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HomeMy WebLinkAbout10-21-1998 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, October 21, 1998 - 7:00 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting CloSed Session pursuant to Government Code Section 54956.9: CONFERENCE W1T!/LEGAL COUNSEL- EXISTING LITIGATION Name of Case: San Francisco Baykeepers et al. vs. State Water Resources Control Bd., City of Saratoga et al. 7:00 in Administration Conference Room, 13777 Fruitvale Avenue Mayor's Report on Closed Session - In Mayor Wolfe' s absence, Vice Mayor Shaw reported that no actions were taken in closed session. 7:30 - Pledge of Allegiance - Led by Ma. L'mda Burke, new City of Saratoga employee. 1. ROLL CALL The meeting was called to order at 7:35 p.m. Council members present were: Bogosian, Jacobs, Moran, and Vice Mayor Shaw. Mayor Wolfe was absent. Staff members present were: City Manager Perlin~ City Attorney Riback, and Administrative Analyst Jacobs. 2. CEREMONIAL ITEMS A. Introduction of New Employees: Linda Burke, City Manager's Office City Manager Pedin introduced Ms. Burke as the new Secretary in the City Manager's Office. B. Resolution commending Oliver Wright for Service as Interim Finance Director Vice Mayor Shaw read and presented the Resolution of Commendation to Mr. Wright. C. Resolution commending Chadene Low for Service on Finance Commission Vice Mayor Shaw read the Resolution of Commendation commending Ms. Low who was not present. 3. REPORT OF CITY CLERK ON POSTING OF AGENDA City Manager Pertin reported that pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on October 16. '" 4. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS Ma. Suzanne Jackson, Mayor of the City of Monte Sereno, spoke on behalf of the Violence Prevention Counc'd (VPC) who will be making its report and recommendafons to the Santa Clara County Board of Supervisors on October 27. Ma. Jackson stated that $150,000 allocated for the VPC project has already been budgeted in County funds. She encouraged each Counc'd member to send a personal letter of suppor~ to the Board of Supervisors for the VPC action plan. B. COMMUNICATIONS FROM COMMISSIONS - No~xe. C. WRITTEN COMMUNICATIONS 1) Letter from City of Angels Camp requesting financial support for legal costs incurred in Fukuda v. City of Angeis Camp City Manager Perlin indicated that this issue has ramifications for every city and county in the state of City Council Minutes 2 October 21, 1998 California, and referred this item to City Attorney Riback for an explanation. Mr. Riback explained the gist of the case, noting that in the past the burden has always been on the party challenging a public agency's administrative findings and that this particular case reverses the burden and places it on the public agency. Councilmember Jacobs asked whether it was Mr. Riback's opinion that the City of Angels Camp was justified in defending this lawsuit. Mr. Riback responded that the City of Angels Camp was justified in appealing the trial court' s determination that the burden of proof is to be shined. In response to a question from Councilmember Moran regarding the position of the League of Cities in this issue, Mr. Riback stated that the League and the California Association of Counties has taken the position to support the City of Angels Camp petition for review by the California Supreme Court. He said the California Supreme Court has determined to review this case. He conveyed that the case is seen throughout the state by the cities and counties as a case in which to take a position and to support on behalf of the City of Angels Camp. Vice Mayor Shaw asked whether any funds donated by the City toward this effort would come out of the General Fund. Mr. Pertin responded that would depend on the amount of money the City opted to send, and that funds could come out of the Legal Services budget. Vice Mayor Shaw asked whether any guidelines existed on what would be an appropriate amount to send. Mr. Pertin replied that he had researched and did not find any requests for a specific amount. Councilmember Bogosian conveyed that he supported the City of Angels Camp effort. However, the City of Saratoga' s situation was such that its citizens were being asked to pay more for recreation programs and other services, and he would not be willing to offer any money to Angels Camp. He proposed sending a letter of support with consensus of the Council, but not sending any money. Councilmember Moran commented that the City of Saratoga pays thousands of dollars in dues to the League of Cities, and she would feel comfortable with the League addressing this issue. Regarding the City of Saratoga making additional contributions, she would want more information before making such a decision. Councilmember Jacobs proposed sending the City of Angels Camp a letter. Vice Mayor Shaw noted that this issue would be treated as a "Received and Filed" letter for now and the situation would be monitored. Mr. Perlin noted he would check to see what neighboring cities are doing regarding this issue. 5. CONSENT CALENDAR A. Previously-Discussed Items - None. B. New Items 1) Planning Commission Actions, 10/14 - Note and file. 2) Memo Authorizing Publicity for Upcoming Hearings - No new hearings scheduled for November 4. 3) Resolution 98-34 authorizing City to submit an Application for a Grant from Office of Traffic Safety Councilmember Bogosian removed Item 5-B-3 from the Consent Calendar. City Council Minutes 3 October 21, 1998 Responding to questions from Councilmember Bogosiart, Administrative Analyst Irene Jacobs explained the components of the program, its funding and how it would be implemented, noting that ALTRANS would be implementing the program. Councilmember Bogosian requested that staff find out whether this was related to recent correspondence from the County of Santa Clara soliciting grants for traffic safety programs. He said if the two are not related, there is a fund ofapproximataly $186,000 for which the City could apply. BOGOSIAN/JACOBS MOVED TO APPROVE CONSENT CAI .ENDAR ITEM 5-B-3. PASSED 4-0 (WOLFE ABSENT.) 4) Approval of Cheek Register 5) AwardofConstruetionContraetforAnnualConereteRepalrProjeet 6) AwardofConstruetionContraetforCivieTheaterLighfingSystem 7) Final Map Approval for Tract 9101 located at 1:1480 Saratoga Ave. (Owner: Fitzsimmons) Councilmember Moran removed Item 5-B-7 from the agenda at the request of two citizens in the audience who asked to address the Council. Ms. Miriam Frazer, 13519 Rormie Way, stated her property is Lot 29 adjacent to the Fitzsimmons property. Referring to Item 27 of Resolution No. SD-98-001, she said that only 10 out of 34 trees are addressed for preservation. She expressed concern that trees be protected during construction and that they be preserved. She referred to 11 trees and shrubs next to her property which provide her and her family with privacy and shade, and she is concerned that those might be removed. She requested a further study and documentation and that a comprehensive tree plan be submitted outlining the intent to preserve identified trees. Ms. Frazer noted she had made this request before the Planning Commission. Ms. Jan Smith, 19328 Ranfie Lane, stated that her property is adjacent to both Lots 3 and 4 of the new subdivision. She concurred with Ms. Frazer's comments, said she had spoken with City Planning staff,, and asked that the Tentative Map note or provide assurances that the trees, specifically along the parameters and around her property, would show fencing around them. A discussion ensued, and Mr. Perlin responded to Council members' questions regarding removal of trees. Responding to a question from Councilmember Bogosian, Mr. Perlin said that trees shown on the plan to be removed were covered by the City' s Tree Removal Ordinance. Mr. Perlin recommended that the Council refer this matter to staff to research as this could be a potential appeal of a Planning Commission decision, and he wanted to assure a fair process for all concemed. Councilmember Moran noted that the two speakers were asking for more communication, more clarity, a better understanding of the issue, and assurances from the developer. Councilmember Jacobs commented that it was necessary to find out what was done on the Tentative Map regarding the trees. Following discussion, THERE WAS CONSENSUS TO TABLE THIS ISSUE AND REFER IT TO THE PLANNING STAFF FOR CLARITY. 8) Quarterly Report on City's NPDES Activities - Letter from Water Quality Control Board MORAN/JACOBS MOVED TO APPROVE CONSENT CALENDAR ITEMS 5-B-1 THROUGH 5-B-8, EXCEPT 5-B-3 AND 5-B-7. PASSED 4-0 (WOLFE ABSENT.) C. CLAIMS AGAINST ~ CITY - None. City Council Minutes 4 October 21, 1998 6. PUBLIC HEARINGS - 8:00 p.m. A. Vessing Road Assessment District Protest hearing (continued from September 2) City Manager Perlin explained that this issue should be continued for three to four months. JACOBS/lVIORAN MOVED TO CONTINUE HEARING TO FEBRUARY 3, 1999. PASSED 4-0 (WOLFE ABSENT.) 4. A. Oral Communieafions (continued) and instroetions to staff regarding actions on current oral communications - None. 7. OLD BUSINESS - None. 8. NEW BUSINESS A. Appointment of John Cherbone as Acting Director of Public Works City Manager Perlin presented the staff report. Councilmembers Bogosian and Moran and Vice Mayor Shaw praised Mr. Chewbone for his work. MORAN/BOGOSIAN MOVED TO APPROVE APPOINTMENT. PASSED 4-0 (WOLFE ABSENT.) Mr. Chewbone briefly addressed the Council expressing his appreciation. 9. ROUTINE MATTERS A. Approval of Minutes - 10/7 JACOBSf/VlORAN MOVED TO APPROVE MINLrFES OF 10/7/98 AS WRITTEN. PASSED 4-0 (WOLFE ABSENT.) City Attorney Rihack left the meeting and did not refum. 10. CITY COUNCIL ITEMS A. Agenda items for next adjourned regular meeting City Manager Evaluation Quarterly Program and Project Review Process for Handling Written Communications City Manager Perin announced that the next Council meeting would be a quarterly review, and the open session would begin with a report from the Chairperson of each commission. He noted that the next Council agenda would also include the process for handling incoming correspondence to assure timely responses. B. Other i. Councilmember Bogosian reported that an issue had been brought to his attention regarding remedial work done by the Federal Emergency Management Agency resulting ~'om the El Ni~o rains. He suggested staff prepare a procedure whereby affected residents are notified by written notice of specific scope of work being done in non-emergency situations. ii. Councilmember Moran reported she had received calls from residents expressing concem with noise associated with Route 85. She requested that Mr. Perin discuss this issue when he corresponds with Assemblymember Jim Cunneen regarding funds for Route 85. She proposed that the City write a letter to the Valley Transportation Agency (VTA) maintaining the City' s strong supDon of the projects on the Measures A and B lists, and that a copy of the letter be sent to the West Valley rept~.sentative on the VTA. Councilmember Moran noted that $9 million had been set aside in Measures A and B for CalTrans to reduce City Council Minutes 5 October 21, 1998 Highway 85 noise, end she wents to make sure that remedial work to alleviate the noise problem is performed. Vice Mayor Shaw clarified that decision-makers who can help with the Route 85 noise reduction be contacted and that staff draft a letter from the City Council expressing the Council' s continued concern with the Route 85 noise problem. _ Following discussion, COUNCIL CONSENSUS WAS NOT TO SEND ANY LETTERS NOW AND THAT THE ISSUE BE AGENDIZE. D FOR THE NEXT COUNCIL MEETING. 11, CITY MANAGER'S REPORT City Manager Perlin reported the following: i. The Senta Clara Valley Water District is sponsoring a series of workshops to help develop flood and stream protection programs forthe year 2000. A number &Benefit Assessment Programs will be expiring in 2000 end the District is beginning to develop plans end seek input for types of flood control programs. A meeting for the West Valley area will be held 7 p.m., October 22, at 456 West Olive Street, Sunnyvale. ii. TheCity~fSarat~gaissp~ns~~ngthreemeetin~sgeneratedfr~mtheP~ay~e~dDeve~~pmentTaskF~rce for the purpose of hearing ideas end concerns from surrounding neighborhoods. iii. The City Clerk recruitment process has begun and candidates were interviewed this afternoon. iv. The Recreation Department is still taking signups for fall classes end trips. 12. ADJOURNMENT The meeting was adjourned at 8:45 p.m. to the nex~ meeting at 6:00 p.m. on Tuesday, October 27, in the Adult Care Center, 19655 Fntitvale Avenue. Respectfully submitted, hrtmutes Clerk