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HomeMy WebLinkAbout11-19-1997 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, November 19, 1997- 6:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting Closed Session - 6230 in Administration Conference Room, 13777 Frultvale Avenue 1. PUBLIC EMPLOYEE APPOINTMENT Title= City Manager PUrsuant to Government Code 8ectlon 54957 81~d 2. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Names of Cases= Warfel v. Saratoga~ Bloxhamv. Saratogal San Francisco Baykeepers v. Saratogal San Francisco Baykeepers v. Water Resources Control Bd. et al.~ City of Saratoga v. West valley community college PUrsuant to Government code Section 54956.9(a) Mayor~s Report on Closed Session - Mayor Moran announced that no final action had been taken in the closed session. 7:30 - Pledge of Allegiance - Led by Marcia Manzo, Library Commission Chair. 1. ROLL CALL Councilmembers Bogosian, Jacobs, Shaw, Wolfe, and Mayor Moran were present. Also present were Interim City Manager Perlin, Interim Administrative Services Director Larson, Community Development Manager Walgren, Administrative Analyst Jennie HwangLoft, City Attorney Riback and Deputy City Clerk Cory. 2. CEREMONIAL ITEMS A. Resolution establlshing Finance Commission with Membership of 8even WOLFE/SHAW MOVED TO ADOPT RESOLUTION 1011.4 AND AUTHORIZE ADVERTISING FOR ADDITIONAL SEAT. Passed 5-0. B. Resolutlon appointing Chlng-Li Chang, Allen Roten, Nick Streit, and Gary Wolf to Finance Commission and Barbara 01sen to Parks and Recreation commission WOLFE/SHAW MOVED TO ADOPT RESOLUTION 97-45. Passed 5-0. C. Administration of Oath of Office to Comm~ssloners Chang, Roten, Streit, lWolf and Olsen All Commissioners were present and took the oath of office. D. Resolution appointing Members of the Hakone Foundation Board of Trustees - Joseph Clevenger, Ian Geddes, Dan PUlcrano, John Tauchi WOLFE/SHAW MOVED TO ADOPT RESOLUTION 97-46. Passed 5-0. E. Administration of Oath of Office to Board Members Clevenger, Geddes, Pulcrano and Tauchi None were present to take the oath of office~ they will be administered the oath by the Deputy City Clerk at a later time. F. Resolutlons commending former Parks and Recreation commissioners weiner and Blomqulst WOLFE/SHAW MOVED TO ADOPT THE RESOLUTIONS. Passed 5-0. G. Resolution commending Thomas Fil, former Administrative Services Director City Council Minutes. 2 November 19, 1997 WOLFE/SHAW MOVED TO ADOPT THE RESOLUTION. Passed 5-0. 3. REPORT OF CITY CLERK ON POSTING OF AGEND~ Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on November 14. 4. COMMUNICATIONS FROM COMMISSIONS ~ TRE PUBLIC A. ORAL COMMUNICATIONS Don Whetstone stated his concerns regarding the timing of Dr. Rhea Williamson's work on the Saratoga Creek coliform investigation and the declaration she signed for the City in the creek litigation. Her contract had been executed on February 7, and the declaration in the Baykeepers lawsuit was made ten working days later, on February 21. He did not believe she could have done the necessary work to support what she stated in her declaration in that amount of time. B. COMMUBICATIONS FROM COMMISSIONS 1) Report from Library Commission concerning Library Expansion Project Marcia Manzo, Library Commission Chair, reported that the Library Conu~.ittee believes it is not prudent to place the Library bond issue on the ballot in either June or November 1998. Poll results show that the issue would not gain the required majority. C. WRITTEN COMMUNICATIONS 1) Letter from Annette Peterson concerning Impact of Highway 85 on cefalu Residence Interim City Manager reviewed the circumstances of Ms. Peterson's request for waiver of the soundwall fee. Ms. Peterson then spoke to urge the Council to grant her request. She also spoke on the prohibition of U-turns on northbound Saratoga Avenue at Scotland, which made it very inconvenient to access the Cefalu residence and several others. The City Attorney stated that the City had no legal obligation to compensate the Cefalus. After discussion, there was consensus to direct staff to report back to the Council at the December 3 meeting with recommendations concerning the U-turn and fee waiver. Staff will also report on the possibility of reducing Planning fees for the soundwall in consideration ofthe changes which have occurred at the property. Mayor Moran then proceeded to public hearings, since the hour of 8:00 p.m. had passed. 6. PUBLIC HEARINGS A. Ordinance repealing sunset clause of Ordinance 71-152 prohibiting signs in the public right of way and making other changes concerning permits and signs for special events (continued from 11/5) Interim City Manager and Conununity Development Manager reviewed the staff report. The public hearing was opened at 8:22 p.m. No one appearing to speak, it was closed immediately afterward. Councilmember Bogosian expressed concern that the prohibition applied to "lost pet" signs and garage sale signs. Councilmember Jacobs noted that several other neighboring cities have similar ordinances. City Council Minutes 3 November 19, 1997 WOLFE/JACOBS MOVED TO INTRODUCE THE ORDINANCE BY TITLE ONLY, WAIVING FURTHER READING. Passed 4-1 (Bogosian opposed). B. ResolUtlon orderingAbatement of Weeds as a Public Nuisance Interim City Manager reviewed the staff report. The public hearing was opened at 8:34 p.m. No one appearing to speak, it was closed immediately afterward. Mayor Moran commented that the weed abatement list should be shortened because some properties on the list do not have weeds. BOGOSIAN/SHAW MOVED TO ADOPT RESOLUTION 97-47. Passed 5-0. 4. A. Oral Communications (continued) and instructions to staff regarding actions on current oral communications - None. 5. CONSENT CALENDAR A. Previously-Discussed Items - None. B. New Items 1) Planning commission Actions, 11/12 - Note and file. 2) Parks and Recreation Commission Minutes, 10/6~ 10/22 - Note and file. 3) Memo Authorizing Publicity for Upcoming Hearings - Rodrigues AppeaI of Immanuel Lutheran Church Use Permit - Councilmember Bogosian removed this item from the agenda. BOGOSIAN/JACOBS MOVED TO EXTEND THE NOTICING RADIUS TO PROPERTIES WITHIN 1,000 FEET OF THE SITE. Passed 5-0. 4) Approval of Check Register 5) City Financial Reports for October= a) Treasurer~s Report - Receive and file. b) Investment Report - Receive and file. c) Financial Report - Receive and file. WOLFE/JACOBS MOVED TO APPROVE THE CONSENT CALENDAR WITH THE EXCEPTION OF ITEM 3. Passed 5-0. C. CLAIMS AGAINST THE CITY 1) Claim of Gidwani in connection with driveway damage Interim City Manager reviewed the claim. JACOBS/WOLFE MOVED TO REJECT CLAIM. Passed 5-0. 7. OLD BUSINESS A. Contract for city Manager City Attorney reviewed the contract, noting that there would be an annual performance evaluation in March. JACOBS/WOLFE MOVED TO APPROVE CONTRACT, EFFECTIVE DECEMBER 1. Passed 5-0. B. Yessing Road Assessment District (continued from 11/5) 1) Resolution 97-23.5 amending Resolution 97-23.4 (Resolution of Intenticn to Order Improvement) 2) Resolution 97-23.6 appointing City Engineer as Superintendent of Streets and Designating Office of city Council Minutes 4 November 19, 1997. City Engineer as Office of Superintendent of Streets 3) Resolution 97-23.7 accepting Engineer's Report and setting Hearing of Protest Interim City Manager Perlin reviewed the staff report and answered Councilmembers' questions. He pointed out that the Council needed to consider the requests of Dana and Tate to be removed from the district and the request for reimbursement for prior improvements from the residents of Yessing Court. Tom Mueller, 18564 Vessing Court, believed it was not fair to exclude anyone from the district. Austin Kilbourne, 18531 Vessing, thought the assessment district was too costly, and not enough details had been provided. He believed a private contractor could do the work less expensively. Douglas Jonathan, 18584 Vessing, spoke in favor of the district. He suggested that the Council proceed by passing the required resolutions, then changing their mind later if they wished. Art Dana, 18500 Vessing Rd., spoke against the district. He stated that not everyone would benefit from the water portion of the project because he already has access to two fire hydrants. Gene Scothorn, Engineer for the district, stated the water line is not yet designed, and-it will be designed by the San Jose Water Company. The line would not benefit No Name Court, and the costs were distributed only among properties it would benefit. Phil Assaf, attorney for the district, stated that the proceedings would comply with Proposition 218. He said every assessment district involved some incidental public benefit; there was no general benefit involved in this district. - James Tate, 18632 Vessing Court, agreed with Mr. Dana and opposed the district. He submitted photographs of the area. He was willing to pay to fill potholes but not to change the water system. Paul Hug, 18540 Vessing Rd., supported the assessment district, saying that a neighborhood association had tried without success to do a repaying project fairly. Interim City Manager Perlin stated the costs of the district would be considerably less than estimated. Most of the property to be acquired is already encumbered by road easements, so acquisition costs would be low. Councilmembers expressed general agreement with assessment district. Mayor Moran pointed out that the neighbors have until the hearing on January 21 to rethink the question. WOLFE/JACOBS MOVED TO ADOPT RESOLUTION 97-23.5. Passed 5-0. WOLFE/JACOBS MOVED TO ADOPT RESOLUTION 97-23.6. Passed 5-0. WOLFE/JACOBS MOVED TO ADOPT RESOLUTION 97-23.7. Passed 5-0. Mayor Moran recessed the meeting from 10:30 p.m. to 10:40 p.m. When the meeting reconvened the same Councilmembers were present. C. Saratoga Village Valet Parking Plan Interim City Manager Perlin reviewed the staff report. Administrative Analyst Loft provided further information and introduced Michael Pedirutti of Corinthian International Parking Service. Mr. Pedirutti gave details of the plan and answered Councilmembers' questions. Deputy K. Tarabetz then answered further questions about the plan. There was consensus to agree to the trial program. After 120 days, City Council Minutes 5 November !9, 1997 review of the program would be conducted at a public hearing for which the residents would be mailed notice. Staff was directed to prepare a written agreement with the valet service operators which would include standard hours, no parking on Oak Street, encouragement to use less-utilized parking locations, moving of the 4th St. centerline, and a use permit for the use of the school parking lot. Mayor Moran felt that the Public Safety Commission should also be involved. WOLFE/JACOBS MOVED TO APPROVE THE MODIFIED VALET PARKING PLAN ON A 120- DAY TRIAL BASIS. Passed 5-0. WOLFE/JACOBS MOVED TO AUTHORIZE STAFF TO INSTALL INFORMATIONAL SIGNS AS RECOMMENDED BY THE TASK FORCE. Passed 5-0. WOLFE/JACOBS MOVED TO DIRECT STAFF TO CONTINUE MONITORING AND REPORT BACK WITH RECOMMENDATION. Passed 5-0. City Attorney Riback commented that if this plan becomes permanent, the Council may want to adopt an ordinance regulating valet services. 8. NEW BUSINESS A. Consideration of Change in Holiday Schedule JACOBS/SBAW MOVED TO APPROVE A CHANGE IN THE HOLIDAY SCHEDULE, FOR THE CURRENT SEASON ONLY, SUCH THAT DECEMBER 25 AND 26, 1997, AND JANUARY I AND 2, 1998, WOULD BE DEENED HOLIDAYS. Passed 5-0. (Clerk's note: December 24 and 31 would not be deemed holidays.) 9. ROUTINE MATTERS A. Approval of Minutes - 11/5 Councilmember Bogosian asked that the minutes on page 4 be corrected to show that he asked that volunteers working in the creek be notified of the danger of water pollution. WOLFE/JACOBS MOVED TO APPROVE MINUTE8 AS CORRECTED. Passed 5-0. 10. CITY COUNCIL ITEMS A. Agenda items for next adjourned regular meeting - No meeting scheduled for November 25. B. Other Councilmember Bogosian asked that the Green Belt Alliance be scheduled to make a presentation to the Council on December 17 concerning County land near Bear Creek. There was consensus to do so. 11. ADJOURNI{ENT The meeting was adjourned at 11:40 p.m.. The next scheduled meeting is the regular meeting of December 3. Respectfully submitted, Grace E. Deputy City Clerk