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HomeMy WebLinkAbout06-02-1999 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, June 2, 1999 - 4:00 p.m. PLACE: Closed Session - Administration Conference Room, 13777 Fruitvale Avenue; Regular Meeting - Council Chambers/Civic Theatre, 13777 Fruitvale Avenue TYPE: Regular Meeting OPEN SESSION - 4:00 p.m. in the Administration Conference Room, 13777 Fruitvale Avenue 1. LIBRARY COMMISSION INTERVIEWS · 4:00 p.m. - Anne Cross · 4:10 p.m. - Helen Gjerde Interviews were conducted and a selection was made to appoint Anne Cross to the Library Commission. ADJOURN TO CLOSED SESSION 2. CLOSED SESSION A. Public Employee Appointment pursuant to Government Code Section 54957 - Title: Contract City Attorney (Selection process) B.Conference with Legal Counsel-Anticipated Litigation Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9: (Two cases) C. Conference with Legal Counsel-Anticipated Litigation Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9: (One case) D. Conference with Legal Counsel - Existing Litigation Pursuant to Government Code Section 54956.9 - Name of Case: City of Saratoga vs. West Valley-Mission Community College District. E. Conference with Labor Negotiator pursuant to Government Code Section 54957.6 - Agency negotiator: Larry I. Perlin; Employee organization: Saratoga Employees Association (S.E.A.) and Saratoga Management Organization (S.M.O.) MAYOR'S REPORT ON CLOSED SESSION - Mayor Shaw declared there was no reportable action. REGULAR MEETING - Mayor Shaw called the regular meeting to order at 7:06 p.m. in the Council Chambers, 13777 Fruitvale Avenue. PLEDGE OF ALLEGIANCE ROLL CALL - All Councilmembers were present. Staff present: City Manager Perlin, City Attorney Randolph, City Clerk Ramos, Director of Administrative Services Walker, Director of Community Development Walgren, Acting Director of Public Works Cherbone. 3. CEREMONIAL ITEMS A. Resolutions commending Brian Luskey, David Mount, Alexander Scordelis, Kayvon Siadat and Laura Johnson for their service on the Youth Commission. BAKERA3OGOSIAN MOVED TO ADOPT THE RESOLUTIONS OF COMMENDATION TO THE YOUTH COMMISSIONERS. MOTION PASSED 5-0. Mayor Shaw read the Resolutions of Commendation to Commissioners Luskey, Mount, Scordelis and Siadat. Ms. Johnson was not present. B. Proclamation recognizing the City as a George Washington Bicentennial Community (to be presented by the Saratoga Lions) Page lof 6 Minutes for CRy Council Regular Meeting June 2, 1999 Frank Lemmon and Marlerie Duffin presented the proclamation to the City winch was read by Don Yeaget who came as George Washington. C. Intr6duction of new employees in the Public Works and City Manager's Departments: Jason Chou, Assistant Engineer and Iveta Harvancik, Assistant Engineer; David Russell, Intern-City Manager's Department. City Manager Pe~lin introduced the employees and provided a background of each one. REPORT OF CITY CLERK ON POSTING OF AGENDA - City Clerk Ramos reported that pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on May 28, 1999. 4. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. Oral Communications on Non-Agendized Items The following persons spoke urging Council to support the School District's Cooperation Agreement: 1. Jan Smith, 19328 Ranfie Lane 2. Carol Barmeier, 13499 Chalet Clotilde Drive 3. MimiFrazer, 13519 Ronnie Way 4. Mary Gardner, 61 Ellenwood Avenue 5. Cindy Ruby, 14205 Squirrel Hollow Lane 6. Bob Shepherd, 20491 Forrest Hills Mayor Shaw commented that in the discussions with Council and staff, there are some items in the COoperation Agreement that need clarification with the School District. It is the intent of this Council to expedite this matter. Vice Mayor Bogosian and Councilmember Baker will be meeting with the School District tomorrow to finalize the Cooperation Agreement. B. Communications from Boards and Commissions - None Mayor Shaw announced that the time for public heating is now and the Council will come back to a~enda items 4C and 5A, B and C at the conclusion of the public hearings. 6. PUBLIC HEARINGS - 7:30 p.m. A. Wang Appeal/SD-99-001 at 20520 Verde Vista Lane Recommendation: Continue public heating to July 7. 1999, as requested by the applicant/appellant. Mayor Shaw opened the public hearing at 7:30 p.m., and there being no public testimony closed the public heating at 7:31 p.m. BOGOSIAN/MEHAFFEY MOVED TO CONTINUE THE PUBLIC HEARING TO JULY 7, 1999 AS REQUESTED. MOTION PASSED 5-0. B. Harkey AppeaFUP-97-015 at 20385 Park Place Recommendation: Deny the appeal and uphold the Planning Comxnission's decision. Director of Community Development Walgren presented the staff report. Discussion ensued regarding driveway and alleyway. Byron Harkey, appellant/applicant provided background of the project and reasons for the appeal, stressing the desire to have access to the backyard through a back door and the ease to maneuver a vehicle. He added that at the time of the initial approval of the project, it didn't seem there was going to be a problem, however, after construction began, it was evident that there would be a problem in access and space. Mayor Shaw opened the public hearing at 7:42 p.m. and recognized the following persons: 1. Jean Young, 20340 Orchard Road, commented to deny the appeal. Page 2 of 6 Minutes for City Council Regular Meeting June 2, 1999 2. Rich Young, 20340 Orchard Road, commented that the construction of the foundation has began and it does not comply with the approved plans. He urged Council to deny the appeal. 3. Mary Schuppert, 20350 Orchard Road, commented to deny the appeal. 4. Rich Schuppert, 20350 Orchard Road, commented to deny the appeal because of parking and safety issues. 5. Kathleen Lynch, 20360 Orchard Road, commented that the plans as originally approved should be carried out and to deny the appeal. 6. Paul Singer, 20320 Orchard Road, commented to deny the appeal because of safety issues. With Council's permission, Mr. Harkey commented he did not expect any opposition from the surrounding property owners and felt he had a reasonable request. Mayor Shaw closed the public hearing at 8:03 p.m. and asked the pleasure of the Council. Vice Mayor Bogosian commended the builder on a beautiful development but stated it is not good business practice to deviate from approved plans. He added that the approved layout makes it difficult to maneuver a vehicle, unlike the other houses, and there is a safety hazard with the driveway coming out on the side; and, since the alleyway is not private property, he feels the request is reasonable. He recommended approval of the appeal. Councilmembers Baker, Mehaffey and Streit expressed their opposition to the appeal. Discussion ensued. BAKER/MEHAFFEY MOVED TO DENY THE APPEAL. MOTION PASSED 4-1, Vice Mayor Bogosian dissented. C. Landscaping and Lighting Assessment District LLA-1 - Public Hearing, Approval of Engineer's Report, and Confirmation of Assessments for FY 99-00. Recommendation: Adopt the Resolution ordering the improvements and confirming the Diagram and assessments for FY 99-00. City Manager Pe~in presented the staff report. Mayor Shaw opened the public hearing at 8:15 p.m. and recognized the following: Richard Gumey, 18241 Purdue, a property owner in Zone 17, Sunland Park, expressed thanks to the City for their good work and supported the increase. He added he would be willing to assist in the ballot response process if that is necessary. There being no more public testimony, Mayor Shaw closed the public hearing at 8:20 p.m. City Manager P~rlin commented that the turnout of the ballots was small in some zones and none in other zones. He felt that the ballot processing may not be adequate and recommended continuance of the public hearing to the next meeting on June 16, 1999 to allow staff to re-send supplemental ballots and provide additional time for property owners to retum them. In response to Councilmember Mehaffey, Mr. Perlin replied that the supplemental ballots will supersede the previous ballots. In response to Councilmember Mehaffey, City Attomey Randolph replied that the process is a majority protest, so if no ballots were received for a particular zone, it would mean there are no protests for that zone and the increased assessment can be levied. MEHAFFEY/BOGOSIAN MOVED TO CONTINUE THE PUBLIC HEARING TO JUNE 16, 1999. MOTION PASSED 5-0. Mayor Shaw called a recess at 8:25 p.m. and reconvened the meeting at 8:30 p.m. D. Presentation of Draft Budget for Fiscal Year 1999-00 and 00-01 (one of two public hearings) Recommendation: Page 3 of 6 Minutes for City Council Regular Meeting June 2, 1999 1. Conduct the Public Hearing to receive input on the Fiscal Years 1999-00 and 2000-01 budget; 2. At the close of the Public Heating, direct staff to retum on June 16, 1999 for the adoption of the Fiscal Years 1999-00 and 2000-01 budget, incorporating all changes which the City Council directs. Director of Administrative Sen ices Walker presented the staff report with visual aids. Highlights of the presentation included: · Expenditures · Property Tax distribution · Proposed changes resulting tiom Council direction and staff recommendation. (A handout was distributed to the Council listing the changes). Discussion ensued regarding police services, ABAG, staffing, animal control and document imaging. Mayor Shaw opened the public hearing at 9:10 p.m. and there being no public testimony, closed the public hearing at 9:11 p.m. City Manager Perlin commented on the memo fi'om staff regarding the Citywide Clean Up day. Following discussion, there was Council consensus to take funds from the Environmental Fund Balance for this event. STREIT/BAKER MOVED TO APPROVE AND DIRECT STAFF TO RETURN WITH A FINAL BUDGET FOR ADOPTION ON JUNE 16, 1999. MOTION PASSED 5-0. C. Written Communications 1. Hillbrook School Request for Fee Waiver. Recommendation: Deny the request. Mayor Shaw recognized Shed Wolfgram, who submitted a request to speak. Ms. Wolfgram did not respond and apparently had left the meeting. MEHAFFEY/BOGOSIAN MOVED TO DENY THE REQUEST FOR FEE WA1VER. MOTION PASSED 5-0. 5. CONSENT CALENDAR A. Previously Discussed Items - None B. New Items 1.Planning Commission Actions, May 26, 1999 Recommendation: Note and file. 2. Approval of Check Register Recommendation: Note and file. 3. Memo authorizing publicity of Public Heating items - Hawks Appeal; Fiscal Year 99-00 & 00-01 Budget hearing (Second public hearing) Recommendation: Direct staff accordingly. 4. Final Map Approval for two lots located at 18630 Allendale Avenue (Owner: Voisinet) Recommendation: 1. Adopt Resolution No. SD 98-004 granting final map approval of Tentative Map Application No. SD 98-004 for two lots located at 18630 Allendale Avenue; 2. Authorize the Mayor to execute the Subdivision Improvement Agreement. · 5. Resolution-Amend'mg Fiscal Year 1998-99 Budget Recommendation: Adopt Resolution making adjustments to the Fiscal Year 1998-99 budget to: 1) Increase Development Services Fund Revenues by $66,295; 2) Increase Page 4 of 6 Minutes for City Council Regular Meeting June 2, 1999 appropriations for Development Regulation - Contract Services by $66,295; and, 3) Create a new Capital Project for the Vessing Road Assessment District. C. Claim Against the City - None BOGOSIAN/STREIT MOVED TO APPROVE THE CONSENT CALENDAR AGENDA ITEMS. MOTION PASSED 5-0. 7. OLD BUSINESS A. Update report on Baykeeper Settlement Activities Recommendation: Receive report. City Manager Perlin presented the staff report. Cotmcilmember Mehaffey suggested to schedule the pilot program with the 180-day clause provided in the sewer disposal ordinance. Councilmember Baker commented on the anticipated delay of the West Valley Sanitation District pilot program and his discussions with the Cupcrtino Sanitary Dislxict regarding its plans. Councilmember Mehaffey recommended holding off the process for the 180-day clause until the pilot program is available. Mayor Shaw commented it is important to stay engaged in the process and implementation of the sewage disposal ordinance. In response to Councilmember Mehaffey, City Attomey Randolph commented the City cannot be held liable under the immunity statutes. 8. NEW BUSINESS A. Amicus Brief supporting case of Haggis v. City of Los Angeles Recommendation: Authorize the City Attorney to add the City of Saratoga to the friend of the court brief in the case of Haggis v. City of Los Angeles. BOGOSIAN/BAKER MOVED TO AUTHORIZE THE AMICUS BRIEF IN THE CASE OF HAGGIS V. CITY OF LOS ANGELES. MOTION PASSED 5-0. B. Council Retreat preparations Recommendation: Review agenda and direct staff accordingly. City Manager Pe~in presented the staff report. Discussion ensued regarding a facilitator. BOGOSIAN/BAKER MOVED TO APPROVE THE AGENDA AND CONDUCT THE RETREAT WITHOUT THE SERVICES OF A FACILITATOR. MOTION PASSED 5-0. 9. ORAL COMMUNICATIONS (continued) and instructions to staff regarding actions on current oral communications. None 10. APPROVAL OF MINUTES (Note: City Attomey will be excused at this point if no longer needed.) City Attomey Randolph left the meeting at 10:05 p.m. A. Adjourned Regular Meeting of May 11, 1999 B. Regular Meeting of May 19, 1999 STREIT/BAKER MOVED TO APPROVE THE MINUTES OF MAY 11, 1999 AS PRESENTED. Page 5 of 6 Minutes for City Council Regular Meeting June 2, 1999 MOTION PASSED 4-0-1 (Councilmember Mehaffey abstained because of his absence at the subject meeting). BAKER/MEHAFFEY MOVED TO APPROVE THE IVlINUTES OF MAY 19, 1999 AS PRESENTED. MOTION PASSED 3-0-2 (Vice Mayor Bogosian and Councilmember Slxeit abstained because of their absence at the subject meeting). 11. 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 June 8, 1999.) 1. Youth Commission interviews 2. Joint meeting with Library Commission 3. Joint meeting with SASCC 4. Joint meeting Park and Recreation Commission. 5. Update report on Y2K compliant efforts City Manager Perlin suggested moving the joint meeting with SASCC to a future meeting and suggested tO hold the Youth Commission interviews 3 applicants at a time in ten-minute intervals. Council concurred. Discussion ensued regarding the Park and Recreation Commission meeting. There was consensus of the Council to allow for a discussion between Council and the Commission before receiving public testimony and break the items down to sub topics. Councilmember Streit commented that it is important to separate the playfields issue from the hub concept due to a conflict of interest in the playfields issue. Following discussion, Council concurred to hold the adjourned regular meeting in the Council Chambers/Civic Theater because of the anticipated attendance ~-om the public. 12. CITY MANAGER'S REPORT None ADJOURNMENT Mayor Shaw adjourned to the meeting of June 8 at 7:00 p.m. in the Council Chambers and mconvened to continue Closed Session discussions of items on the agenda at 10:25 p.m. in the Administrative Conference Room. Upon adjourmnent of Closed Session at I 1:40 p.m., Mayor Shaw declared them was no reportable action. Respectfully submitted, City Clerk Page6 of 6