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HomeMy WebLinkAbout09-17-1997 City Council Minutes MZ~u~BB BA~J, TOGA CZTY COB~CZL TIME: Wednesday, September 17, 1997 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting Mayor,s Report on Closed Bession - Mayor Moran reported that the planned closed sessions had been cancelled. 7:30 - Pledge of Allegiance - Carol Meyer 1. ROLL CALL Councilmembers Bogosian, Jacobs, Shaw, Wolfe and Mayor Moran were present. 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. Resolution cemmending Wayne Dippel for BeEVice on Finance Advisol7 Cemm~ttee WOLFE/JACOBS MOVED TO ADOPT REBOLUTION. Passed 5-0. B. Resolution commending Dick Brooding for BeEVice on Hakone Foundation Board JACOBS/SHAW MOVED TO ADOPT RESOLUTION. Passed 5-0. C. Retirement of Civic Center Debt Mr. Fil reported that the retirement of the debt resulted in a total savings of about $1,000,000 to Saratoga taxpayers. Mayor Moran then incinerated a document to symbolize the termination of the debt. 3. REPORT OF CITY CLERK ON POBTING OF AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on September 12. 4. COMMUNICATIONS FROM COMMISBIONB AND THE PUBLIC A. OPa~L COMMUNICATIONS Carol Meyer of the Greenbriar Saratoga Road Company stated that the Bellgrove residential project was almost finished. She invited the Council and staff to a barbecue at the new public park which had been completed as a part of the project. B. COMMUNICATIONS FROM COMMISSIONS - None. C. WRITTEN COMMUNICATIONS - None. 5. CONSENT CALENDAR A. Previously-Discussed Items 1) Resolution Granting Appeal of Approval of Pinn Brothers Project EOGOSIAN/JACOBB MOVED TO ADOPT RESOLUTION 97-36. Passed 5-0. B. New Items Councilmember Bogosianremoved Items 7 and 9 from the Consent Calendar. Interim City Manager Perlin stated that he had also intended to remove Item 7. WOLFE/SHAW MOVED TO ADOPT THE CONSENT CALENDAR WITH THE EXCEPTION OF ITEMS 7 AND 9. Passed 5-0. City Council Minutes 2 September 17, 1997 1) Planning Commission Actions, 9/10 - Note and file. 2) Public Safety Commission Minutes, 8/11 - Note and file. 3) Parks and Recreation Commission Minutes, 7/227 8/4 - Note and file. 4) Finance advlsol7 Committee Minutes, 8/11 - Note and file. 5) Library Commission Minutes, July 23 - Note and file. 6) City Financial Reports for July~ a) Treasureres Report - Receive and file. b) Investment Report ~ Receive and file. c) Financial Report - Receive and file. 7) Resolution amending Resolution 85-9.105 authorizing permanent positions in City Service for FY 97-98 - CONSENSUS TO CONTINUE TO SEPTEMBER 23. S) Award of Construction Contract for Hakone Gardens Restroom Improvements (CIP 9704) 9) Approval of Check Register Couhcilmember Bogosian asked various questions about the check register which were answered by staff. The staff was directed to provide the Council with further information on the $43 lock for the Corporation Yard and trees to be removed at Hakone Gardens. 10) Memo AuthorlzingPubllclty for Upcoming Hearings - No hearings scheduled for October 1. 11) Declaration of Surplus Property, Vehicle #73 C. CLAIMS AGAINST THE CITY - None. Since the hour of 8:00 p.m. had not arrived, the Mayor proceeded to the rest of the agenda, beginning with Item 9. 9. ROUTINE MATTERS A. Approval of Minutes - 9/3 There was consensus to approve the minutes as submitted. 10. CITY COUNCIL ITEMS A. Agenda items for upcoming meetings - September 23 Joint Meeting with School Districts Councilmember Jacobs requested that the-item concerning closed campus for juniors and seniors be returned to the agenda. Although he recognized that it was a campus issue rather than a district issue, he believed it should be discussed. There was consensus to return the item to the agenda. Mayor Moran commented that the discussion might assist the Council and District Boards to determine what issues should properly be included in the joint meetings. Councilmember Bogosian brought up the subject of library access to the Internet. There was consensus for Councilmember Bogosian to bring up the subject again on September 23 under Agency Reports. At that time the Council will decide on any further action. B. Other 6. PUBLIC HEARINGS City Council Minutes 3 September 17, 1997 A. Appeal of Denial of Use Permit Approval to construct a new 390 sq. ft. cabaria on a 48,453 eq. ft. parcel at 14337 Taos Dr. in an R-1-40,000 zoning district (Appellant/applicant, MQ Heritage Corporation)(UP-97-006)(APN 397-16-149) Mr. Walgren reviewed the staff report and answered Councilmembers' questions. The public hearing was opened at 8:17 p.m. Mariano Que, one of the appellants/applicants, spoke in favor of the project. 'Ervin Haws, 2067 Colusa Way, San Jose, engineer on the project, also spoke in favor of it. No one appeared to speak in opposition to the project. The public hearing was closed at 8:25 p.m. Mr. Walgren answered further questions from Councilmembers. WOLFE/SHAW MOVED TO GRANT THE APPEAL, APPROVING THE PROJECT. Passed 5-0. Mr. Perlin noted that a resolution memorializing the Council's decision would appear on the October I 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 Annexation, A96-001 (APN 517-25-037 and 052, E1 Kareh) (continued from 9/3) Interim City Manager Perlin reviewed the staff report. Community Development Manager Walgren then answered questions. Discussion focused on the desirability of annexation with respect to such issues as liability, costs of residential annexation as they exceed taxes collected, and the effectiveness of City control of development as opposed to County control. JACOBS/BOGOSIAN MOVED TO DENY THE PETITION FOR ANNEXATION. Passed 3- 2 (Wolfe, Shaw opposed). B. Agreement forming West valley Solid Waste Management Joint Exercise of Powers Authority JACOBS/WOLFE MOVED TO APPROVE AND AUTHORIZE THE MAYOR TO SIGN THE AGREEMENT FORMING THE JPA. Passed 5-0. 8. NEW BUSINESS A. Ordinance repealing sunset clause of Ord. 71-152 concerning signs in the public right of way The City Attorney explained the ordinance. He then noted that, as an amendment to the Zoning Ordinance, it should have gone to the Planning Commission for their recommendation before the Council received it. BOGOSIAN/JACOBS MOVED TO DIRECT THE PLANNING COMMISSION TO TAKE UPTHIS ISSUE AS SOON AS POSSIBLE. Passed 5-0. B. ResolutionandAgreements for Bulk Purchase of Elect~icity through ABAG Power Pool Interim City Manager Perlin reviewed the staff report, further explained the benefits of the proposed agreements, and answered Councilmembers~ questions. WOLFE/JACOES MOVED TO ADOPT RESOLUTION 97-37 AND APPROVE THE AGREEMENTS. Passed 5-0. C. Designation of Voting Delegate for League of California Cities Annual Conferenae, October 12-14 City Council Minutes 4 September 17, 1997 BOGOSIAN/WOLFE NOMINATED THE MAYOR AND VICE MAYOR AS DELEGATE AND ALTERNATE. There was consensus to accept the nominations. 11. ADJOURNMENT The meeting was adjourned to 5:15 p.m. on Tuesday, September 23, for a closed session, then to 6:15 p.m. in the area behind Civic Theater, then at 7:00 p.m. to Adult Care Center, 19655 Allendale Avenue. ReSpectfully submitted, Deputy city Clerk