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HomeMy WebLinkAbout09-01-1999 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, September 1, 1999 - 7:00 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 - Vice Mayor Bogosian called the regular meeting to order at 7:04 p.m. in the Council Chambers at 13777 Fruitvale Avenue. PLEDGE OF ALLEGIANCE - Led by Councilmember Mehaffey ROLL CALL - Councilmembers Baker, Streit, Mehaffey, Vice Mayor Bogosian (Councilmember Waltonsmith took her seat after being sworn in) Staff present: City Manager Perlin, City Attorney Taylor, City Clerk Ramos, Director of Community Development Walgren, Director of Administrative Services Walker, Acting Director of Public Works Cherbone. 1. CEREMONIAL ITEMS Vice Mayor Bogosian commented on the Council appointment selection process noting that the Council's goal was to select a person whose vision for Saratoga and style most closely resembling the late Mayor Shaw. He also provided some personal and historical background about Councilmember Waltonsmith. A. Administer Oath of Office to new Council member - City Clerk Ramos gave the oath of office to Councilmember Waltonsmith. The Council expressed a warm welcome to Councilmember Waltonsmith. B. Remarks by new Council member - Councilmember Waltonsmith thanked the Council for their warm support and expressed her desire to do her best for the community and to live up to the Council's vote of confidence. She invited commissioners and the public to feel flee to talk to her about their opinions and comments on issues that affect the City. Vice Mayor Bogosian commended staff for the efforts put forth in this vacancy and application process. REPORT OF CITY CLERK ON POSTING OF AGENDA - City Clerk Ramos reported that pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on August 27, 1999. 2. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. Oral Communications on Non-Agendized Items - Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the Council fi.om discussing or taking action on any such matters. However, the Council may instruct staff accordingly regarding Oral Communications under Agenda Item No. 7. - None B. Communications from Boards and Commissions - None C. Written Communications--None Page lof9 Minutes for City Council Regular Meeting September 1, 1999 3. CONSENT CALENDAR The consent calendar contains routine items of business separated into three sections. Items for each section will be acted upon in one motion unless they are removed from the Consent Calendar for discussion. Previously discussed items in Section A have already been considered by thc City Council at a prior public beaning which was eventually closed. Those items are not subject to further public discussion at this meeting because the vote taken at the previous meeting was final. Resolutions in Section A are for the purpose of memorializing the decision to assure the accuracy of the f'mdings, the prior vote, and any conditions imposed. New items in Section B do not require a presentation fi.om staff unless the Council removes them for discussion, at which time staff may provide additional information if requested. Claims against thc City identified in Section C will be presented by staffprior to thc Council's vote. A. Previously Discussed Items - None B. New Items 1. Planning Commission Actions, August 11, 1999 Recommendation: Note and file. Vice Mayor Bogosian requested to pull this item for clarification regarding lack of quorum. Director Walgren clarified that of the four commissioners present, one of the commissioners had to recuse themself from the agenda matter resulting in lack of a quorum. 2. Approval of Check Registers: 7/28/99 and 8/2699 Recommendation: Note and file. Councilmembers Baker and Mehaffey requested to pull this item for clarification. The items in question were verified by City Manager Perlin and Director of Administrative Services Walker. 3. Memo .authorizing publicity for September 15 Public Hearing items - Two Appeals from Blackwell Properties Recommendation: No additional noticing is required. Councilmember Streit requested to pull this item for clarification. Director Walgren replied that the upcoming appeals from Blackwell Properties are appeals to a condition placed upon the approval of the subject projects. Councilmember Streit commented that in the future, it would be helpful to clearly indicate the nature of the appeal. 4. Library Commission Vacancy Recommendation: Direct City Clerk to exllend the application deadline to September 15, 1999. MEHAFFEY/STREIT MOVED TO EXTEND THE LIBRARY COMMISSION APPLICATION DEADLINE TO SEPTEMBER 15, 1999. MOTION PASSED 5-0. STKEIT/BAKER MOVED TO APPROVE CONSENT CALENDAR ITEMS 3B 1, 2 & 3 AS PRESENTED. MOTION PASSED 5-0. C. Claims Against the City - None 4. PUBLIC HEARINGS - 7:30 p.m. A. Resolution of the City Council of the City of Saratoga eleCting to comply with certain animal holding periods set forth under the state law in effect on June 30, 1999, pursuant to the terms of AB 1482 (Alquist) holding periods set forth in Chapter 752 of Statutes of 1998 of the State of California and authorizing the City Manager to take any actions to effect this election and the actions contemplated under this resolution. Recommendation: Open and close public hearing:; adopt resolution Page 2of9 Minutes for City Council Regular Meeting September 1, 1999 City Attorney Taylor presented the staff report. Vice Mayor Bogosian opened the public heating at 7:32 p.m. There being no public testimonies, closed the public hearing at 7:33 p.m. BAKER/STREIT MOVED TO ADOPT THE RESOLUTION AS PRESENTED. MOTION PASSED 5-0. B. Vessing Road District initiation of condemnation proceedings Recommendation: Open and close public hearing; adopt resolution. City Manager Pedin presented the staff report and pointed out that the focus this evening is for the acquisition of three easement parcels for public street purposes in order to construct the project and the public hearing is to hear testimonies on the findings listed in the resolution. Letters have been received fi.om two of the three property owners of the parcels to be acquired, namely Lester Hinz, protesting the subject resolution; and Mr. & Mrs. Hug requesting to speak at the meeting. Discussion ensued regarding the proposed public road. In response to Councilmember Waltonsmith's request, City Manager Perlin provided background about the assessment district. Vice Mayor Bogosian opened the public hearing at 7:50 p.m. and reminded the audience that public testimonies should pertain to the findings listed in the subject resolution and recognized the following persons: Paul Hug: 18540 Ve.qsing Road, requested clarification on whether the proposed road will be straight or curved to accommodate the existing hedges on Mr. Kilbem's property. He is concerned that if the street is curved away fi.om Mr. Kilbem's hedges, he may be required to sell additional portion of his property and he would not be willing to do that for the sake of saving the hedges. Additionally, curving the street may bring about a safety issue. Other than having to sell additional property to save the hedges, he has no opposition to the resolution and submitted a signed grant of easement. In response, City Manager Perlin explained that the Kilbem hedges has been an issue and them seems to be a difference in opinion. The City is willing to do whatever the property owners would like to see done. The City is attempting to design a road to minimum public street standards and regardless of whether the road along the north side is straight or jogs around the hedges, it will not change whether or not the road meets mimmum city street standards. The project was bid in the most conservative way assuming the hedges would be removed. However, that decision is yet to be finalized. And, how much land is necessary to accommodate a straight or curved street will not come from Mr. Hug's property, whose property easement is 17 feet and that's all the City is acquiring. The remaining width will come .from the property on the north side which is the Kilbem property. In response to Councilmember Baker, City Manager Perlin replied that staff does not believe there is a safety issue whether the street is straight or curved. Discussion ensued. Mr. Hug reiterated that he would not want to sell any more of his property. Paul Pelo,qi: representing l,ester l--linz; read a written statement which he wrote noting, among other things, that the offer to purchase a portion of Mr. Hinz property is not fair market value, Mr. Hinz opposes the formation of the district and protests the adoption of the resolution of necessity to initiate eminent domain proceedings; and, that the formation of the district may be legally flawed and in violation of Prop. 218. He urged the City Council to review this matter carefully and commented he would be willing to discuss this further with the City Attorney at a different time. Austin Kilbern_ 18531 Vessing Road, commented that the hedges on his property provide a shield from the lights and noise of the vehicles. He stated that he would be willing to give up a small part Page 3of9 Minutes for City Council Regular Meeting September 1, 1999 of their property in order to save part of the hedges, although this would cause the street to be slightly curved. However, he is opposed to the eminent domain initiative because he feels it has to be made with a public benefit and since Vessing Road does not go anywhere, the' only people who will benefit fi:om this district are its residents. Doug Jnnathan; 18584 Vessing Road; requested to respond to comments made earlier: 1. He reminded Council that the points made earlier about the district formation being flawed and in violation of Prop. 218 were addressed and discussed by the City and Disthct Attorney with City Council in previous meetings. This item is not on the agenda this evening to debate or re-debate those points. He added that Mr. Hinz did file a lawsuit against his neighbors regarding the easement but the neighbors prevailed. An appeal has be, en filed by Mr. Hinz. Mr. Jonathan stated for the record that he feels the appeal is just another move to scuttle the project. He asked that the Council stay focused on the matter at hand which is to proceed forward with this project. 2. Mr. Jonathan added that the strip of land of Mr. Hinz which was stated earlier should be worth more than $1,000 has several telephone poles, lines and cable and is basically unusable. Additionally, Mr. Hinz has stated in letters and to Council that he does not intend to develop that strip of land. 3. Contrary to comments by staff earlier, he feels that if the street is curved (so as to save the hedges), it will create a safety hazard for motorists and residents who are out jogging, bicycling or playing. He added that since Mr. Kilbem's house was built not within setback standards and the asphalt curb replaced by the previous homeowner was placed illegally, that the concept of the curb and the hedges in relationship to value should not be considered. Vice Mayor Bogosian reiterated to restrict the comments to the four findings listed in the subject resolution. Dan Bane~e; (no address wa~$ ~ven), expressed thanks to staff' and Council for their efforts and support. He pointed out that there is a lack of fire hydrants in the Vessing Road area and requested that this be considered in the project. City Manager Perlin responded that for the record, installation ,of fire hydrants is included in the project. Tom Gernee; 18545 Ves.qing Road. feels that Mr. & Mrs. Hug have given enough of their property and to give more would be unfair and if Mr. & Mrs. Kilbem want to keep their hedges, then it should be a curved street. He does not feel that there would be a safety issue if the street is curved. Regarding the legal issues, we can expect Mr. Hinz to take legal actions so it may be a good idea to plan for it in the budget. He thanked staff and Council for their patience and support. Brenda Yamasaki; 18668 Vessing Churl, expressed safety concern because of the narrowness of Vessing Road and urged Council to proceed with the project. There being no further public testimonies, Vice Mayor Bogosian closed the public hearing at 8:41 p.m. Councilmember Mehaffey commented that the requests from the Hugs and the Kilbem's seem reasonable and we don't know if a compromise will be made with Mr. Hinz, however, he feels it is premature to initiate eminent domain proceedings at this time and does not support it until it is absolutely necessary. Councilmember Streit concurred that the issues addressed earlier had already been discussed and addressed in the last six months and its time to move the project forward and initiate the eminent domain proceedings. He asked if the eminent domain proceedings should exclude Mr. and Mrs. Hug since they have signed the grant of easement. He suggested iMr. Kilbem and the neighbors get together to reach a compromise to save part of the hedge and at the same time making the road as straight as possib, le. City Attorney Taylor replied that the authorization of proceedings would only apply if the property owners do not accept the offer of purchase. City Manager concurred that the City would only Page 4of9 Minutes for City Council Regular Meeting September 1, 1999 pursue, if necessary, against Mr. Hinz and Mr. Kilbem. Councilmember Baker shared Councilmember Mehaffey's concern about eminent domain proceedings until it is absolutely necessary. However he feels the neighbors are trying to move forward, majority of the residents want the road improved, and without the grant of easements this project cannot move forward. He feels that in the final analysis, the power of eminent domain will only have to be applied for one easement. Therefore, he supports initiating the proceedings at this time. Councilmember Waltonsmith commented that based on the history of this project, there is a clear majority supporting the project. It is not clear whether a final compromise will ever be made with the minority and since the project cannot proceed without initiating eminent domain proceedings, she would support the resolution. And added that she would prefer that the internal disagreements of hedges and bends on the roads be worked out among the neighbors. Vice Mayor Bogosian believes that eminent domain should be taken seriously and should only be used when all other remedies have been exhausted. However, this has been a long process, a lot of the issues addressed tonight where already addressed with due process. Additionally, based on staff comments, either a straight or curved road will not compromise safety of the street. He supported the adoption of the resolution. BAKER/WALTONSMITH MOVED TO ADOPT THE SUBJECT RESOLUTION AS PRESENTED. MOTION PASSED 4-1, COUNCILMEMBER MEHAFFEy DISSENTING. C. Huang AppeaFF-99-003 Recommendation: Continue the public heating to February, 2000 per the appellant's request. City Manager Perlin provided background of the project, noting that the fence violation at this address was heard in July 1999 by the Planning Commission, who denied the request for a fence exception. However, the Planning Commission allowed the property owner up to twelve months to correct the fence to bring it up to compliance. An appeal was filed by Ms. Huang for this denial and pursuant to the provisions of the City Code, the public heating was scheduled for this evening. Subsequently, the appellants filed a request to continue this matter to February 2, 2000 due to a medical personal illness which arose unexpectedly and which would require them to travel out of the country on numerous occasions. The applicant requested staff to notify them about Council's decision this evening since they did not expect to attend this meeting. However, staff received word today that the appellant's travel plans were changed and that they would attend the meeting tonight. In response to Councilmember Mehaffey and Councilmember Baker, Community Development Director Walgren replied that the twelve month period expires on July 14, 2000. The basis for the twelve month extension was the information the applicant expressed to the Planning Commission regarding their plans in the near future to redevelop the property with a new home. If a new home was built in an entirely different location on the property, the fencing configuration would change entirely. Vice Mayor Bogosian opened the public heating at 8:59 p.m. Richard Abdala; 10455 Torre Avenue~ Cupertinn~ spoke on behalf of the appellants. He confirmed the medical reason of the request for continuance. Furthermore, he stated that the appellants wanted to inform the Council that at the Planning Commission hearing, after the public hearing was closed, the Planning Commission raised some issues that were not discussed in the open heating and they would like to request time to investigate those issues raised. There being no more public testimonies, Vice Mayor Bogosian closed the public heating at 9:00 a.m. At this time, Councilmember Waltonsmith recused herself fi.om participating in the discussions for this item due to ~ conflict of interest. Councilmember Baker expressed concern over the 6-month continuance request and the Planning Page 5of 9 Minutes for City Council Regular Meeting September 1, 1999 Commission's twelve month grace period that Was granted to the applicants. He would not support continuing this item for six months and felt that continuing it 'Io the next regular meeting would provide adequate time for the appellants. , Councilmember Streit supported extending ii to February 2, 2000, however, he was more concerned about the comments made earlier regarding the issues raised during the deliberations of the Planning Commission after the public he.aring was closed and requested clarification from Director Walgren. Mr. Walgren replied that this case was distinctly different in the sense that the Huang's during their presentation made the comment that they are pursuing new home plans for their property. It was not until the Planning Commission began their deliberations that a commissioner pointed out that it would be a factor if the Huang's are processing new home plans because that would change the fencing configuration. At this point, the chair directed the question to the applicants in the audience to confirm this and the Huang's responded, in the affirmative. He cannot recall any new information that was brought up after the hearing was closed that was detrimental to the applicants. Councilmember Streit expressed concern over the process of staff presenting this matter to the Council with a recommendation to continue without any background materials to review. Discussion ensued. City Manager Peflin clarified that the effective date of the Planning Commission's decision is July 14, 2000 and so the appellants are appealing before that date becomes effective. If you uphold the appeal the fence could remain. If you denied the appeal, the fence could stay until July 2000. He further explained that this entire case was 'very unusual due to the special circumstances surrounding it. STREIT/MEHAFFEY MOVED TO CONTINUE THE APPEAL TO FEBRUARY 2, 2000. PER THE APPELLANT'S REQUEST. MOTION PASSED 3-1-1, COUNCILMEMBER BAKER DISSENTING, COUNCILMEMBER WALTONSMITH ABSTaiNING. D. Sprint PCS AppeaFUP-96-013.1 Recommendation: Continue the public hearing ~to the regularly scheduled meeting of September 15, 1999. City Manager Perlin provided background and noted that at the Council meeting of August 10, 1999, there was discussion and Council concurred to continue this public hearing to the next regular meeting of September 15, 1999 to accommodate the newly appointed Councilmember and allow sufficient time to review the materials. The appellants have agreed to continue this public hearing to September 15, 1999. Vice Mayor opened the public hearing at 9:11 p.m. Dave lohnston: 20616 Flrookwood l.ane: expressed opposition to moving the antenna closer to his property or even having the antenna in its current location. He added he would like to obtain additional information about this project. Vice Mayor Bogosian closed the public hearing at 9:13 p.m. STREIT/MEHAFFEY MOVED TO CONTINUE THE PUBLIC HEARING TO SEPTEMBER 15, 1999. MOTION PASSED 4-0-1, COUNCILMEMBER WALTONSMITH ABSTAINING. In response to Mr. Johnston's request, City Manager Perlin infonrned him that he can obtain all the necessary information about this project from the Community ]Development Department in City Hall. E. Wright Appeal/AS 99-001 Recommendation: Continue the public hearing to the regularly scheduled meeting of October 6, 1999, per the appellant's request. Page 6of9 Minutes for City Council Regular Meeting September 1, 1999 City Manager Peflin provided background and noted that at the Council meeting of August 10, 1999, there was discussion and Council concurred to continue this public hearing to the next regular meeting of September 15, 1999 to accommodate the newly appointed Councilmember and allow sufficient time to review the materials. The appellants were informed of the recommendation to continue to September 15, 1999 and they have requested in their letter which is attached to continue the public hearing to October 6, 1999. Vice Mayor Bogosian opened the public hearing at 9:15 p.m. Jim Grella~q: 15160 Sobey Road, expressed concern about deferring this public heating to October 6, 1999. His family is upset over this matter resulting from the disruptive phone call fi-om Mr. Wright stating that his batting cage should stay where it is and that they should give up their protests. Vice Mayor Bogosian closed the public hearing at 9:18 p.m. BAKER/MEHAFFEY MOVED TO CONTINUE THE PUBLIC HEARING TO OCTOBER 6, 1999 AS REQUESTED BY THE, APPELLANT. MOTION PASSED 4-0-1, COUNCILMEMBER WALTONSMITH ABSTAINING. Vice Mayor Bogosian commented that he understands the concern expressed to get this matter resolved sooner, however, under the circumstances with the passing of Mayor Shaw, the Council is trying to do the best that they can to accommodate all parties concerned. 5. OLD BUSINESS - None 6. NEW BUSINESS - None 7. ORAL COMMUNICATIONS (continued) and instructions to staff regarding actions on current oral communications. None 8. APPROVAL OF MINUTES (Note: City Attorney will be excused at this point if no longer needed.) A. Regular meeting of August 4, 1999 Councilmember Baker corrected the minutes under item 2B to read "Baker"; and on the final page under Adjournment to read Vice Mayor Bogosian. BAKER/STREIT MOVED TO APPROVE THE MINUTES OF AUGUST 4, 1999 AS AMENDED. MOTION PASSED 3-0-2, COUNCILMEMBERS MEHAFFEY AND WALTONSMITH ABSTAINING. A. Regular adjourned meeting of August 10, 1999 BAKER/STREIT MOVED TO APPROVE THE MINUTES OF AUGUST 10, 1999 AS PRESENTED. MOTION PASSED 4-0-1, COUNCILMEMBER WALTONSMITH ABSTAINING. 9. 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 September 7, 1999). L Joint Meeting with Planning Commission A. Memo from City Attorney regarding Measure G Page 7of9 Minutes for City Council Rc~gular Meeting September 1, 1999 B. City Attorney attendan'ce at Planning Commission meetings C. Second Story Additions D. Fencing in hillside zoning districts E. Update on Circulation Element 2. New agency assignments ~ 3. City Council Liaisons to City Commissions 4. Review of Master Meeting Calendar for remainder of 1999 5. Proposal for new Council/Planning Commiission stage set Council concurred to change the order of items under the joint meeting with Planning Commission to put the second story and the hillside items as item 1 and 2 followed by Measure G, Circulation Element and City Attorney attendance. Discussion ensued regarding City Attorney attendance at the Planning Commission meetings. There was consensus to leave all of the other items on the agenda in their same order. City Manager Perlin informed the Council that a partial audio system was set up tonight for testing purposes. Councilmember Mehaffey inquired about the agenda item for a fee waiver request to use the Community Center for a farewell party for the Saratoga Drugstore that has ceased their operations. Discussion ensued. There was consensus of the Council to agendize this matter on Se. ptember 15, 1999. B. Other 1. Council to select one of its own to chair, on an interim basis, upcoming Council meetings in the absence of the Mayor Pro Tempore Recommendation: Make an interim selection. Vice Mayor Bogosian commented that he would not be attending the Council meeting of October 6, 1999 due to other commitments out of state. There was consensus to select Councilmember Mehaffey to chair the Council meeting of October 6, 1999. 2. Ideas for permanent memorial in honor of the late Mayor Shaw (requested by Councilmember Streit) Councilmember Streit explained that the idea is to do a living memorial for Jim Shaw on the civic grounds. Discussion ensued. Some of the ideas expressed included a tree, a sculpture, a bench and a plaque. There was consensus to do a tree memorial with a plaque. Vice Mayor Bogosian recommended staff to bring back to Council potential locations for the tree. Councilmember Mehaffey suggested to ask Mrs. Shaw on the kind of tree that'would suit Jim. Council concurred. 10. CITY MANAGER'S REPORT City Manager P~rlin reminded Council of the following: 1. Cities Association's membership meeting at the Tech Museum on September 13, 1999 at 5:30 p.m. to 8:00 p.m. in the Venture Hall. There will be a tour and a reception. Reservations Page 8of9 Minutes for City Council Regular Meeting September 1, 1999 should be made by September 9, 1999. 2. Commercial filming tomorrow morning in the Parker Ranch area from 5:00 a.m. to 9:00 a.m. 3. City website launched yesterday at www.saratoga.ca, us. There are still some housekeeping items to take care of and it should have the agenda for the next meeting of September 7, 1999. ADJOURN TO CLOSED SESSION - Vice Mayor Shaw adjourned hhe regular meeting at 9:45 p.m. to closed session in the Administrative Conference Room at City Hall to discuss the following items below: CLOSED SESSION A. Conference with Legal Counsel - Existing Litigation pursuant to Government Code section 54956.9(a), City of Saratoga v. West Valley-Mission Community College District, Santa Clara County Superior Court No. CIV 756-340. B. Initiation of litigation pursuant to subdivision (c) of Section 54956.9: (One case) C. Conference with Legal Counsel - Existing Litigation pursuant to Government Code section 54956.9(a), Marcinkowski v. City of Saratoga, Santa Clara Superior Court No. CV783661 MAYOR'S REPORT ON CLOSED SESSION - Vice Mayor Bogosian declared there were no reportable actions taken. ADJOURNMENT - Vice Mayor Bogosian adjourned the closed session at 11:45 p.m. to the adjourned regular meeting of September 7, 1999 at the Adult Care Center located at 19655 Allendale Road. Respectfully submitted, City Clerk Page 9of9