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HomeMy WebLinkAbout02-04-1998 City Council Minutes MInuTES BARATOGA CITY COUNCIL TIME: Wednesday, February 4, 1998 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting 7:30 - Pledge of Allegiance led by Councilmember Moran. 1. POLL CALL Councilmembers Jacobs, Shaw, Moran, and Mayor Wolfe were present; Councilmember Bogosian was absent. Also present were City Manager Perlin, City Attorney Riback, and Deputy City Clerk Cory. 2. CEREMONIAL ITEMS A. Resolution in Memo~ of Fr~ Dutro, late Heritage Preservation Commissioner MORAN/SHAW MOVED TO ADOPT THE RESOLUTION. Passed 4-0. Mayor Wolfe announced that the resolution would be transmitted to Mr. Dutro's family. B. Resolution appointing Charles Swan to Finance Commission SHAW/MOPa~N MOVED TO ADOPT RESOLUTION 98-03. Passed 4-0. C. Administration of Oath of Office to Mr. Swan Mayor Wolfe administered the Oath to Mr. Swan. D. Proclanation on Random Acts of Kindness Day MORAN/JACOBS MOVED TO APPROVE THE PROCLAMATION. Passed 4-0. Mayor wolfe presented the proclamation to Louise Webb. E. Proclamation on science Fair Week SHAW/MORAN MOVED TO APPROVE THE PROCLAMATION. Passed 4-0. 3. REPORT OF CITY CLERK ON POSTING OF AGENDA PUrsuant to Government Code 54954.2, the agenda for this meeting was properly posted on January 30. 4. COMMUNICATIONS FROM COMMISSIONS ~ THE PUBLIC A. ORAL COMMUNICATIONS - None. B. COMMUNICATIONS FROM COMMISSIONS - None. C. WRITTEN COM14~3NICATIONS 1) Letter from Cheriel Jensen requesting action on use of poisons for pest control City Manager Perlin reviewed his report, and Councilmembers discussed various means of dealing with the situation. City Attorney Riback stated he knew of no cities that regulated termite tenting. Councilmember Shaw suggested having the Public Safety Commission look into it. Councilmember Jacobs suggested communicating with contractors through the business license process. There was consensus to discuss at the joint meeting with the Fire Districts and the Public Safety Commission on February 10. 5. CONSENT CALENDAR City Council ~inutes 2 Pebruat~. 4, 1998 A. Previously-Discussed Items - None. B. New Items 1) Planning Commission Actions, 1/28 - Note and file. 2) Parks and Recreation Commission Minutes, 1/5 - Note and file. 3) Anti-Loitering Ordinance 71-172 (second reading and adoption) 4) Memo Authorizing Publicity for Upcoming Hearings - No hearings scheduled for 2/18. 5) Approval of Check Register 6) Amended City Financial Reports for Decembers a) Treasurerts Report - Receive and file. b) Investment Report - Receive and file. c) Financial Report - Receive and file. d) Quarterly Querz7 Creek Trust Account Report - Receive and file. 7) Approval of Tract 8979, s six-lot subdivision located at 13121 Saratoga-Su--yvale Rd, (KathzTn Kennedy, Owner) 8) Notice of Completion, 1997 Pavement Nanagement Program (O~Grady Paving) Councilmember Moran stated she had some questions about the amended financial reports which she would take up with staff. MORAN/SH~W MOVED TO APPROVE THE CONSENT CALENDAR. Passed 4-0. C. CL~IM~ AGAINST THE CITY - None. 6. PUBLIC HEARING8 - 8:00 pm. A. Presentation on Route 85 Noise Mitigation Study City Manager Perlin noted that this item was on the agenda at the request of the Council, and the study was on file and available to the public. He also noted that an anonymous letter objecting to freeway noise had been received. The public hearing was opened at 8:05 p.m. George Korbay, 13148 Anza Dr., spoke on behalf of the Freeway Noise Abatement Committee. He reviewed the history of the study and asked that improvements be undertaken. Victor Zuzeum, Senior Transportation Engineer at CalTrans, introduced Todd Busch from Acentech, consultants who prepared the noise study. Todd Busch, representing Acentech, explained the study and answered Councilmembers~ questions. Joan Nirshkowitz, 19364 Shubert Court, spoke on behalf of the Freeway Noise Abatement Committee. She urged that all four mitigation measures be implemented on a test corridor now. Sheryl Abbott, 12271 Saraglen Dr., said the freeway was still loud in spite of her 16-foot soundwall and requested resurfacing. Councilmember Jacobs pointed out that the City Council cannot itself take action, but can urge CalTrans to do as much as possible. John Grebenkemper, 19490 Miller Court, stated that the report ignores the refraction effect~ he questioned assumptions about background noise Cit~ Council ainutes 3 Feb~uar~ 4# 1998 and stated the ratio of wall height to width was improperly designed even though CalTrans knew of the negative impacts of this. Karen Anderson, 19887 Sea Gull Way, spoke on each abatement measure. She favored resurfacing the road and stated people adjacent to soundwalls should have the barrier height they want. She also favored sound-absorptive material on the walls and using political power to accomplish the Council~s objectives. Karen Tucker, 13645 Riverdale Dr., asked that the Council move forward with recommendations. Cheriel Jensen, 13737 Quito Rd., questioned ambient noise level readings. She also said repaying would reduce vibrations; she favored raising the height of the soundwalls with glass. She felt freeway noise is both a health and aesthetic issue. John Lundell, 18951 Ansley Place, spoke as a member of the Good Government Group, noting the Group encouraged the Council to require at least repaying. Be also asked about the cumulative sound-reduction effect of implementing more than one mitigation measure. Ray Froess, 20225 Ljepava Dr., questioned certain aspects of the study and encouraged Council to use their weight with political representatives. Marcia Fariss, 18983 Saratoga Glen Place, spoke as an audiologist, saying that a sound reduction of 3 dB is barely perceptible and not cost-effective, so the minimum reduction should be 10 dB. Meyer Levy, 13126 Anza Dr., asked what CalTrans thought of glass soundwalls as used in Paris. Bob Karlack, 13000 Anza Dr., explained noise readings he had taken. He stated that readings along Hwy. 85~s five lanes of concrete are 4 dB louder than on Bwy. 17~s ten lanes of asphalt and were higher than predictedby CalTrans. The public hearing ended at 9:00 p.m. Councilmember Moran asked that Mr. Busch address the questions of glass walls, car density, and cumulative effects of several mitigation measures. Mr. Busch explained technical questions and the various mitigation measures in further detail. Ramon Nugent, also of Acentech, explained maintenance issues to be considered in building a Plexiglas wall. Mayor Wolfe pointed out that the French Transportation Department had apparently considered those issues, and we should get the answers from them. Concerning the cumulative effect of mitigation measures, Mr. Busch stated that removing the freeway completely would reduce the sound by 14 dB~ implementing all the mitigation measures might reduce it by 7 dB. Concerning refractivity, he said that no computer model was available on which to base estimates. Concerning pavement surface, he said asphalt would be less noisy than concrete. Herb Brenlon, 19656 Needham Lane, said the road noise is not as bad as when the freeway opened, but the engine noise has increased because the speed increased. He favored reducing the speed and resurfacing the concrete. Cheriel Jensen said the concrete vibrates at a high frequency near the frequency of speech, so it interferes with speech. Mr. Zuzeum explained concerns about acrylic walls with which CalTrans had experimented. Although conditions in France are different from those in the U.S.A., he felt any i~formation from the French might be useful. ~ City Council Minutes 4 Februaz7 4, Xgg8 Art Lesser, Industrial Acoustics Co., stated that the product referenced in the report is manufactured by IAC, and his company has done work for transportation agencies. No one further from the public appeared to speak. Councilmember Jacobs pointed out that the purpose of the hearing was simply to receive the report of the consultant, and the power of the City was limited. If they wished to lower the speed limit on Hwy. 85, they would have to get consensus from the other cities. There was consensus to communicate with Assemblyman Cunneen and State Senator Sher that we want to discuss this issue at the legislative breakfast meetings with them in March. Copies of the letters will go to the to Freeway Noise Abatement Committee and officials of surrounding cities. 4. A. Oral Communications (continued) and instructions to staff regarding actions on current oral communications - None. 7. OLD BUSINESS - None. 8. ~ BUSINESS A. Massage Ordinance (first reading) City Attorney Riback reviewed the report, noting that the proposed ordinance was more rigorous than the current one and giving details on implementation. He stated that the stakeholders had been informed of the amount of the new fees. MOI~AN/SHAW MOVED TO INTRODUCE THE ORDINANCE BY TITLE ONLY, WAIVING FURTHER READING. Passed 4-0. City Manager Perlin noted that the ordinance would be considered for adoption at its second reading on February 18. A resolution amending the fee schedule will also be presented at that time. ROUTINE MATTERS A. Approval of Minutes - 1/21~ 1/27 JACOBS/SHAW MOVED TO APPROVE THE MINUTES OF 1/21. Passed 4-0. JACOBS/SHAW MOVED TO APPROVE THE MINUTES OF 1/27. Passed 4-0. 10. CITY COUNCIL ITEM~ A. Delegate and Alternate for ABAG General Assembly Meeting There was consensus for Councilmember Moran to serve asdelegate and Mayor Wolfe, as alternate. B. Location of City Council Retreat March 14 There was consensus to direct the staff to investigate various options for the retreat location. C. agenda items for joint meeting with Sheriff, Saratoga Fire District, County Fire Department, and Public Safety commission February 10 -- In addition to items suggested by staff, termite tenting and review of staff restructuring will be added to the agenda. B. Other Area Code SPlit: There was consensus to prepare a letter of protest about the proposed split of Saratoga into two different area codes, to be signed by the Mayor. Seminar: Councilmember Moran reported that there would be a seminar city coun~l ~Lnu~es 5 Pebrua~, 4, ~998 on "Why People Don't Trust Government" sponsored by the County Cities Association. City Manager Perlin stated he planned to attend. Electric Vehicles: Councilmember Shaw asked about a funding opportunity for electric vehicles used for fuel conservation. City Manager Perlin responded that the City is using natural gas vehicles because the technology for electric vehicles has proved disappointing. C-Span Bus: Mayor Wolfe reported that the C-Span bus would be in Saratoga on February 10. PG&E: Councilmember Jacobs noted that severe storms and winds were expected and asked if a contact person from PG&E was prepared to be on hand to assist. City Manager Perlin replied that Jorge Alleyne of PG&E had assured him that he would be available. Mayor Wolfe pointed out that the existence of the contact person was due to Councilmember Jacobs' efforts when he had been mayor. Phone Outaqe: City Manager Perlin noted that the telephones to City facilities had been out of order for several days because of damage to the power supply but should be repaired by noon tomorrow. He said he was working on ways to improve the emergency phone system so the problem would not recur. 11. ADJOURNMENT The meeting was adjourned at 10:23 p.m., in memory of Frank Dutro, to next meeting at 7:00 p.m. on Tuesday, February 10, at the Adult Care Center, 19655 Allendale Avenue. Respectfully submitted, Deputy City Clerk