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HomeMy WebLinkAbout09-07-1999 City Council Minutes ..... MINUTES SARATOGA CITY COUNCIL TIME: Tuesday, September 7, 1999 - 6:00 p.m. - PLACE: 'Closed Session-in the Administrative Conference Room at 13777 Fruitvale Avenue; Adjourned Regular Meeting, Adult Care Center, 19655 Allendale Avenue TYPE: Adjourned Regular Meeting/Joint Meeting with Planning Commission OPEN SESSION - 6:00 p.m. i_n the Administrative Conference Room at 13777 Fruitvale Ave. ADJOURN TO CLOSED SESSION CLOSED SESSION - . a. Confere~ce with Legal Counsel - Initiation of litigation pursuant to subdivision (c) of Section 54956.9: (One case) b. Conference with Legal Counsel - Existing lifigatiofi pursuant to Government Code Section 54956.9 - Name of Case: City of Saratoga v County of Santa Clara MAYOR'S REPORT ON CLOSED SESSION - Vice Mayor Bog0sian declared there were no reportable actions taken. CALL TO ORDER - Vice Mayor-Bogosian-called the rn-est~g to order at 7:07'p.m. in th~-Adult Care Center at 19655 Allendale Avenue. ROLL C-ALL - Councilmember Waltonsmith, Baker, Streit, Mehaffey, Vice Mayor Bogosian Staff pr~esent: City Manager Perlin, City Attorney Taylor, City Clerk Ramos, Director of Community Development Walgren and Administrative Analyst Reeve. 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 Septembe3-3, 1999. The Notice of Adjournment fi:om the September 1 meeting was posted on September 2, 1999. 1. ORAL COMMUNICATIONS FROM THE PUBLIC 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 - None 2. JOINT MEETING WITH PLANNING COMMISSION - All commissioners were present except for Commissioner Patrick. . a. Second story additions Vice Mayor Bogosian opened the floor for discussion. Following comments expressed by Councilmember Baker, discussion ensued on two story housing particularly in the areas of educating the public, ensuring compliance and consistencY with city st~---d-~-d~' and c6des, dealing with standards set a long time ago and how they affect present time changes and expectations, CC&Rs and setting precedence. Comm~unity Development Director Walgren commented on the application and review process and standard criteria for two story homes. He noted that several two story home applications are denied throughout the year and those that have been approved have been well received by the neighbors Page 1 of 8 Minutes for City Council September 7, 1999 Adjourned Regular Meeting/ Joint meeting with Planning Commission and~ey have appropriate development standards.__ Councilmember Mehaffey felt that p--roperties zoned Ri-i 0,000 should be the breaking point. Two- story_homes in the R1-12,500 zoning districts should only be considered in areas that are already surrounded by two story homos. Even if the neighbors do not object, con~id~ition needs to be made for the future. Councilmember Streit supported C0uncilmember Waltonsmith's idea to develop n~ighborhood guidelines to help educate the public .... Mr. Walgren stated the city has a-residential design handout w~[ch is available for the public in'the planning counter. Vice Mayor Bogosian concurred with Councilmembers Baker and Streit and added that a neighborhood guideline should be an all-inclusive development process with the neighbors. Councilmember Baker felt the notification process should encompass the~EIl-neighborhood and secondly, the Planning Commission and the community should know where the Council stands on the two-story issue. Discussion ensued. Councilmember Mehaffey supported the idea of breaking it down by neighborhoods and neighborhood associations may be a good mechanism to use. In response-to Vice Mayor Bogosian, Mr. Wa!gren replied the city attempted to conduct a neighborhood by neighborhood survey with Council, staff and community involvement and it was too big of a project and was not effective. However, selectively choosing neighborhoods on a trial basis and allowing those neighborhood associations to work with. staff may be more productive. Commissioner Jackman supported the idea of selecting a neighborhood on a trial basis and working with them to come up with a neighborhood guideline, however, it may not be sensible to choose neighborhoods that have two story houses. Vice Mayor Bogosian directed staff to put this on the Planning Commission agenda for discussion to include the development of a neighborhood guideline in'their long range work plan. There was no opposition from Council. b. Fencing in hillside zoning districts - Director Walgrcn summarized the City's fencing ordinance, particularly for the hillside districts and the exception process. -~ Vice Mayor Bogosian recognized-the following persons who wished to speak: Bob Wallace: C. alaba~qa~q Creek~ noted that fences along creeks are so high that they trap-the de~f ih the creek. He felt this should be resolved. Carlina Ott: Vintage T.ane; commented on the difficulty of obtai~dng a variance from the city to put ... up fenc~g for grapevines. She suggested the City come up with clear guidelines for this purpose. Dave I,nnmis (.spoke on heh~ilf of hi~q spouse Betty and a neighbor Dou~ 'Fauher'}. (did not ~ve addrms), commented regarding the serious deer problem in the city and urged the ~i~y Council to look into this issue. Reverly Farther; Michaels Drive reiterated concerns expressed earlier about the deer problem and urged the Council to look into it. ~ Jim Rosh: Saratoga Hills Drive~ concurred about the deer problern. Vice Mayor asked for Council comments. -_ Councilmember Waltonsmith suggested separating the deer"issue fi.om fencing. The solution_is not Page 2 of 8 Minutes for Cily Council September 7, 1999 Adjourned Regular Meeting/ Joint meeting with Planning Commission - · for everybody to get variances, or to secretly buff-d-t~-~er or double fences, because ultimately these fences may create a fire hazard. And besides there may be other reasons why the property owners want to put.up a fence other than to protect their property fi.om deer. Councilmember Mehaffey noted the deer issue has been around since his campaign. He disagrees that the deer issue should 'be a separate issue because he believes that the fences are a result of the _d~er problem. Mr. Walgren commented that the proposals submitted for fence exceptions_have been a broad mix of vineyards and deer related and illustrated an example of an exception proposal. He suggested" that if there is a concem with the exception requests perceived to be variances to the Code, or for .... orchards or vineyards, for Council to consider a straight fencing allowance which would designate a certain percentage of the property area-for fencing.purposes. Councilmember Baker commented that perhaps consideration should be made to change the fencing ordinance to suit the majo-fi-ty of the people. If any ordinance is becoming a burden on the citizens and the City is constantly having to treat an exception or a variance, then it may be time to change it. -- ' _ Vice ~Mayor Bogosian suggested that before we consider changing the ordinance, it would be worthwhile to review__sgme of the historical background before the hillside development began such as the General Plan, special plans for the western hillsides, agreements on the Measure A settlements for the hillside subdivisions, in order to see how these documents address fencing. Commissioner Kurasch expressed support of majority Of the comments made and expressed the importance of having substantial information.available to a potential buyer about a property and its restrict-ions such as CC & Rs. She concurred with the idea of exploring the history of hillside fencing because the current 4,000 provision gives her a message that the intent of the ordinance is to require minimal fencing in these-areas. She is opposed to changing the 4,000 provision without valid justification. ~-- C3r/ncilmember Mehaffey concurred with Councilmember Baker's comments to reexamine the provisions of the ordinance with the purpose of fixing it rather than placing the burden more on the Planning Commission. Vice Mayor Bogosian asked staff to explore the historical background as previously stated and prepare a report outlining proposed changes to the ordinance. Director Walgren suggested staff draining a revised ordinance that will provide for aesthetic relief and wildlife trails and other-criteria used, for Planning Commission review and ultimately Council consideration. Councilmember Streit concurred with Councilmember Waltonsmith to deal with the deer issue ..... separately and suggested the City invite the County wildlife office for an educational presentation about deer. He suggested the proposed ordinance, not have the same provisions for all of the neighborhoods in the hillsides since the City may have various specific hillside neighborhoods and each one nee_ds to be treated separately. Director Walgren commented staff wouldhave to separate the deer issue fi.om this ordinance study. Vice Mayor Bogosian deferred additional comments to Paula Reeve, Administrative Analyst, who brought with her a fencing material~sample from the Dept. ofFish and Game. Ms. Reeve reported there was a small town hall meeting which was attended by Vice Mayor Bogosian, to address wildlife problems in the area. She had reviewed the fencing-ordinance and referred to a provision in the.ordinance about fencing the wildlife trails so it would not impede the movement of wildlife. But that seems to be one of the problems because the wildlife are going through the backyards of the properties. The reason for the increased population is partly fi.om the amount of rainfall in the area. The increasing deer population is a problem and some ideas were discussed and shared at the meeting on how to deal with this problem. She referred to Mr. Saldana, who was in the audience for additional comments. Mr. Saldana concurred it is a big problem and its not going to go away. He does not particularly Page3of 8 _. Minutes for City Council ............ Septem~ber 7,1999 Adjourned Reguta: Joint meeting with Planning Commission '-' _ .... like fencing except w~cn it is necessary to protect one's property. Councilmember Mehaffey proposed-to separate the two items and arrange for a presentation to be given at a subsequent Council meeting regarding deer. .... Vice Mayor-Bogosian confirmed with Director Walgren if Cotmcil's direction on the fencing issue W~s-cleair. Director Walgren responded yes. c. Memo from CityAttorney 'regarding Measure G City Attomey Taylor presented the staffreport.~~-- In response to Councilmember Waltonsmith, Councilmember Ivlehaffey replied that the purpose of this review is to ensure everyone's understanding of Measure G. Commissioner's Page and Roupe commented they have not seen an application submitted to Planning (~-°mmission pertinent to MeaSure G ..... d. Update on Circulation Element Director Walgrcn reported that thc contract waS awarded to Fehr & Peers who is teaming up with another-firm who specializes in community participation, forum and management. The first of three meetings haS been scheduled on Thursday, Sept. 23, 1999 at 7::00 p.m. in the Community Center ._.multi purpose room. The data collecti6-h--~rocess haS begun. Following the three meetings, an administrative draft will be prepared and a public draft will be circulated next yc~. The draft will go through a minimum of three public hearings, one with the Public Safety Commission, Planning Commission and the City Coun6il. By early spring, a final docmx~ent shouldbe ready for adoption. e. City Attorney attendance at Planning Commission meetings Director Walgren reported that in the paSt 'thc city attorney did. not regularly attend the meetings : due to budgetary constraints. He added that Assistant City Attorney Jonathan Wittwer has attended one of the foul'-meetings requested of him by the Council. Discussion ensued. ~ ' - Councilmember Baker commented about noticing inconsistencies ah-d referred to a letter from a citizen addressing noticing concerns. He would support over noticing rather than under noticing. There waS a consensus of the Council 'to haVe---'the Assistant City Attorney' attend the three remaining meetings that he waS originally requested to attencl and subsequently request for a written evaluation from staff and the Commission. City Manager Perlin suggested that when Commissioners need to discuss matters with the City Attorney to keep Director Walgren in that loop. At this time, Vi6~-Mayor Bogosian recognized Jeff ~qehwartz, who requested to speak. Jeff ,qch~wartT.; thanked the Council for taking this out of order and commented on the following: He expressed support of the idea about the neighborhood-by neighborhood settings and expectations for two story development; regarding noticing, ihe feels that the Council should consider a policy to give leeway to staff'for discretion to notice beyond what is required by law, particularly for items that are controversial and significant; and lastly, he would like the Council to reconsider the Design Review process particularly in the areas that-are really the business of homeowners like the color of the structure, or type of windows. Vice Mayor Bogosian called a recess at 9:00 p.m. and reconvened at 9:08 p.m. He invited the Planning Commission to stay and listen to the presentation for a new stage set, agenda item 6. 6. PROPOSAL FOR NEW COUNCIL/PLANNING COMMISSION STAGE SET Recommendation: Direct staff aS appropriate. The agenda was taken out of order t° provide a!l_.~arlier time to hear this presentation. ' -- Page 4 of 8 ~ Minutes for City Council September 7, 1999 Adjourned Regular Meeting/ Joint meeting with Planning Commission - City, Manager Perlin presented th~'~ff report and deferred additional comments to Craig DeManty who reported on his revised proposal which included the audio system. He introduced his audio technician, who expounded on the current sound system set up. Mr. DeManty passed out samples of color and type materials for the dais for Council selection. --- Discussion ensued regarding safety issues on the overhead speakers. Mr. DeManty commented that the overhead speakers could be addressed separately. City Manager Perlin noted-he was'not aware about.t_he safety issues of the overhead speakers and feels it needs to be addressed immediately regardless'- of the decision made for the. fumiture and audio system.- He suggested fimding for this work could be provided through the theater ticket surcharge: C6uncilmember Baker commented that the audio system should enabl~ the Council to hear persons speaking at the podium, it should enable the audience-to hear the people speaking on stage and lastly, should enable the audience who are viewing the meeting fi:om their television to hear the speakers at the podiurh- andon stage. Randy (technician) replied that the proposed system will regulate audio performance inside the building; beyond that would have to be coordinated with the television crew who control the broadcast. These are two completely separate systems and one does not have a whole lot to do with the other. _ - Discussion ensued regarding microphones. Councilmember Baker commented the City needs a new sound system far more than we need new fumiture, but if we have to have the dais, we need to have the sound system. -'- Councilmember Streit expressed support of the fumiture and3-udio proposal for a total of $24,370. In response to Council, Tom Moran, KSAR Board, commented that an effective audio system would enhance the broadcasting. Discussion ensued regarding a mike split. BAKER/STREIT MOVED TO INCREASE THE BUDGET TO $25,000 TO COVER COSTS FOR UPGRADING THE DAIS, CHAIRS, SOUND SYSTEM TO ENSURE- WE HAVE A QUALITY SYSTEM WHICH WILL MAKE COUNCIL MEETINGS ACCESSIBLE TO ALL THE PUBLIC. _ Councilmember Mehaffey recommended to include the cost for a mike split and increase the total amount to $26,000. ........ Vice Mayor Bogosian commented since the mike split is i:elated to the broadcasting part,_ maybe KSAR could appropriate about $1500 fi:om their budget. City Manager Perlin commented it could be discussed at the KSAR Board meeting. BAKER/STREIT MOVED TO AMEND HIS MOTION TO INCREASE THE BUDGET TO $26,000 TO INCLUDE BROADCAST UPGRADES AND TO ASK KSAR TO OFFSET THE COST FOR THE BROADCAST.LIP_GRADES. MOTION PASSED 5-0. Councilmember Mehaffey requested to direct staff to obtaining a bid for seismic installation of the overhead speakers. Council concurred. Mr. DeManty distributed the material and color samples to Council ........ Discussion ensued. STREIT/BAKER MOVED TO DESIGNATE COUNCILMEMBER WALTONSMITH AND DIRECTOR WALGREN TO FINALIZE THE SELECTION OF THE MATERIAL AND COLOR Page 5 of 8 Minutes for City Council September 7, 1999 Adjourned Regular Meeting/ . Joint meeting with Planning Commission ~, -FOR THE DAIS AND CHAIRS. The Planning Commissioners left the meeting at this time. Vice Mayor Bogosian suggested to go to item 4 first before item 3. -- 4. _._CITY COUNCIL LIAISONS TO CITY COMMISSIONS City Manager Perlin presented some background, noting that rids item relates to item 3 because it ' involves the Council's time and participation for these meetings. He referred to a matrix in the agenda packet illustrating the dates and times of all these meetings.~ Vice Mayor Bogosian asked the pleasure of the Council ........ Councilmember Baker suggested the Council needs to fill the vacancy assignments before other - commitments are made. He does not-t~el there is a need to have a Council liaison for each Commission. Council.decided to fill the vacancy assignments first. 3. NEW AGENCY ASSIGNMENTS Recommendation: Adopt Resolution to amend Resolution 98-42 appointing Council _. representatives to committees and agencies. ~ .... In response to Councilmember Mehaffey, Vice Mayor Bogosian replied this matter will be revisited again in December and suggested the Council focus on filling only the vacant assignments at this time. There was consensus of the Council {o filllhe following assigrunents: · Hakone Board - Councilmember Mehaffey/Councilmember Waltonsmith · Chamber of Commeme - Vice Mayor Bogosian/ Councilmember Waltonsmith as Alternate · Sister Cities - Vice Mayor Bogosian/no need for an Alternate ._ · VTA PAC - Councilmember Waltonsmith'%-A]~rnate · Santa Clara County Cities AssociatiOn - Vice Mayor Bogosian as Alternate BAKER/MEHAFFEY MOVED TO ADOPT THE RESOLUTION AMENDING RESOLUTION 98-42 APPOINTING COUNCIL REPRESENTATIVES TO COMMITTEES AND AGENCIES AS INDICATED ABOVE. MOTION PASSED 5-0. Councilmember Streit requested staffto notify VTA PAC of this change. 4; ..... CITY COUNCIL LIAISONS TO CITY COMMISSIONS City Manager provided comments earlier on the agenda regarding; this item. Discussion ensued regarding'liaison roles and th_eir level of contact and participa{ion. Councilmember Baker clarified what he feels should be the role of the Council liaison which is to provide a conduit for regular communication and interaction fi.cnn the Chair and members of the Commission that can be brought up unde_~_rr ~'Other" on the Council agenda for reporting purposes. There was consensus to select a liaison for all of the Commissions as follows: · Councilmember Waltonsmith - Youth and Heritage Preservation Commissions Councilmember Baker - Planning Commission Councilmember Streit. - Parks and Recreation Commission Councilmember Mehaffey - Finance Commission Vice Mayor Bogosian - Library and Public Safety Commissions Page 6 of 8 Minutes for City C6uncil September 7, 1999 -- Adjourned Regular Meeting/- Joint meeting with Planning Commission " 5. REVIEW OF MASTER MEETING CALENDAR FOR REMAINDER OF_ 1999 ~ity Manager Perlin presented background, noting there is one more adjourned regular meeting scheduled on October 26 and the joint meeting with the Finance Commission was defen'ed to be concurrent with the closing of the books and' before the onset of the annual audit. Discussion ensued. There was consensus to move the joint_ meetings with Finance and-Pai'ks and Recreation Commissions to the adjoumed regular meeting of October 26, 1999, remove the all-Chair meeting, remove the quarterly budget program and project review, (the budget part will be consolid~ed with the joint m¢cting with Finance) and leave the October 12 adjourned regular meeting open at this time. Vice Mayor Bogosian commented this schedule will be looked at again in December. 7. SELF-EVALUATION OF PREVIOUS MEETINGS: Aug. 10 and Sept. 1, 1999 Councilmember Baker expressed concern about the meeting of-September 1 regarding the continued public hearings for appeals. He-felt staff made the decision to continue these public hearings without providing Council with back up materials to review and determine whether or not ..... the appeals should be continued. He was particularly concerned about the Huang appeal. He felt that if the item is on the agenda even though it is being recommended to cOntinue and Council does not receive any materials pertaining to that item, then staff has made a decision and voted for the City Manager Perlin explained that the decision to continue all the appeals was per Council ........ direction at the previous adjourned meeting of August l0th. Regarding the Huang appeal, the appellants had informed staff they were not going to be available at the meeting of Sept. 1. The day before the meeting staff received a call' fi:om ~Mrs. Huang that their plans had changed and that they would be in attendance at that meeting. vi~e Mayor Bogoslan ~ommented these were unusual and difficult circumstances and the points have been clearly stated so that staff has clear direction with regards to appeal continuances for a long period of time. -' City Managei' Perlin confirmed Council's direction that if an appeal is being continued for longer than one meeting, staffwill provide Council with all of the back up materials. Council concurred. Councilmember Mehaffey expressed that holding the closed session after the regular meeting did not prove effective for him and would request avoiding it for--future closed sessions. Council concurred. 8. AGENCY ASSIGNMENT REPORTS Association of Bay Area Governments Mehaffey - Chamber of Commerce Board ' Bogosian Waltonsmith-- County HCD Policy Committee Emergency Planning Council Baker Mehaffey ~_ Hakone Foundation Liaison Mehaffey Waltonsmith KSAR Community Access TV Board Mehaffey Baker Library Joint Powers Authority Board Bogosian Streit North Cent. Flood Cont. Zone Adv. Committee Bogosian Mehaffey Penin. Div., League of Cal. cities Bogosian Santa Clara Valley Water Commission Baker Bogosian __ Santa Clara County Cities Assn./ City Selection Committee Baker Bogosian County Cities Assn. Leg. Task Force Bogosian Baker SASCC Liaison Streit Mehaffey Saratoga Business Development Council Mehaffey Streit Sister City Liaison Bogosian West Valley Solid Waste J-PA Streit Bogosian ...... Page 7 of 8 Minutes for City Council September 7, 1999 Adjourned Regular Meeting/ ._ Joint meeting with Planning Commission Valley Transportation Authority PAC Streit Waltonsmith "W~:Valley Sanitation District--''- ?' ' Baker Streit Councilmember Mehaffey reported on the following: County HCD meeting reghrding discussions on financial aid qualifications for 80% (about. $60,000) of the median income in the area; KSAR discussions on ~/¥otary grant for.camcorders, budget shorted because of the depreciation line items; Pete Wohlmut's recognition plaque and new equipment for the theater. Councilmember Streit reported on the.following: SASCC meeting regarding discussions on grant financing, agreement with the City, in house a-fid[t; meeting with Karen Tucker and the noise abatement committee and their proactive stance on the Highway 85 noise abatement so it does not fall through the cracks; Mt. Winery neighborhood group open meeting regarding discussions on the upcoming public.meetings at 7:00 p.m. on September 15 fox' residents north of PierceRoad and October 5 for residents south of Pierce Road and the introduction of Nancy Pisani, the new CEO and president of the Mt. Winery group. Councilmember Baker reported on the following: Emergency Planning Council SWAT team demonstration on September 16 and 17 at the County firing range; Santa Clara Water Commission Cal Fed report is out for poblic_comments; Santa Clara County Cities Association will meet this week and the no. 1 item on the agenda is the resignation of Marry Clevenger and recruiting a replacement; West Valley Sanitation District has delivered their list of properties on septic tank within their district in Saratoga and Cupertino Sanitary District's list has been mailed out to the City. ' Vice M~ayor Bogosian commented that the Water District's Flood Control annual tour of facilities is tomorrow and he will report on that at a subsequent meeting.. He announced there is a Public meeting on Sept. 14 in San Jose from the California Dept. of' Water Resources regarding water basins around the state. City Manager Perlin reminded the Council he will be out of the office on Friday, Sept. 9 to attend a seminar. -- 9. OTHER Councilmember Baker commented on the following: He requested agendizing discussion of a City newsletter for all the residents and suggested the City s~i-iC{t help from journalism students at West Valley College; he asked about the status of the letter to the.City from the MacDonalds on paving of Springer Road; and, he asked for status on the City's response to the SB402(Burton) and AB83(Cardenas) legislation. There was consensus of the Council to agendize the newsletter at a subsequent regular Council meeting. Vic~ May-~ Bogosian replied that the MacDonalds l~tter was forwarded to James Walgren who has referred it to John Cherbone for a response. Mr. Bogosian added he would like to see a copy of that resp_0gse letter. '~ ~ ~ ..... City Manager Perlin SB402 will be heard tomorrow in the Assembly floor and Cunneen has already indicated--he would support this bill. His understanding is that AB83 was put into a two year bill. ADJOURNMENT - Vice Mayor Bogosian adjourned the meeting at 10:56 p.m. Respectfully submitted, -~'~ ~ City Clerk '.'7 Page 8 of 8