Loading...
HomeMy WebLinkAbout04-02-1997 City Council Minutes MI~o~B SARATOGA CITY COUNCIL TIME: Wednesday, April 2,. 1997.-7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting 7:30 - Pledge of Allegiance - Lad by Kenneth B. Wilton 1. ROLL CALL Councilmembers Present: Vice Mayor Wolfe, Councilmembers Bogosian, Jacobs and Shaw. Councilmembers Absent: Mayor Moran (representing Saratoga in Sister City in Japan). Staff Present: Acting City Manager Perlin and City Attorney Riback. 2. CEREMONIAL ITEMS A. Proclamations commending Allen Breed and Donald Lesser for their service on the Hakone Foundation Board of Trustees No one was present to receive the proclamations. B. Resolution appointing Nancy Lesser and Ronald Duffin as Rakone Foundation Trustees Vice Mayor Wolfe announced that the appointees were not present. 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 March 28. 4. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS Darwin Barrett, 14050 Marilyn Lane, spoke about a problem he said had been brought to the Public Safety Commission a year ago. The problem was excessive traffic and pollution at peak weekday hours caused by people using Ringwood Drive as a shortcut to Marshall Lane School. He said this is a neighborhood street and to date no changes have been made even though the Public Safety Commission had looked at the petitions signed by neighbors. He said they want gates installed and that there had been a precedent in San Marcos Heights. Mr. Barrett said the neighbors had met with representatives from the Sheriff's office and the school, and they have done nothing. Councilmember Bogosian requested that Councilmembers be given a transcript from the Public Safety meeting in their next packet, as he believed they should follow through. Geraldine L. Barrett, 14050 Marilyn Lane, said she would like to address the same problem. She expressed outrage at the school's plan to have a little league field on school property because it would increase the congestion and traffic. She read from a petition from Neighbors of Marshall Lane School and said they need help from the City. B. COMMUNICATIONS FROM COMMISSIONS - None. C. WRITTEN COMMUNICATIONS - None. 5. CONSENT CALENDAR A. Previously-Discussed Items 1) Resolution granting Appeal of Pinn Bros. Project heard 3/19 City Council Minutes 2 .AprlI 2, 1997 2) Resolution denying Appeal of Argonaut Shopping Center heard 3/19 SHAW/BOGOSIAN TO APPROVE RESOLUTION NO. 97-16 GRANTING THE APPEAL ON THE PINN BROS. PROJECT AND RESOLUTION NO. 97-17 DENYING AN APPEAL ON THEARGONAUT SHOPPING CENTER PROJECT. PASSED 3-1 (COUNCILMEMBER JACOB8 VOTING NO). B. New Items 1) Planning Commission Actions, 3/26 - Note and file. 2) Youth Commission Minutes, 1/6 - Note and file. 3) Finance Advisory Committee Minutes, 1/27 - Note and file. 4) Award of Contract for Network Cabling to TCT Corp. in the ~mount of $20,100 5) Final Map Approval, Tr. 8901 (FairView Estates, 7 lots) at 13650 8aratoga-Sunnyvale Rd. - Removed by Councilmember Bogosian. 6) Final MapApproval, Tr. 8917 (Sara Glen Subdivision, lots) at Saratoga Ave. @ Hoslch Dr. 7) Final Nap Approval, Tr. 8896 (15 lots) at 15041 and 15072 saratoga-Sunnyvale (Navico, Inc.) 8) Final Acceptance and Notice of Completion for Minor Drainage Improvements Project performed by Ed Boyan Construction 9) Memo Authorizing Publicity for Upcoming Hearings - No new hearings scheduled 4/16. 10) Approval of Check Register JACOBS/SNAW TO APPROVE CONSENT CALENDAR ITEMS 5.B.1) THROUGH 4) ~ND THROUGH 10), PASSED 4-0, 5) Final Map Approval, Tr. 8901 (FairView Estates, 7 lots) at 13650 8aratoga-Sunn~vale Rd. Acting City Manager Perlin answered Councilmember Bogosian' s questions about the number of lots being approved on the Final Map and access to Lot 7 from Saratoga-Sunnyvale Rd. He said the developer is not proposing any changes on Lot 7. Councilmember Bog0sian asked if it would be possible in the future to provide Councilmembers with small copies of final maps for final map approvals. Vice Mayor Wolfe said he thought that was an excellent idea. BOGOSIAN/HNAW TO APPROVE THE FINAL)fi~P,' TR. 8901 (FAIRVIEW ESTATES, 7 LOTS) AT 13650 SARATOGA-SUNNYVALE ROAD. PASSED 4-0 C. CLAIMS AGAINST THE CITY - None. 6. PUBLIC HEARINGS - None. 4. A. Oral communications (continued) and instructions to staff regarding actions on current oral communications Vice-Mayor Wolfe said that regarding Mr. Barrett's concern, Council ~as already instructed staff to provide the documentation of previous meetings on the matter. He stated for the record that while they have petitioned not to have a Little League play on the school property, there are probably as many who would petition for the field. He said the idea of safety on the streets is one of the reasons Little League fields are needed. Vice Mayor Wolfe expressed concern regarding the impropriety of City Council Minutes 3 April 2, 1997 statements and discussions taking place on matters under litigation. He asked if it would be appropriate for the public and Council to abstain from discussing such items. Councilmember Jacobs said he did not think they have the ability to restrain the public and if a matter is relevant to the City' s business they have a right to talk about it, even if it is a matter in litigation. There should be some discretion, however, in Council's response. Councilmember Shaw said it was a matter of freedom of speech. Vice-Mayor Wolfe said his concern was that statements that are made could be used in court. Councilmember Bogosian echoed Councilmember Shaw' s comment regarding freedom of speech. Councilmember Shaw said they cannot control what residents want to talk about as long as it is City business. They should be prudent as members of the City Council and he would rely on the City Attorney for guidance. City Attorney Riback responded that looking to the City Attorney for direction whether or not to comment on a matter that either is under litigation or on which there has been threatened litigation would be the appropriate approach. Attempting to direct the public to abstain ,would not work. Mr. Riback said the public has the right to raise any matter it wants within the subject matter of the City. The real issue is if there is litigation or threatened litigation, the City Council should be directed by the City Attorney to avoid making comments that could be averse to the City's interest. 7. OLD BUSINESS A. Report from Public Works Direotor regarding plaoement of moratorium on further development in Mt. Eden Estates Subdivision (cont,d from 2/19) Acting City Manager Perlin presented the staff report and said he was of the opinion that it is not necessary or appropriate to impose a moratorium on additional building in the subdivision for the reasons he had stated in February. He said it was his intention that before building permits are issued, they would ensure that all construction traffic coming into the subdivision would come in off Mt. Eden Road and would not use Quarry Road. He will be coming to Council soon with a proposal that they spend money to make Villa Oaks Lane passable so the gates on Quarry Road can be closed. City Attorney Riback said he had been working on a list of questions regarding assessing the City's liability to be forwarded to Mr. Perlin and he thought they had been sent to the City Council. Staff will make sure Councilmembers have them. Councilmember Bogosian said he would like to know who wrote the memo from the geotechnical firm and would like someone to sign such memos, especially when there could be litigation. Acting City Manager Perlin explained the process, stating that everything that comes out of the office contains Mr. Cotton's signature. Councilmember Bogosian said he would like the signed documents in the Council's packets. Councilmember Bogosian asked the City Attorney what the City would have to show to impose a moratorium at this stage. City Attorney Riback stated there would have to be substantial evidence pointing to the fact that if any construction took place in the subdivision at this time, there is an imminent threat to public safety or property. Councilmember Bogosian said in reading the memo he noted gaps in City supervision on many levels. He said apparently there is a question of City Council Minutes · April 2, 1997 follow through. Acting City Manager Perlin stated that the tentative map was approved in the late 1970s and the final map in the 1980s. Construction took place in the mid to late 1980s, and standards were not nearly what they are today. Councilmember Jacobs said he did not get a comfortable. feeling about the property fro~ reading the memo, but he did not know if there is anything under an imminent threat. He said the report is troubling. Acting City Manager Perlin said that during the history of hillside development in Saratoga, his perception was that there was a period of time when the City's processes for inspecting the work that was occurring may not have been up to the standards they should have been. Communication that should have been going on did not happen and records are not complete. Owners have had to perform additional and extensive studies to validate what happened and now will have to do what should have been taken care of then. He said the City did not have a clearance process then, but has learned over the years. Discussion followed regarding the City's liability and what would happen if lot owners are made aware of the landslide activity and potential for disaster and elect to proceed anyway. Councilmember Jacobs said he thought the City has a responsibility to protect life and safety and he did not think property owners could waive the right for their own safety. It is in the public interest to assure that property that is built on will not become a hazard. Acting City Manager Perlin that is what they are doing and that is why permits have not been issued and clearances have not been granted on some of the lots that remain. From the standpoint of a moratorium, he said he cannot recommend it because he is not sure what it accomplishes and in effect there is a moratorium because those lots will not be cleared until they address the concerns of the City geologist. In answer to Councilmember Bogosian' s question about whether owners have a vested right to build following approval of the final map, City Attorney Riback said they did not if the City' s geologist determines that there is no way they can go forward without there being a significant threat from landslides. The City is then well within its rights not to issue the building permit until the geologist's concerns are addressed. Jit Uppal, 22183 Villa Oaks Lane, said the first paragraph of page 4 of the City Geologist's memo accused him of something that is not true. He had the grading plans showing retaining walls. Me said he has spent a lot of money on a study and reinforcing the wall, and they do not just depend in the City geologist. He said Council should ask the City geologist to provide prooflof his allegations. Acting City Manager Perlin said he believed that the next lot that would be ready for issuance of permits is lot 18. They hope to pull permits within a month and would probably begin construction within two weeks after that. The owner' s studies have to be reviewed by William Cotton prior to the City issuing the permits. Councilmember Jacobs said he thought they have to allow City staff to handle it they Way they are and that there is no basis for a moratorium. In answer to Councilmember Bogosian' s questions about what would happen if this subdivision were coming to Council today, Acting City Manager Perlin stated they will never see this kind of subdivision again because of Measure A. Issues are dealt with in environmental review even before a tentative map gets to the Planning Commission. BOGOSIAN/JACOBS TO RECEIVETHEREPORTANDNOT MOVETO IMPOSE A BUILDING · MORATORIUM IN THE SUBDIVISION AT THIS TIME. PASSED ·-0. 8. HEW BUSINESS City Council Minutes 5 April 2, 1997 A. Consideration of Conceptual Approval of Joint Powers Agency for West Valley Cities Solid Waste Management Program City Attorney Riback reviewed the staff report, noting that the JPA would be overseeing day-to-day operations of the Solid Waste Program. Individual cities would be setting rates. He said if Council approved the JPA in concept, the four cities will meet and prepare a draft for approval by the councils. In answer to Council's questions, he said there should not be a need for additional staffing. He did not believe there was a down side to the proposal. JACOBS/SHAW TO APPROVE THE WEST VALLEY 8OLID WASTE JOINT POWER AGENCY IN CONCEPT~ AND TO DIRECT STAFF TO PREPARE A DRAFT JOINT EXERCISE OF POWERS AGREEMENT FOR COUNCIL CONSIDERETXON. PASSED 4-0. City Attorney Riback said perhaps they could fold storm water management program into the same program and consolidate between cities. B. Selection of City Council Representative to LibraryExpansion Committee Acting City Manager Perlin review staff's recommendation. Councilmember Bogosian said he would like to represent the City if someone else would take over the Valley Transportation Authority PAC. Councilmember Shaw said he was willing to assume those duties. JACOBS/SHAW TO AND DIRECT STAFF TO PREPARE RESOLUTION NO. 96-65.1 APPOINTING BOGOSIANAS A MEMEER OF TEE LIBRARY EXPANSION COMMITTEE AND 8HAW AS A MEMBER OF THE VTA PAC. PASSED 4-0. C. LLA-1 Resolutions of Intention Acting City Manager Perlin distributed the Preliminary Assessment Schedule for Financing for Fiscal Year Beginning July 1. He stressed that these are preliminary and conservative figures. In a month or so the assessments could be lowered at the public hearing but they cannot be raised. If Council approved the resolution tonight, notices and ballots will be sent to property owners. He suggest that Council needed to make policy decisions in the event there is a no vote in any zone. Kenneth Wilton, 20405 Cox Avenue, since these are preliminary figures he had no objection but assured Council that if the assessment were raised, it would be defeated. Acting City Manager Perlin said the figures for staff were based on cost recovery and repeated these were preliminary numbers. He stated May 7 is an informal public meeting and May 21 is the public hearing where written protests and.ballots are filed. SHAW/JACOBS TO ADOPT RESOLUTION NO. 97-11.2, PRELIMINARY APPROVAL OF ENGINEE~ 8 REPORT, LLA-1, FISCAL YEAR 1997-1998. PASSED 4-0. JACOBS/SHAW TO ADOPT RESOLUTION NO. 97-11.3t INTENTION TO ORDER THE LEVY AND COLLECTION OF ASSESSMENTS, LLA-1, FISCAL YEAR 1997-1998. PASSED 4-0. 9. ROUTINE MATTERS A. Approval of Minutes - 3/18~ 3/19~ 3/25 Councilmember Shaw questioned paragraph B on page 2 of the March 25 minutes. Acting City Manager Perlin said he will reword it to clarify that the County intended to apply for the full reduction. BOGOSIAN/SMAW TO APPROVE THE MINUTES OF 3/18 AND 3/19 AS SUBMITTED, AND THE MINUTES OF 3/25 AS AMENDED. PASSED 4-0. 10. CITY COUNCIL ITEMS A. Ageride items for joint meeting with chamber of Commerce April City Council Minutes 6 April 2, 1997 8 Acting City Manager Wolfe announced the following items: - Valet parking - Consolidation of business-related organizations in the City - Cooperation on the part of the Chamber of Commerce regarding Honor Saratoga USA - Chamber of Commerce work plan, particularly with regard to the celebrate Saratoga plan Acting City Manager Perlin said the Team Saratoga presentation to Council is scheduled for June 10. B. Other Councilmember Bogosian said the Santa Clara County Cities Association dinner is next Wednesday and the topic will be welfare. Acting City Manager Perlin said Thomas Fil would be filling in during his absence until Monday. 11. ADJOURNMENT At 9:07 p.m. the meeting was adjourned to 7:00 p.m. on Tuesday, April 8, at Adult Day Care Center, 19655 Allendale Avenue. Respectfully submitted, Minutes Clerk