Loading...
HomeMy WebLinkAbout03-19-1997 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, March 19, 1997 - 7:00 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting 7:00 - Closed Session in Administration Conference Room,' 13777 Frultvale Avenue pursuant to Section 54956.9(a): CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Name of case: - California Vs. Rosendin Electric; Guadalupe Rubbish vs. City of Saratoga After the closed session, Mayor Moran announced that no decisions were made by the City Council. 7:30 - Pledge of Allegiance - Led by Mr. Alan Halverson. 1. ROLL CALL Councilmembers Present: Mayor Moran, Vice Mayor Wolfe, Councilmembers Bogosian, Jacobs and Shaw. Staff Present: Acting City Manager Perlin, Interim Planning Director Walgren, Administrative Analyst Jacobs, and City Attorney Riback. 2. CEREMONIAL ITEMS A. Proclamation concerning the Schoolchildren of L'Ecole Saint Alexandre JACOBS/WOLFE TO APPROVE PROCLAMATION. PASSED 5-0. 3. REPORT OF CITY CLERK ON POSTING OF AGENDA The City Clerk reported that pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on March 14. 4. COMMUNICATIONS FROM COMMISSION8 AND THE PUBLIC A. ORAL COMMUNICATIONS 1) Presentation from Judge Nichols of the Superior Court Judge Leslie C. Nichols, Presiding Judge of the Superior Court, gave a presentation on issues related to the Superior Court and the administration of justice in Santa Clara County. 2) Mr. William H. Peretti, 13485 Old Oak Way, addressed the council on behalf of his neighbors and expressed concern that the landslide repair in the Villa Oaks area continues to be delayed although staff had indicated two months ago that the situation would be repaired in two months. He said that their backyards are heavily impacted by traffic being redirected as a result of the landslide. Stating that a fire hazard exists in the area, he asked the Council to repair damages as soon as possible and close the gates on Quarry Rd. Later in the meeting, Mr. Perlin addressed Mr. Peretti's concern. 3) Mr. Alan Halverson, 12390 Woodside Drive, urged the Council to ban the use of gas-powered leaf blowers i~ the city, or place the issue on the ballot and let the voters decide. 4) Mr. Don Whetstone,' 14768 Vickery Avenue, addressed the Council regarding Dr. Rhea Williamson's report on Saratoga Creek. He referred to her assertion that the coliform levels at Saratoga Springs and Saratoga-Sunnyvale Road exceeded the Environmental Protection Agency's criteria. He questioned her source/s which validated the information regarding the coliform levels. He alluded to a letter he submitted to the City requesting documentation substantiating her findings. Councilmember Bogosian asked City Attorney Riback how long the City had in which to respond to Mr. Whetstone under the Public Information Act. Mr. Riback replied that the normally the City has ten days from the City Council Minutes 2 March 19, 1997 date the request is. received in which to respond. Mayor Moran announced that Mr. Whetstone's letter had been referred to staff for a response. At 8:00 p.m., Mayor Moran moved the agenda to Item 6A, Public hearings. 6. PUBLIC HEARING8 - 8:00 pm. A. Requests to realign existing General Plan designation and Zoning District boundaries to match the realigned parcel boundaries at 13570 Pierce Road. Parcel A (8.4 acres) is located within a Hillside Residential District and Parcel B (40,500 sq. ft.) within an R-1-40,000 District. GPA96-001 and AZO96-001 (Applicant, Binkley)(APNS03-14-022 and 044) Interim Planning Director Walgren presented the staff report. Mayor Moran opened the Public Hearing at 8:10 a.m. There was no one present who wished to speak, and the Public Hearing was closed at 8:10 a.m. WOLFE/SHAW TO APPROVE RESOLUTION 97-13 AMENDING THE GENERAL PLAN AND ORDINANCE NS3-ZC-104 AS ANURGENCYMEASUREAMERDING THE ZONING DISTRICT BOUNDARY AS RECOMMENDED BY THE PLANNING COMMISSION. PASSED 5-0. B. City Council Review of Design Review approval to redevelop and expand the Argonaut Shopping Center by renovating the existing commercial structures and constructing two new free- standing buildings. Use Permit approval is necessary to allow the existing 30,070 sq. ft. Safeway Supermarket to be expanded by 10,720 sg. ft. The property is located at Saratoga-Sunn~vale Rd. at Blauer Dr. in a Commercial- Neighborhood zoning district. (DR96-056, UP96-016) (Appllcant, Argonaut Associates) Interim Planning Director Walgren gave the staff presentation. Mayor Moran opened the Public Hearing at 8:17 p.m. Mr. Ed Storm, applicant, stated that this is the fourth revision of the building he has been asked to provide, and that he is making every effort to compromise in a reasonable fashion. He has met with the adjacent property owners and addressed their concerns. Mr. Jerome Kocir, 12855 Saratoga-Sunnyvale Road, stated that he lives across the street from the shopping center. He noted that the City's statute provides that no maintenance can be done between 1:00 and 6:00 in the morning, Zand he alleged that maintenance has been going on at 4:00 a.m. Mr. Kocir reported that the corner of Pierce Road is a dangerous corner and should have a stop sign. Another concern expressed by Mr. Kocir is the slump in the road of Highway 9 of~ Pierce Road which Caltrans was supposed to have repaired five years ago. Mr. Ray Froess, 20225 Ljepava Road, stated he resides about two to three blocks from the subject site. He commented-that the shopping center has been an eyesore for a long time, and he would like to see it cleaned up. He has reviewed the plans which he described as thoughtfully done. Ms. Betty H. Frosee, 20225 Ljepava Drive, requested that the Council approve the applicant's plans for the much-needed facelift of the shopping center. Mr. Dick Wood, 14694 Sycamore Grove, former Presidentof the Saratoga Chamber of Commerce, state he is also active in the Saratoga Business Council and Team Saratoga, whose charter is to devise a plan to enhance the success of business. He expressed support for the applicant's plans and recommended that the Council approve the project. Ms. Sheila Arthur, Executive Director of Saratoga Chamber of Commerce, spoke on behalf of the Chamber's Board and recommended that the Council approve the project. City Council Minutes 3 March 19, 1997 Responding to Mayor Moran's question, Ms. Arthur stated that the Chamber has 390 members. Mr. Tom Hardy, 20486 Tricia Way, stated that his property abuts the shopping center. He noted that he had not had an opportunity to confer with the applicant, but requested a reasonable proviso be included to conserve trees as a buffer zone. Mr. Hardy agreed to Mayor Moran's request that he meet with the applicant and staff to address the issue. Mr. Alex Kessler, a Saratoga resident since 1975 and Saratoga business owner, stated that he and his family would like to see an improvement of the shopping center and requested the Council approve the plans. Referring to Mr. Hardy's concern, Mr. Storm stated that the plan includes preserving all trees in the shopping center. Mr. Storm explained that practical conditions and a financial burden resulting from existing leases at existing rates were the reason for appealing the $300,000 in offsite improvement costs. Mayor Moran closed the Public Hearing at 8:40 p.m. Councilmember Wolfe noted that the Planning Commission had done its job, but he also commended the cooperation of the developer in this case. He would be inclined to deny the applicant's appeal for the costs of undergrounding of utilities and the medians on Blauer Drive because of the traffic and safety impacts. WOLFE/JACOBS TO APPROVE DESIGN REVIEWANDUSE PERMIT REQUESTS, AND DENY THE APPLICANTS, APPEAL OF THE REQUIREMENTS THAT THEY UNDERGROUND THE EXISTING UTILITY LIMES ALONG SARATOGA-SUNNYVALE ROAD AND REPLACE THE BLAUER DRIVE MEDIANS. COUNCILMEMBER JACOBE NOTED HE SECONDED THE MOTION ONLY FOR DISCUSSION PURPOSES. Councilmember Jacobs analogized this item to a U.S. Supreme Court case which concluded that the city center in modern society has become the shopping center - a community center, a place where the community congregates. He noted that Argonaut is, in its own way, a city center as The Village is. He expressed that the proposed improvements did not represent what he had in mind. He stated he was not in favor of the proposed site, not in favor of the proposed building at the corner site, and questioned what it would be used for. He noted that the design was just a plain stucco shopping center without character nor identity, and did nothing to enhance the community. He said he would be voting to return the plans to the Planning Commission. He noted that the Commission had asked the owner/builder to review other projects in the area and that was not done. Councilmember Bogosian commented that he would be supporting the motion, and that he would want to keep the undergrounding and median conditions intact. Mr. Walgren responded to Mayor Moran's questions regarding the signs and color tones. Mayor Moran inquired about Mr. Kocir's concerns regarding the stop sign at Pierce Road. Mr. Perlin responded that the only concern which Mr. Kocir raised that could be addressed is the issue of the hours in which the sweeping of the parking lot occurred. He said the intersection on Pierce Road would not be impacted in any way by this project. Councilmember Jacobs withdrew his second to the motion made earlier. WOLFE/SHAW TO UPHOLD THE PLANNING COMMISSION DECISION TO APPROVE THE DESIGN REVIEW AND USE PERMIT REQUE8TS, AND TO DENY THE APPLICANT'S APPEAL OF THE REQUIREMENTS THAT THEY ~NDERGROUND THE EXISTING UTILITY LIMES ALONG SARATOGA-SUNNYVALE ROAD# AND REPLACE THE BLAUER DRIVE MEDIANS. PASSED 4-1 (JACOBS OPPOSED). City council Minutes · March 19, 1997 Mayor Moran declared a recess at 9:06 p.m. Upon reconvening, the same Councilmembers and staff were present. C. Appeal of denial of a request for an exemption from the floor area reduction requirement for buildings over 18 ft. in height. The request is in connection with a design review approval to construct a new 6,092 sq. ft., two-stcl7 single family residence on a 44,991 sq. ft. parcel. The property is located at 19825 Douglass Lane in the R-1-40,000 zoning district. (DR96-059, APN 397-16-150) (Appellant/applicant, Pinn Bros. Construction) Interim Planning Director James Walgren presented the staff report. Mayor Moran opened the Public Hearing at 9:24 p.m. Mr. Chuck Bommarito, Project Manager for Pinn Brothers Construction, presented exhibits depicting the predominance of two-story structures in the neighborhood. Another exhibit characterized the immediate neighbors who were contacted to express any concerns and who expressed support for the project. A third exhibit demonstrated photos of the site. He said the lot is surrounded on all four sides with mature trees, and the proposed home does not conflict with any of the trees. He noted that the design has plenty of support from staff and neighbors. Mr. Sam Araki, 19519 Montevina Road, Los Gatos, stated that he and Mrs. Araki had been working with Pinn Brothers Construction for approximately nine months and wanted to be sure that the proposed home fit into the neighborhood. Ms. Anne Woolsey of 19952 Durham Court said she resides on the other side of the creek which has some two-storyhomes. She would hope that the Council would consider putting emphasis on new two-story houses outside of the creek area when counting out the proportion of properties. Mayor Moran closed the Public Hearing at 9:35 p.m. Councilmember Wolfe commented that the findings were substantial and adequate, and that the builder had made every effort to retain the trees. WOLFE/BOGOSIAN TO ACCEPT THE APPEAL AND DENY THE DECISION OF THE PLANNING COMI~ISSION. Councilmember Jacobs indicated that the Planning Commission's decisions were made with ;reasonable consideration and that he would not be supporting the motion. Councilmember Bogosian conveyed that he toured the site, walked it extensively and was prepared to support the motion. Upon clarification from staff, Councilmember Shaw stated he would be inclined to support denying the Planning Commission decision. Mayor Moran stated that the floor area provision was intended to prevent over-building on lots and that the Planning Commission had carefully considered and thoroughly reviewed the plans. She agreed with the findings and reasoning of the Planning Commission and stated she would be voting to uphold the Commission's decision. MOTION PASSED 3-2 (JACOBS AND MORAN OPPOSED). Mayor Moran moved the agenda to Item 4B. B. COMMUNICATIONS PROM COMMISSIONS - None. C. WRITTEN COMMUNICATIONS - None. 5. CONSENT CALENDAR A. Previously-Discussed Items - None. City Council Minutes 5 March 19, 1997 B. New Items 1) Planning Commission Actions, 3/12 -- Note and file. 2) Parks and Recreation Commission Minutes, 2/3 -- Note and file. 3) Public Safety Comm%ssion Minutes, 2/10 - Note and file. 4) Resolution 96-42.10 amending 1996-97 Budget for Wong/Civitaf EIR 5) Memo Authorizing Publicity for Upcoming Hearings - Inoperative Vehicle Ordinance 6) City Financial Reports for February: a) Treasurer,s Report - Receive and file. b) Investment Report - Receive and file. c) Financial Report - Receive and file. 7) Approval of Check Register - Removed by Councilmember Bogosian. S) Final Acceptance of Improvements at Kerwin Ranch #1 (Tr. 8559) and Resolution 36-B-249 accepting Ronnie Way Extension into the Public Street System 9) Authorization to issue Purchase Order for Roof Repairs at civic center Complex to DAYCO Waterproofing services - Removed by Councilmember Bogosian. C. CLAIMS AGAINST THE CITY - None. WOLFE/JACOBS TO APPROVE CONSENT CALENDAR ITEMS 5B1-6 AND 5B-8. PASSED 7) Approval of Check Register - Removed by Councilmember Bogosian. Councilmember Bogosian questioned the $325.00 cost for a smoke detector. Acting City Manager Perlin presumed that the cost was not necessarily for a smoke detector, but probably for scheduled maintenance service of the smoke detector and alarm system. BOGOSIAN/SHAW TO APPROVE EXPENSE. PASSED 5~0. 9) Authorization to issue Purchase Order for roof repairs at Civic Center Complex to DAVCO Waterproofing Services - Removed by Councilmember Bogosian. Councilmember Shaw requested the status of the warranty issue with the contractor regarding roof repairs. Mr. Perlin responded that the proposal being offered by the contractor was to fund the repairs to the new roof at City Hall as recommended by DAVCO. Once the proposed repairs are done, the City would release the contractor from any further obligations to warranty only the roof portion. He said the contractor concluded that the problem had to do with the design and not with the construction. The contractor has tried everything possible to correct the problem. Councilmember Bogosian expressed reluctance to release the contractor from any liability. He suggested separating the roof repairs under warranty from the other roof maintenance repairs and continue to pursue a remedy with the contractor. Responding to a question from Councilmember Shaw, City Attorney Riback stated that he had not been asked to review this issue and explained City Council Minutes 6 March 19, 1997 the process for taking the matter to litigation. Councilmember Jacobs proposed that the issue be discussed in closed session. In response to a question from Councilmember Bogosian, Mr. Perlin described the various City buildings with roof leaks. BY CONSENSUS, THE ISSUE WAS CONTINUED TOMARCH 25, 1997. (Clerk's note: The date was later changed to April 2.) Mayor Moran moved the agenda to Item 4A. 4. A. Oral Communications (continued) and instructions to staff regarding actions on current oral communications 5) Mr. Jeffrey Schwartz, a Saratoga resident, posed two questions. He referred to an issue discussed earlier regarding a letter sent by Mr. Whetstone to the City and questioned why it was not agendized. He asked whether a policy existed for agendizing written correspondence to the Council. Later in the meeting, Mayor Moran responded to Mr. Schwartz's concerns and referred to the letter submitted by Mr. Whetstone. Councilmember Bogosian conveyed that he had submitted a letter from Mr. Whetstone and requested the letter be agendized. Responding to Councilmember Bogosian's question, Mayor Moran stated that written communications to Councilmembers are not always agendized. A discussion ensued regarding agendizing written correspondence to Councilmembers. Councilmember Bogosian stated he would like to see more consistency in placing items on the Council agenda. Mr. Schwartz commented that based on previous Council discussions and media articles, it appeared that there were no applicable standards for pollution in Saratoga Creek. He asked whether the Council needed additional information to acknowledge that there were, in fact, legal standards which apply. The Council directed City Attorney Riback to prepare a response to Mr. Schwartz's concern regarding legal standards applicable .to the pollution of Saratoga Creek. 6) Mr. Tom Groves, Saratoga resident, addressed the issue of gas-powered leaf blowers. He said he does his own maintenance on his garden, using various gas-powered tools. He stated time restrictions for using gas-powered leaf blowers is not a problem, but emphasized the need for a leaf blower to clean around difficult areas. He suggested that the Council allow the issue of gas-powered leaf blowers to die. Mayor Moran asked Mr. Perlin to respond to Mr. Peretti who earlier had expressed concern regarding the landslide repair in the Villa Oaks area. Noting he had spoken to Mr. Peretti several times, Mr. Perlin stated that the City continues to monitor the devices installed in the landslide for measuring groundwater levels and other factors to determine the best option for repairing the damage. Mr. Perlin expressed that at the February Council meeting, he reported that within six to eight weeks the City Geologist would be in a position to evaluate the readings. However, because of the recent nice weather, not much has been ascertained. Mr. Perlin noted that he did not commit to repair the road since the situation still needs to be evaluated. He said that he understood the concerns of the neighbors, but at this time there is not much that can be done insofar as temporarily reopening Villa Oaks and closing Quarry Road. 7. OLD BUSINESS City Council Minutes 7 March 19, 1997 A. Library Expansion Update/Request for Proposals Ms. Irene Jacobs presented the staff report. Councilmember Shaw suggested that public input be solicited early in the design of the library expansion. Ms. Jacobs noted she would share the comment with the Library Commission. JACOBS/WOLFE TO APPROVE THE HEVI8ED REQUEST FOR PROPOSAL FOR THE EXPANSION OF THE SARATOGA COMMUNITY LIBRARY ANDTO APPROVE THEATTACEED LIST OF ARCHITECTS TO RECEIVE THE REVISED RFP. PARSED 5-0. B. Report from Public Works Director regarding placement of moratorium on further development in Mr. Eden Estates Subdivision (cont,d from 2/19) Acting City Manager Perlin noted that this item had been removed from the agenda by staff. The report is expected to be ready for the April 2 agenda. C. Resolution setting salary for Interim Planning Director as discussed 2/25 BOGOSIAN/SHAW TO ADOPTRESOLUTION 97-14 APPOINTING ASSOCIATE PLANNER JAMES WALGREN AS INTERIM PLANNING DIRECTOR. PASSED 5-0. 8. MEW BUSIMESS A. Proposed Revisions to 1997 Budget Master Calendar Acting City Manager Perlin reviewed the schedule with Council members. Mayor Moran suggested meeting with the Finance Advisory Committee prior to May 25th to review the budget. Mayor Moran directed staff to have the budget ready by May 2 for distribution at the May 5 meeting. BY CONSENSUS, THE COUNCIL DIRECTED STAFF TO COORDINATE A MEETING DATE WITH FINANCEADVISORY COMMITTEE CHAIR FOR CITY COUNCILAND COMMITTEE TO REVIEW BUDGET. 9. ROUTIME MATTERS n. Approval of Minutes - 2/25; 3/5; 3/11 WOLFE/JACOBS TO APPROVE MINUTES OF FEBRUARY 25, MARCH 5 AND MARCH 11, 1997. PASSED 5-0 (COUNCILMEMBER WOLFE ARSTAIMED FROM MARCH 11# 1997 MINUTES AS HE WAS NOT PRESENT AT TEE MEETING.) 10. CITY COUNCIL ITEMS n. Agenda items for adjourned reqular meeting March 25 1) Budget Workshop 2) Budget Master Calendar 3) Roof Repair B. Discussion of Posslble Topics for Next Town Hall Meeting and Posslble Change of Date from April 12 to April 26 1) City Budget 2) Landscape and Lighting District Issues C. Discussion of Possible Policy on Councilmembers' Outgoing Correspondence Councilmember Shaw suggested a possible policy for sharing information among Council members. City Council Minutes 8 March 19, 1997 Mayor Moran stated that a traditional procedure has been that when a Councilmember writes a letter on City letterhead, a copy is given to the City Manager's secretary for the record. Councilmember Bogosian suggested that staff prepare a draft policy statement for Council approval. Councilmember Jacobs stated he would not want any Council policies that would discourage the public from communicating with Council members due to disclosure or confidentiality. He expressed that Councilmembers should be allowed to exercise discretion. Following discussion, CONSENSUS WAS FOR COUNCIL MEMBERS TO USE DISCRETION IN SHARING OUTGOING CORRESPONDENCE. D. Other Mr. Perlin requested Council members' schedules for the next two weeks. 11. ADJOURNMENT The meeting was adjourned at 11:15 p.m. to next meeting at 7:00 p.m. on Tuesday, March 25, at Adult Day Care Center, 19655 Allendale Avenue. Respectfully submitted, Minutes Clerk