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HomeMy WebLinkAbout02-17-1999 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, February 17, 1999 - 6:45 p.m. PLACE: Closed Session - Administration Conference Room, 13777 Fruitvale Avenue; Regular Meeting - Civic Theatre, 13777 Fruitvale Avenue TYPE: Regular Meeting OPEN SESSION - 6:45 p.m. in Administration Conference Room, 13777 Fruitvale Avenue AJOURN TO CLOSED SESSION 1. CLOSED SESSION - 6:45 p.m. in Administration Conference Room, 13777 Fruitvale Avenue A) Conference with Legal Counsel pursuant to Government Code 54956.9 - Existing Litigation; Name of Case: San Francisco Baykeepers et al vs. Saratoga RECONVENE TO REGULAR MEETING AT 7:30 P.M. MAYOR'S REPORT ON CLOSED SESSION - Mayor Shaw reported that the City Council agreed to accept terms of a mutual settlement with Baykeepers but that details will not be made public until the agreement is signed. He expressed thanks to Vice Mayor Bogosian and Councilmember Streit for their efforts in this case. PLEDGE OF ALLEGIANCE - Led by Jeff Schwartz, San Marcos Road. ROLL CALL -All Councilmembers were present with the exception of Councilmember Mehaffey, who was absent. Staff present: City Manager Lany Perlin, City Attomey Mike Riback, Community Development Director James Walgren, Administrative Services Director Mary Jo Walker, Acting Public Works Director John Cherbone and City Clerk Susan A. Ramos. 2. CEREMONIAL ITEMS A) Introduction of and remarks by Mayor Gonzales, City of San Jose Mayor Shaw introduced Mayor Gonzales, who expressed how much he is looking forward to working together on issues of mutual concern. He also reminded the Council of the League of California Cities Annual Conference this October which will be held in San Jose for the first time, and encouraged their participation and attendance. Mayor Shaw thanked Mayor Gonzales for his remarks. B) Resolution of Appointments and Administration of Oaths of Office to Emest Brookfield, Finance Commissioner, Cathy O'Donnell and Ruth Gipstein, Library Commissioners. Mayor Shaw read the resolution of appointments and called for a vote. BAKER/STREIT MOVED TO ADOPT THE RESOLUTION OF APPOINTMENTS. PASSED 4-0-1, COUNCILMEMBER MEHAFFEY ABSENT. Mayor Shaw asked the appointees to come forward to take their oaths. Mr. Brookfield was present and took his oath of office; Ms. O'Donnell and Ms. Gipstein were absent. Another time would be set by the City Clerk to administer their oaths. REPORT OF CITY CLERK ON POSTING OF AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on February 12, 1999 - Reported by City Clerk Ramos. 3. COMIVIUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Mayor Shaw recognized the following persons who wished to speak: Page 10f5 Minutes for City Council Regular Meeting February 17, 1999 Don Whetstone, expressed special thanks to Vice Mayor Bogosian, Councilmember Streit, and Fire Chief Kraule for their efforts on the Baykeepers settlement. Jeff Schwartz, echoed Mr. Whetstone's remarks. Bob Wallace, requested the City look into installing a speed bump on Pierce Road. Mayor Shaw replied this will be referred to the Public Safety Commission for their review. B. COMMUNICATIONS FROM COMMISSIONS - None C. WRITTEN COMMUNICATIONS 1. Report from City Manager regarding rental of Hakone Gardens Caretaker's Cottage. Recommendation: For information only. City Manager Perlin presented the staff report. Discussion ensued regarding infonnation about the proposed management agency who will be responsible for the recruitment as well as the management of the Cottage. In response to Vice Mayor Bogosian, City Manager Perlin replied he does not have any infonnation at this time as to whether the selected agency will assume potential liabilities that may arise, however, this matter will be addressed when the agreement is reviewed. Vice Mayor Bogosian commented to bring the proposed agreement forward for Council review before it is finalized. 1. Report from Community Development Director regarding letter to Saratoga Union School District containing City's response to Notice of Intent for Saratoga Elementary School renovation project. (Materials will follow under separate cover.) Recommendation: For information only. City Manager Perlin provided a brief report and deferred additional comments to Community Development Director James Walgren. Community Development Walgren summarized the highlights of the subject letter and read for the record, the following language contained in the letter, "At a minimum, the plans shouM be revised to retain the two largest Eucalyptus trees, a detailed grading and drainage plan needs to be developed, and a comprehensive traffic and circulation mitigation plan needs to be prepared, and all of these shouM be re-circulated as an addendure to the Initial Study. With this additional information, a Mitigated Negative Declaration couM eventually be considered". Council concurred to forward the subject letter over the Mayor's signature. In response to Vice Mayor Bogosian, Director Walgren commented that under CEQA laws, the City could challenge the subject matter in court based on an inadequate Environmental Initial Study. Vice Mayor Bogosian asked and City Attorney Riback replied that this letter would be sufficient document to establish a record for the purpose of pursuing potential legal means. Councilmember Baker commented that he hopes the School District will accept our comments as a representation of the community's position. Councilmember Streit commented to prepare similar comments for the Redwood School project. Community Development Director Walgren replied that an extension of tim9 has been requested to mid March. BAKER]BOGOSIAN MOVED TO APPROVE AND FORWARD THE SUBJECT LETTER TO THE SARATOGA UNIFJED SCHOOL DISTRICT OVER THE MAYOR'S SIGNATURE. MOTION PASSED 4-0-1, COUNCILMEMBER MEHAFFEY ABSENT. 1. Report from City Clerk regarding upcoming Planning Commission scheduled vacancies Recommendation: Approve the proposed schedule. Page 2of S Minutes for City Council Regular Meeting February 17, 1999 City Clerk Ramos presented the staff report. City Manager Perlin added that the City does not have an established policy with regards to Commissioner term limits. However, in a special election in 1992, through the passage of Advisory Measure I, City Council term limits were established. If it is Council's desire to follow the same protocol for setting Commissioner term limits, then all four Commissioners may be re-appointed for another full term. Mayor Shaw commented the Commissioner term limits would be a good topic for discussion at the upcoming retreat. Council concurred. BOGOSIAN/STREIT MOVED TO APPROVE THE SCHEDULE AS PROPOSED. MOTION PASSED 4-0-1, COUNCILMEMBER MEHAFFEY ABSENT. 4. CONSENT CALENDAR A. PreviousLy Discussed Items - None B. New Items Councilmember Baker requested to pull item 4B3 to clarify some items on the check register. City Manager Pe~in responded that Arborist fees are part of the Planning Department application process and the T-shirts were used for Youth basketball referees and coaches. 1. Planning Commission Actions, February 10, 1999 Recommendation: Note and file. 2) Report Authorizing Publicity for Upcoming Hearings - Appeal on Variance 98-011, Loh, 20651 Leonard Road; Vessing Road Assessment District. Recommendation: Provide direction to staff. .3) Approval of Cheek Register Recommendation: Note and file. 4) Resolution Adjusting Fiscal Year 1998-99 Budget to Fund the Year 2000 CY2K) Technology Project. Recommendation: Adopt the attached resolution. 5) Ordinance amending Chapter 15 of the Saratoga Municipal Code relating to temporary pumpkin sales in professional and administrative office district (Second reading and adoption) Recommendation: Adopt Ordinance. BAKER/BOGOSIAN MOVED TO APPROVE AND ADOPT ITEMS ON THE CONSENT CALENDAR. MOTION PASSED 4-0-1, COUNCILMEMBER MEHAFFEY ABSENT. C. Claims Against the City - None 5. PUBLIC HEARINGS - 8:00 p.m. - None 6. OLD BUSINESS A) Ordinance regarding new sewage disposal requirements (tint reading and introduction) Recommendation: Introduce Ordinance by title only, waiving further reading. City Manager Perlin presented the staff report. Councilmember Baker commented that he would support the ordinance if it is amended to reflect language to authorize City Council to treat financial hardship cases, if necessary. City Attorney Riback amended the proposed ordinance to add the following language under 7- 10.060 Section B11-13.3 to read, "The five year maximum time period set forth in subparagraph (79) (1) may be extended by the City Council upon a determination of ~nancial hardship." Councilmember Baker expressed concern that no property owner or homeowner has come forward to comment on this matter. City Manager Perlin added that a summary of the ordinance will be published in the Saratoga News before and after adoption, as required by law. Page 3of 5 Minutes for City Cou nci! Regular Meeting Februa~ 17, 1999 BOGOSIAN/BAKER MOVED TO INTRODUCE ORDINANCE AS AMENDED. MOTION PASSED 4-0-1, COUNCILMEMBER MEHAFFEY ABSENT. 7. NEW BUSINESS A) Fiscal Year Ended June 30, 1998 Comprehensive Annual Financial Report. Recommendation: Accept report. Administrative Services Director Mary Jo Walker presented the staff report and provided an overhead slide presentation of graphs and charts. Councilmember SUreit commented that it is important that the citizens understand that property taxes constitute only a small portion of the City's budget. STREIT/BAKER MOVED TO ACCEPT THE COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) FOR FY ENDED JUNE 30, 1998. MOTION PASSED 4-0-1, COUNCILMEMBER MEHAFFEY ABSENT. B) Resolutions in connection with renewal of Landscaping and Lighting Assessment District LLA-1 for Fiscal Year 99/2000. Recommendation: Adopt resolutions (2). City Manager Perlin provided the staff report. Councilmember Baker asked and City Manager Perlin replied that the Protest Hearing scheduled for June 2 allows for the tabulation of ballots received at the close of the heating, and if appropriate, Council adopts the resolution confirming assessments for FY 99-2000. Councilmember Streit asked and City Manager Pefiin replied that if the Horseshoe annexation assessment proposal is approved, it will be processed in conjunction with the conclusion of this year's renewal of the Landscaping and Lighting Assessment District. BOGOSIAN/BAKER MOVED TO ADOPT RESOLUTION DESCRIBING IMPROVEMENTS AND DIRECTING PREPARATION OF THE ENGINEER'S REPORT. MOTION PASSED 4-0- l, COUNCILMEMBER MEHAFFEY ABSENT. BOGOSIAN/STREIT MOVED TO ADOPT RESOLUTION APPOINTING ATTORNEYS. MOTION PASSED 4-0-l, COUNCILMEMBER MEHAFFEY ABSENT. 8. ORAL CO1VIMUNICATIONS (continued) and instructions to staff regarding actions on current oral communications. Vice Mayor Bogosian commented that Mr. WaIlace's earlier comments proposing a speed bump on Pierce Road has come up in the past and the matter needs to be looked into. City Manager Perlin responded he will refer the matter to the Public Safety Commission to put on their next agenda and to the City traffic engineer for his review and comments. 9. ROUTINE MATTERS (Note: City Attorney will be excused at this point if no longer needed.) A. Approval of Minutes - January 26, 1999, February 3, 1999 and February 8, 1999 Councilmember Baker requested correction to the minutes of February 3, 1999 to reflect voting in all motions to read, "3-0-1, CouncilrnemberBogosian absent". BOGOSIAN/STREIT MOVED TO APPROVE MINUTES OF JANUARY 26, 1999 AS PRESENTED. MOTION PASSED 4-0-1, COUNCILMEMBER MEHAFFEY ABSENT. STREIT/BAKER MOVED TO APPROVE MINUTES OF FEBRUARY 3, 1999 AS AMENDED. MOTION PASSED 3-0-1-1, 'COUNCILMEMBER MEHAFFEY ABSENT AND VICE MAYOR BOGOSIAN ABSTAINING. STREIT/BAKER MOVED TO APPROVE MINUTES OF FEBRUARY 8, 1999 AS PRESENTED. MOTION PASSED 3-0-1-1, COUNCILMEMBER MEHAFFEY ABSENT AND VICE MAYOR BOGOSIAN ABSTAINING. Page 4of 5 Minutes for City Council Regular Meeting Februa~ 17, 1999 10. CITY COUNCIL ITEMS A. Agenda items for the next adjourned regular meeting (Note: The purpose of listing the items immediately following is not to discuss or take action on them, but simply to decide whether they are to be placed on the agenda for the meeting of February 23, 1999.) - This meetin~ is canceled. Next adjourned regular meeting is on March 9, 1999. B. Other Councilmember Bogosian asked and City Manager Perlin replied that the Mt. Winery item is scheduled for the agenda of March 3 , for discussion. 11. CITY MANAGER'S REPORT City Manager Perlin reminded the Council and the public that starting the next regular meeting in March, the start times of the meeting will be at 7:00 p.m. and the start times for public hearings will be at 7:30 p.m. ADJOURNMENT Mayor Shaw adjourned the meeting at 9:05 p.m. Respectfully submitted, gm'gan A. Ramost City Clerk Page 5of 5