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HomeMy WebLinkAbout03-03-1999 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, March 3, 1999 - 5:30 p.m. PLACE: Closed Session - Administration Conference Room, 13777 Fruitvale Avenue; Regular Meeting - Civic Theatre, 13777 Fruitvale Avenue TYPE: Regular Meeting OPEN SESSION - 5:30 p.m. in Administration Conference Room, 13777 Fruitvale Avenue ADJOURN TO CLOSED SESSION 1. CLOSED SESSION - 5:30 p.m., Administration Conference Rm., 13777 Fruitvale Avenue A. Conference with Legal Counsel pursuant to Government Code 54956.9 - Existing Litigation; Name of Cases: San Francisco Baykeepers et al vs. Saratoga; City of Saratoga vs. West Valley-Mission Commtmity College District; City of Saratoga vs. County of Santa Clam (Arbitration). B) Conference With Legal Counsel - Anticipated Litigation - Significant exposure to litigation pursuant to subdivision Co) of Sectinn 54956.9: (Four cases) MAYOR'S REPORT ON CLOSED SESSION - Mayor Shaw declared there were no reportable actions taken. CALL TO ORDER - Mayor Shaw called the regular meeting to order at 7:00 p.m. in the Council Chambers/Civic Theater at 13777 Fruitvale Avenue. PLEDGE OF ALLEGIANCE - Led by Alan Rosinas ROLL CALL - All Councilmembers were present with the exception of Councilmember Mehaffey. Staff present: City Manager Lan-y Perlin, City Attorney Mike Riback, Director of Administrative Services Mary Jo Walker, Director of Community Development James Walgren, Acting Director of Public Works John Cherbone, City Clerk Susan A. Ramos, Senior Administrative Analyst Irene Jacobs. 2. CEREMONIAL ITEMS - None REPORT OF CITY CLERK ON POSTING OF AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on February 26, 1999 - Reported by City Clerk Susan A. Ramos 3. COMMUNICATIONS FROM COMMISSIONS AND TBE PUBLIC A. ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS - Any member of the public will be allowed to address the City Council for up to ~hree (3) minutes on matters not on this agenda. The law generally prohibits the Council from discussing or taking action on any such matters. However, the Council may instruct staff accordingly regarding Oral Communications under Agenda Item No. 8. 1. Jack Lucas, Monte Sereno Mayor, West Valley Cities representative to VTA Board. Mr. Lucas introduced himself and provided a brief background about his role and objectives and introduced Kelly A. Doyle, VTA Government Affairs Coordinator. Ms. Doyle provided additional information on the authority's goals and accomplishments. Mr. Lucas distributed copies of a pamphlet highlighting VTA's goals and accomplishments for 1998- 1999. Page 1 of 6 Minutes for City Council Regular Meeting March 3, 1999 Mayor Shaw thanked Mr. Lucas and Ms. Doyle for their presentation. Mayor Shaw recognized the following persons: Bob Himel, 20670 Lomita Avenue, expressed thanks to the City Council for the position they took on Saratoga Union SChool District's project. Alan Rosenus, 20621 Lomita Avenue, also expressed thanks to the City Council for the position they took on Saratoga Union School District's project and commented about no parking signs. Jennifer Taylor, 14672 Oak Street, expressed thanks to the City Council for their stance on the tree issue at Saratoga Elementary School and urged Council to remain vigilant on the matter. B. COMMUNICATIONS FROM COMMISSIONS - None C. WRITTEN COMMIINICATIONS 1. Letter from Saratoga Lions requesting City co-sponsorship of Saratoga July 4th Hometown Celebration. Recommendation: Move to Co-sponsor the event. City Manager Perlin presented an overview of the program and the City's past participation. Mayor Shaw recognized Marilyn Duffin, of the Saratoga Lions Club, who provided additional information about the upcoming event. She also offered on behalf of the Saratoga Lions to submit an application for the City to be recognized as a "George Washington" commtmity. BOGOSIAN/BAKER MOVED TO CO-SPONSOR THE SARATOGA JULY 4m HOMETOWN CELEBRATION. PASSED 4-0-1, COUNCILMEMBER MEHAFFEY WAS ABSENT. 4. CONSENT CALENDAR A. Previously Discussed Items - None B. New Items Vice Mayor Bogosian requested to pull item B2 for clarification. 1. Planning Commission Actions, February 24, 1999 Recommendation: Note and file. 2. Approval of Check Register Recommendation: Note and file. 3. Ordinance regarding New Sewage Disposal Requirements (Second reading and adoption) Recommendation: Adopt subject ordinance 4. Monthly Financial Reports for January1999: a) Treasurer's Repo[t b) Investment Report c) Financial Report Recommendation: Accept the subject reports. STREIT/BAKER MOVED TO APPROVE AND ADOPT ITEMS 4B1, 4B3, 4B4 AND 4C 1N THE CONSENT CALENDAR. MOTION PASSED 4-0-I, COUNCILMEMBER MEHAFFEY ABSENT. BOGOSIAN/STREIT MOVED TO APPROVE AND ADOPT ITEM 4B2 IN THE CONSENT CALENDAR. MOTION PASSED 4-0-1, COUNCILMEMBER MEHAFFEY ABSENT. Councilmember Baker expressed concem that no resident has come forward to comment on the ordinance regarding sewage disposal. He hopes that the press will have an article in the newspaper Page 2 of 6 Minutes for City Council Regular Meeting March 3, 1999 regarding the adoption of this ordinance. C. Claims Against the City - Susan Grant; Phyllis Quthuis Recommendation: Reject subject claims. BOGOSIAN/STREIT MOVED TO REJECT THE CLAIM OF SUSAN GRANT. MOTION PASSED 4-0-1, COUNCILMEMBER MEHAFFEY ABSENT. BOGOSIAN/STREIT MOVED TO REJECT THE CLAIM OF PHYLLIS QUIHUIS. MOTION PASSED 4-0-1, COUNCILMEMBER MEHAFFEY ABSENT. 5. PUBLIC HEARINGS - 7:30 p.m. A. Vessing Road Assessment District Protest Hearing (Continued from 2/3/99) Recommendation: Conclude public heating and determine whether to proceed with formation of Assessment District. City Manager Perlin presented the staff report and added that new written correspondence was received from property owners this aftemoon supporting to end the process for the formation of the school district. Mayor Shaw opened the public hearing at 7:38 p.m. and recognized the following persons: Bruce Thompson, expressed concern about the accuracy and validity of the 'ballot tally particularly because the property owners who signed the letter of March 2 were unclear about the process and status of the project and the letter was ambiguous and misleading. He added that many of them thought the project had already been voted down and therefore the next step was to stop the project. Discussion ensued regarding the ballot process and altematives to defer the cotrating of the ballots or start over. City Manager perlin expressed concern that because this project is approximately two years old, the assessed dollar amounts may be insufficient to successfully complete the project because of the lapse in time. Discussion ensued regarding potential cost changes. With Council permission, Kathy Thomoson. commented that the property owners she talked to seemed confused about the status of the project. City Attomey Riback suggested to continue the public hearing to the next regular Council meeting, tabulate the ballots that have been received, notify those property owners who want to shift their votes to attend the public heating and submit their votes in writing. There being no more public testimony, Mayor Shaw closed the public heating at 8:05 p.m. BAKER/BOGOSIAN MOVED TO CONTINUE THE PUBLIC HEARING TO APRIL 7, 1999 FOR TABULATION OF BALLOTS AND DIRECT STAFF TO SEND A LETTER TO THE PROPERTY OWNERS TO EITHER AFFIRM THEIR ORIGINAL VOTES OR SUBMIT A NEW BALLOT BY CLOSE OF THE PUBLIC HEARING. City Manager Perlin reiterated his concern about the potential increase in cost and the confusion of the property owners. He suggested for staff to convene a meeting with the property owners to clarify costs and assessments and provide a clear understanding of the proposed project and its process. Discussion ensued. BOGOSIAN/STREIT MOVED TO AMEND THE PREVIOUS MOTION AND REDIRECT STAFF TO CONVENE A MEETING WITH THE PROPERTY OWNERS TO PROVIDE CLARIFICATION OF THE PROJECT AND AN LIPDATE OF ASSOCIATED COST AND ASSESSMENTS; RE-DISTRIBUTE THE BALLOTS AND ENCOURAGE THE PROPERTY Page 3 of 6 Minutes for City Council Regular Meeting March 3, 1999 OWNERS TO ATTEND THE CONTINUED PUBLIC HEARING ON APRIL 7, 1999. A. V98-011, Lob Appeal Recommendation: Deny the appeal and uphold the Planning Commission's decision. City Manager Perlin presented the staff report and deferred additional comments to Community Development Director James Walgren. Mr. Walgren provided a background of the project, pointing out that the three illegal structures that have adversely impacted this project are the shed, gazebo and the deck. He also stated that the Planning Commission was not able to conclude findings necessary for a variance. Discussion ensued regarding alternative sites for these structures on the property. Mayor Shaw opened the public hearing at 8:10 p.m. and recognized the following persons: Fu Mei Loh, 20651 Leonard Road, applicant and appellant, distributed a written statement to Council for her presentation and read her statement. Mildred Perry, 20615 Leonard Road, expressed concern about property owners who build structures without permits and added that the gazebo structure infiinges on their property. There being no fiather public testimony, Mayor Shaw closed the public hearing at 8:26 p.m. and asked the pleasure of the Council. Councilmember Bogosian stated for the record that he visited the site on Monday and was unable to make any findings to grant a variance. He inquired whether the gazebo and deck structures could be modified in their present site. Community Development Director Walgren replied yes. Councilmember Streit commented that these illegal and non-conforming issues where brought about by the property owner who did not go through the permitting process. Furthermore, aRer his site visit, he did not find any special conditions to warrant a variance. Councilmember Baker commented that he visited the site twice and found no extenuating circumstances to grant a variance. Discussion ensued regarding the period nftime allowed to bring the structures to compliance. Mayor Shaw commented the structures were built without permits and urged the Ms. Loh to talk to the Planning Department about correcting the non-conforming structures. BOGOSIAN/BAKER MOVED TO DENY THE APPEAL AND LIPHOLD THE PLANNING COMMISSION'S DECISION. MOTION PASSED 4-0-1, COUNCILMEMBER MEHAFFEY ABSENT. 6. OLD BUSINESS A. Presentation of Engineer's Report for Horseshoe Drive Annexation to Landscape and Lighting Assessment District (LLA-1) Recommendation: Adopt Resolution prellminarily approving Engineer's Report and setting Public Hearing for April 21, 1999. City Manager Perlin presented the staff report. BOGOSIAN/STREIT MOVED TO ADOPT THE RESOLUTION PREL1MINARILY APPROVING THE ENGINEER'S REPORT. PASSED 4-0-1, COUNCILMEMBER MEHAFFEY ABSENT. BAKER/STREIT MOVED TO ADOPT THE RESOLUTION OF INTENTION. PASSED 4-0-1, COUNCILMEMBER MEHAFFEY. 7. NEW BUSINESS A. Discussion regarding City Council position on future development at the Mt. Winery Page 4 of 6 Minutes for City Council Regular Meeting March 3, 1999 Recommendation: Provide direction to staff as appropriate. City Manager Perlin presented the staff report and deferred additional comments to Community Development Director Walgren. Community Development Director Walgren provided background, pointing out there are two issues to be resolved; legalizing the ongoing activities and expanding the current facility. He received new information that the property is currently in the process of a sale and it is likely that the new owner will submit an application to expand the facility, nevertheless activities should be legalized. Mayor Shaw recognized the following persons: Virginia Miller-Lohr, 12930 Pierce Road, expressed her concern about information she received that the County Planning Commission will grant pennission to Mt. Winery to conduct the illegal activities at their meeting tomorrow. She added that the traffic on Pierce Road is dense and allowing additional activities would adversely impact that road. Discussion ensued regarding the County status report. There was consensus of Council to direct staff to attend the County Planning Commission meeting tomorrow. Billy Alff, 14185 Teerlink Way, expressed concem that he read in another document about the County Planning Commission's recommendation to allow Mr. Winery to proceed with their request. He added that he would have liked to know about the County Planning Commission meeting tomorrow. Jim Stallman, 19740 Braemar Drive, member of the City's Bicycle Advisory Committee, addressed concems other than traffic such as access and recommended staff to start looking into altematives. Denny Alff, 14185 Teedink Way, commented about maintaining close and active communication with the County on this project. Community Development Director Walgren commented that there is a process that allows the City to provide comments to the County on a proposed development within its sphere of influence. Councilmember Baker expressed concem that there is nothing on record about the City's opposition to the adverse impact to the community from its illegal and excessive activities and the proposed facility expansion. Vice Mayor Bogosian stated for the record to endorse Councilmember Baker's concern. Councilmember Streit concurred with Councilmember Baker and added that staff should obtain a copy of the County status report and include a response to items of concem in that report to be included in this letter. Mayor Shaw directed staff to prepare a letter to the County Planning Commission expressing the City's position for Council review at the meeting of March 9m. 8. ORAL COMMUNICATIONS (continued) and instructions to staff regarding actions on current oral communications. Vice Mayor Bogosian requested to refer speeding activities on Oak Street between 6~ and Komina Road, to the Public Safety Commission and Traffic Engineer. 9. ROUTINE MATTERS (Note: City Attomey will be excused at this point if nO longer needed.) City Attomey Riback left the meeting at 9:35 p.m. A. Approval of Minutes - February 9, 1999 and February 17, 1999 BAKER/STREIT MOVED TO APPROVE MINUTES OF FEBRUARY 9, 1999. MOTION PASSED 4-0-1, COUNCILMEMBER MEHAFFEY ABSENT. BAKERJSTREIT MOVED TO APPROVE MINUTES OF FEBRUARY 17, 1999. MOTION PASSED 4-0-1, COUNCILMEMBER MEHAFFEY ABSENT. Page 5 of 6 Minutes for City Council Regular Meeting March 3, 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 next adjourned meeting of March 9, 1999. 1) Joint Meeting with Parks and Recreation Commission 2) Contract City Attorney Screening/Selection Criteria 3) Y2K Technology Project Update Vice Mayor Bogosian expressed concem about putting the contract City Attorney item after the joint meeting with the commission because of the anticipated crowd who will be attending the meeting for the Playfields issue. In the interest of time, it may be appropriate to agendize this item for March 17m. City Manager Perlin suggested to leave the item on the agenda for March 9~ and if time becomes a problem, Council can table the item to March 17m. Council concurred. City Manager Perlin requested to move the Y2K project update to the meeting &March 23, 1999 and add an item regarding the budget process. Councilmember Streit requested that the agenda items for the joint meeting with Parks and Recreation Commission be listed separately since he would have to abstain from the Playfields item. Senior Administrative Analyst Jacobs clarified that the Playfields issue will be on the agenda with a recommendation to direct staff on how to proceed with the process, not to recommend approval of the proposal. B. Other Vice Mayor Bogosian requested staff to provide copies of the memorandum fi'om the City Attomey about a year ago regarding scope of activities that commissions can and cannot do, and forward copies to the Library Commission and the City Council. 11. CITY MANAGER'S REPORT None ADJOURNMENT Mayor Shaw adjourned the regular meeting at 9:42 p.m. to the regularly adjourned meeting of March 9, 1999 at 7:00 p.m. in the Adult Care Center at 19655 Allendale Avenue. Respectfully submitted, ,~.~R~~ City Clerk Page 6 of 6