HomeMy WebLinkAbout12-03-1997 City Council Minutes MINUTES
SARATOGA CITY COUNCIL
TIME: Wednesday, December 3, 1997 - 7:00 p.m.
PLACE: Civic Theater, 13777 Fruitvale Ave.
TYPE: Regular Meeting
Closed Session in Administration Conference Room, 13777 Fruitvale
Avenue at 7:00 p.m. pursuant to Government Code Section 54957.6:
CONFERENCE WITH LABOR NEGOTIATOR
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 Charles Moran.
1. ROLL CALL
Councilmembers Bogosian, Jacobs, Shaw, Wolfe, and Mayor Moran were
present. Also present were City Manager/City Clerk Perlin, Interim
Administrative Services Director Larson, Community Development Manager
Walgren, Deputy City Attorney Faubion, and Deputy City Clerk Cory.
2. CEREMONIAL ITEM8
A. Council Reorganization
The City Clerk declared the office of Mayor vacant and asked for
nominations.
JACOBS/BOGOSIAN MOVED TO NOMINATE DON WOLFE. Passed 5-0.
The City Clerk administered the oath of office to Mayor Wolfe. He then
declared the office of Vice Mayor vacant and asked for nominations.
BOGOSIAN/SHAW MOVED TO NOMINATE JIM SHAW. Passed 5-0.
Mayor Wolfe administered the oath of office to Vice Mayor Shaw.
Mayor Wolfe then presented a gift to former Mayor Moran.
B. Resolution making Appointments of Delegates and Alternates
to Agencies and Boards
JACOBS/MORAN MOVED TO ADOPT RESOLUTION 97-48. Passed 5-0.
C. Resolution appointing Elaine Salterand Jacqueline Brentano
8tlne as Members of the Eakone Foundation Board
JACOBS/MORAN MOVED TO ADOPT RESOLUTION 97-49. Passed 5-0.
D. Administration of Oath of Office to New Board Members
Since neither new board member could be'present, the Deputy City Clerk
will administer the oath at a later date.
3. REPORT OF CITY ClaRE ON POSTING OF AG~NUA
PUrsuant to Government Code 54954.2, the agenda for this meeting was
properly posted on November 26.
4. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC
A. ORAL COMMUNICATIONS - None.
B. COMMUNICATION8 FROM COMMISSIONS - None.
C. WRITTEN COMMUNICATIONS - None.
5. CONSENT CALENDAR
A. Previously-Discussed Items - None.
City Council Minutes 2 December 3, 1997
Councilmember Bogosian asked that Item 5 be removed from the Consent
Calendar.
MORAN/JACOBS MOVED APPROVAL OF THE CONSENT CALENDAR EXCEPT FOR ITEM 5.
Passed 5-0.
B. New Items
1) Planning Commission Actions, 11/25 - Note and file.
2) Public Safety Commission Minutes, 10/6 - Note and
file.
3) Youth Commission Minutes, 10/6 - Note and file.
4) Ordinance 71-152.1 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 (second reading and adoption
by title only, waiving further reading)
5) Resolution appointing Corporate Representatives to
Small Claims court
councilmember Bogosian asked for further explanation of the small
claims court procedure, which City Manager Perlin provided.
BOGOSIAR/MORAN MOVED TO ADOPT RESOLUTION 97-50. Passed 5-0.
6) Approval of Check Register
7) Memo Authorizing Publicity for Upcoming Hearings - No
hearings scheduled for 12/17.
C. CLAIMS AGAINST THE CITY
1) Claim of Rubio in connection with injury sustained on
Wildwood Park Bridge
JACOBS/MORAN MOVED TO REJECT THE CLAIM. Passed 5-0.
4. a. Oral Communications (continued) and instruutions to staff
regarding actions on current oral communications - None.
Since the hour for public hearings had not yet arrived, Mayor Wolfe
proceeded to other items on the agenda.
7. OLD BUSINESS
A. Request for reduction/waiver of soundwall permit fee
(Cefalu) (continued from 11/19)
At the applicant's request, there was consensus to continue this item
to December 17.
8. ~w BUSINESS
a. Resolution Approving Memorandum of Understanding with
Saratoga Employees Association
BOGOSIAN/JACOBS MOVED TO ADOPT RESOLUTION 85-9.107. Passed 5-0.
9. ROUTINE MATTERS
a. Approval of Minutes - 11/19
MORAN/JACOBS MOVED TO APPROVE AS SUBMITTED. Passed 5-0.
10. CITY COUNCIL ITEMS
A. Agenda items for adjourned regnlar meeting December 9
- Joint Meeting with Saratoga Area Senior Coordinating
City Council Minutes 3 December 3, 1997
Council
Modification of the City of Saratoga SASCC Agreement, with
inclusion of Saratoga Adult Care as a unit of the
corporation.
Proposal in concept for rehab and use of CDBG funds for
desired improvements for Senior Center and Saratoga Adult
Care Center.
Proposal for maintenance of certain equipment and
furnishings with a specific annual dollar allocation.
Expectations of fiscal and program audit by City of
Saratoga.
- Draft Request for Proposal for Prides Crossing (Miller
Avenue) traffic study
- Warrant List Issues
- Cost Recovery Plan for Recreation
- Massage Ordinance
- Proposal for Hillside Road Repair Fund reserve requirement
- Policy Manual
Since the December 9 agenda appeared lengthy, there was consensus to
hold over to another meeting three items: Warrant List Issues, Proposal
for Hillside Road Repair Fund Reserve Requirement, and Policy Manual.
6. PUBLIC HEARINGS
A. Appeal of Use Permit Approval (expiring at the close of
spring 1998 classes) to utilize eight existing classrooms
and two multi-purpose rooms on two floors of the Immanuel
Lutheran Church for the One World Montessori School.
Approximately 145 students would attend. A play area would
be set up in an adjacent parking 10t during the week. The
parcel is 3.24 acres in size with 114 parking spaces,
located at 14103 Saratoga Avenue in an R-1-20,000 zoning
district (Appellant, Fiona Rodriguesl applicant, Immanuel
Lutheran Church/One world Montessori)(UP97-012)(APN 397-
25-095)
Councilmember Jacobs noted that the spouse of a client of his had
submitted a letter concerning the appeal, so he recused himself from
the proceedings as advised by the City Attorney, left the premises, and
did not return.
City Manager Perlin noted the names of writers of a number of letters.
that had been forwarded to the Council since their information packet
had been prepared last week.
Community Development Manager Walgren reviewed the staff report and
answered Councilmembers' questions. He noted that he had seen the
traffic study prepared by Korve Engineering and believed it was
consistent with the staff report.
The public hearing was opened at 8:24 p.m.
Fiona Rodrigues spoke as the appellant, saying that she represented many
other people. She said the issues were traffic and safety, increase in
intensity of usage of the property, and sufficiency of the number of
educational institutions in Saratoga.
Rebecca Keith spoke as the applicant, representing One World Montessori
School. She asserted that the school had taken steps to make sure that
Saratoga Avenue would be safe in spite of the increased traffic and
explained the difficulties the school had experienced in finding a new
location. She explained their efforts to prevent noise from being a
City Council Minutes 4 December 3, 1997
problem and noted that the use permit would be temporary.
Various members of the public spoke on both sides of the issues. Those
discussed were automobile traffic and parking concerns on Saratoga
Avenue and the surrounding neighborhood; noise; safety of bicyclists,
particularly schoolchildren; whether the school benefitted Saratoga and
its children; lack of another location for the school; whether the
school should be treated like any other business; possible decline in
property values; whether the use permit could be expected to be
extended indefinitely; credibility of the traffic study; quality of the
school; lack of complaints about the school when they were here
previously.
Linda and Thomas Parker, 14136 Okanagan, spoke against the use permit,
as did Mark Hayes of 14191 Squirrel Hollow Lane, Cindy Ruby of 14205
Squirrel Hollow Lane, Joanne Martens of 14069 Loma Rio Drive, and Brad
Mandell of 14031 Jerries Drive. Ray Gans of San Jose spoke for the use
permit, as did Judy Jordan-Biesele of Santa Clara and Jim Gasiewski of
15845 Glen Una. Betty Jo Stewart of 12517 Palmtag Drive read a letter
from Dr. F. L. Stutzman against the use permit. Erna Jackman of 14515
Oak Street read a letter from Gladys Wood against the use permit.
William Avery of 13085 Ten Oak Way, president of the Congregation of
Immanuel Lutheran Church, spoke for it. Preston Burlingham of 14173
Squirrel Hollow Lane spoke against the use permit, as did Michael
Andres of 14065 Saratoga Avenue, Linda Sato of 14232 Juniper Lane,
Debbie Pienkos of 14224 Loveland Court and Larry Fine of 14075 Saratoga
Avenue.
Dennis Struecker of Korve Engineering reviewed the firm's traffic
study. Craig Stanley of San Jose spoke for the use permit. Michael
Miller of 14101 Douglass Lane spoke against it, as did Caron Whitacre
of 14070 Shadow Oaks Way, Kitty Tartt Maguire of 14183 Saratoga
Avenue, Nina Hitchcock of 14010 Shadow Oaks Way, and Mike Fox of 14000
June Way.
Mayor Wolfe called a recess at 10:05 p.m. At 10:20 p.m. the meeting
was reconvened, with the same Councilmembers present.
Paula Bloom of 14150 Squirrel Hollow Lane spoke against the use permit.
Daniel Witt of Cupertino spoke for the permit, as did Lindsay
Cunningham of Cupertino, Laura Collins of 14890 Baranga Lane, and
Johanna Keith. Adrian Abate of 14050 Loma Rio Drive, representing
three other family members, spoke against it. James Chouw of 13336
Ronnie Way spoke for the use permit, as did Pu-Chien Hsu of 20745
Canyon View. Justin Wang of 14198 Juniper Lane spoke against it. Dan
Casas of 20545 Komina Avenue spoke for it, as did Jeanette Montoto of
824 Abbott Avenue and Coleen Wagner of 12861 Pierce Road. Lawrence
Reeve of 19960 Lannoy Court spoke against it. Mihir Mohanty of 18890
Woodleigh Court spoke for it, as did Gena Kraft of Cupertino. Mary
Callaghan of 14093 Loma RiO Drive spoke against it, and Garret Rose of
14595 Carnelian Glen spoke for it.
The appellant and the applicant then summed up their views. The public
hearing was closed at 11:05 p.m.
Councilmembers gave their opinions on the appeal, particularly traffic
safety, compatibility of the school, and the fact that the permit is
discretionary.
BOGOSIAN/SHAW MOVED TO GRANT THE APPEAL, OVERTURNING THE PLANNING
COMMISSION DECISION. Passed 4-0 (Jacobs abstaining).
Mayor Wolfe proceeded to Items 8.B. and 8.C.
B. Replacement of Workstations in Finance Office
councilmember Shaw asked about possible savings on this purchase.
Councilmember Bogosian suggested that if the project were not pressing,
it could wait until the new Finance Director was appointed. Staff was
directed to check into the possibility of completing the project less
expensively and return at the next meeting.
City Council Minutes 5 December 3, 1997
C. ~pp:oval of~g:eement with Data Ticket, Xnc. for processing
parking citations
City Manager Perlin explained the agreement, noting that City staff had
previously processed citations, but that adequate staffing to continue
to do this no longer existed. Councilmembers expressed approval of
accomplishing this task economically through private contracting.
BOGOSIAN/MORAN MOVED TO APPROVE THE CONTRACT AND INCREASE THE BAIL
AMOUNTS FOR SELECTED PARKING ORDINANCE VIOLATIONS. Passed 5-0.
Staff was directed to investigate other services which might be
contracted out ~or increased savings and efficiency.
Since Item 9.A. had been handled earlier, Mayor Wolfe proceeded to Item
B. Other
Councilmember Moran noted that some commission application forms seemed
to be out of date and inquired if updating them were part of the Policy
Manual. The Deputy City Clerk said they were not but agreed that the
forms were outdated.
Since Item 10 had been handled earlier, the meeting was adjourned.
11. ADJO~RI~MENT
At 11:48 p.m. the meeting was adjourned to 7:00 p.m. on Tuesday,
December 9, at Adult Care Center, 19655 Allendale Avenue.
Respectfully submitted,
Grace E. Cory
Deputy City Clerk