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HomeMy WebLinkAbout07-21-1999 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, July 21, 1999 - 6:00 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 - 6:00 p.m. in the Administrative Conference Room ADJOURN TO CLOSED SESSION 1. CLOSED SESSION A. Conference with Legal Counsel-Anticipated Litigation Significant exposure to litigation pursuant to subdivision Co) of Government Code Section 54956.9: (Two cases) B. Conference with Legal Counsel - Existing Litigation Pursuant to Government Code Section 54956.9 - Name of Cases: City of Saratoga vs. West Valley-Mission Community College District; .City of Saratoga vs. County of Santa Clara (Arbitration) MAYOR'S REPORT ON CLOSED SESSION - Mayor Shaw declared there was no reportable actions. REGULAR MEETING - Mayor Shaw called the meeting to order at 7:01 p.m. in the Council Chambers at 13777 Fruitvale Avenue. PLEDGE OF ALLEGIANCE - Led by Councilmember Mehaffey ROLL CALL - All Councilmembers were present with the exception of Councilmember Baker. Staff present: City Manager Perlin, City Attorney Randolph, City Clerk Ramos, Director of Community Development Walgren, Acting Director of Public Works Cherbone, Administrative Intern David Russell who also acted as City Manager for this meeting for training purposes. 2. CEREMONIAL ITEMS A. Resolution of Commendation to outgoing Hakone Board Member Daryl Becker Recommendation: Adopt resolution of commendation. MEHAFFEY/STREIT MOVED TO ADOPT RESOLUTION OF COMMENDATION TO DARYL BECKER FOR HIS SERVICE TO THE HAKONE BOARD. MOTION PASSED 5-0. Mayor Shaw presented the resolution to Mr. Becker who was present. REPORT OF CITY CLERK ON POSTING OF AGENDA - City Clerk Ramos reported that pursuant to G0vemment Code 54954.2, the agenda for this meeting was properly posted on July 16, 1999. 3. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. Oral Communications on Non-Agendized Items - None B. Communications from Boards and Commissions - None Page lof 8 Minutes for City Council Regular Meeting July 21, 1999 C. Written Communications 1. Follow up on request from Marguerite Fischer for City sponsorship of a Rotary grant application to fund a bronze sculpture (Tabled from June 13, 1999 meeting). Recommendation: Direct staff accordingly. David Russell, Intern and acting City Manager, reported that it is staff's recommendation to reject the request of Ms. Fischer for the reason it would set a precedent for future similar requests. THERE WAS CONSENSUS OF THE COUNCIL TO DENY THE REQUEST OF MS. FISCHER FOR THE REASON THAT IT WOULD SET A PRECEDENT FOR FUTURE SIMILAR REQUESTS. Marguerite Fischer, commented the City should allocate funds in the budget for 'sculpture art work requests. Councilmember Streit commented to encourage other organizations in the community that would be in a better position to sponsor this request to contact Ms. Fischer. 4. CONSENT CALENDAR A. Previously Discussed Items 1. Resolution Denying an Appeal from a decision of the Planning Commission; Appellant/Applicant: Mr. & Mrs. Wang Recommendation: Adopt resolution. STREIT/JOHN MOVED TO ADOPT RESOLUTION DENYING AN APPEAL FROM MR. & MRS. WANG. MOTION PASSED 4-0-1, COUNCILMEMBER BAKER ABSENT. 2.Resolution Granting an ApPeal from a decision of the Planning Commission; Appellant/Applicant: Mr. & Mrs. Nagpal Recommendation: Adopt resolution. City Attorney Randolph reported some revisions to the resolution as follows: Page 6, Section 3.1 should read, "the development shah be located and constructed as shown in Exhibit A incorporated bY reference and Exhibits B and C as submitted by appellants on June 30, 1999: Section 3.2.a should read, "a _final landscaping and irrigation plan shah be submitted consistent with the approved Exhibit C. AH landscaping and irrigation required pursuant to Exhibit C shah be installed prior to final inspection." STREIT/MEHAFFEY MOVED TO ADOPT THE RESOLUTION GRANTING AN APPEAL FROM MR. & MRS. NAGPAL AS AMENDED. MOTION PASSED 4-0-1, COUNCILMEMBER BAKER ABSENT. B. New Items Councilmember Mehaffey requested to pull item 4B.1 for discussion. Mayor Shaw requested to pull 4B.8 for discussion. 1.Planning Commission Actions, July 14, 1999 Recommendation: Note and file. Councilmember Mehaffey expressed concem over the public testimony process at the Planning Commission meeting of July 14, 1999 regarding the Jamba Juice item. He stated for the record that he is disappointed with the way the Planning Commissionhandled the item as he would have liked the Commission to take into account the neighborhood impacts of this item and see if the City could avoid any'more high intensity usages on the same comer of the Argonaut Center. He would like the record to reflect that he would be in opposition if another restaurant comes up in that same location. Page 2 of 8 ' Minutes for City Council Regular Meeting July 21, 1999 Councilmember Streit expressed concem over the public hearing procedure of the Mills item on the Planning Commission agenda. During their deliberations, the Commission added a condition on the property which was not discussed during the public hearing and the applicant was not given the opportunity to discuss the Condition. Councilmember Streit spoke to Director of Community Development Walgren and Chair Bemald 'about this and they are currently working on a solution to prevent this from m-occurring. Vice Mayor Bogosian commented he will be reviewing the video tape of the Commission meeting and would like to reserve the option to 'bring this item back at the next joint meeting with the Planning Commission scheduled in September. 2. Approval of Check Register Recommendation: Note and file. 3. Memo authorizing publicity for August 4 Public Hearing item - Weed Abatement Program Recommendation: Direct staff accordingly. 4. Monthly Financial Report for June 1999 a) Treasurer's Report Recommendation: Accept the subject report. 5. Amending.contract with Califomia Public Employees Retirement System (PERS) to convert to 2% at 55 retirement formula Recommendation: Waive full reading of the ordinance and read by title only; introduce ordinance; adopt resolution. 6. Final Map Approval for two lots at 15081 Pepper Lane (Owner: Howell & McNeil Development, LLC) Recommendation: 1. Adopt resolution No. SD 99-002 granting final map approval of Tentative Map Application No. SD 99-002 for two lots located at 15081 Pepper Lane. 2. Authorize the Mayor to execute the Subdivision Improvement Agreement. 7. Rejection of bids for Wamer Hutton House Attic conversion. Recommendation: Reject bid received on the project. 8. Rejection of bids for Wildwood Park Restroom project Recommendation: 1. Reject all bids received on the project 2. Direct staff to retain an architect to design the project and solicit new bids. Mayor Shaw expressed concern over the length of time it is taking to complete this project. Acting Public Works Director Cherbone commented that there is currently an architect on board to redesign the project and the item will be at the next Parks and Recreation Commission meeting for their approval, after which it will go out to bid. Project completion is scheduled for the end of this year. Mayor Shaw commented he will expect it to be completed by the end of this year. MEHAFFEY/BOGOSIAN MOVED TO .M~PROVE AND ADOPT CONSENT CALENDAR ITEMS 4B1 THROUGH 4B8 AS PRESENTED. MOTION PASSED 4-0-1, COUNCILMEMBER BAKER ABSENT. C. Claims Against the City - None Mayor Shaw moved to agenda item 6A since it was too early for public hearing. Page 3 of 8 Minutes for City Council Regular Meeting July 21, 1999 6. OLD BUSINESS A. Report on maintenance conditions of LLA-1 Landscape Districts Recommendation: Receive report, City Manager Perlin presented the staff report. ~, Councilmember Streit commented he has no problem with the recommendation, however he would like to see staff monitor the maintenance agreements more closely to avoid future performance problems. In response to Councilmember.Mehaffey, Acting Director Cherbone replied a letter was sent to Diablo Landscape Management Inc. regarding their contract termination. Councilmember Mehaffey note. d he would like staff to go full speed on repairing the damaged landscape in Zone 28, Kerwin Ranch: MEHAFFEY/STREIT MOVED TO ACCEPT THE REPORT AND AUTHORIZE STAFF TO REFRAIN FROM PAYING THE JUNE MAINTENANCE INVOICE TO DIABLE LANDSCAPE MANAGEMENT INC. AND APPLY THE AMOUNT OWED TO MAKE REPAIRS IN EACH ZONE AS NOTED IN THE STAFF REPORT, AND FUND THE DIFFERENCE FROM THE LLA-1 FUND BALANCE, IF NECESSARY. MOTION PASSED 4- 01, COUNCILMEMBER BAKER ABSENT. 5. PUBLIC HEARINGS - 7:30 p.m. A. Adopt an Ordinance by the City of Saratoga amending Article 16-05 of the Saratoga Municipal Code relating to General Building provisions and adopting by reference the following Building Standards Codes comprising part of the California Building Standards Code: The 1997 Editions of the Uniform Building Code as amended, the Uniform Fire Code as amended, the Uniform Plumbing Code, the Uniform Mechanical Code as amended, the 1996 edition of the National Electrical Code and the 1997 editions of the Uniform Housing Code as amended and the abatement of Hazardous Building Code, as amended, and declaring this ordinance to be an urgency ordinance effective upon its adoption on July 21, 1999 and applicable to all permits issued on or after July 1, 1999 pursuant to City of Saratoga Municipal Code provisions affected by this ordinance; A resolution of the City Council of the City of Saratoga amending the adopted fee schedule for building permits to correspond to the 1997 Uniform Building Code. Recommendation: Adopt ordinance; adopt resolution. Acting City Manager/Intern Russell presented the staff report. Discussion ensued. In response to Council, Director Walgren explained that Uniform Building Codes are amended about every three years and each time there may or may not be a change in fees. He also noted for the record that representatives from both Fire Districts and the City's Senior Building Inspector are available for questions from the Council. Mayor Shaw opened the public hearing at 7:35 p.m. Emie Kraule, Saratoga Fire Chief, commented regarding the Uniform Fire Code. There being no more public testimony, Mayor Shaw closed the public hearing at 7:38 p.m. Vice Mayor Bogosian commented he would support the ordinance but cannot support increasing the fees without additional justification. Page 4 of 8 Minutes for City Council Regular Meeting July 21, 1999 BOGOSIAN/MEHAFFEY MOVED TO ADOPT THE ORDINANCE. MOTION PASSED 4-0-1, COUNCILMEMBER BAKER ABSENT. Councilmembers Mehaffey and Streit expressed opposition to the increase of fees, particularly the minimum fees, without sufficient justification. Mayor Shaw concurred. Director Walgren commented that the proposed fee schedule is a model fee schedule that the entire State will be adopting. City Manager Peflin commented regarding Council policy on full cost recovery. Discussion ensued. Director Walgren suggested if Council was uncomfortable with the fees for the minor projects, they could move forward and approve only the Building Permit fees on page 13 under Section 16- 05.030. STREIT/MEHAFFEY MOVED TO ADOPT THE RESOLUTION AMENDING THE BUILDING PERMIT FEES UNDER SECTION 16-05.030 PAGE 13 OF THE ADOPTED FEE SCHEDULE. MOTION PASSED 4-0-1, COUNCILMEMBER BAKER ABSENT. 6. OLD BUSINESS Item 6A was moved up before public hearing. B. Quito Road Sidewalk Project - Capital Project No. 9501 Recommendation: Direct staffto either: 1. Continue the development of the project, and submit a TDA Article 3 Application to MTC for reallocation of the project's expired $36,778 TDA grant; or 2. Abandon the project, and submit a TDA Article 3 Application to. MTC for reallocation of the project's remaining $46,425 grant in addition to the expired $36,778 TDA grant, to another City walkway project. Acting City Manager/Intern Russell presented the staff report. In response to Council, Acting Director Cherbone clarified the grant funding process for the proposed and future projects. Mayor Shaw recognized the following persons who wished to speak: Peter Hamack, 13163 Quito Road, opposed the proposed project due to noise and privacy issues. He added that the real problem on Quito Road is the speeding motorists. Laura Dimario, 13015 Quito Road, opposed the proposed project due to privacy, liability and tree concerns. In response to Councilmember Mehaffey, City Manager Perlin replied that the City maintains all city sidewalks and the residents would not be liable for any injury except in cases where there is willful negligence on the part of the property owner for causing such injury. City Attorney Randolph concurred with City Manager Perlin. City Manager Perlin commented that projects along Quito Road were deemed a priority several years ago and since then many improvements have been made along the road such as the efforts with the Sunland Park homeowners to beautify and improve the entire fxontage of their neighborhood, followed by repaying, re-striping and marking and eliminating some of the traffic obstacles along the road. Over the last five years, there has been a steady stream of projects along Quito Road. Garrett Brisbee, 13015 Quito Road, expressed opposition addressing liability concerns. Page 5 of 8 Minutes for City Council Regular Meeting July 21, 1999 Acting Director Cherbone clarified that the project will not go beyond the City's right of way. He reiterated that there were 13 property owrlers in favor and 6 in opposition, a tally combining results fi.om the meeting and the ballots receiv6d. Another vote was received lath today supporting the project totaling the favorable votes to 14. City Manager Perlin reiterated that people's perception of where their property is and where the property line actually is relative to the street, are two different locations because, somebody's yard, fence, mailbox or landscape may extend all the way out to the edge of the street, but it does not mean that their property line is out that far. The right of way line for the street is beyond the edge of the improved street by 10 or more feet. Discussion ensued regarding property lines and setbacks. Mayor Shaw expressed support of the proposed sidewalk. Vice Mayor Bogosian commented that in the absence of a safety hazard and since there is an existing sidewalk on the other side of the road and crosswalks, he could not support the proposed sidewalk project. Mayor Shaw commented Quito Road is a wide arterial street and potentially dangerous because of the high speed traffic. Vice Mayor Bogosian noted if there is a'speeding problem on Quito Road, the Sheriff should patrol the area for speeding motorists. ' MEHAFFEY/STREIT MOVED TO CONTINUE THE DEVELOPMENT OF THE PROJECT AND SUBMIT A TDA ARTICLE 3 APPLICATION TO MTC FOR REALLOCAITON OF THE PROJECT'S EXPIRED $36,778 TDA GRANT AND WAIT TO BUILD THE PROJECT UNTIL FULL FUNDING IS RECEIVED. MOTION PASSED 3-1-1, VICE MAYOR BOGOSIAN DISSENTED AND COUNCILMEMBER BAKER ABSENT. 7. NEW BUSINESS A. County Cooperative Agreements regarding Measure B Pavement Management Program funding and project implementation. Recommendation: Approve agreements and authorize Mayor and City Manager to sign as appropriate. Acting City Manager/Intern Russell presented the staffreport. Discussion ensued regarding the process of scheduling road work based on the Measure B funds. In response to Councilmember Mehaffey, City Manager Perlin replied Measure B funds will be integrated into the City's Pavement Management Program and will help accelerate the program to a degree. The total funding from Measure B will' be received in'the next two fiscal years. STREIT/BOGOSIAN MOVED TO APPROVE THE COOPERATIVE AGREEMENTS AND AUTHORIZE MAYOR AND CITY MANAGER TO SIGN AS APPROPRIATE. MOTION PASSED 4-0-1, COUNCILMEMBER BAKER ABSENT. B. Resolution regarding California High Speed Rail Alignment Recommendation: Adopt Resolution supporting Pacheco Pass Alignment for eXtension of High Speed Rail into the San Francisco Bay Area. Acting City Manager/Intern Russell presented the staff report. STREIT/MEHAFFEY MOVED TO ADOPT THE RESOLUTION. MOTION PASSED 4-0-1, COUNCILMEMBER BAKER ABSENT. 8. ORAL COMMUNICATIONS (continued) and instructions to staff regarding actions on current oral communications. Page 6 of 8 Minutes for City Council Regular Meeting July 21, 1999 Mayor Shaw recognized a request to speak fi:om Chris Hawks. Mr. Hawks was not available to respond. 9. APPROVAL OF MINUTES (Note: City Attorney will be excused at this point if no longer needed.) City Attorney Randolph was excused and left the meeting. A. Regular meeting of July 7, 1999 BOGOSIAN/MEHAFFEY MOVED TO APPROVE THE MINUTES OF JULY 7, 1999 AS PRESENTED. MOTION PASSED 4-0-1, COUNCILMEMBER BAKER ABSENT. 10. 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 adjourned regular meeting of July 27, 1999). This meeting is canceled. B. Other Councilmember Streit announced that a meeting was held on Monday, July 19 at 3:30 p.m. with Councilmember 'Baker, James Walgren and the two owners of the Argonaut Center. Highlights of the meeting included: · Some of the lights at the Blauer Road end of the Center have been vandalized and low intensity lamps have been ordered to replace them. · Angle parking facing Blauer Road - they are in the process of installing a substantial planter with 3 - 4 foot hedges in order to block the lights fi:om cars. · Other tenants going in. Negotiations are underway for an ice cream parlor. · A complete diagram of the mall will be posted in the mall for public view, marking the vacant and occupied stalls and names of tenants. · Along Saratoga/Sunnyvale Road, 16 48" box trees will be planted sometime next week. · Completion of the mall is scheduled for end of August. · The developer offered to install a soundwall across the entire back of the project, but the offer was hindered by a neighbor who drives their RV around the back. · Councilmember Baker will be meeting with the neighbors when he returns fi:om his absence to report the items discussed at the meeting. A second meeting will be scheduled to include the architect to address some architectural concerns, sometime in the next couple of weeks. Vice Mayor Bogosian requested staff to provide a summary of the meeting discussions to the Planning Commission for their information. Councilmember Mehaffey commented he would have liked to see shrouds put on the lights to keep the light angled down instead of reducing the intensity; and, while the 3-4 foot hedge will be an improvement, he would have liked to see the traffic come the other way through the side parking lot. Councilmember Streit explained why this would exacerbate the overall traffic circulation at the Center. 11. CITY MANAGER'S REPORT Acting City Manager/Intem Russell reported on the following: · Railroad ties on Stelling Road will be hauled away within the next two weeks. · Printing of the final budget will be delayed to the end of this month. · Arm0unced the end of his internship and expressed thanks to the Council and staff. Vice Mayor Bogosian commended the City's internship program and would support to continue it. Page 7 of 8 Minutes for City Council Regular Meeting July 21, 1999 ADJOURNMENT Mayor Shaw adjourned the regular meeting at 8:50 p.m. Respectfully submitted, _ City Clerk Page 8 of 8