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HomeMy WebLinkAbout04-01-1998 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, April 1, 1998 - 6:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting special Meeting 6:30 p.m. in Administration Conference Room, 13777 Frultvale Avenue Closed Session pursuant to Government Code Section 54956.9(c): CONFERENCE WITHLEGAL COUNSEL-POSSIBLE INITIATION OF LITIGATION IN ONE CASE and Government Code 54956.9(a): CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Name of Case: San Francisco Baykeepers v. Saratoga Mayor,s Report on Closed Session. - No action. 7:30 - Pledge of Allegiance - Led by Marilyn Buelteman. 1. ROLL CALL Councilmembers Bogosian, Jacobs, Moran, Shaw and Mayor Wolfe were present. Also present were City Manager Perlin, Community Development Director Walgren, Public Works Services Manager Enriquez, City Attorney Riback, 'and Deputy City Clerk Cory. 2. CEREMONIAL ITEMS A. Proclamation for AsianAmericans for Community Involvement MORAN/BOGOSIAN 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 March 27. 4. COEMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS F. L. Stutzman, Park Drive, spoke concerning the expansion plans of the Paul Masson Winery and its impacts on the City, although it is under County jurisdiction. He suggested that Pierce Road be open only to residents on concert days. He urged the Council to remain informed and keep the public informed of the matter. B. COMMUNICATIONS FROM COMMISSIONS - None. C. WRITTEN COMMUNICATIONS - None. 5. CONSENT CALENDAR A. Previously-Discussed Items 1) Resolution denying Request for Waiver of Annexation (osinskl) BOGOSIAN/MORAN MOVED TO ADOPT RESOLUTION 98-06. Passed 5-0. .City Manager Perlin removed Item 7 from Consent Calendar B and placed it under New Business. MORAN/SHAW MOVED TO APPROVE ITEMS 1 THROUGH 6 ON CONSENT CALENDAR B. Passed 5-0. B. New Items 1) Planning commission Actions, 3/25 - Note and file. 2) Memo Authorizing Publicity for Upcoming Hearings - Weiser Appeal City Council Minutes 2 April 1, 1998 3) Final Acceptance and Notice of Completion for Villa Oaks Lane Landslide Repair, CIP 9703 (stevens Creek Quarry) 4) city Financial Reports for February= a) Treasurer,s Report - Receive and file. b) Investment Report - Receive and file. c) Financial Report - Receive and file. 5) approval of First Amendment to Agreement between City of San Jose and City of Saratoga for Maintenance of Traffic slgnals under Joint Jurisdiction and authorisation for Mayor to Execute 6) approval of Check Register 7) Author~zati0n to Purchase Two New City Vehicles and Disposal as Surplus of Currently-Cr~ned City Equipment C. CLAIMS AGAINST THE CITY 1) Claim of Sera concerning automobile accident City Manager Perlin explained that the claims adjuster had found that the City had no liability in this case. SHAW/MORAN MOVED TO REJECT THE CLAIM. Passed 5-0. PUBLIC HEARINGS - None. 4. a. Oral Communications (continued) and instructions to staff regarding actions on current oral communications Councilmember Sogosian 'inquired as to how the Paul Masson Winery project was being monitored. Community Development Director Walgren explained how the staff responded to the Notice of Environmental Impact Report scoping. He expressed the belief that the County would take Saratoga's opinions and concerns seriously in this matter. Staff was directed to provide the staff's response to the County's Notice to both Council and Dr. Stutzman. Councilmember Shaw felt the Council should look at the possibility of protecting Pierce Road so that it could be entered only from Highway 9 by concert patrons. 7. OLD BUSINESS A. Request for Fee Waiver for San Jose Symphony showcase (continued from 3/18) City Manager Perlin introduced Community Development Director Walgren, who reviewed the staff report. He also answered Councilmembers' questions about parking to be provided and any necessary grading. Councilmembers discussed whether the San Jose Symphony Auxiliary, in selecting the site for the Showcase, had relied on a letter from staff dated February 10 which stated a Special Events Permit would not be required, but did not mention that a Temporary Use Permit would be required. Councilmember Jacobs noted that a letter dated February 6 from the secretary of the Auxiliary stated that the site had already been selected, indicating that the Auxiliary had not relied on the February 10 letter. Councilmembers discussed whether the fee should be waived because of the benefits the Symphony provides to the community and because it is a non-profit organization. City council Minutes 3 April 1, 1998 Bonnie Radding, President of the San Jose Symphony Auxiliary, submitted a contract dated February 26 and stated that there had been some doubt that the Showcase would be in Saratoga until that time. She felt the Showcase would have no adverse impacts on Saratoga, and the neighbors did not oppose it. In response to Councilmember Bogosian, she stated that Los Gatos had not charged them a fee. Councilmembers discussed whether possible unclear communication by the staff in the February 10 letter or good faith on the part of the applicant justified waiving the fee. MORAN/SHAW MOVED TO DENY THE REQUEST/%ND DIRECT THE APPLICANTS TO SUBMIT'THE $1500 TEMPORARY USE PERMIT FEE. Passed 3-2 (Bogosian, Wolfe opposed). 8. lqEWBUSIHESS 7) Authorisation to PUrchase Two New city Vehicles and Disposal as Surplus of Currently-Owned City E~uipment (moved from Consent Calendar B above) City Manager Perlin reviewed the reports. Public Works Services Manager Enriquez answered Councilmembers' questions. SHAW/BOGOSIANMOVED TOAUTHORIZE THE PURCHASE OF TWO CHEVROLET 3500 HD CAB AND CHASSIS THROUGH VICTORY CHEVROLET IN THE AMOUNT OF $48,227.56. Passed 5-0. MORAN/SHAW MOVED TO DECLARE A RUBBER-TIRED LOADER, A BACKHOE AND SKID STEER LOADER AS SURPLUS AND AUTHORIZE THEIR SALE THROUGH FIRST CAPITOL AUCTION. Passed 5-0. MORAN/SHAW MOVED TO AUTHORIZE THE'PURCHASE OF A BACK HOE LOADER WITH EXTENDAMOE THROUGH WESTERN TRACTION CO. IN THE AMOUNT OF $74,156.66. Passed 5-0. MORAN/SHAW MOVED TO AUTHORIZE THE PURCHASE OF A 16-FOOT ROTARY MOWER FROM WEST STAR DISTRIBUTING IN THE AMOUNT OF $63,867.50. Passed 5-0. City Manager Perlin stated that the staff would bring to the Council a proposal to replace the skid steer loader, probably in May. 9. ROUTINE MATTERS a. Approval of Minutes - 3/14; 3/18; 3/20; 3/24; 3/27 SHAW/MORAN MOVED TO APPROVE THE 3/14 MINUTES. Passed 5-0. SHAW/JACOBS MOVED TO APPROVE THE 3/18 MINUTES. Passed 5-0. SHAW/MORAN MOVED TO APPROVE THE 3/20 MINUTES. Passed 5-0. SHAW/MORAN MOVED TO APPROVE THE 3/24 MINUTES. Passed 5-0. SHAW/JACOBS MOVED TO APPROVE THE 3/27 MINUTES. Passed 4-0 (Bogosian abstaining because he had been absent). 10. CITY COUNCIL ITEMS A. Agenda items for adjourned regular meetingApril 7 - Joint Meeting with Finance Commission, Chamber of Commerce, 8BDC, TEAM Saratoga Councilmembers and staff discussed the proposed agenda and decided to discuss Measure G as a scheduling item only and to add a request from Saratoga Market Days to readopt a resolution suspending certain sections of the Zoning Ordinance. City Manager Perlin stated that the valet parking issue would be considered on April 15. Councilmember Bogosian noted that notices were City Council Minutes 4 April 1, 1998 to be Sent to the neighborhood. B. Other Councilmember Shaw mentioned that the Library is considering using its meeting room for other purposes. He asked if the City could supply a meeting room for the groups that have used the Library Meeting Room in the past. He also asked for a report on the two-week computer evaluation and an update on where we stand on implementation of the HTE system. Councilmember Bogosian brought up the Library Internet Access issue and asked that it be discussed at the joint meeting April 21 with the Library Commission. He also asked whether the Planning Commission was reviewing the temporary use permit process and fees. City Manager Perlin replied that it was more a policy issue for the City Council to decide. Councilmembers Bogosian and Moran asked that it be agendized for a Council meeting and that staff prepare a list of questions for the Council to answer on the issues. Councilmember Moran then asked that information on the proposed telephone area code split be sent to the County Cities Association. Councilmember Shaw stated that cablecasting of meetings lacks consistent quality, although the KSAR staff is doing its best to improve the situation. City Manager Perlin said that there have been problems with a camera. The staff is working on the lights with a lighting engineer. 11. CITY M~A~AGER~B REPORT New Planner - Christina Ratcliffe has been hired as a new Assistant Planner. Re&reation - Announced various upcoming events sponsored by the Recreation Department. Council Furniture - Councilmember Moran, Planning Commissioner Martlags, and Deputy City Clerk Cory met with Mr. Lame to further discuss how he might build replacement furniture for the Council Chambers. Birthday - Announced the second birthday of Leah Perlin! 12.. ADJOURNMENT The meeting was adjourned at 8:55 p.m. to the next meeting at 7:00 p.m. on Tuesday, April 7, at Adult Care Center, 19655 Allendale Avenue. Respectfully submitted, Grace E. Cory Deputy City Clerk