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HomeMy WebLinkAbout06-01-1988 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, June 1, 1988 PLACE: Civic Theater, 13777 Fruitvale Avenue, Saratoga CA TYPE: Regular Meeting 1. ROLL CALL: Mayor Peterson, Councilmembers Anderson, Clevenger, Moyles present at 7:37 P.M; Councilmember Hlava present at 8:10 P.M. 2. CEREMONIAL ITEMS: None. 3. ROUTINE MATTERS A. Approval of Minutes: Meetings of May 18, 1988 and May 24, 1988 Councilmember Moyles asked that under City Council Items, sentence amended to state that the appeal on the Route 85 Freeway agreement was pending." Councilmember Anderson asked that Councilmember Moyles be listed as reporting on the Traffic Authority. MOYLES/CLEVENGER MOVED APPROVAL OF MINUTES OF MAY 18, 1988, AS AMENDED AND MINUTES OF MAY 24, 1988, AS PRESENTED. Passed 4-0-1, Council- member Hlava absent. B. Approval of Warrant List: MOYLES/ANDERSON MOVED APPROVAL OF THE WARRANT LIST. Passed 4-0-1, Councilmember Hlava absent. C. Report of City Clerk on Posting of Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on May 27, 1988. 4. CONSENT CALENDAR: A. Planning Commission Actions, May 25, 1988, - Noted and flied. B. Heritage Preservation Commission Minutes, May 4, 1988, - Noted and fried. C. Library Commission Minutes, May 25, 1988, - Noted and filed. D. Community CATV Access Board Meeting Minutes, May 17, 1988, - Noted and filed. E. Community Access CATV Foundation Policy Document, Bylaws and Proposed FY 1988-89 Budget P. Res. 2486 establishing standards and requirements for insurance coverage to implement Ordinance 71.45 adopted May 18, 1988 G. Reallocation of FY 1988/89 Housing and Community Development Act Funds H. Authorization for advertising for bids for reconstruction of Fruitvale Avenue under Pavement Management Program I. Final Map Approval, AD 88-004, Sobey Rd. (B. Borthwick, developer) Councilmember Moyles removed Consent Calendar Item A. Councilmember Anderson removed Consent Calendar Item E. MOYLES/ANDERSON MOVED APPROVAL OF THE BALANCE OF THE CONSENT CALENDAR. Passed 4-0-1, Councilmember Hlava absent, MEETING OF THE CITY COUNCIL Page JUNE 1, 1988 CONSENT CALENDAR Continued s Councilmember Moyles commented on Planning Commission Actions, 15., that denial of _ SDR-1590.2, Liccardo Application, was an exlxaordinary action on the part of the Corn- mission. The City routinely granted extensions and he questioned withholding a courtesy granted to others; however, he acknowledged that he did not have the Minutes to review. It was of concern to him that policy established by the City Council was being frustrated, MOYLES/CLEVENGER MOVED TO ACCEPT CONSENT CALENDAR ITEM A. Passed 4-0-1, Councilmember Hlava absent. Councilmember Anderson questioned Item E. Saratoga Community Access CATV Foundation Free Speech Messages and Opinions: she was concerned regarding equal access to all pax~ies. Councilmember Moyles felt that the challenge would be when CATV was approached by hate groups disseminating racist information; he noted legal challenges to prohibiting such messages. The City Attorney suggested an amendment of the document, HI. Program/Cablecast Policy. A. General, second paragraph, add a period "...and fairness." Delete remainder of sentence. MOYLES/CLEVENGER MOVED TO ACCEPT CONSENT CALENDAR ITEM E. AS AMENDED. Passed 4-0-1, Councilmember Hlava absent. 4. CONSENT CALENDAR - CLAIMS: A. Claim for indemnity in case of S. A. Young traffic accident presented by San Jose Water Co. MOYLES/CLEVENGER MOVED TO DENY CLAIM OF ' SAN JOSE WATER COMPANY. Passed 4-0-1, Councilmember Hlava absent. 5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC: A. Oral Communications from the Public and Commissions Mr. Bill Carlson read into the record the letter of the Blossom Festival Committee of May 25th; Ms. Marilyn White provided information on the requested closure of a portion of 4th Street. CLEVENGER/MOYLES MOVED TO PLACE THE REQUEST OF THE BLOSSOM FESTIVAL COMMITTEE ON THE AGENDA. Passed 4-0-1, Councilmember Hlava absent. Councilmember Anderson asked that the street closure be posted a sufficient distance from the location to prevent confusion and traffic impacts; the City Manager concurred. ANDERSON/CLEVENGER MOVED TO ALLOW CLOSURE OF A PORTION OF 4TH STREET ON JUNE 4 AND 5, 1988, PENDING APPROVAL BY THE CITY ENGINEER. Passed 4-0-1, Councilmember Hlava absent. B. Written Communications from the Public - None. Mayor Peterson proceeded to Public Hearings. 8. PUBLIC HEARINGS A. Appeal of Planning Commission denial of design review of new 622 square foot addi- tion to a single family dwelling at 20601 Lomita Ave. in the R-l-10,000 zoning district pursuant to City Code Article 15.45 (Appellant/applicant, Westbrook) (DR 87-114) Planning Director Hsia presented the Memorandum to the City Council of June 1, 1988. The Public Hearing was opened at 8:05 P.M. Mr. Ernie Westbrook, Appellant, reviewed the history of the Application and noted his efforts and that of his architect to address concerns raised by the Commission. He cited the positive response received to the plans presented at the Study Session of January 5, 1988; however, the Commission denied the Application April 13, 1988. MEETING OF THE CITY COUNCIL Page JUNE 1, 1988 PUBLIC HEARINGS Continued Ms. Marion Wallof, 14771 Aloha Ave., Saratoga, cited concerns as follows: Cited the length of the roof line, size and height of the construction proposed Noted view impacts from her mar yard Stated that Staff felt that other design options were available to the Appellant MOYLES/CLEVENGER MOVED TO CLOSE PUBLIC HEARINGS AT 8:16 P.M. Passed 5-0. Councilmember Anderson felt the proposed addition was too intense a use for the site. She suggested consideration of stepping down the addition; such might be morn acceptable to the neighbor. The second unit over the garage also impacted this neighbor. Councilmember Hlava noted that any addition would overbuild the lot. In the absence of the existing landscape screening, the length of the house would be very visible to the neighbor. The addition proposed was too bulky for the lot and the pemeption of bulk too Feat. Councilmember Clevenger concurred with the concerns raised. Mayor Peterson cited the existing square footage on the lot and concurred with the above. HLAVA/ANDERSON MOVED TO UPHOLD THE DECISION OF THE PLANNING COMMISSION, DENYING THE APPEAL. Passed 5-0. Councilmember Anderson noted concern that the Appellant thought that plans submitted at the Study Session were acceptable to the Commission and would be approved at a Public Hearing. Councilmember Moyles also was concemed that an Applicant relied bn direction given and the outcome was unsatisfactory; however, such was not the basis for project approval. Mayor Peterson returned to Old Business. 6. OLD BUSINESS A. Discussion of Funding for Tanner Program for Hazardous Waste The City Manager reviewed the Letter from the Intergovernmental Council and the 50/50 Plan. Councilmember Hlava was favorable to participation in the 50/50 Plan, provided other cities participated. She felt that the cost was relatively litfie in comparison with benefits received, namely, reliance on the County for hazardous waste plannincj;she noted the reluctance of the City to staff such a project nor would the amount assessed cover the costs of such a project. Councilmember Clevenger agreed, noting the good will generated by the City's participation. MOYLES/t-ILAVA MOVED TO AUTHOR r7~ THE CITY MANAGER TO PAY COSTS AS- SESSED PROVIDED OTHER CITIES PARTICIPATED IN THE 50/50 PLAN. Passed 5-0. B .' Design Development Contract for Civic Center Master Plan - HED Architects The City Manager reviewed the Report of May 27, 1988; he added that minor changes were required in the Contract Agreement with the Architect. CLEVENGER/MOYLES MOVED TO DIRECT THE CITY MANAGER TO EXECUTE AN AGREEMENT ON BEHALF OF CITY ON APPROVAL BY CITY A'FFORNEY AS TO FORM. Passed 5-0. C. Resolution 2487 MTC Area Freeway Telephone Network Resolution The City Manager reviewed the Report to the City Council of May 27, 1988. CLEVENGER/HLAVA MOVED TO ADOPT RESOLUTION 2487 ESTABLISHING A SERVICE AUTHORITY FOR FREEWAY EMERGENCIES IN SANTA CLARA COUNTY. Passed 5-0. MEETING OF THE CITY COUNCIL Page JUNE I, 1988 OLD BUSINESS Continued D. Selection of Customer Service Program Trainer The City Manager reviewed the Report to the City Council of May 27, 1988. Councilmember Hlava asked that the Council be involved in the Program as appropriate. HLAVA/ANDERSON MOVED TO ACCEPT THE PROPOSAL OF THE CENTER FOR EXCELLENCE AND AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREE- MENT WITH THE CENTER FOR EXCELLENCE TO PERFORM WORK CONTAINED IN ITS PROPOSAL DATED JUNE 13, 1988. Passed 5-0. E. Report on Surplus Property Sale The City Manager reported on the recent surplus property sale. HLAVA/ANDERSON MOVED TO PLACE THE H.P. 125 COMPUTER BACK INTO SERVICE BY THE MAINTENANCE DEPARTMENT FOR THE TRACKING OF INVEN- TORIES AND MAINTENANCE OF RECORDS ON THE PAVEMENT MANAGEMENT PROGRAM'AND AUTHORIZE THE SALE OF THE REMAINING ITEMS AT 40% OR LESS OF THE MINI1VIUM PRICE PREVIOUSLY SET, WXTPI ANY REMAINING ITEMS TO BE GIVEN TO CHARITY. Passed 5-0. 7. NEW BUSINESS A. Report on Publicity for Upcoming Hearings-Grens/Kohler Appeal of Cocciardi Project CLEVENGER/HLAVA MOVED TO ACCEPT STAFF RECOMMENDATION. Passed 5-0. B. Public Safety Commission Report on Vandalism Councilmember Hlava questioned the "Action Items" listed in the Report. Consensus reached to accept the Report and direct the Public Safety Commission to review the Action Items. C. Agreement on Site Area of Pierce Rd. Bridge The City Manager presented information on the proposed Agreement to widen the bridge and finalize the design; he asked that this Item be placed on the Agenda for consideration. ANDERSON/MOYLES MOVED TO PLACE THE AGREEMENT ON SI~E AREA OF PIERCE ROAD BRIDGE ON THE AGENDA. Passed 5-0. The City Attorney confumed that consideration of the Agreement was urgent. MOYLES/ANDERSON MOVED APPROVAL OF THE AGREEMENT ON SILl7 E AREA OF PIERCE ROAD BRIDGE. Passed 5-0. 9. CITY COUNCIL ITEMS: A. Reports from Individual Councilmembers Mayor Peterson welcomed visitors from Japan Councilmember Clevenger reported on West Valley Sanitation District and outcome of complaints made by a citizen at the May 18, 1988, Council Meeting Councilmember Anderson reported meeting citizens from the Sister County for Santa Clara County, Florence, Italy. The meeting of the City Council was adjourned at 8:5] P.M. to Closed Session. Respectfully submitted, Carol A. Probst-Caughey Recording Secretary