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HomeMy WebLinkAbout03-04-1998 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, March 4, 1998 - 6:00 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting Administration Conference Room, 13777 Fruitvale Avenue 6:00 p.m. - Special Meeting to interview Child Care Coordinator applicants (6:00 - Peter Holdorf; 6:10 - Nancy Anderson (withdrew); 6:20 - Marjan Sharifnejad) 6:30 p.m. CLOSED SESSION FOR CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION Possible initiation of litigation pursuant to Government Code Section 54956.9(c) in one case and possible exposure to litigation pursuant to Government Code Section 54956.9 (b) in one case. Mayor's Report on Closed 8esslon - No action taken. Pledge of Allegiance - Led by Councilmember Bogosian. 1. ROLL CALL Councilmembers Bogosian, Jacobs, Moran, Shaw and Mayor Wolfe were present. Staff members present were City Manager Perlin, City Attorney Riback, Community Development Manager Walgren, and Deputy City Clerk Ccry. 2. CEREMONIAL ITEMS A. Proclamation Honoring Marion Card MORAN/SHAW MOVED TO APPROVE THE PROCLAMATION. Passed 5-0. B. Petroleum Man of the Centur~ Proclamation BOGOSIAN/SHAW MOVED TO APPROVE THE PROCLAMATION. Passed 5-0. C. Absolutely Incredible Kids Day Proclamation MORAN/SHAW MOVED TO APPROVE THE PROCLAMATION. Passed 5-0. 3. REPORT OF CITY CLERK ON POSTING OF AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on February 27. 4. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. OI~AL COMMUNICATION8 Y Herb Radding, 14050 Chester Ave., submitted a letter supporting school district transfers and requested Council consideration. Mr. Radding then requested that the Special Event Permit fees collected for the San Jose Symphony Showcase benefit be waived. Presentation by Randy Anderson, Midpenlnsula Regional Open Space District concerning Open Space Study: Mr. Anderson explained the District's plans, illustrated them with slides, overhead projections, and a map, and answered Councilmembers' questions. He stated that it would be helpful if the Council or staff noted any mistakes on the maps and returned them to him. B. COMMUNICATION8 FROM COMMISSIONS - None. C. WRITTEN COMMUNICATIONS 1) Letter from Patricia Catlin, Saint Andrew,s Episcopal church, requesting waiver of fee for Celtic Fairs temporary use permit. City Council Minutes 2 March 4, 1998 Deputy City Clerk Cory reported that Mrs. Catlin had requested continuance of this matter to March 18, since she was unable to be present tonight. There was consensus to do so. 2) Letter from Laura Kim, 20812 Fourth St. #22, concerning naming a street after Nigerianactlvist Ben Charles Obi. There was consensus to refer this item to the Heritage Preservation Commission. Councilmember Moran suggested that Ms. Kim be invited to any meeting where the street name is considered. 3) Request from Hakone Foundation for Admission and Parking Fee Increase City Manager Perlin reviewed the staff report, noting that the purposes of the increased fees are to encourage people to join the Foundation and to recover costs. Councilmember Bogosian stated he felt the Foundation should get more revenue from events like conferences. He opposed raising fees because Hakone Gardens is a public park. Mayor wolfe reported that when he had been the liaison person the Foundation had an aggressive program to rent their facilities. SHAW/JACOBS MOVED TO APPROVE FEE REVISIONS AS PROPOSED. Passed 4-1 (Bogosian opposed). 5. CONSENT C~T,RNDAR A. Previously-Discussed Items - None. B. New Items Councilmember Bogosian requested that Item 6 be removed from Consent Calendar B. SHAW/BOGOSIAN MOVED TO APPROVE CONSENT CALENDAR B WITH THE EXCEPTION OF ITEM 6. Passed 5-0. 1) Planning Commission Actions, 2/25 - Note and file. 2) Finance Commission Minutes, 2/2 - Note and file. 3) Public Safety Commission Minutes, 12/11; 1/7 - Note and file. 4) M~mo Authorizing Publicity for Upcoming Hearings - CDBG Hearing 5) Approval of Payments for Emergency Storm Work performed by Stevens Creek Quarry 6) Approval of Check Register 7) Final Map Approval, Tr. 9028 (five-lot subdivision at 14596 Big Basin Way) (Owner, KMB, Inc.) 8) City Financial Reports for January: a) Treasurer,s Report - Receive and file. b) Investment Report - Receive and file. c) Financial Report - Receive and file. Councilmember Bogosian inquired as to the payment to Berlogar Geotechnical Consultants for the Villa Oaks landslide. City Manager Perlin replied that was for investigative work to find out the cause of the landslide and assign liability. Mr. Bogosian then inquired City Council Minutes 3 March 4, 1998 concerning a payment to Davco Waterproofing services. Mr. Perlin explained that the repairs were intended to fix a new'problem, not the previous problems in the Administration Building. Mr. Bogosian then asked about a payment to Swat Pest Control for work at the Library. Mr. Perlin replied that he would find out the kind of work done and relay the information to Mr. Bogosian. C. CLAIMS AGAINST THE CITY - None. 6. PUBLIC HEARING8 - None. 4. A. Oral Communications (continued) and instructions to staff regarding actions on current oral communications Concerning the letter submitted by Mr. Radding on school boundaries, there was consensus to direct the staff to prepare the letter for the Mayor's signature. Concerning Mr. Radding's request on the San Jose Symphony Showcase, there was consensus to direct the staff to prepare a report on previous similar fee waiver requests for the March 18 meeting. 7. OLD BUSINESS A. Approval of wording for Warning signs along Saratoga Creek City Manager Perlin reviewed the staff report. He noted that Mr. Mitchell approved the wording of the signs. Councilmember Shaw suggested that an additional warning sign be placed at the Wildwood Park cutfall saying that harmful substances might flow out of the storm drain. Councilmember Moran suggested that letters be sent to Mr. Mitchell and Mr. Whetstone thanking them. Victor Monia, 14665 Granite Way, supported wording for the proposed signs. He remarked that Mr. Whetstone in particular should be.thanked because he had signs installed at his own cost. Mr. Monia also asked for a tally of legal fees in connection with the Saratoga Creek litigation. Mayor Wolfe stated that he, too, would be interested in the litigation costs resulting from the lawsuit filed against the City. There was consensus to direct the City Attorney to prepare a memo with the information. MORAN/SHAW MOVED TO APPROVE THE WORDING OF THE SIGNS AS RECOMMENDED. Passed 5-0. 8. NEW BUSIIFESS ; A. Request for Waiver of ~exation at 19544 Glen Una Dr. (Osinski) City Manager Perlin introduced Community Development Manager Walgren, who reviewed the staff report and answered Councilmembers' questions. MORAN/SHAW MOVED TO DENY THE REQUEST FOR WAIVER AND DIRECT APPLICANTS TO SUBMIT AN APPLICATION FOR ANNEXATION TO THE CITY. Passed 5-0. Richard Gonerko expressed a desire to speak on the waiver request. City Manager Perlin'noted that although the Council had already taken action on the request, they could reconsider the action if they desired to after hearing Mr. Gonerko. Mr. Gonerko spoke as a representative of Waldemar Osinski, saying that Mr. Osinski wanted to remain in the County because the steepness of the lot requires a steeper driveway than the City permits. He said the house would not be much larger than the City permits and would not be visible from the road. The Council took no further action on the item. City Council Minutes 4 March 4, 1998 B. Personnel Issues in Connection with Reorganization City Manager Perlin reviewed the staff report, noting that adoption of these resolutions does not preclude further changes if new opportunities for enhancing City services or reducing costs arise. Michael Berman spoke as a representative for the Saratoga Employees Association. He expressed concerns about layoffs of some employees while other employees are getting raises. As to the custodial layoff, he stated there was no lack of work and no lack of funds, so the layoff was not justified. 1) Resolution Implementing a Reorg~nizatlon Plan, Authorizing Permanent Positions in City Service and Appointing James Walgren as Community Development Director MORAN/SHAW MOVED TO ADOPT RESOLUTION 85-9.108. Passed 5-0. 2) Resolution 2~nending the City's Classification Plan MORAN/BOGOSIAN MOVED TO ADOPT RESOLUTION 85-9.109. Passed City Manager Perlin noted that the resolutions increased, not reduced, the m~mher of staff members. Furthermore, they included no salary increases, and any such changes must be negotiated with the employee groups involved. C. Resolution calling Measure G 8peclal Election, June 2, 1998: General Plan i~mendment for BarrySwenson Builder for Project on Quito Road City Manager Perlin reviewed the staff report. He noted the receipt of a letter from Morrison & Foerster supporting an election before going through planning procedures and a communication from Marcia Fariss supporting planning processes before an election. Councilmember Moran reported that she had talked to Chris Mahoney, Alicia Guerra, and an attorney for the City of Napa; Councilmember Bogosian, that he had talked to representatives of Barry Swenson; Councilmember Shaw, that he had talked to Moosa Malek and Chris Mahoney; Councilmember Jacobs, that he was contacted but did not meet with anyone; Mayor Wolfe, that he was contacted by Jean-Paul D'Elia but did not meet with anyone. Cheriel Jensen, 13737 Quite Road, opposed the project because it is inconsistent with all current zoning districts.~ She felt no project may be suitable for this site because of various problems there. Jeff Schwartz, San Marcos Rd., opposed the resolution. Me requested that the Council either table the action and work on the Measure G resolution or deny the request. He believed the voters wished to know what they are voting on. He said the staff had said it would be impossible to deny the project if it were approved on the ballot. Moosa Malek, Los Altos Mills, spoke as an investor who wished to build a senior citizen housing project. He said the staff can deny the project even if the General Plan Amendment is approved on the ballot. He felt it was unfair to have the election after the developer has gone to the expense of preparing architectural plans. Barry Swenson, San Jose, stated that he wished to build a good project of which the City would be proud. Me said the traffic impacts of a senior citizens housing project would not be great enough to constitute a problem. He asked that the council consider the time and money required to develop the project, when it has only a one in five chance of approval. Alicia Guerra, Walnut 'Creek, an attorney for Barry Swenson Builder, favored the resolution. Betty Feldheym, 20184 Franklin Avenue, speaking as an advocate for City Council Minutes 5 Ma~ch 4, ~998 affordable housing, stated there is a need for this type of project in Saratoga. She felt the builder should be required to set aside some percentage of units for affordable housing. She believed the election should be held before going through the planning procedures. In response to several Councilmembers, City Attorney Riback explained various aspects of the matter. He said that, if the General Plan Amendment were approved on the ballot, the underlying project would still have to go through normal processes and could be denied. The land use designation would be changed if it were approved on the ballot, and the Council could not modify it. The resolution on Measure G implementation is a policy resolution which does not have the force of law; the City Council can follow it or not. He stated that the Measure G resolution is not a regulation; it is a process. Mayor Wolfe said that the applicant did not know the resolution was not a regulation, and it would not be fair to change the process now. Councilmember Jacobs stated that the builder has not invested a significant amount of money yet and that it is in his interest to go through planning procedures first and obtain the support of neighbors for the project. JACOBS/MORAN MOVED TO TABLE ACTION AND DIRECT STAFF TO PLACE RECONSIDERATION OF MEASUREG IMPLEMENTATION PROCESS ON A FUTUREAGENDA. Passed 4-1 (Wolfe opposed). D. Approval of Contrac~ with Interim Finance Director Ollver L. Wright City Manager Perlin reviewed the staff report and stated that Mr. Wright would probably be working two or three days per week. MORAN/JACOBS MOVED TO APPROVE CONTRACT. Passed 5-0. 9. ROUTINE MATTERS A. Approval of Minutes - 2/1S~ 2/24 MORAN/JACOBS MOVED TO APPROVE 2/18 MINUTES. Passed 4-1 (Bogosian abstaining because he had been absent). Concerning the Recreation Cost Recovery Task Force, Councilmember Shaw pointed out that the 2/24 minutes omitted the direction to staff to provide a salary structure survey of recreation departments of surrounding communities for the final report in April. MORAN/JACOBS MOVED TO APPROVE 2/24 MINUTES WITH THE ADDITION OF THE DIRECTION CONCERNING SALARY STRUCTURE FOR RECREATION DEPARTMENTS IN SURROUNDING CITIES. Passed 5-0. 10. CITY COUNCIL ITEMS A. Agenda items for next adjourned regular meeting - No meeting March 10. B. Other Councilmember Moran noted that Saratoga Little League opening day conflicts with the Council retreat, so no Councilmembers will be able to attend the opening day. 11. CITY MANAGEReS REPORT City Manager Perlin suggested the date of May 12 for the Brown Act Workshop. (Clerk~s Note: Later changed to May 26.) He also reported that Councilmember Moran, Planning Commissioner Martlage, Deputy City Clerk Cory, and he had visited the City of Monte Sereno to look at their City Council furniture. Since Saratoga~s Council furniture is in need of replacement, it may be possible to contract with the carpenter who constructed Monte Serenots furniture if it can be done at a reasonable price. Plans may be available in City Cobol1 Minutes 6 March 4, 1998 thirty to fo~y-five days. City Manager Perlin then reposed that a good response had been received to recmitments for the planner and depa~ment head positions. Councilme~er Shaw co~ented that the stronger overhead li~ts in the theater seemed to cut do~ glare from the li~ts facing the Council. 12. ADJO~R_NME~ The meeting was adjourned at 10:00 p.m. to 9:00 a.m. on Saturday, March 14~ for the Council retreat at Savannah Chanel Vineyards, 23600 Congress Springs Road. Respectfully s~mitted, Grace E. Co~/ Deputy City Clerk