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HomeMy WebLinkAbout02-03-1999 City Council MinutesPublic hearings will start promptly at 8:00, when the Council will move from whatever item it is considering at that time to public hearings. Note: Devices to assist the hearing impaired are now available in the lobby. MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, February 3, 1999 - 6:30 p.m. PLACE: Closed Session - Administrative Conference Room, 13777 Fruitvale Avenue; Regular Meeting - Civic Theatre, 13777 Fruitvale Avenue TYPE: Regular Meeting OPEN SESSION - 6:30 p.m. in A~s~ative Commence Room, 13777 FmiWale Avenue 1. COM~SSION INTER~EWS 6:30 - E~est Broo~eld (Fin~ce Comission) 6:40 - Ca~y O'Do~ell (Libr~ Co~ssion) 6:50 - Ru~ Gipsmin ~ibr~ Comission) All ~ee applicmts w~e inte~iewed by ~e Ci~ Co~cil. AJOU~ TO CLOSED SESSION 2. CLOSED SESSION - 7:00 p.m. in A~s~ative Conference Room, 13777 FmiWale Avenue A) CO~EENCE ~TH LEG~ CO~SEL-~IC~ATED LITIGATION ~tiation of litigation pmu~t to subdivision (c) of Section 54956.9: (~e c~e) ~CONVENE TO ~GULI MEETING AT 7:30 P.M. ~YOR'S ~PORT ON CLOSED SESSION - Mayor Shaw decl~ed ~ere w~ no repoaable action. C~L TO O~ER - Mayor Shaw called ~e meeting to ord~ at 7:30 p.m. ~ ~e Civic ~eater at 13777 FmiWale Avenue. ROLL C~L - Co~ci~embers B~er, S~eit, Mehaffey, Mayor Shaw were present. Vice Mayor Bogosi~ w~ absent. St~present: Director of Com~W Development Jmes Wfl~en, Ci~ ARomey Mike ~back, Ci~ Clerk Sus~ A. los. PLEDGE OF ~LEGI~CE - Led by Mayor Shaw. 3. CE~MONI~ ITEMS - None ~PORT OF CI~ CLE~ ON POSTING OF AGENDA P~su~t to Gove~ent Code 54954.2, the agenda for ~s meet~g w~ properly posted on J~u~ 29, 1999. RepoSed by Ci~ Clerk S~ A. Rmos. · 4. CO~UNICATIONS FROM CO~SSIONS gD THE PUBLIC A. O~ COMMU~CATIONS ON NON-AGE~IZED ITEMS - ~y member of ~e public will be allow~ m ad&ess ~e Ci~ Co~cil for up m t~ee (3) m~utes on makers not on ~s agent. ~e law generally pro~bits the Co~cil from discussing or ~g action on ~y such ma~en. Howev~, ~e Co~cil may insect stuff accordingly reg~ig ~al Co~cations ~der Agenda Item No. 9. None Page 1 of 5 Minutes for City Council Regular Meeting February 3, 1999 B. COMMUNICATIONS FROM COMMISSIONS None C. WRITTEN COMMUNICATIONS 1) Letter dated January 21, 1999, fi'om Dr. Mary Gardner, Superintendent of Saratoga Union School District, regarding SUSD School Improvements. Dr. Mary Gardner, Superintendent of Saratoga Union School District, commented regarding school improvements and invited the Council to attend a joint meeting with the school board to obtain information about the proposed plan for renovation and improvements and to inspect the playground and the subject trees. She introduced Stan Perry, a new Boardmember. Mr. Perry, Boardmember, provided background and emphasized on the school's tradition of excellence and quality education. He commented that the plan to renovate and improve the playground would provide safety to the students and would cost less to maintain. He urged the Council not to adopt a resolution supporting the preservation of the Eucalyptus trees. Following discussion, Council concurred to attend a meeting of the School Board on Monday, February 8, 1999 at 8:30 a.m. at the Saratoga Elementary School on Oak Street with Planning Commission, Heritage Preservation Commission and the Public Safety Commission, for the purpose of gathering additional information on the proposed improvements and view the site. 1)Memo fi'om Community Development Director regarding use of neon signs in the Village. Director of Community Development James Walgren presented the report. In summation, the current sign ordinance does not prohibit neon signs nor does it regulate signs beyond the glass window and permits for signs behind the wIndow are not currently required by the City. Following discussion, Mayor Shaw recommended to forward this matter to the SBDC for comments. Councilmember Baker asked and Mr. Walgren replied that the City has received no complaints on neon signs at this time. Councilmember MehatTey commented that he received a complaint about a 4' X 4' neon sign that was put up, however, that sign ha~ since been removed. Mr. Walgren suggested that perhaps the City needs to prohibit the size of neon signs. Council concurred to forward this matter to the SBDC for discussion. Councilmember Mehaffey recommended bringing a report back In six months, since the SBDC meets every other month. 5. CONSENT CALENDAR A. Previously Discussed Items - None B. New Items 1. PlannIng Commission Actions, January 27, 1999 Recommendation: Note and file. 2) Memo )tuthorizing Publicity for Upcoming Hearings - None 3) Approval of Check Register 4) Final Acceptance and Notice of Completion - Civic Theater Lighting Improvements Recommendation:-Accept the project as complete and authorize staff to record the Notice of Completion for the construction contract. 5) Resolution changing start time of public hearings at regular City Council meetings to 7:30 p.m. Recommendation: Adopt the attached resolution. C. Claims Against the City - None Page 2 of 5 Minutes for City Council Regular Meeting February 3, 1999 BAKERfMEHAFFEY MOVED TO APPROVE AND ADOPT THE CONSENT CALENDAR AS PRESENTED. PASSED 4-0-1, VICE MAYOR BOGOSIAN ABSENT. Mayor Shaw announced that since the hour for public hearings had not yet come, he would proceed to items following public hearings, and return to public hearing at 8:00 p.m. 6. PUBLIC BEARINGS - 8:00 p.m. ' ~) Vessing Road Assessment District Protest Hearing (Continued from 10/21/98) _. Recommendation: Continue to March 3, 1999 regular meeting. Director of Community Development Walgren recommended continuance of this hearing to the regular Council meeting of March 3, 1999 to allow additional preparation time for the participants. Mayor Shaw opened the public hearing at 8:00, there being no public testimony, closed the public heating at 8:01 p.m. MEHAFFEY/STREIT MOVED TO CONTINUE THIS PUBLIC HEARING TO THE MARCH 3, 1999 REGLrLAR COUNCIL MEETING. PASSED 4-0-1, VICE MAYOR BOGOSIAN ABSENT. B) AZO 98-002 - Proposed amendment to Article 15-18 of the Municipal Code, the Professional and Administrative Office District section of the Zoning Ordinance, allowing temporary pumpkin sales with similar restrictions as apply to the currently allowed sales of Christmas trees. Recommendation: Introduce Ordinance by title only, waiving further reading. Director of Community Development Walgren presented the staff report, noting that staff has prepared an EIR with Negative Declaration findings. Mayor Shaw opened the public hearing at 8:02 p.m., there being no public testimony closed the public hearing at 8:03 p.m. Discussion ensued. STREIT/MEHAFFEY MOVED TO INTRODUCE ORDINANCE BY TITLE ONLY, WAIVING FURTHER READING; AND, TO ADOPT THE FINDINGS FOR A NEGATiVE DECLARATION. PASSED 4-0-1, VICE MAYOR BOGOSIAN ABSENT. A) AHPO 98-001 - Proposed amendments to Chapter 13 of the Municipal Code, the Befitage Preservation Ordinance. Recommendation: Introduce Ordinance by title only, waiving further reading. Director of Community Development Walgren presented the staff report. Mayor Shaw opened the public heating at 8:10 p.m. and recognized the following persons who spoke: Marc Kocir~ 12795 Saratoga-SunnW ale Road, commented on the process of assigning properties to the historical inventory and designated list. He inquired how property can be removed ~'om die inventory list. Mr. Walgren explained the process, noting that the inventory and designated lists are compiled and administered by the Heritage Preservation Commission. Any addition or removal of properties from the inventory or designated lists are determined by the Commission. Martin Schibler~ 13939 Ouito Road. commented that his property is on the inventory list without any notification. He commented that the inventory list is a step to becoming a designated property, and although he has no present plans to renovate the property, he asked about the Commission's criteria and standards and whether this information is available to the public. John Bellicitti~ 18500 Marshall Lane, commented that his property is on the inventory list and felt that it would restrict the property owner's ability to renovate the property. He stated for the record that he does not want his property to become a designated property. Mr. Walgren commented that the Heritage Preservation Commission (HPC) is an advisory body. Page 3 of 5 Minutes for City Council Regular Meeting February 3, 1999 Mayor Shaw commented that the intent of this process is not to hinder the property owner, but it is a sincere effort to protect the City's heritage. Mark Heath, 14306 Saratoga Avenue, commented that he has gone through the process with HPC and Planning Commission and the two bodies do not see things in the same level. HPC's role proved helpful, while Planning Commission demonstrated gnvemment bureaucracy which is not helpful to the property owner. Discussion ensued regarding the renovations to Mr. Heath's property and what occurred in that process .... Mayor Shaw recommended adding language to the proposed ordinance for the Planning Commission to consider the recommendations made by the HPC; and, to provide for an appeal process. Michael Andres, 14065 Saratoga Avenue, commented that he has a designated home and is considering putting up a block wall on his property instead of a picket fence. He asked what would happen if the Planning Commission approved it but the HPC did not. Mr. Walgren replied that the City has fencing requirements and for the area where his property is located, it will go through a review process by the HPC, not the Planning Commission. He added that an HPC decision can be appealed to the Planning Commission and City Council, even for fences. There being no further public testimony, Mayor Shaw closed the public hearing at 8:40 p.m. and opened the discussion for Council comments. Discussion ensued. There was Council consensus that there is a need to educate the public, particularly the affected property owners, about this program and its process. Mr. Walgren explained that a mass mailing was conducted ten years ago to educate the public about the program and its process. In addition, properties with a historical designation are reflected as such on the property's title report. Mr. Walgren concurred with Council to initiate an educational process, however, he indicated that the proposed ordinanc~ will not impact what property owners can or cannot do to their property. MEHAFFEY/BAKER MOVED TO DIRECT THE HERITAGE PRESERVATION COMMISSION TO INITIATE A PUBLIC EDUCATIONAL PROGRAM; AND STAFF TO AMEND THE PROPOSED ORDINANCE TO INCLUDE APPEAL PROVISIONS FOR PROPERTY OWNERS ON THE INVENTORY OR DESIGNATED LIST AND INCLUDE THE HERITAGE PRESERVATION COMMISSION IN THIS PROCESS. PASSED 4-0-1, VICE MAYOR BOGOSIAN ABSENT. 7. OLD BUSINESS - None 8. NEW BUSINESS A) Resolution appointing a Real Property Negotiator and a Labor Representative to negotiate issues concerning real property, salaries, salary schedules and fringe benefits, as directed by the City Council. Recommendation: Adopt the attached resolution. City Attorney Mike Riback provided background' information.' Discussion ensued. Councilmember Mehaffey asked and City Atty. Riback replied there is no conflict in the City Manager's role as Labor ,Representative. MEHAFFEY/BAKER MOVED TO ADOPT THE RESOLUTION AS PRESENTED. PASSED 4-0-1, VICE MAYOR BOGOSIAN ABSENT. 9. ORAL COMMUNICATIONS (continued) and instructions to staff regarding actions on current oral communications. Page 4 of 5 Minutes for City Council Regular Meeting February 3, 1999 Mayor Shaw recognized Jill Hunter, 20606 Lomita Avenue, who commented on her letter to Council supporting the preservation of the Eucalyptus trees at Saratoga Elementary School. 10. ROUTINE MATTERS (Note: City Attomey will be excused at this point if no longer needed.) Attorney Riback excused himself and lef~ the meeting at 8:58 p.m. A. Approval of Minutes - January 20, 1999 STREIT/BAKER MOVED TO APPROVE THE MINUTES AS PRESENTED. PASSED 4-0-1, VICE MAYOR BOGOSIAN ABSENT. 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 February 9, 1999.) 1. Joint meeting with Saratoga Fire District: a) Update on Fire Station renovation project 2. Joint meeting with Public Safety Commission: a) IntroductionofandrernarksbySheriffLaurieSmith b) Review of Sheriff Department activities c) Status of Adult Business Ordinance d) Review of 1998 Accomplishments and Priorities for 1999 e) Recommendations for proceeding with Prides Crossing traffic study f) Presentation by Safe Rides, Inc. 3. Saratoga Union School District improvements: a) Response to Notice of Intent to issue a Negative Declaration b) Resolution expressing support for saving trees at Saratoga Elementary . School 4. Presentation by Santa Clara County Fire District Hazardous Vegetation Abatement Program staff. 5. Budget Amendment Resolution (Y2K and Office fumiture replacement) Mr. Walgren commented that agenda item 3B will be removed at this time and agenda item 5 will be postponed to a subsequent meeting except for a report from the Director of Administrative Services updating the Y2K project. B. Other - None 12. CITY MANAGER'S REPORT - None ADJOURNMENT Mayor Shaw adjourned the meeting at 9:02 p.m. to the regularly adjourned meeting of February 9, 1999. Respectfully submitted, City Clerk Page 5 of 5