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HomeMy WebLinkAbout09-03-1997 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, September 3, 1997 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting Closed Sessions - 6230 in Administration Conference Room, 13777 Fruitvale Avenue CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Possible initiation of litigation pursuant to, subdivision (c) of Government Code Section 54956.9 in one case; and CONFERENCE WITH LABOR NEGOTIATOR PUrsuant to Government Code Section 54957.6: Agency negotiator: Liebert, Cassidy & Frierson Employee organization: Saratoga Employees Association Mayor's Report on Closed Session - Mayor Moran announced that no action had been taken. 7:30 - Pledge of Allegiance - Led by City Attorney Riback 1. ROLL CALL Councilmembers Bogosian, Jacobs, Shaw, and Mayor Moran were present; Councilmember Wolfe was absent. Also present were Interim City Manager Perlin, Administrative Services Director Fil, Community Development Manager Walgren, City Attorney Riback and Deputy City Clerk Cory, 2. CEREMONIAL ITEMS A. Proclamatlon on Pollution Prevention Week BOGOSIAN/SHAW MOVED TO APPROVE PROCLAMATION. Passed 4-0. In connection with the issue of pollution, Councilmember Bogosian brought up a letter which Councilmember Wolfe had written to Tom Campbell opposing implementation of certain Envirorunental Protection Agency standards. Mayor Moran suggested directing the guestion to Councilmember Wolfe when he returns. 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 August 29. 4. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS - None. B. COMMUNICATIONS FROM COMMISSIONS - None. C. WRITTEN COMMUNICATIONS - None. 5. CONSENT CALENDAR A. Previously-Discussed Items - None. B. New Items BOGOSIAN/SHAW MOVED TO APPROVE THE CONSENTCALENDARWITH THE EXCEPTION OF ITEMS 2# 6# AND 8. Passed 4-0. 1) Planning Commission Actions, 8/13 -- Note and file. 2) Public Safety Commission Minutes, 7/14 - Note and file. - REMOVED BY COUNCILMEMBER BOGOSIAN Councilmember Bogosian asked about the committee formed to recruit the Sheriff's Technician. Mr. Perlin explained that the committee was an interview panel rather than a hiring committee. The panel did not make the final hiring decision. City Council Minutes 2 8eptember 3, 1997 BOGOSIAN/JACOBS MOVED TO NOTE AND FILE MINUTES. Passed 4-0. 3) Finanoe Advlsoz7 Committee Minutes, 4/21; 5/12 - Note and file. 4) Memo Authorizing Publicity for Upcoming Hearings - COPS Funding; MQ Heritage Corp. Appeal 5) Award of Contract for 1997 Street Maintenance Program (Slurry Seal) to valley Slurry Seal as the lowest responsible bidder in the amount of $72,164 and authorization for staff to execute change orders up to $7,500 6) Award of Contraot for Civic Theater and Community Center Painting Project - REMOVED BY COUNCILMEMBER SHAW Councilmember Shaw expressed concern about the process for selecting the color scheme. He wished to avoid colors which were as unpopular as some which had been used recently. Vic Monia, Granite Way, also expressed concern, as did Councilmember Bogosian. Council discussed various ways of making the decision on color. Administrative Services Director Fil suggested having Jan Stypula, Spencer Associates, put' together several schemes from which the selection would be made. Means of obtaining public input will be decided at a later date. In the meantime, the contractor should be awarded the contract while the bid is still valid. JACOBS/SHAW MOVED TO DECLARE CENTRAL HAY PAINTING CO. THE LOWEST RESPONSIBLE BIDDER. Passed 4-0. JACOBS/SHAW MOVED TO AWARD CONTRACT TO CENTRAL BAY PAINTING IN THE AMOUNT OF $10,000. Passed 4-0. JACOBS/SHAW MOVED TO AUTHORIZE STAFF TQ EXECUTE 8UPPLEMBNTAL CONTRACTS UP TO $2,000. Passed 4-0. 7 ) Approval of Contract with Geoffrey Rothman for Professional Services in Connection with City Reorganization not to exceed $8,500 8) Authorization to purchase two vehicles through state Procurement Program and Related Equipment through Sole-Source Purchase - REMOVED BY COUNCILMEMBER BOGOSIAM Councilmembers asked a number of questions which were answered by Public Works Services Manager Enriquez. SRAW/BOGOSIAN MOVED TO DECLARE Vv-HICLES 66 AND 71 SURPLUS AND AUTHORIZE THEIR SALE THROUGH FIRST CAPITAL AUCTION CO. Passed 4-0. SHAW/JACOBS MOVED TO AUTHORIZE PURCHASE OF TWO FORD F-450 CAB AND CHASSIS UNITS THROUGH THE STATE VEHICLE PROCUREMENT PROGRAM. Passed 4-0. SHAW/JACOBS MOVED TO AUTHORIZE A 8OLE SOURCE PURCHASE OF TWO STELLAR SHUTTLE MODEL HYDRAULIC HOOK LIFTS WITH TWO YARD DUMP BODIES FROM 3T EQUIPMENT SALES CO. IN THE AMOUNT OF $32,011.70. Passed 4-0. 9) Approval of Check Register C. CLAIMS AGAINST THE CITY - None. 6. PUBLIC HEARINGS - 8:00 pm. A. Appeal of Design Review approval to construct a new 5,860 sq. ft. one-stor~ home 22 ft. in height at 14200 Taos Ct. (Lot 7) in an R-1-40,000 zoning district. The site is 51,236 Sg. ft. in size and is currently vacant. (Appellant, walker/Applegate; Applicant, Plan Bros.) (DR97-014) City Council Minutes 3 September 3# 1997 Community Development Manager Walgren reviewed the staff report. Mayor Moran noted for the record that all Councilmembers had seen the site and received a supplementary packet of materials from the appellants. The public hearing was opened at 8:12 p.m. Richard Walker, 3 Quail Acres, representing the appellants, spoke against the project. John D. Teter, 19931 Durham Ct., also spoke against the project. Chuck Bommarito, representing the applicant Pinn Brothers, spoke for the project and submitted a color rendering. The public hearing was closed at 8:35 p.m. In response to the Council, staff answered various questions concerning the application. Councilmembers then discussed the issues, including whether a new design would have to return to the Planning Commission for approval. Mayor Moran reopened the public hearing at 9:00 p.m. Mr. Bommarito submitted a drawing which showed an area of the proposed house blacked out to reduce it to 4,000 square feet. The public hearing was closed at 9:01 p.m. Mayor Moran believed the project might have to return to the Planning Commission. Councilmembers discussed the issues further in order to give the Planning Commission some direction as to what an acceptable project would be. Councilmember Shaw noted Condition 24 stated his belief that the project was not compatible. Councilmember Bogosian stated that the Council could not rely on vegetative screening to protect the neighbors. As to square footage, Mayor Moran felt 4500 was acceptable; Councilmember Jacobs favored not over 4,000 with height of 18 feet; Councilmember Bogosian favored 3,500 to 4,000, but closer to 3,500 with height of 18 feet. Mayor Moran felt the issue with respect to Condition 24 is whether the City does what it says it will do. She believed compatible means similar to, and she did not believe the project was similar to other homes in the neighborhood. City Attorney Riback stated that the Council must determine whether this particular structure is acceptable, not what size a home can be. The Council can state their preferences to the Planning Commission but not lock in specific numbers. Mayor Moran summed up the Council consensus that the house should be considerably smaller and lower. JACOBS/SHAW MOVED TO GRANT APPEAL, DENYING APPLICATION WITHOUT PP~EJUDICE. Passed 4-0. The Mayor declared a recess at 9:15. When the meeting reconvened at 9:25, the same Councilmembers were present. Mr. Perlin noted that a resolution memorializing the Council's action would appear on the September 17 agenda under Consent Calendar A. 4. A. Oral Communications (continued) and instructions to staff regarding actions on current oral communications - None. 7. OLD BUSINESS A. Petition of ~nnexation, A96-001 (APN 517-25-037 and 052, E1 Kareh) (continued from 8/6) City Council Minutes 4 September 3, 1997 CONSENSUS TO CONTINUE TO SEPTEMBER 17. B. Baylot Avenue Traffic Calming Study Interim City Manager Perlin reviewed the staff report. Joanne Hopkins, 2350 Villanova Rd., feared the recommended actions would have an unfavorable impact on Purdue. Lora Nettie, 18337 Purdue Dr., said a street light was needed. She favored putting more money into patrols rather than measures which might divert traffic off Baylor to other areas. Susan Hollis, 18297 Baylor Ave., spoke in favor of the recommendations, saying that they had been working on the project for two years. She noted that residents had been invited to participate since the beginning of the process. Richard Gurney, 18241 Purdue Dr., spoke as President of Sunland Park Homeowners Association, saying he neither supported nor opposed the recommendations. He felt there was not enough time to conduct a poll of the residents, which would take two or three weeks. He favored including Swarthmore in the study. Mr. Gurney then read a statement from Chris Wiles, 18363 Purdue, which cited speed and traffic concerns. Mr. Wiles felt the consultant had done an excellent job. Hugh Hexamer spoke as Chair of the Public Safety Commission. He recommended that the Council establish criteria for the implementation study as well as criteria for traffic calming. The Commission is willing to assist in this task. Ms. Hollis spoke again, saying that they had been working on the project for two years, and the opportunity to combine the traffic calming with the paving project should not be lost. She urged that the Council authorize the recommended alternatives. BOGOSIAN/SHAW MOVED TO ACCEPT THE FINAL REPORT AND AUTHORIZE STAFF TO IMPLEMENT THE RECOMMENDED ALTERNATIVES. Passed 4-0. Mayor Moran suggested the Public Safety CommissiOn be taken up on its offer to assist in establishing the criteria. C. Resolution implementing Defeasance (Retirement) of Civic center Certificate of Participation - ABAG XXVI, Series A Administrative Services Director Fil explained the defeasance plan and introduced representatives of the firms who had been assisting with the project. Mayor Moran expressed gratification that the drain on the General Fund caused by the Certificates of Participation could now be ended. JACOBS/BOGOSIAN MOVED TO ADOPT RESOLUTION 97-35. Passed 4-0. SHAW/JACOBS MOVED TO AUTHORIZE CITY MANAGER TO ISSUE PURCHASE ORDERS AS RECOM14ENDED. Passed 5-0. JACOBR/SHAW MOVED TO AUTHORIZE CITY B~NAGER TO EXECUTE THE ESCROW DEPOSIT AND TRUST AGREEMENT WITH FIRST TRUST NATIONAL ASSOCIATION. Passed 4-0. 8. MEW BUSINESS - None. 9. ROUTINE MATTERS A. Approval of Minutes - 8/6; 8/12 CONSENSUS TO APPROVE AS SUBMITTED. 10. CITY COUNCIL ITEMS City Council Hinutes 5 September 3, 1997 A. Agenda items for joint meeting with Saratoga Union School District and Los Gatos/Saratoga High School District September 23 Councilmembers suggested the following topics: school district boundary issue~ joint field development; School Resources Officer; Closed Campus for juniors and seniors. B. Other Councilmember Bogosian asked about a meeting with PG&E staff and Assemblyman Cunneen to try to do something about power outages in Saratoga. Councilmember Wolfe had attended and is to be asked to report on the meeting. Councilmember Bogosian also asked about the efforts of Covina in connection with ERAF funding. Mr. Perlin replied that the ERAF funding efforts had been unsuccessful, and Covina was pursuing a ballot measure. Mr. Perlin noted that the Council may need to postpone the COPS funding hearing until after September 17. He also stated that Rich Perry, recruiter for the City Manager position, wished to meet with the City Council in closed session on October 1. He further mentioned that a meeting had been set up with the Library staff September 9 to discuss painting the Library. In addition, he noted that a Grand Jury report on domestic violence had been distributed. Some Councilmembers apparently had not received it and will be given a copy. 11. ADJOURNMENT The meeting was adjourned at 10:07 p.m. Respectfully submitted, Grace E. Cory Deputy City Clerk