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HomeMy WebLinkAbout08-12-1997 City Council Minutes MInuTES SARATOGA CITY COUNCIL TIME: Tuesday, August 12, 1997 - 5:00 p.m. PLACE: Adult Day Care Center, 19655 Allendale Avenue TYPE: Adjourned Regular Meeting/Joint meeting with Planning Commission/Quarterly Program and Major Project Review CLOSED SESSIONS: 5:00 p.m. - PUrsuant to Government Code Section 54957.6: CONFERENCE WITH LABOR NEGOTIATOR Agency Negotiator: Liebert, Cassidy & Frierson Employee Organization: Saratoga Employees Association 6:00 p.m. - Pursuant to Government Code Section 54956.9(a): CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Name of Cases: Guadalupe Rubbish Co. v. Saratoga; Green Valley Disposal Co. v. Saratoga; Warfel v. Saratoga; Bloxham v. Saratoga; San Francisco Baykeepers v. California State Water Resources Control Board; Saratoga v. West Valley Community College; and Pursuant to Government Code Section 54956.9(b); and CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION in one case MAYOR'S REPORT ON CLOSED SESSION: Mayor Moran announced that no decisions were made by the Council at closed session. 1. ROll Call - 7:00 p.m. Present: Councilmembers Bogosian, Jacobs, Shaw, Wolfe, and Mayor Moran. Staff Present: Interim City Manager Perlin, Administrative Services Director Fil, Community Development Manager Walgren, and City. Attorney Riback. 2. Report of City Clerk on Posting of Agenda Interim City Manager Perlin announced that pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on August 8. The notice of adjournment from the August 6 Council meeting was properly posted on August 7. 3. Oral Communications from the Public on Non-Agendized Items - None. 4. Library Painting Interim City Manager Perlin reported that he had sent a copy of the lease to Mr. Riback for review. Mr. Perlin announced that the architect, Mr. Stypula, was present tonight to discuss potential options with the Council and how the issue may impact the library expansion which Mr. Stypula will be designing. He reported that one option which will probably not be available in the design of the new library is natural redwood unless something can be done with the existing facility whose natural redwood facade was painted a pinkish color by the County of Santa Clara. Me stated he was uncertain that the painting could be removed. If the paint cannot be removed, other colors could be selected and could impact the design of the library insofar as exterior treatment is concerned. Mr. Stypula noted that he had looked at other material colors. Mr. John Lundell, 18951 Ansley Place, Saratoga, noted that the building was originally designed with redwood. He asked whether re-siding could be included as part of the library expansion and whether the County could be held responsible for the re-siding. He described the building as superb inside and outside and encouraged the Council to find a solution to returning the building to its original condition. City council Minutes 2 August 12, 1997 Mr. Perlin stated that although staff had asked the County to stop painting after the last Council meeting, the painters had already planned to stop painting at that point between coats. Councilmember Bogosian asked Mr. Stypula whether the building could be re-sided to its original natural redwood exterior if funding were available. Mr. Stypula responded that it could be done if the same redwood material were still available, and indicated he would do research on the subject. Councilmember Bogosian suggested that if the original material were not available, perhaps a similar type of product could be stained with the right application of penetrating stain. Councilmember Wolfe recommended moving the project along so that the County would bring the building back to its original condition. Responding to a question from Mayor Moran regarding the completion date of the expansion, Mr. Stypula said that, assuming the bond election passes in June, the project could be completed in three years. Responding to a question from Mayor Moran regarding what the color should be, Mr. Stypula suggested a whitewash tone, saying he could provide samples by painting the screenwalls behind the buildings which house mechanical equipment. Councilmember Wolfe suggested a weathered white barn siding. Councilmember Shaw asked Mr. Riback for his findings regarding the lease. Mr. Riback responded that the lease appeared to be very clear that the County has the responsibility for maintaining the building exterior. If reasonable maintenance should have included periodic treatment of the surface and that did not occur, that could be to the Cityts favor. Mayor Moran recommended simultaneously working with the County while proceeding with the project and possibly forming a color committee. Councilmember Bogosian stated that before forming a committee or selecting a color, he would like to direct the City Manager and City Attorney to draft a letter to the County outlining the City~s concerns to find out if the County has responses to the maintenance that was done and other Council issues. Councilmember Shaw suggested proceeding with a paint selection procedure and adding that issue to the letter to the County, requesting a timely response. Councilmember Jacobs stated that nothing should be done until discussions with the County have been completed. BY CONSENSUS, STAFF WASDIRECTED TO 8ENDALETTER TO THE COUNTYAND IN THE INTERIM, MR. STYPULAAND STAFF REVIEW COLOR CHARTS, Mr. Stypula noted that the library roof also needs maintenance and he would suggest that the County not do anything until it has been decided what to do with the expansion. Mayor Moran directed staff to add the roof issue to the letter to the County. 5. FY 96-97 Preliminary Year End Budget Results Finance Director Thomas Fil presented a detailed report, stating that these were preliminary results for June 30, 1997. Mr. Fil noted that revenues exceeded expectations, expenditures did not exceed budget, and the fiscal year ended in a favorable cashflow position. He then responded to Councilmembers' questions. 6. Quarterly Program and Major Project Review a. Administrative Services Director: City Council Hinutes 3 lugUst 12, 1997 1) Computer Systems Upgrade - Mr. Fil reported that the hardware acquisition has been completed, and staff is currently learning how to use the new equipment. 2) Financial Reporting System - Mr. Fil noted that staff is currently inputting budget information to prepare readily-accessible reports. 3) Certificate of Participation Debt Payoff - Mr. Fil reported that funds are available to retire the COP debt. The retirement team, consisting of Bond Counsel, a Financial Advisor, a Trustee, and a Verification Agent, has been assembled, and it is anticipated the bond will be retired in September 1997. Staff plans to bring this issue back to Council for resolution approval. B. Community Environment Director Mr. Perlin reported on the following projects: 1) Capital Projects Update a. Quarry Creek Wetlands (Project 9109) - Last Of permits have been signed and soon to go out for bid. b. ADA Improvements (Project 9302) - Just completed initial phase of improvements throughout City street system. c. Quito Road Bridges (Project 9111) - RFP for replacing two bridges will be going out for bid. Working on agreement with Town of Los Gatos and Santa Clara Valley Water District for joint funding for local match. d. Villa Oaks Landslide (Project 9703)-Discussed in closed session. e. Underground Utility District - Conducted walk- through with PG&E. Need to contact two property owners within the District and determine how they want to participate. Item will be brought back to Council with an implementation plan. f. Arterial Sidewalks (Project 9510) - Next segment to be addressed is unincorporated area along Saratoga Avenue. Plan to work on Quito Roadsnext summer. g. LibraryExpansion - Project to become a capital improvement project. Will be brought back to Council in September. 2) Park Development Projects a. Hakone Restrooms - Ready to go to bid. b. Heritage Orchard Improvements c. Wildwood Park Restrooms d. Playfields at School Sites e. Warnet Hutton House Improvements BY CONSENSUS, ITEMS 2b THROUOH 2e WERE DEFERRED. 3) Pavement Management Program- Sidewalk project added to this program. Plans for next phase include paving from The Village to Shadow Oaks. 4) Code Enforcement Program - Sheriff~s Technician position has been filled and scheduled to begin employment in September. Funding from COPS program. City Council Minutes 4 ~ugust S) Zoning Ordinance/~mendments (See 6A.3) - Corrected to read item ZA.3. To be discussed during meeting with Planning Commission. 6) 8olld Waste JPA Update - Attempting to form JPA, and report will be brought to Council in September. 7) Baylot Avenue Traffic Calming - Final report has been reviewed withPublic Safety Commission. Propose installing speed bumps. Will be brought to Council September 3 with recommendation. S) ALTRANS Project - In process. 9) CA'x'v Services to Community Center - Possibility of moving Planning Commission to Community 'Center for cable broadcasts. Proposal from TCI forthcoming. 10) TETAP Project - In process of getting underway. Would optimize timing of traffic signals. !1) Hakone Caretaker~s House Rehabilitation - Plan to rehabilitate house as affordable housing for individual or family to provide caretaking services. C~ City Manager 1) Reorganization - Continue to work on reorganization. A few resignations have been submitted. Next round of broadbanding will be the Administrative Analyst positions. 2) Council Policy Manual - Staff working on developing a manual of all policies ever approved by City Council. 3) Adult Entertainment Ordinance - Mr. Riback reported that inquiries have been made regarding the possibility of opening adult entertainment businesses in the City. The City has no ordinance which would regulate such businesses. He is preparing a draft ordinance and will be presenting it to the Council at a later date. 4) Massage Parlor Ordinance - Mr. Riback is reviewing the City~s ordinance and is preparing a draft revised ordinance for staff review before bringing to Council for consideration. D. Recreation Director 1) Multi-Year Cost Recovery Plan - Mr. Perlin reported that staff has prepared draft plan'and will be presenting it to Parks & Recreation Commission and to the Council. Mayor Moran directed staff to provide a two-year plan and a four-year plan, and that both plans be reviewed by the Finance Committee before bringing to the Council. 2) Friends of Warner Mutton House Non-Profit Organization - Mr. Perlin reported that the non- profit group has been formed and is in the process of raising funds to support the teen center. Upon completing staff's reports, staff responded to Council members~ questions. Mayor Moran declared a recess. Upon reconvening, the same Council members were present. City Council Minutes 5 August 12, 1997 7.Joint Meeting with Planning Commission - 8:30 p.m. Planning Commission members present: Dick Siegfried, Henry Murakami, Mary-Lynne Bernald, Margaret Patrick, Mark Pierce, and Marcia Kaplan. A. City Council Items 1) Creek Setbacks - Mayor Moran conveyed that the City does not have any distinction in zoning between a property line that is a creek and a property line that is not a creek. Mr. Walgren explained the City's monitoring of such zoning. Following discussion, staff was directed to look at other jurisdictions to see if they have an applicable ordinance. 2) Televising Planning Commission Meetings - Planning Commissioners expressed concern with making plans and drawing details visible to the community through television and minimizing participation from the community. After discussion, staff was directed to follow up withKSARregarding the mechanics to make the plans visible to the public. 3) Possible i~mendments to Zoning Ordinance to Streamllne Procedures (See B.5) Mr. Walgren recalled that part of the reorganization strategy was to reduce the number of planners working for the City and included streamlining some of the existing ordinances. Staff is planning to simplify the process and will be reporting back to the Council soon. 4) Signs in the Public Right-of-way (ordinance sunsets on November 30, 1997) - Mr. Walgren noted that staff · will be addressing this issue at a public hearing to either extend the ordinance or let it sunset. Staff reportto be presented at September 17 Council meeting. Councilmember Jacobs indicated he would like to have garage sale and lost pet signs exempted as opposed to political signs and special event signs. 5) Second storyAdditions - Councilmember Jacobs raised the guestion of whether policies regarding second story additions should be crafted to fit specific neighborhoods or areas before another similar issue arises. Commissioner Siegfried reported that this issue is one of the commission's most difficult issues. The Commission had discussed many years ago doing a neighborhood compatibility study which never evolved due to the significant amount of time and work required. He said that a properly,designed second story addition is less intrusive than a poorly designed second story or, in many cases, a first story addition. Commissioner Kaplan said that with today's price of homes in the Valley, it is difficult for families to buy homes elsewhere. Necessity for second stories are driven by family size, the economy, and the desire of families wanting to stay in the community. Commissioner Murakami stated that if a neighborhood is to be designated strictly single-story, it would have to be done in a finite way. Councilmember Bogosian said that the City has a very good design review process set up and it is a matter of being sensitive not only to the interest of people that move in but also the interest of people in the neighborhood. He said it is very important for the design review to work for all concerned. Councilmember Wolfe noted that if an outlandish design is submitted, it can be turned back for redesign. He said each request has to be considered on a case-by-case basis and the City bouncll Minutes 6 August 12, 1997 Planning Commission is doing a good job at it. Mr. Walgren r~ferred to the safeguards through the City~s design review process which has specific findings, including privacy protection, solar protection, and compatibility. He said the Commissioners visit the property prior to the public hearing~ the public hearing allows neighbors to participate and comment~ and an appeal process is involved. He cited the Metzler case as an example. Councilmember Shaw expressed that he would like to see the Council provide more direction and guidance to the Planning Commission which would make it more difficult to put a second story addition in an area that is predominantly single story. Ms. Marcia Fariss, Saratoga resident, commented that a decision had to be made on whose property rights were more important: the person who wants to add a second story versus neighbors who do not want a second story in their neighborhood, and the issue fits in with the nature of the neighborhood. Mayor Moran expressed concern with overbuilding versus second story. She would like to see the design review process strengthened by determining whether there is anything that either the Council or Planning Commission can do to address the box-on-box issue more fairly, perhaps by introducing a guideline to that effect. Councilmember Wolfe noted that as far as property rights are concerned, the person who brings a request to the Planning Department and pays for the service is the person whose rights are questioned at the time. Those who are not paying for the service do not have the same rights as the person whose property is being considered. Councilmember Bogosian concurred with Ms. Fariss' statement that neighborhoods need to be considered. Commissioner Patrick noted that the Commissioners operate within the guidelines provided by the Council and consider the neighborhood, compatibility, and design among other factors. Commissioner Kaplan suggested putting the issue to the voters for a decision. Mayor Moran remarked that the Planning Commission is doing a good job and making the best decisions that fit the City~s ordinances. Councilmember Jacobs conveyed that many times the Commission will disagree with the Council~s decision and vice versa, but that does not mean that the Council does not appreciate nor respect the Commission's work. ~ Commissioner Patrick expressed concern that because some Councilmembers disagreed with the Commission~s ruling on the Metzler decision does not mean that the Council has to change the rules. Councilmember Jacobs, noting that he voted to uphold the Metzler decision, said his views were based on what appears to be a trend. Following a lengthy discussion, Mayor Moran suggested that the council participate in the next Commission's "Orchids and Onions" tour to continue dialogue on the issue of second story additions. BY CONSENSUS, COUNCIL IS TO DISCUSS THE ISSUE AT ITS NEXT POLICY SESSION. Due to a prior commitment, Commissioner Kaplan left the meeting at 10:10 p.m. and did not return. 7) Appeal Fee for Planning Commission Decisions - Councilmember Jacobs suggested a method where the losing party pays. Following lengthy discussion City Council Hinutes 7 Auglist 12, 1997 regarding staff time and dollar amounts, staff directed to revise the fee schedule to make the appeal process more accessible and bring resolution back to the Council for approval on a trial basis for a year or so. B. Planning Commission Items 1) Gas Burning Items - Commissioner Patrick presented the Commission's report and said that the Commission would be presenting to the Council at a later date a proposal to limit wood burning fireplaces. She said that many applicants are requesting gas- burning fire places. 2) Modifications to Tree Removal Regulations - Mr. Walgren explained the current ordinance. Staff directed to maintain the ordinance regarding tree removal as is and eliminatethe process of notifying all neighbors. 3) Commission Attendance at City Council Meetings - Commissioner Patrick noted that there was no reason for the Commissioners to be at Council meetings when they can watch proceedings on television; however, they would be available if necessary to be present for an appeal. Staff was directed to explore providing Council with a copy of videotape of items at Planning Commission meetings appealed to the Council. 8. Traffic Calming' Proposal for Miller Avenue - Continued to September 9 Council meeting. 9. Self-Evaluatlon of Previous Meetings - July 22, August 6 (Meeting in Multi-Purpose Room) Consensus was that Council members approved of the Multi-Purpose Room for Council meetings and would like the setup rearranged so that the Council faces the audience and move City Manager and City Attorney closer to Mayor to allow them to dialogue. Councilmember Bogosian requested that staff assure adequate parking is available during Council meetings. A member of the audience requested arrows leading to Council chambers be posted. 10. Agency Assignment Reports - None. 11. Other - None 12. Adjournment Mayor Moran adjourned the meeting at 11:10 p.m., in memory of the late Planning Commissioner, Mr. A1 Abshire. Respectfully submitted, Lynda Ramirez Jo~ Minutes Clerk