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HomeMy WebLinkAbout08-05-1998 City Council Minutes MINUTEB 2AI~TO~ CITY COUNCIL TIME: Wednesday, August 5, 1998 - 6:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting Special Meeting for the Purpose of Closed Sessions Administration Conference Room 6:30 p.m. - Pursuant to Government Code 54957: PUBLIC EMPLOYEE APPOINTMENT Title: Finance Director and pursuant to Government Code 54957.6: CONFERENCE WITH LABOR NEGOTIATOR Agency negotiator: Larry I. Perlin Employee organization: Saratoga Employees Association; Saratoga Management Organization Special Meeting for the Purpose of Library Commission Interviews: 6:45 - Bethel; 6:55 - Gipstein; 7:05 - Lynch (cancelled) Mayor's Report on Closed Bession - No report. 7:30 - Pledge of Allegiance - Led by Councilmember Bogosian. 1. ROLL CALL Councilmembers Bogosian, Jacobs, Moran, Shaw and Mayor Wolfe were present. Also present were City Manager Perlin, Assistant City Attorney Faubion, Community Development Director Walgren, and City Clerk Cory. 2. CEREMONIAL ITEMS A. Resolution appointing Donald Korn to Rakone Foundation Board of Trustees MORAN/BOGOSIAN MOVED TO ADOPT RESOLUTION 98-26. Passed 5-0. B. Administration of Oath of Offlee to Mr. Korn Mr. Korn took the oath of office. 3. REPORT OF CITY ClaRE ON POSTING OF AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was. properly posted on July 31. 4. COMMUNICATION8 FROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS Tom Pochari rose to object to being fined for traffic violations while bicycle riding and to alleged harassment by Sheriff's deputies. Councilmember Bogosian noted that the traffic fines are set by legislature and are now about $100 higher"than previously. Mayor Wolfe brought up a letter received from Marcia Fariss objecting to his pursuing the establishment of a Blue Ribbon Panel on City finances. Be asked if any Councilmember wished to read it aloud. Councilmember Bogosian said that it should simply be noted that the letter was sent. Mayor Wolfe stated that his advocacy of the panel was a matter of City Council Minutes 2 August 5, 1998 responding to his obligation as anelected official to speak out. He felt the letter showed a misunderstanding of the democratic process. B. COMMUNICATIONS FROM COMMISSIONS - None. C. WRITTEN COMMUNICATIONS 1) Letter from Christina Gulrich concerning various code enforcement issues Councilmember Jacobs felt the staff response to Ms. Gulrich was adequate. He then brought up a letter from Roger Wong which was very complimentary to City Manager Perlin. He felt Mr. Perlin was doing a good job as City Manager. Councilmember Bogosian then commented on a letter from Phyllis Garrity asking that the Community Meeting Room in the Community Library not be used for book storage. 5. CONSENT CALENDAR A. Previously-Discussed Items 1) Resolution confirming Previous Decision on Neog~ Appeal MORAN/BOGOSIAN MOVED TO ADOPT RESOLUTION 98-27. passed 5-0. B. New Items Councilmember Moran requested the removal of Item 5.B.2. JACOBS/MORANMOVED TO APPROVE CONSENTCALENDARB EXCEPT FOR ITEM 5.B.2. Passed 5-0. 1) Planning Commission Actions, 7/22 - Note and file. 2) Appointment of Jim Stallmemas City Representative to CMA Bicycle Advisory committee Councilmember Moran expressed appreciation for Mr. Stallman's continuing involvement in bicycle issues. MORAN/BOGOSIANMOVED TO APPROVE THE APPOINTMENT OF JIM STALLMANTO THE CMA BICYCLE ADVISORY COMMITTEE. Passed 5-0. 3) Memo Authorizing Publicity for Upcoming Hearings - No meeting August 19. 4) Village Valet Parking Ordinance 71-176 (Second reading and adoption) and Resolution 98-21.1 setting Fee 5) Resolution MV-160.1 designating the Intersection of Aloha Ave. and Komina Ave. as a 3-way Stop Intersection Approval of Check Register 7) Approval of Animal Licensing Agreement between Humane Society and Othe~ Jurisdictions S) Final Acceptance and Notice of Completion for Hakone Gardens Restrooms, CIP No. 9704 9) Final Map Approval for Tr. 7424, 3 lots at Peach Rill Road (Owner, Dimanto/Ablemis)(SDS8-005.01) and authorization for Mayor to execute subdivision Improvement Agreement 10) Final Map Approval for Tr. 8561, 2 lots at Madtone Rill Road (owner, Dimanto/Ablemis)(SDSS-005.02) and authorization for Mayor to execute Subdivision Improvement Agreement City Council Minutes 3 Aux:JnstS, ~998 ll) Approval of Amendment to weedAbatement Agreement with County of Santa clara C. CLAIMS AGAINST THE CITY 1) Claim of Haghshenas concerning damage caused by falling tree City Manager Perlin explained the staff recommendation to reject the claim. BOGOSIAN/MORAN MOVED TO REJECT CLAIM. Passed 5-0. 6. PUBLIC HEARING8 A. Public Hearing on Proposed Formation of Underground Utility District~,mher 8 (Saratoga Avenue between Fruitvale Avenue and Baroni Court) (continued from June 3) JACOBS/SHAW MOVED TO CONTINUE THE PUBLIC HEARING TO SEPTEMBER 2. Passed 5-0. B. Landscaping and Lighting District LLA-1 1) Public Hearing on Proposed Assessments for FY 98-99 (continued from July 15) City Manager Perlin explained the history of the efforts to continue the assessment district, noting that the landscape maintenance contract following this item on the agenda was for work in the district. He reported the votes as follows: BALLOTS NUMBER OF ACTUAL VOTES UNDELIVERED ZONE POTENTIAL VOTES SUPPORT OPPOSE OR UNSIGNED 27 31 6 7 2 28 (first 16 3 4 0 mailing) 28 (second 16 7+1'=8 1+2,=3 0 mailing) 29 60 29 7 5 30 I 0 i 0 ,Ballot from previous mailing; not superseded, so included in final count. City Manager Perlin noted that the district was not approved in Zones 27 and 30. The public hearing was opened at 8:04 p.m. No one appearing to speak, it was closed at 8:05 p.m. MORAN/SHAW MOVED TO APPROVE STAFF RECOMMENDATION AND ADOPT RESOLUTION 98-05.4 WITH THE ADDITION OF ZONES 27 AND 30 IN THE BLANK SPACES. Passed 5-0. 2) Declaration of lowest responsible Bidder and Award of Maintenance Contract to Diablo Landscape Management SHAW/MORAN MOVED TO DECLARE DIABLO LANDSCAPE MANAGEMENT THE LOWEST RESPONSIBLE BIDDER. Passed 5-0. SHAW/MORAN MOVED TO AWARD CONTRACT TO DIABLO LANDSCAPE MANAGEMENT IN THE AMOUNT OF $4,090 PER MONTH. Passed 5-0. C. Zoning Ordinance Amendments (first reading and introduction) - Proposed amendments include revisions to City Council Minutes 4 Ja..~gtS, 1998 the Building FloOr Ar~a and Average Site Slope definitions, the Building Floor Area Reduction requirements, the Administrative Design Review and Accessory Structure Review process, and the Sign Ordinance. New regulations would include a restriction on the number of wood burning fireplaces allowed and the creation of a creek protection setback for new construction. In addition, amendments are .being proposed to the Lot Impervious Coverage requirements to match the language of the Measure G initiative. The proposed amendments have been determined to be categorically exempt from the requirements of the California Environmental Quality Act. City Manager Perlin brought up a letter from Peninsula-West Valley Association of Realtors requesting continuation of this item until after Labor Day to allow them to study it further. Community Development Director Walgren reviewed the staff report. The public hearing was opened at 8:28 p.m. Jim Guthrie spoke representing the Bay Area Air Quality Management District. He favored the restriction on wood-burning fireplaces and requested that the proposed ordinance not be relaxed to allow EPA- certified stoves. Shannon Elam spoke representing Peninsula-West Valley Association of Realtors. She expressed concern about the elimination of the exception regarding floor area reduction in certain zones because- it would restrict the right to petition for redress. No one further appearing to speak, the public hearing was closed at 8:31 p.m. MORAN/BOGOSIAN MOVED TO INTRODUCE THE TEN ORDINANCES BY TITLE ONLY, WAIVING FURTHER READING, AND TO SCHEDULE THE ORDINANCES FOR SECOND READING ON SEPTEMBER 16. Passed 5-0. D. Weed Abatement - Resolution Confirming Report and Assessment of Weed Abatement Charges City Manager Perlin reviewed the staff report. The public hearing was opened at 8:35 p.m. No one appearing to speak, it was closed at 8:35. MORAN/SHAW MOVED TO ADOPT RESOLUTION 98-28. Passed 5-0. E. Appeal of denial of request for modification of Desiqu Review and Use Permit approval to redevelop and expand the Argonaut Shopping Center by adding approximately 10,000 sq. ft. to the existing Safeway Supermarket, renovating the existing Center buildings and constructing two new free- standing buildings. The modification request is to allow the free-standing building approved for Pad B at the southeast corner of Saratoga-S--nyvale Road and Blauer Drive to be separated from the overall project approval so that they may proceed with construction of that building independent of the overall project. The conditions of approval required that construction of the free-standing buildings occur simultaneously with the renovation of the Center, in order to ensure that the renovation did occur. Applicant/appellant, saratoga Courtyards, LLC (DR96-056.1 and UP96-016.1) (APN393-01-024, 025, 026, 027, 028 & 393- 02-003) City Manager Perlin noted that a letter had been received from Richard and Arlene Noodleman opposing the appeal. Community Development Director Walgren reviewed the staff report. The public hearing was opened at 8:41 p.m. City Council Minutes 5 August 5, 1998 Anthony Morici spoke as the applicant/appellant. He felt he should not be held hostage due to failure of the main center to perform. Since the properties are under separate ownership, he felt that refusing to issue his building permit would not force the main center to proceed. He said the architecture would be the same as the main center. He saw no written condition which would prevent him from starting his project on Pad B independently. Chris Hawkes, Blauer Dr., felt the sale of Pad B may have been an attempt to evade restrictions and should not be encouraged. She opposed allowing Pad B to go forward independently, as did Denise Levy, Regan Lane, who feared that a store such as a Blockbuster Video might go on the pad. Mr. Morici stated he was not trying to circumvent anything. He believed his proposed building was too small for a tenant such as Blockbuster Video, and he had a signed lease for an office use. No one further appearing to speak, the public hearing was closed at 9:03 p.m. Councilmember Jacobs recalled that he had brought the project up for Council review when it had been approved previously. Although he had objected to the design, it had been approved. He believed the approval was for one project, and it should be built that way. Mr. Morici's letter concerning the architecture is not legally enforceable, he said. Mayor Wolfe said Mr. Morici's project should be allowed to proceed, which he felt would actually be a benefit to the neighbors. Councilmember Shaw said the Planning Commission had considered the project as a whole, and it should remain the same now. Councilmember Bogosian felt the approval was for an integral development, and the property owner knew it. He felt the Council was under no obligation to split the project. Councilmember Moran also believed Pad B was integral to the total project. She did not wish to modify the previous approval. JACOBS/BOGOSIAN MOVED TO UPHOLD THE PLANNING COMMISSION DECISION AND DENY THE APPEAL. Passed 4-1 (Wolfe opposed). City Manager Perlin noted that the resolution formalizing the Council's decision would be on the September 2 agenda. 4. A. Oral Communications (continued) and instructions to staff regarding actions on current oral communications Concerning Mr. Pochari's oral communication, Councilmember Moran asked that staff provide the Council with any further information that came to light. City Manager Perlin stated that the Public Safety Commission would review the issue, and Captain Wilson has assigned a deputy to investigate it. Councilmember Moran wished to hear from the Commission after their review so that the safety of the intersection at Fruitvale and Saratoga could be re-examined. Mayor Wolfe noted that he had seen bicycles fly through the stop sign and had seen one being cited. Councilmember Bogosian reported that in traffic violator school the concept of sharing the road with all types of conveyances is important; similarly, all share the same Vehicle Code regulations. 7. OLD BUSINESS - None. 8. NEW BUSINESS City Manager Perlin requested that an item concerning Quarry Creek City Council Minutes 6 August S, 1998 wetlands mitigation be added to the agenda. JACOBS/MORAN MOVED TO PLACE QUARRY CREEK WETLANDS MITIGATION ON THE AGENDA. Passed 5-0. Councilmember Moran asked. whether there might be a better deal available. City Manager Perlin said there was not. The Quarry Creek Trust Fund contains about $35,000to $37,000, most of which would be used for this project. Councilmember Bogosian felt the proposal was reasonable and asked if the feral cats had been removed from the wetlands area. City Manager Perlin reported that West Valley College had made an extensive effort and had successfully removed or relocated the cats. MORAN/JACOBS MOVED TO APPROVE THE ISSUANCE OFT HE CONSTRUCTION CONTRACT WITH STEVENS CREEK QUARRY NOT TO EXCEED $30,750, TO BE PAID FROM THE QUARRY CREEK TRUST FUND. Passed 5-0. 9. ROUTINE MATTERS A. Approval of Minutes - 7/15~ 7/21 SHAW/MORAN MOVED TO APPROVE MINUTES OF JULY 15. Passed 5-0. JACOBS/SRAW MOVED TO APPROVE MINUTES OF JULY 21. Passed 4-0-1 (Bogosian abstaining because he had been absent). 10. CITY COUNCIL ITEMS A. Agenda items for future adjourned meetings: 1) August 11 -Joint Meeting with Sheriff and Public Safety Commission Report on Sheriff's Activities for FY 1997-98 Preview of Sheriff's Activities for FY 1998-99 Ordinance on Sleeping in Vehicles Public Safety Commission Work Plan Adult Business Ordinance Supplementary Code Enforcement Staffing through COPS funding Staffing for Public Safety Commission -LOU and MOU Amendments 2) October 27 -Quarterly Review of Projects and Programs -Joint Meeting with Saratoga Union School District Councilmember Moran suggested that the last Library Commission interview be added to the August 11 agenda. Councilmember Shaw requested both oral and written reports for quarterly meetings. B. Other Mayor Wolfe commented that most other cities do not have as many adjourned meetings as Saratoga. Me felt their number should be reduced. Councilmember Bogosian agreed with Mayor Wolfe. Be felt the Council should consider a maximum of three meetings per month. Mayor Wolfe reported that he would meet the next day with Pacific Bell on area coderea%igument. Councilmember Moran encouraged him to take a strong message t?Pacific Bell that Saratoga should have no more than one area code. City Council Minutes 7 August S, 1998 ll. CITY NANAGER.S REPORT Saratoqa-Sunnyvale Road Work: Caltrans is working.on this; it may be a precursor to rehabilitation project. Recreation Department: Information on various trips, camps, and events. State Budget: Tentative agreement on the State budget; Vehicle License Fee Update. 12. ADJOURlqMENT At 9:45 p.m. the meeting was adjourned in memory of George Korbay, co- chair of the Highway 85 Noise Abatement Committee, to 7:00 p.m. on Tuesday, August 11, at the Adult Care Center, 19655 Allendale Avenue. Respectfully submitted, City Clerk