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HomeMy WebLinkAbout09-16-1998 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, September 16, 1998 - 6:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting 6:30 p.m. - Closed session in Administration Conference Room pursuant to Government Code Section 54957.6 for conference with Labor Negotiator Agency negotiator:. Larry L Periin Employee organization: Saratoga Management Organization and Closed session pursuant to Government Code Section 54956.9 for conference with legal counsd - existing litigation Name of case: San Francisco Baykeepers et aL v. Saratoga Mayor's Report on Closed Session - Mayor Wolfe reported that no decisions were made in closed session. 7:30 - Pledge of Allegiance - Led by Library Commission Chairperson Marcia Manzo. 1. ROLL CAI,I, The meeting was called to order at 7:40 p.m. Councilmembers Bogosian, Jaeobs, Moran, Shaw, and Mayor Wolfe were present. Staff members present were City Manager Perlin, Community Development Director Walgren, and City Attomey Riback. 2. CEREMONIAL ITEMS - Introduction of New Employees City Manager Perlin introduced Ma. Mary Jo Walker, who began employment with the City as Finance Director on September 8, 1998. Ms. Walker briefly addressed the Council .!Mayor Wolfe welcomed Ms. Walker on behalf of the Council. 3. REPORT OF CITY CLERK ON POSTING OF AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on September 11. 4. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS - None. B. COMMUNICATIONS FROM COMMISSIONS Library Commission Chairperson Manzo invited the Council to a presentation on October 20, 7:30 p.m., by the const~tant who worked on the space analysis of the library. C. WRITTEN COMMUNICATIONS 1) Letter from Hakone Foundation regarding fee increases City Manager Perlin presented the staff report. SHAW/JACOBS MOVED TO APPROVE THE PROPOSED FEE CHANGES AS SUBMITFED. PASSED 5-0. 5. CONSENT CALENDAR A. Previously-Discussed Items - None B. New Items 1) Planning Commission Actions, 9/9 - Note and file. City Council Minutes 2 September 16, 1998 2) Resolution 779.8 amending Conflict of Interest Code 3) Approval of Check Register 4) Amendment to Cat ID Agreement 5) Memo authorizing Publicity for Upcoming Hearings - No hearings scheduled October 7 6) Resolution 98-30 on Criminal History BOGOSIAN/MORAN MOVED TO APPROVE CONSENT CALENDAR ITEMS 5-B-1 THROUGH 5- B-6. PASSED 5-0. C. CIAIMS AGAINST THE CITY - None Mayor Wolfe moved the agenda to Item 7A. 7. OLD BUSINESS A. Zoning Ordinance Amendments (second reading and adoption) - Proposed amendments include revisions to the Building Floor Area and Average Site Slope definitions~ the Building Floor Area Reduction requirements, the Administrative Design Review and Accessory Structure Review process, and the Sign Ordinance. New regulations would include a restriction on the number of wood burning fireplaces allowed and the creation of a creek protection setback for new construction. In addition, amendments are being proposed to the Lot Impervious Coverage requirements to match the language of the Measure G initiative. The proposed amendments have been determined to be categorically exempt fi'om the requirements of the California Environmental Quality Act. Community Development Director Walgren presented the staff report, noting that staff' s position remained the same. \ Mr. Steve Blanton, Public Affairs Director of the Peninsula West Valley (Pen West) Association of Realtors, addressed the Council. He expressed Pen West's support of the ordinance other than the exception process and proposed possible alternate language which he distributed to the Counc'd. Mr. John Mehaffey, Saratoga resident, addressed the Council describing his neighborhood as mostly 7500 square-foot lots where many of the new homes built are two stories. He asked the Council to preserve the possib'~ity of building two-story homes and maintain the exception process. A discussion ensued and staff responded to Counc'dmembers' questions~ Councilmember Jacobs questioned whether staff had reviewed the proposed lan~_,age prior to it being distributed tonight and proposed continuing the item so staff and the City Attorney could review and comment. Mr. Walgren said that staff had reviewed the language which would be more appropriate as a disclaimer rather than part of the ordinance. City Attomey Riback concurred that the proposed language was not appropriate ordinance language. A discussion ensued whether the language would go in the ordinance or on the application. Foliowing discussion, JACOBS/MORAN MOVED TO ADOPT ORDINANCES 71-177 THROUGH 71- 86 BY TITLE ONLY, WAIVING FURTHER READING. PASSED 5-0. Mayor Wolfe requested that staff continue to work with Pen West to address matters of concem which may come up in the ~ture. City Council Minutes 3 September 16, 1998 Mayor Wolfe moved the agenda to ltem 6A. CouncilmemberJacobsabstainedfromdiscussionsofltem6A and lef~ the meeting prior to the beginning of discussion. 6. PUBLIC FrI~ARINGS - 8:00 p.m. A. Appeal of Denial of Design Review approval to construct a new 5,991 . sq. ft., two- story residence On a vacant 4.89 acre parcel located at 22111 Villa Oaks Lane (Lot 11) in a Hillside Residential zoning district (DR98-003)(APN 503-78-029) (Applicant/appellant, Douglass) Mr. Perlin provided a brief histon, and Community Development Director Walgren presented the details of the staff report and responded to Councilmember Moran's questions. Mr. Jack Douglass, applicant, thanked the Council for visiting the site. Ms. Kathleen Williams, Architect, addressed the Council, noting that the house had been redesigned to meet the concerns of staff and the Planning Commission and that the neighbors expressed support of the plan. Mr. Steve Arnold, 1671 The Alameda, San Jose, stated he was the engineer working with the architect, and spoke in support of the project. Mayor Wolfe opened the public hearing at 8:23 p.m. Mr. Pete Pappanostos, neighbor of the project, encouraged support of the proposed plans. MORAN/SHAW MOVED TO CLOSE THE PUBLIC HEARING (at 8:25 p.m.) PASSED 4-0 (Jacobs absent). Council members present shared their individual perspective of the project. MORAN/SHAW MOVED TO APPROVE THE APPLICATION AND OVERTURN THE PLANNING COMMISSION DECISION. PASSED 4-0. (Jacobs absent.) Councilmember Jacobs retumed to the meeting after the vote. B. Appeal of Denial of Design Review Approval to construct a new 5,048 sq. ft. residence at a height of 20 feet from natural grade. The site is 1.8 acres located at 14190 Palomino Way in a Hillside Residential zoning district (DR98-002)(APN $03-68-002) (Applicant/appellant, Addison) Community Development Director Walgren presented the staff report. Mr. David Addison, applicant, expressed that miscommunication had been involved, that very little discussion had occurred between Planning Commission and applicant, that planning staff had made a negative presentation to the Commission, and that he had spent a significant amount of money for soils testing. He presented a set of drawings, stated that every effort had been made to blend the house into the site, and responded to Mayor Wolfe's questions. Mayor Wolfe opened the public hearing at 8:40 p.m. There was no present who wished to speak. BOGOSIAN/MORAN MOVED TO CLOSE THE PUBLIC HEARING (at 8:40 p.m.) PASSED 5-0. Staff responded to Council members' questions. Mayor Wolfe conveyed he would be voting to approve the appeal and explained his rationale. Councilmember Shaw expressed concern with increasing the maximum amount of cut allowed. He said when the property was purchased the requirements should have been known and the house designed to meet those requirements. City Council Minutes 4 September 16, 1998 Councilmember Bogosian noted the strict requirements for hillside lots are for good reason. He said the lot is constrained by the hill and the Planning Cornm~ssion's intention was for the house to reflect that constraint. Councilmember Jacobs stated that he was concerned with the extent of the slope as created and would be in support of the Planning Commission' s decision. Councilmember Moran noted she was concerned with the process and miscommun~cation as declared by Mr. Addison. She suggested that Mr. Addison continue to work with the Planning Commission. JACOBS/BOGOSIAN MOVED TO DENY THE REQUEST AND UPHOLD THE PLANNING COMMISSION'S DENIAL. PASSED 4-1. (Wolfe opposed.) 8. NEW BUSINESS A. Annexation 98-001 - Lands of Kim Foster, APN 503-13-122, ML Eden Road City Manager Pertin introduced the item, and Mr. Walgren presented the staffrep0rt. Following brief discussion, MORAN/SHAW MOVED TO APPROVE THE PETITION OF ANNEXATION BY ADOPTING RESOLUTION 98-31. PASSED 5-0. B. Lease Agreement for Nextel Communications Site The details of the staff report were presented by City Manager Pertin. A discussion ensued, and City Attorney Riback responded to questions regarding the terms of the agreement, specifically the renewal period. MORAN/JACOBS MOVED TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT WITHNEXTEL COMMUNICATIONS. PASSED 5-0. 9. ROUTINE MATTERS A. Approval of Minutes - September 2; September 8 SHAW/BOGOSIAN MOVED TO APPROVE MINUTES OF SEPTEMBER 2, 1998. PASSED 5-0. MORAN/SHAW MOVED TO APPROVE MINUTES OF SEPTEMBER 8, 1998. PASSED 5-0. 10. CITY COUNCIL ITEMS A. Agenda items for next adjourned regular meeting 1) Joint Meeting with Parks and Recreation Commission Staff provided a list of agenda items for the next joint meeting with Parks and Recreation Commission as follows: a. Update on the Park Development Fund Projects Playfield Development Proiect Task Force update Modification to original scope of services Trail Issues Encroachment Issues Trail Grant Program Remaining Projects Staff to submit a written summary on status of these projects City Council Minutes 5 September 16, 1998 b. Commissioner Crotty's Term on Commission. Councilmember Bogosian requested adding the Wamer HuRon House to the agenda to address a letter from Commissioner Olsen. 2) Septic Systems Abandonment Update from City Attorney 3) City Manager Evaluation B. Other · Councilmember Shaw reported that the adjourned meeting of September 8, 1998, lost its television signal and that an investigation has not determined the cause. The system has been checked and re-checked and is functioning properly. The television crew plans to arrive earlier prior to the next meeting to assure the system is functioning. · Councilmember Moran requested that the City Manager work with the Sheriff for an increase in patrolling ofpedesuian safety in the area of Fmitvale and Saratoga, particularly as the school year starts. · Mayor Wolfe was contacted by a resident on Charters Court whose property backs up to Chateau Drive. The resident requested that the City look into PG&E directing the chopping of five redwood trees in the area near Argonaut School. · Mayor Wolfe reported that the fire station is being rebuilt, and the Fire Chief has been in contact with Council members concerning using a portion of land for street modifications to reduce traffic congestion at the intersection of Saratoga-Los Gates Road/Saratoga-Sunnyvale Road. He proposed staff communicating with the Fire Chief and Fire Commission to reduce congestion. · Mayor Wolfe announced that the week of September 21, 1998 in the state of California has been proclaimed Lawsuit Abuse Awareness Week. He said it would be an oppommity to educate the public on the cost of lawsuit abuse to the taxpayer and consumer. Later in the meeting he announced that he is the Executive Director of the organization. 11. CITY MANAGER'S REPORT · City Manager Perlin reported that the Finance Commission began its work September 14 on the long- term budget plan. He reported that the Commission has requested mscheduling their joint meeting of October 13 with the Council as the Commission will not be ready due to rescheduling their meeting of October 12, Columbus Day holiday. Councilmember Moran' suggested that as the Finance Commission gets closer to an e;id product, it might want to hold a town hall meeting or open forum meeting for more citizen input. · City Manager Perlin reported that the phone system at City Hall was down last week, and the problem was due to the failure of a Pacific Bell high-capacity phone switch. Staff announced the failure on KSAR and radio. He said should this problem occur again in the future, citizens should mm to Channel 6. · City Manager Perlin announced that he received'information and a check from TCI for the application of change of ownership, noting that the franchise is to be transferred to AT&T. The item will be presented to the Council in the future. · City Manager Perlin explained that it has become difficult for the minutes from the Tuesday night Council meeting to be completed and included in the regular meeting agenda packet, and in the future they will be included in a later agenda. · City Manager Perlin announced that the Parks and Recreation Department is now accepting enrollment for approximately 220 classes. 12. ADJOURNMENT City Council Minutes 6 September 16, 1998 At 9:17 p.m., the meeting was adjoumed to the next meeting at 7 p.m. on Tuesday, September 22, 1998, at the Adult Care Center, 19655 Allendale Avenue. Respectfully submitted, oJ Minutes Clerk