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HomeMy WebLinkAbout05-21-1997 City Council Minutes MINUTES BAR~TOG~ CITY COUNCIL TIME: Wednesday, May 21, 1997 - 6:30 p.m. PLACE: CiVic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting 6:30 in Administration Conference Room, 13777 Fruitvale Avenue - Closed Session pursuant to Section 54956.9(a): CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Name of case: Guadalupe Landfill/Green Valley Disposal vs. City of Saratoga After the closed session, Mayor Moran announced that no action had been taken. 7:30 - Pledge of Allegiance - Lad by Councilmember Shaw 1. ROLL CALL councilmembers Present: Mayor Moran, Vice Mayor Wolfe, and Councilmembers Jacobs and Shaw. Councilmembers Absent: Councilmember Bogosian. Staff Present: Interim City Manager Perlin, City Attorney Riback, and Interim Planning Director Walgren. 2. CEREMONIAL ITEMS - None. 3. REPORT OF CITY CLERK ON POSTING OF AGENDA Interim City Manager Perlin announced that pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on May 16. 4.COMMUNICATIONS FROM COMMISSION8 AND THE PUBLIC A. ORAL COMMUNICATIONS Mr. Greg Zlotnik, Palo Alto, introduced himself as Saratoga's representative on the Santa Clara Valley Water District Board. In regard to the Urban Creek Assessment Oversight Committee, he expressed disappointment with the staff taking so long to get back to the City with a protocol for that meeting. He said he had the protocol with him. He said he was available by telephone at 265-2607, Ext. 2081. City Attorney Riback confirmed that the letter from the Water District counsel and the protocol which had been drafted for the conduct of the Committee meeting had been received. Copies will be provided to Councilmembers. Mr. Zlotnik assured Councilmembers that the matter of the Committee holding open meetings came before the District Board December 31 and the Board's direction was that these should be open meetings and protocols were designed to be consistent with the Brown Act. B. COMMUNICATIONS FROM COMMISSIONS - None. C. WRITTEN COMMUNICATIONS - None. 5. CONSENT CALENDAR A. Previously-Discussed Items - None. B. New Items 1) Plannlng COmmiSSiOn Actions, 5/14 - Note and file. 2) Public Safety Commission Minutes, 4/14 - Note and file. 3) Parks and Recreation Commission Minutes, 4/7 - Note and file. City Council Minutes 2 May 21, 1997 4) Award of Construction Contract for Corporation Yard Fueling Facility Upgrades 5) Memo Authorizing Publicity for Upcoming Hearings - Budget; Brush Abatement~ LLA-1 6) Final Acceptance and Notice of Completion for Saratoga Avenue Median Landscaping, CIP 9505 7) Resolution 97-20 setting date for hearing concerning Brush Abatement (continued from 5/7) S) Resolution 97-21 establishing Procedures for conduct of the Protest Nearing in co--action with LIA-1 in accordance with Proposition 21S and California Streets and Nighways Code 9) Resolution 97-22 approving modified Master Agreement with Caltrans for administering Federal-Aid Projects and authorizing execution 10) City Financial Reports for Aprilz a) Treasurer's Report - Receive and file. b) Investment Report - Receive and file. c) Financlal Report - Receive and file. 11) Approval of Check Register WOLFE/JACOBS TO APPROVE CONSENT C~t~NDAR ITS 5.B.1 THROUGN 11. PASSED 4-0. C. CLAIMS AGAINST THE CITY 1) Claim of Bauerle in connection with fall on Quite Road Interim City Manager Perlin presented the staff report. JACOBS/WOLFE TO DENY THE CLAIM AS RECOMMENDED. PASSED 4-0. Mayor Moran moved the agenda to Item 4A. 4. A. Oral CommUniCations (continued) and instructions to staff regarding actions on current oral commUnications - None. 7. OLD BUSIHESS A. Recommendation concerning Transfer of Cable Television Restitution Trust Fund to KSAR Board Interim City Manager Perlin presented the staff report and update. Mayor Moran thanked Councilmembers Bogosian and Shaw, Tessa McGoldrick and Tom Randall for their active participation in putting the agreement together. SHAW/WOLFE TORECONSIDER COUNCIL'S ACTION OF MARCH 5 AUTHORIZING USE OF THE CATV RESTITUTION TRUST FUND PROCEEDS. PASSED 4-0. JACOBS/SHAW TO AUTHORIZE TRANSFER OF THE CAW RESTITUTION TRUST FUND PROCEED8 TO THE KSAR BOARD IN EXCHANGE FOR CERTAIN CONSIDERATIONS. PASSED 4-0. 8. NEW BUSINESS A. Ordinance amending Section 9-55 of City Code pertaining to Abandoned Vehicle Abatement Process (first reading and introduction) Interim City Manager Perlin outlined staff's recommendations and added City Councll Minutes 3 May 21, 1997 that this is a minor technical change in the abandoned vehicle process. It deletes reference to the City Council as the body which will hear appeals, and states that the appeals board would be Nuisance Abatement Board of Appeals, which consists of the Public Works Director, the Planning Director and the Chief of the Saratoga Fire District. He said appeals occur very rarely, and this amendment will make the process more efficient and save staff time. SHAW/JACOBS TO INTRODUCE THE ORDINANCE BY TITLE ONLYt WAIVING FURTHER READING. PASSED 4-0. B. Resolutions in connection with Vessing Road Assessment District Interim City Manager Perlin presented the staff report and described the five resolutions to be considered in connection with the formation of the proposed assessment district by the property owners. In answer to Mayor Moran's question, Mr. Perlin said that there will be no fiscal impact on the City. He said petitions had been signed by 16 of the 20 property owners, who represent about 80% of the land. The highest estimate of the cost of the project is $568,880. However, Mr. Perlin said he believed that is double what the cost will actually be. Mr. Lawrence Jensen, 95 S. Market St., 3rd Floor, San Jose, said he was the attorney representing Mr. Lester Hinz who has filed a Quiet Title action against the City and the other Vessing Road property owners. He .said Mr. Hinz's main concern is about whether or not the district would conform with the mandates of Proposition 218. He also expressed concern with the representation that there would be no fiscal impact to the City. He stated that the City will have to bear the cost of the portion of this district that is attributable to general public benefit. Mr. Jensen said Mr. Hinz was opposed to the formation of the District because of the widening of Yessing Road. He has lived on the lot for many years and has tried to preserve the semi-rural quality. He said he did not know how much of Mr. Hinz's property would be necessary to widen the road as he had not seen a plan that makes it clear. He referred to the Quiet Title action and urged a no vote on the resolutions. Mr. Tom Mueller, 18564 Vessing Road, said he was the spokesperson for the other owners who have overwhelmingly voted for formation of the district. He said the road is unpleasant and unsafe. Some of the reasons residents of Vessing Road support the resolutions are as follows: 1. Safety is a factor. The mouth of Vessing Road where it meets Quito is only 17 ft. wide and there are trees on both sides. It is a blind corner. 2. Fire safety is a factor. There is only one fire hydrant at the top of the road. Another fire hydrant is included in the new design. 3. There is no adequate water system on that road. San Jose Water has designed a system that would be adequate. He said they want a road that is commensurate with other public streets in Saratoga, and they are not asking that the City pay for any of it. He said he could not speak to what Mr. Jensen said regarding Proposition 218, adding that it is their intent to pay for their own road and to bring it up to the City's standards for the reasons stated. In answer to Councilmember Wolfe' s question, City Attorney Riback said that Proposition 218 has not beenlitigated and it is difficult to tell what the parameters are. He stated that from what he has read this district is a special benefit to property owners who would make up the assessment district. They would be paying the assessment attributable to that special benefit which is in keeping with Prop. 218. Councilmember Jacobs said he was impressed by fact that 80% of property owners are saying they will foot the bill to have the same kind of streets that other Saratoga taxpayers have. He said he could understand Mr. Hinz's desire to protect the past but the rights of others have to be considered too. Interim City Manager Perlin answered Councilmember Shaw' s questions, stating there had been no attempt at this point to ameliorate Mr. Cit~ Co~Cil Minutes 4 Me~ ~ ~997 Hinz's concern regarding the placement of the road, but the design of the project has not been completed. It is possible that landscaping and trees can be built into the project to address Mr. Hinz's concerns. Mr. Perlin said the other property owners had agreed to exempt Mr. Hinz from the assessment district. He said that if the court were to decide that Mr. Hinz was entitled to compensation for the use of his property, the district would pay those costs. Mayor Moran stated that people in the neighborhood have acted carefully and as expeditiously as possible. WOLFE/SHAW TO ADOPT RESOLUTION 97-23 OF INTENT TO REIMBURSE EXPENDITURES. PASSED 4-0. WOLFE/JACOBS TO ADOPTRESOLUTION 97-23.1APPROVINGTHEBOUNDARYHAP OF THE VE8SING ROAD ASSESSMENT DISTRICT. PASSED 4-0. WOLFE/SHAW TO ADOPT RESOLUTION 97-23.2 APPROVING Tn~ AGREEMENT FOR LEGAL SERVICES. PASSED 4-0. WOLFE/JACOBS TO ADOPT RESOLUTION 97-23.3 APPROVING THE AGREEMENT FOR CONSULTING SERVICES. PASSED 4-0. WOLFE/SHAW TO ADOPT RESOLUTION 97-23.4 OF INTENTION TO ORDER IMPROVEMENT. PASSED 4-0. At 8:15 p.m., Mayor Moran moved the agenda to Item 6.A. 6. PUBLIC HEARINGS A. Appeal of denial of a request for design review approval to construct a new 2,141 sq. ft. deck on a 2.2 acre lot at 21252 Chadwick Ct. in the HE zoning district. Design review is required to allow the understoz7 of the deck to be 13 feet above grade where 5 feet is the maximumpermitted. (DR97-015~ Applicant/appellant, wong) Interim Planning Director James Walgren presented the staff report and answered questions regarding the height of the deck. Deck elevations were not included on the home elevations, and the landscaping plan showed only the footprint. Rosemary Wong, appellant, presented slides showing the visual impact of the deck from other homes. She said the deck is 75% screened. In regard to questions of excessive bulk, she showed a photo superimposed with what the deck would look like if approved as proposed or as the Planning Commission would approve it. She said the deck follows the natural slope of the land and informed Council that the 5-10 ft. portion of the deck was designed to be living space. They have no front or back yard. The geologist said it would be detrimental to the hillside to terrace it. She said that at the 12'9" portion, this is not a deck, but a walkway for them to exit the bedroom. She asked Council to consider the property and aesthetics and the beauty and structural integrity of the proposed plan. Ms. Luanne Nieman, 13217 Padere Court, said this hearing was the first notice she had received regarding the deck and other neighbors did not receive even this notice. She expressed concerns that this deck is obtrusive to immediate neighbors. When this plan was approved last summer questions were raised about landscaping and that plan was not very complete. She said at the time of the Planning Commission approval she felt a full plan would have been more appropriate. Ms. Nieman said she had walked on the Wong's property and was concerned that the neighborhood be considered. Ms. Wong summarized her position, repeating that 75% of the deck is not available from neighboring properties and that it is necessary for emergency purposes. They are trying to present something with a nice visual image. City Council Minutes 5 May 21# 1997 In regard to concerns regarding noticing of hearings, Interim Planning Director James Walgren said 500-1000 notices had been mailed to adjoining property owners within 500 ft. Following discussion of notification practices, Mayor Moran asked that staff look into the issue. Counclmember Wolfe said he had visited the property and had driven through the neighborhood. He said there were a number of homes in the area with decks that look similar to this and are certainly higher than five feet. He said the house is arranged on the property as prudently as possible inasmuch as it saves oak trees. He agreed with Ms. Wong that there was a safety factor regarding ingress and egress and that there is no other yard space. He said he felt this was a reasonable request. WOLFE MOVED TO ACCEPT THE APPEAL AND APPROVE THE PLAN AS SUBMITTED BY THE WONGS. THE MOTION DIED FOR LACK OF A SECOND. Councilmember Jacobs said he was in favor of upholding the Planning Commission decision which was unanimous and he believed that the property owners should have provided a plan for the deck when they presented the house plans. He referred to obtrusive structures that had been allowed and said he thought it would be possible to plan less obtrusive decking that would step into the hillside. He said he hoped that City Council and the Planning Commission can take steps to reduce the size of decks and homes and thought the community had been ill served by the size of homes allowed. Councilmember Shaw said he had reviewed the Planning Commission notes and had tried to compare them with what he heard tonight. He commended the owners for reorienting the house to get it off the ridge and said he agreed with Councilmember Jacobs on many points. Councilmember Jacobs said he had not visited the property on this occasion but knew the area. Counclmember Shaw said he had visited the site the previous weekend. Mayor Moran said she had visited the area four times and said she was in favor of upholding the Planning Commission decision without prejudice. She believed that the current plans were a major departure from the approved design and that decking and landscaping should respect open space areas. JACOBS/SHAW TO UPHOLD THE PLANNING COMMISSION DECISION WITHOUT PREJUDICE. PASSED 3-1 (WOLFE NO). Councilmember Wolfe explained his no vote, stating that he was in favor of a visual impact that would be less obtrusive and less excessive and believed the appellant's plan achieved that. Mayor Moran moved the agenda to Item 8.C. 8. C, Approval of Law Enforcement Contract with County of santa Clara Interim City Manger Perlin presented the staff report. Mayor Moran thanked Mr. Perlin for his efforts in putting the contract together, particularly for getting the Public Safety Commission involved. JACOBS/WOLFE TO APPROVE THE CONTRACT RENEWAL AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE CONTRACT ON BEHALF OF THE CITY. PASSED 4-0. D. Resolution making various amendments to FY96-97 budget Interim City Manager Perlin referred to the report prepared by the Finance Director which outlined the budget amendments. He answered questions about the contingency fund, stating that staff will be coming back with another resolution to transfer funds for the increased costs for the current year law enforcement contract. JACOBS/SHAW TO APPROVE RE8OLUTION 96-42.12AMENDING THE FY96-97 BUDGET. City Council Minutes 6 May 21, 1997 PASSED 4-0. 90 ROUTINE MATTERS A. Approval of Minutes - 5/7; 5/13 Councilmember Shaw requested that page 2, Item 5.B.7 of the May 7 minutes be amended to reflect his view that the function of the fileserver could be performed by the already-acquired Pentium Pro P.C. including a strategy of a trial of the less-costly arrangement. WOLFE/JACOB8 TO APPROVE THE MAY 7 MINUTES A~ AMENDED. PIU~SED 4-0. JACOBS/WOLFE TO APPROVE THE MAY 13 MINUTE8 AS SUBMITTED. PASSED 4-0. 10. CITY COUNCIL ITEM8 A. Agenda items for adjourned regular meeting 5/27 1) Joint Meeting with Hakone Foundation Board 2) Joint Meeting with Finance Advisory Committee - Budget workshop 3) City Manager Recruitment Council concurred with the items listed for the May 27 meeting and agreed to begin the meeting at 5:00 p.m. in order to meet with one of the firms being considered for the City Manager recruitment. Staff will make arrangements for the location of the meeting and let Councilmembers know. B. Other - None. 11. ~D,,.TOUI~D~ENT At 9:31 p.m., the meeting was adjourned to the to next meeting at 5:00 p.m. on Tuesday, May 27, in City Hall. Respectfully submitted, Minutes Clerk