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HomeMy WebLinkAbout04-15-1998 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, April 15, 1998 - 6:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting 6:30 p.m. - Special Meeting for the purpose of a Closed Session pursuant to Government Code Section 54957: PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Manager Administration Conference Room, 13777 Fruitvale Avenue Mayor's Report on Closed Session - No final decisions. 7:30 - Pledge of A11eglance - Lad by Larry Fine. 1. ROLL CALL The meeting was called to order at 7:35 p.m. Councilmembers Bogosian, Moran, Shaw and Mayor Wolfe'were present; Councilmember Jacobs was absent. Also present were City Manager Perlin, Community Development Director Walgren, City Attorney Riback, and Deputy City Clerk Cory. 2. CEREMONIAL ITEMS A. Resolution appointing Public Safety Commissioners MORAN/SHAW MOVED TO ADOPT RESOLUTION 98-07. Passed 4-0. B. Administration of Oath of Office to Above Commissioners Bailingall, Biester, and Hexamer took the oath of office. 3. REPORT OF CITY CLERK ON POSTING OF AGENUA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on April 10. 4. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS Larry Fine, Regional AYSO Commissioner, opposed increased fees for use of Congress Springs Park by sports leagues. He requested that the proposed fee increase be agendized. He suggested that staff and Council meet with representatives of soccer leagues for discussion. Mark Linsky opposed the fee increase and noted the value of the soccer program. He supported the.idea of meeting to work out an agreement. B. COMMUNICATIONS FROM COMMISSIONS - None. C. WRITTEN COMMUNICATIONS - None. 5. CONSENT CALENDAR A. Previously-Discussed Items - None. B. New Items Councilmember Shaw removed Item 5 from the Consent Calendar. BOGOSIAN/SHAW MOVED TO APPROVE CONSENT CALENDAR B WITH THE EXCEPTION OF ITEM 5. Passed 4-0. 1) Plannlng Commission Actions, 4/8 - Meeting cancelled due to lack of a quorum. 2) Memo Authorizing Publicity for Upcoming Hearings - No hearings scheduled for May 6. City Council Minutes 2 i~ri115, 1998 3) Resolution 97-48.1 amending Resolution 97-48 appointing the Eakone Foundation Liaison 4) Approval of Check Register 5) Quarterly Report to Regional Water Quality Control Board on City NPDES Activity Councilmember Shaw asked that attendance at UCAP meetings be included in the NPDES reports. There was consensus to direct staff to route the UCAP agendas and minutes to the Council. SHAW/MORAN MOVED TO APPROVE ITEM 5. Passed 5-0. 6) Resolution 98-08 setting BondAmounts for certain City Officers 7) Approval of License Agreement between city and Primar~ Plus, Inc. regarding Property adjacent to E1 Quito Park and Authorization for Mayor to Execute C. CLAIMS AGAINST THE CITY 1) Claim of Morris in connection with automobile damage due to pothole SHAW/BOGOSIAN MOVED TO DENY THE CLAIM AND REFER IT TO THE SAN JOSE WATER COMPANY. Passed 4-0. Since the hour of 8:00 p.m. had not yet arrived, Mayor Wolfe proceeded to items following public hearings on the agenda. 4. a. Oral Communications (continued) and instructions to staff regarding actions on current oral communications It was noted that the fee increase brought up by Mr. Fine and Mr. Linsky was on the April 21 agenda. Staff was directed to respond to the points made in Mr. Fine's letter and include his letter in the packet. Mayor Wolfe then proceeded to Items 9 and 10. 9. ROUTINE MATTERS A. Approval of Minutes - 4/1; 4/7 SHAW/MORAN MOVED TO APPROVE THE APRIL 1 MINUTES. Passed 4-0. MORAN/SHAW MOVED TO APPROVE THE APRIL 7 MINUTES. Passed 4-0. 10. CITY COUNCIL ITEMS . A. Agenda items for adjourned regular meeting April 21 1) Joint Meeting with Library Commission Internet Access Use of Community Room space Other Items: 2) Recommendation from Parks and Recreation Commission on fee structure changes for use of parks by sports leagues 3) Quarterly Program and Major Project Review (includes Litigation Update by City attorney) 4) Third Quarter Financial Review 5) FY98-99 and 99-00 Budget Preview Councilmember Bogosian stated that the library is hiring a space consultant to make recommendations on use of the entire library, not City Council Minutes 3 April 1 S, 1998 just the Community Room. In addition to the suggested items, Councilmembers agreed to add Landscaping and Lighting District #1. 6. PUBLIC HEARINGS - 8:00 pm. A. Vessing Road Assessment District Protest Hearing (continued from 1/21) City Manager Perlin noted that a majority of the property owners had submitted a petition requesting continuance for three months. The public hearing was opened at 8:01 p.m. MORAN/BOGOSIAN MOVED TO CONTINUE THE HEARING TO JULY 15. Passed 4-0. B. Appeal of Design Review Approval and Variance Approval to construct a new 4,047 sq. ft. house, 25 feet in height on a vacant 1.002 acre lot at 21194 Ra~meadow Dr. in the R- 1-40,000 zoning district. Applicant requested variance approval in order to adhere to that zoning district,s standard front yard setback rather than the percentage- based setbacks prescribed for all vacant lots. Applicant also requested design review exception to permit construction of garage with 7 foot, 6 inch underfloor clearance, exceeding City limitation of 5 feet, and floor area exception to waive required floor area reduction for houses in excess of 18 feet in height. (Applicant, Petsson7 Appellant, Weiser)(DR97-0537 V97-011)(APN 503-55-53) City Manager Perlin noted the receipt of a petition from neighbors of the project supporting the application. Community Development Director Walgren reviewed the staff report and answered Councilmembers' questions. The public hearing was opened at 8:22 p.m. Harold Toppel, attorney for the appellant, expressed disagreement with the staff report. He felt the staff report's description of the view impact was incorrect, and the stakes and poles marking the site were misleading. He believed the house should have been single story, and it would have been better located lower on the lot, where he felt the soil, although potentially unstable, is buildable. He withdrew his objection to the building site approval. Russell Dotter spoke as architect for the project. Me stated that the house had been located where it was partly to avoid cutting down large trees on the lot. He said.the loss of view by the appellants was not as great as their representative described. He felt moving the house would cause more impacts on the neighbors, and the soil is too unstable on the lower part of the let. He answered Councilmembers' questions. Abby Weiser spoke as one of the appellants. She stated that Mr. Dotter had not seen the view impacts from inside her house and could not realize how significant they were. She felt the house should be moved to the lower part of the let. No one further appearing to speak, the public hearing was closed at 8:59 p.m. Councilmembers discussed the constraints on the lot, including trees and geology, the design of the project, and whether it was appropriate that the neighbors influence the design of a house. SHAW/MORANMOVED TO DENY THE APPEAL, TO UPHOLD THE PLANNING COMMISSION DECISION AND TO DIRECT THE CITY ATTORNEY TO PREPARE A RESOLUTION MEMORIALIZING THE DECISION AT THE NEXT MEETING. Passed 4-0. 7. OLD BUSINESS City Council alnutes 4 April as, 1998 A. Review of Village Valet Parking Program - continued from November 19 Administrative Analyst Loft reviewed the staff report. She stated that representatives of two condominium associations had been notified of this item. Councilmember Bogosian felt that the residents of Oak Street should be notified of this item. In answer to Councilmember Moran, Deputy City Clerk Cory stated that for a public hearing she prepares a memo recommending publicity which would thenbe approved by the City Council. Councilmember Moran stated that an ordinance should be drafted with provisions showing where cars can be parked and with a clause allowing for periodic review. She felt a public hearing should be held with thorough noticing. Council and staff discussed extent of noticing. There was consensus to mail first class notice of the hearing to Oak Street residents from Highway 9 to Sixth Street, including the school. MORAN/SHAW MOVED TO APPROVE FOR 60 DAYS THE MODIFIED VALET PARKING PLAN FOR SARATOGA VILLAGE WITH THE DELETION OF THE SARATOGA DRY CLEANERS VALET PARKING LOCATION. Passed 4-0. MORAN/SHAW MOVED TO AUTHORIZE STAFF TO CHANGE THE VALET LOADING ZONE AT SARATOGA DRY CLEANERS TO 15 MINUTE PARKING ZONES AND INSTALL CORRESPONDING SIGNAGE. Passed 4-0. MORAN/BOGOSIAN MOVED TO DIRECT STAFF TO DRAFT AN ORDINANCE FOR VALET PARKING SERVICE PERMITS FOR USING THE CITY~S PUBLIC RIGHT OF WAY~ THE ORDINANCE WILL INCLUDE DELINEATION OF WHERE CARS ARE TO BE PARKED AND A PROVISION FOR PERIODIC REVIEW~ IT WILL BE INTRODUCED AT A PUBLIC HEARING WITH THOROUGH NOTICING. Passed 4-0. In. answer to Councilmember Bogosian, City Manager Perlin stated that the signs would cost under $100. City Attorney 'Riback stated the Planning Commission would not be involved in the ordinance unless the City Council wished them to be. City Manager Perlin stated that the Public Safety Commission has been the group involved. 8. NEW BUSINESS A. Landscaping and Lighting District LLA-1 - Resolutions preliminarily Approving Engineers Report and setting Public Hearing. City Manager Perlin noted that corrections needed to be made in some of the calculations in the Engineers Report. He recommended continuing the item. There was consensus to continue the item to April 21. B. Position on Proposition 224 City Manager Perlin reviewed the report. John Heindel spoke as an engineer who performs contract work for the City. He explained his opposition to the proposition and urged the Council to express opposition. BOGOSIAN/SHAW MOVED TO OPPOSE PROPOSITION 224 AND TO DIRECT STAFF TO WRITE A LETTER FOR THE MAYOR TO SIGN. Passed 4-0. B. Other Councilmember Shaw suggested that the agenda be revised to make it clearer that agenda items for upcoming meetings were not intended for City Council H~nutes 5 ~i115, ~998 substantive discussion, but were placed on' the agenda for scheduling purposes only. Councilmember Bogosian asked about the status of Villa Oaks Lane; City Manager Perlin replied that it would be included in the City Attorney's next litigation update. Councilmember Moran asked about a presentation to be made by West Valley Sanitation District; City Manager Perlin replied that he was scheduling it, along with two other presentations. Mayor Wolfe reported that he had spoken to Principal Kevin Skelly about various means of acquainting high school students with local government. 11. CITY M~dqAGER. S REPORT Sheriff Candidate Forum - League of Women Voters is sponsoring a forum on May 5 at 7:30 pm. Sheriff's Technician - Yvette Gonzales has resigned, effective April 24, to take another position. Area Code Boundary Chanqes - Announced upcoming hearings. Auction - Auction of surplus equipment gained over $77,000. Recruitment - Recruitment for several positions is proceeding smoothly. Creek - Announced upcoming creek cleanups. Mayor Wolfe mentioned that he had spoken to the Executive Director of the County Cities Association. She will send letters to the Public Utilities Commission and other appropriate bodies opposing area code splits for small cities. 12.. ADJOUP_NMENT The meeting was adjourned at 10:00 p.m. to 7:00 p.m. on Tuesday, April 21, at the Adult Care Center, 19655 Allendale Avenue. Respectfully submitted, Grace E. Cory Deputy City Clerk