed appreciation to Tammy Ku, Elissa Wirt, and Kathi Zee
for participating in the interviews.
Recreation Director Pisani then reported on the status of the non-
profit foundation which was being organized to provide funds for the
Warher Hutton House. She noted that the foundation will probably
require a significant amount of her time in order to get a good start.
The City Council encouraged her to proceed with the organization of the
foundation.
Interim City Manager Perlin stated that the Council would officially
appoint the foundation board members by resolution. He will check with
the City Attorney to determine whether the Foundation would be subject
to the Brown Act.
ADDED TO AGENDA:
Mr. Perlin then brought up an item to be added to the agenda in
connection with an apparent problem with notification of two zones of
the Landscaping and Lighting District. He recommended that the Council
place a resolution on the agenda as an urgency item so action could be
taken.
JACOBS/BOGOSIAN MOVED TO PLACE THE LANDSCAPING AND LIGHTING DISTRICT
RESOLUTION ON THE AGENDA AS AN URGENCY ITEM. Passed 4-0.
Mr. Perlin stated that a survey had been conducted which indicated that
the mailing to zones 3 and 6 for the LLA-1 district may not have been
conducted properly. No ballots .had been received from those zones.
He proposed rectifying the situation by conducting separate proceedings
for the two zones. The proceedings would be initiated by passing the
resolution.
JACOBS/SHAW MOVED TO ADOPTRESOLUTION 97-11.3B SETTING A PUBLICMEETING
FOR JULY 2 AND A PUBLIC HEARING FOR AUGUST 6 FOR LLA-1 ZONES 3 AND 6.
Passed 4-0.
Since the appointed hour for discussion of Item 6 had not arrived, Vice
Mayor Wolfe proceeded to Item 8.
S. Self-Evaluation of Previous Meeting
City Council Minutes 2 June 10, 1997
Councilmembers discussed the meeting of June 4. Councilmember Jacobs
noted that the issue of creek setbacks had arisen and brought up the
question of whether the Planning Commission should change the rules
governing such setbacks.
Interim City Manager Perlin explained that there is a certain amount
of variation in creek setbacks, depending on the history of the
neighborhood, the easement required by the Water District, and other
factors.
Councilmember Bogosian recalled that when the R-OS zone was established
the creek setback was set at one hundred feet. He asked for a staff
report from the Planning Director on the issue.
There was consensus to request a short staff report at a public meeting
within a month or two. Mr. Perlin offered to include a map to show how
much territory is the responsibility of the Water District along each
creek.
Since the hour of 8:30 p.m. had arrived, Vice Mayor Wolfe proceeded to
Item 6.
6. Miller Avenue Traffic Issues
Interim City Manager Perlin reviewed the history of this issue, which
had gone on for a couple of years. He stated that the residents'
concerns are now more clear. They involve both speeding and traffic
volumes. When the Public Safety Commission reviewed this last May, Mr.
Perlin had recommended a working group be formed to study the issues.
That suggestion was rejected by the Commission. He noted that the City
Council had authorized a traffic calming study at Baylor, as a result
of which recommendations will be available in late July or early
August.
Mr. Perlin then projected various overhead transparencies. The first
showed a summary of traffic volume counts before Highway 85 was
completed and in the spring of 1995, several months after it was
completed. He noted that traffic on Miller north of Cox increased 41%,
while traffic on Miller south of Prospect increased only 5%. Traffic
on Cox west of Saratoga Avenue decreased 4%, while traffic on Prospect
decreased. He had no explanation for this anomaly and felt the 41%
statistic was questionable.
Elmer Szanto explained studies on traffic volume, speed and circulation
performed by the Miller Avenue Traffic Committee.
Carol Seiler stated her belief that traffic mitigation measures should
be used, such as signs prohibiting left turns during certain hours,
indentations in the roads, or speed bumps. She favored taking action
rather than doing any moresstudies.
Councilmember Jacobs pointed out that prohibiting left turns brings
complaints from residents who cannot get to their own streets. Speed
bumps or humps areunacceptable to public safety professionals because
of damage to their vehicles.
Mr. Szanto suggested speed bumps that would be narrow enough to allow
emergency vehicles to pass over them. Concerning Brookglen, he stated
that the residents of that street were allowed to divert traffic onto
Miller, so now Miller should be allowed to share some of its traffic.
Gene Craig spoke as a resident of Titus. He stated that construction
work at McAuliffe School had created many problems with noise and
increased traffic. Speeding has been a long-time problem on Titus.
He felt that Titus had more problems than Miller. He did not favor
speed bumps because they tend to increase speed.
Betty Jo Stewart stated that McAuliffe is a magnet school and brings
traffic from out of town. She believed it may become a year-round
school, so the traffic would be continuous.
Vice Mayor Wolfe commented that the City has no say about the design
City Council Minutes 3 June 10, 1997
Of schools.
Ms. Stewart mentioned that roundabouts had been tried, but did not
work.
Further discussion ensued concerning the merits of various types of
traffic and speed control which had been tried in Saratoga and other
locations, statistics showing the number of accidents on Miller, and
the role of Miller Avenue as an arterial street.
A number of residents felt that Miller Avenue was dangerous, with
either too many vehicles or too-great speeds. Visibility was also an
issue for some residents who lived in the serpentine areas or near
blind corners.
Captain Robert Wilson of the Sheriff's Department stated that Highway
85 has concentrated traffic in the area, and traffic finds the easiest
way to get through. He believed that if traffic were restricted on
Miller, it would go through other neighborhoods.
Councilmember Shaw stated that the problem would have to be solved by
studying possible solutions and applying them to the entire area
bounded by Saratoga-Sunnyvale Road, Saratoga Avenue, Prospect and Cox.
Councilmember Jacobs pointed out that there was not complete agreement
that a problem in fact exists, since the previous City Manager, the
Public Safety Commission, and the Public Works Director had expressed
doubts about the issue.
Mr. Perlin projected an overhead transparency of a speed survey
indicating various statistics, including that the 85th percentile of
speed was 32 miles per hour or less on Miller.
Mr. Szanto and George Bunyard took issue with the statistical sampling
method.
Captain Wilson stated that a recently-obtained radar trailer computer
which retains speed data will provide more reliable statistics.
Mr. Szanto explained the photo-radar system in Campbell, which provides
speed control as well as revenue for the city. He felt it might be
possible to join with another city to establish a comparable program.
Councilmember Wolfe pointed out that the voters of Saratoga had voted
down the Utility User Tax, indicating that greater revenue was not an
issue for them.
Frank Lemmon of the Public Safety Commission explained that the radar
trailer would not be conspicuous, so speeders would not slow down upon
seeing it. His concern was response time of emergency vehicles, since
a difference of a minute or two can be life-threatening in a medical
emergency.
Mark Stein felt the number of lives threatened in accidents might be
greater than those in medical emergencies.
Councilmember Bogosian felt we should look at the response times in
other cities which had traffic calming devices.
Kenneth Biester spoke as a member of the Public Safety Commission. He
noted that residents from different neighborhoods speak to the
Commission at almost every meeting asking for speed bumps and stop
signs. In most cases, including that of Miller Avenue, he believes
they are not warranted.
Mr. Perlin then stated he felt the solution lay in the traffic calming
study on Baylor. He suggested that the Council wait until it can be
determined if the traffic calming strategies work there. The
consultant in the Baylor study intends to slow speed and retain
residential values without pushing traffic problems onto other
neighborhoods. If this is successful on Baylor, some of it can be
applied to Miller, which closely resembles Bayler.
City Council Minutes 4 June 10, 1997
Mr. Perlin believed the Council could get the Baylor report in July or
early August. In the meantime, he could obtain a proposal for a Miller
study from the same consultant. Traffic calming can incorporate
aesthetic enhancements, which improve property values, as well as
engineering devices. It may be possible to obtain the proposal and
the results of the Baylor Study as soon as the August 12 adjourned
meeting. The City, of course, would need to pay for-the additional
study.
There was consensus for Mr. Perlin to obtain a proposal from the Baylor
consultant to perform a traffic calming study on Miller.
Vice Mayor Wolfe thanked the large number of residents for attending
and participating in the meeting.
7. Discussion of Council Review of Planning COmm~SSiOn Approve1 of
a second story addition to a home at 12181 Mellowood Dr. (DR97-
008)
Interim City Manager Perlin reviewed the staff report, noting that the
only decision to be made tonight is whether to bring the project up for
public hearing.
Councilmember Jacobs felt it is an unwritten policy that only items of
community-wide importance should be brought up. In matters of local
interest, the neighbors should file the appeal. He felt the Council
would do a disservice to the community and set a bad precedent by
giving someone, in effect, a free appeal.
Councilmember Shaw, however, felt the issue was a broad one. Basic
values were involved, such as neighborhood integrity and the character
of the neighborhood. Although a Planning Commission decision should
not be called up capriciously, this was important because when one two-
story addition is approved in a neighborhood, more tend to appear.
Councilmember Bogosian said that the review could be a starting point
for a consistent policy with what we want to do with our neighborhoods.
Mr. Perlin pointed out that if the project is called up, the Council
will be limited to discussing the issue at hand, not the broad issues.
Moreover, the Council would not have to call up the project in order
to deal with the .issue of two-story additions. If the Council does
have a concern about the design of this particular application, they
should call it up,
Vice Mayor Wolfe brought up the situation of the applicants, who had
already gone through an extensive hearing in the planning process. He
expressed concern both for the integrity of the process and the
feelings of the applicants. He feared they were being deprived of
their rights, contrary to the due process clause of the Bill of Rights.
Councilmember Jacobs stated that regardless of his opinion of the
design of the project, he feared calling it up could create a public
perception of political patronage given in return for political
support. The perception of fairness is necessary to maintain faith in
the system. He felt it was important that all citizens be treated
equally. He also noted that the required noticing would be at public
expense in this time when the staff is attempting to recover all costs.
Betty Jo Stewart stated the residents say they will not appeal because
the appeal fee is too high for individuals.
Marvin Becker said that there were two homeowners in the area who
wanted to put on a second story but did not because the difficulties
were too great.
After a discussion of the meaning of political patronage, Councilmember
Jacobs stated that whether the Commission was right or wrong on this
application, they have integrity, as does everyone else involved. It
is simply the perception of fairness that concerns him.
Mr. Metzler then spoke as the applicant, stating that he did not wish
to be a test case on the second-story issue. He felt his neighbors
C~ty Council a~nutos 5 ~une lO~ 1997
were not concerned about his particular house, but about prohibiting
second-story additions in the neighborhood. He pointed out that the
Council could ban two-story additions without calling up his
application.
Mrs. Metzler then stated they should be allowed to build their
addition. Mr. Metzler stated that they had redesigned the house three
times, and he was prepared to continue.
Councilmember Shaw stated he wished to look at the house with respect
to neighborhood compatibility.
SHAW/BOGOSIANMOVED TO CALL UP THE PROJECT FOR COUNCILREVIEW. (Clerk's
note: (Passed upon motion and second, since only two proponents are
required.)
Mr. Perlin stated the appeal would appear as a public hearing on the
July 2 Council agenda.
9. Agency Assignment Reports
Councilmember Shaw asked about the television cabling of the Senior Day
Care Center. Interim City Manager Perlin replied that they were
encountering some problems which he would explain further to the
Council.
Councilmember Bogosian reported that the State has some grant money
available to the Water District. He also reported that the Library
Expansion Committee was reviewing proposals from architects.
Mr. Perlin then stated there would be no Potpourri memorandum this
week, and that City Manager recruitment was proceeding apace.
10. Other
11. Adjournment
The meeting was adjourned at 11:00 p.m.
Respectfully submitted,
Interim City Manager