The URL can be used to link to this page

Home My WebLink About10-15-1997 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, October 15, 1997 - 5:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting Review Exterior Paint Schemes A~aln - Behind Civic Theater - 5=30 p.m. There was consensus to use Harbor Run for window frames, Hope for the body of the building, Chin Up for the fascia, and Amulet for the underside of the ceiling. Commission Interviews - Administration Conference Room 6:00 - Martlage (Planning) 6:40 - Edel (Public Safety) 6:10 - Streit (Finance) 6:50 - Saunders (Public Safety) 6:20 - Van Hoesen (Finance) 6:30 - Chang (Finance) Applicants were interviewed as scheduled except for Mr. Van Hoesen, who withdrew. There was consensus to appoint Mrs. Martlage to the Planning Commission and Mr. Edel to the Public Safety Commission. Decisions on the Finance Advisor~ Committee will be made when all applicants have been interviewed. Break - 7:00 - 7:30 Reqular Meetlnq - Civic Theater - 7:30 p.m. 7:30 - Pledge of Allegiance - Led by Deputy City Clerk. 1. ROLL CALL Councilmembers Bogosian, Shaw, Wolfe, and Mayor Moran were present~ Councilmember Jacobs was absent. Also present were Interim City Manager Perlin, Administrative Services Director Fil, City Attorney Riback and Deputy City Clerk Cory. 2. CEREMONIAL.ITEMS A. Proclamation concerning Saso Herb Gardens and Nursery Mr. and Mrs. Saso accepted their proclamation. 3. REPORT OF CITY CLERK ON POSTING OF AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on October 10. 4. COMMUNICATIONS FROM COMEISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS - None. B. COMMUNICATIONS FROM COMMISSIONS - None. C. WRITTEN COMMUNICATIONS - None. 5. CONSENT CALENDAR A. Previously-Discussed Items 1) Resolution 97-41 denying E1 Kareh A-nexation Petition WOLFE/BOGOSIAN MOVED TO APPROVE RESOLUTION. Passed 4-0. B. New Items 1) Planning Commission Actions, 10/8 - Note and file. 2) Parks and Recreation commission Minutes, 9/8 - Note and file. 3) Finance Advisory Committee Minutes, 10/8 - Note and City Council Minutes 2 October 15, 1997- file. 4) Resolution 97-42 accepting Offers of Dedication for Pedestrian and Equestrian Trail Easements in Tract 6781 (Teerlink Ranch) 5) Renewal of Copier Lease Contract with Xerox 6) Memo Authorizing Publicity for Upcoming Hearings - No new hearings scheduled for November 5. 7) City Financial Reports for September= a) Treasurer~s Report - Receive and file. b) Investment Report - Receive and file. c) Financial Report - Receive and file. d) Quarterly Quarry Creek Trust Report - Receive and file. 8) Approval of Check Register 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 7. OLD BUSIHESS A. Vesslng Road Assessment District 1) Resolutlonamending Resolution 97-23.4 (Resolution of Intention to Order Improvement) 2) Resolution appointing City Engineer as Superintendent of Streets and Designating Office of city Engineer as Office of superintendent of Streets 3) Resolution accepting Engineer~s Report and setting Hearing of Protest Interim City Manager Perlin reviewed letters which had been distributed to the Council this week and answered Councilmembers' questions. City Attorney Riback noted that special benefits can be identified in theEngineer's Report. At 8:10 p.m. Mayor Moran invited members of the public to speak. Larry Jensen, San Jose, spoke on behalf of Laster Hinz, 14521 Quito Rd., who is not in the proposed district. Mr. Hinz was concerned that his property might be subject to eminent domain proceedings, and he objects to the assessment district. He believes the Engineer~s Report is not complete, since Exhibits F and G are not included, and it would be premature to approve it. He also believes there is no indication of a general benefit. In addition, Mr. Jensen stated that some property owners feel physically intimidated by one of the other property owners. Mr. Perlin stated that staff has Exhibits F and G, and they are available to the public upon request. Art Dana, 18500 Vessing Rd., stated that his wife and he opposed the project~ they felt the $53,000 assessment was outrageous. He also believed there was a fatal defect in the Engineer~s Report in that it did not estimate the amount of general or special benefit. He felt it violated the State constitution. James Tate, 18632 Yessing Court, opposed the project because it City Council Minutes 3 October 15, 1997 provided no benefit for him and he could not afford it. He felt coerced. In addition, he was concerned about lack of limits on liability. He also asked how wide the street would be and what the standard is. He felt the corner is safer as it is than the one at Woodbank, the road is fully functional, and there are no safety problems now. He also felt the project would encourage casual drifters and drug users in the area. He believed he would be paying a toll of $10 per day for ten years. He felt a small group of people was trying to force their will on the others. Tom Mueller, 18564 Vessing Rd., favored the project, saying the road was terribly deficient and dangerous because of potholes. Some houses are not protected by fire hydrants. He hoped the cost of the project would not be as high as the estimate. He believed the overwhelming majority of property owners favored the project. Paul Mug, 18540 Vessing Rd., favored the project, saying that according to his poll over 60% also favored it. He did not like the high price but felt it was better to pay it now than later. He submitted pictures of the road. He believed the street must be re-done because of safety problems, and not doing it will allow the road to become worse. Douglas Jonathan, 18584 Vessing Road, favored the project, saying the residents had tried to repair the road privately, but repairs cannot be made effectively and a new road must be built. He believed the road was dangerous; the hydrant does not reach everyone, so there is fire · danger; pipes under the street are in bad condition so there is poor water flow and leaks; property taxes ware high, and taxpayers should have service; the project would make the road more safe and the residents would be entitled to have a police patrol; the cost estimates are inflated as a precaution and are not the real numbers; the assessment district will allow costs to be shared equitably; property values would be increased; it would improve quality of life. No one further appearing to speak, the public comment period was closed at 8:45 p.m. The Council discussed postponing the project until the City Attorney could investigate several concerns. Mr. Perlin stated that a postponement to November 5 would not delay the protest hearing, which could still be scheduled for January 28, 1998. Mayor Moran directed that the minutes be expanded to include details of the residents' concerns. SHAW/BOGOSIAN MOVED TO CONTINUE THE MATTER TO NOVEMBER 5. Passed 4- 0. 8. NEW BUSINESS - None. 9. ROUTINE MATTERS A. Approval of Minutes - 10/1;. 10/7 WOLFE/SHAW MOVED TO APPROVE MINUTES AS SUBMITTED. Passed 4-0. 10. CITY COUNCIL ITEMS A. 'Agenda items fornext adjourned regular meeting of October 21 The following items were tabled to November, at which time the City Attorney will report on them: Adult Entertainment Ordinance; Massage Parlor Ordinance; Curfew Ordinance. Proposals for Miller Avenue Traffic Calming Study are to be discussed from 7:30 to 8:30 p.m. Councilmember Bogosian noted that the Markkula Report will be on the agenda. It will be listed under Agency Assignment Reports, Library Joint Powers Agency. 'City Council Minutes 4 October 15, 1997 B. Other Councilmember Wolfe commented that the most recent "Network" was very informative, well written, and helpful; he requested that Lori Burns be commended for producing it. 11. ADJOUltNMENT At 9:00 p.m. the meeting was adjourned to 4:00 p.m. on Tuesday, October 21, at the Adult Care Center, 19655 Allendale Avenue. Respectfully submitted, race~~.Cc~ ~/ Deputy City Clerk