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HomeMy WebLinkAbout09-15-1999 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday,~eptember 15, 1999-- 5:30 p.m. PLACE: Closed Session - Administrative Conference Room~:l-3777 Fruitvale Avenue; Regulai; Meeting - Council Chambers/Civic Theatre, 13777 Fruitvale Avenue TYPE: Regular Meeting OPEN SESSION - 5:30 p.m.p.m, in the Administrative Conference Room ADJOURN TO cLOSED SESSION CLOSED SESSION A. Conference with Labor Negotiator pursuant to Government Code Section 54957.6 Agency Negotiator: Larry I. Perlin; Employee organization: Saratoga Management Association (SMO) B.Conference with Legal Counsel -Anticipated litigation Significant exposure to litigation pursuant to subdivision (~ of Government Code Section 54956.9 (one case) C. 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. ...D. Conference with Legal Counsel - Initiation of litigation pursuant to subdivision (c) of Section 54956.9: (One case) E.. 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 - Council directed the City Attorney to pursue, along with the Town of Los Gatos,"a temporary restrainingorder to keep AT&T from r~0ving the public access channel KS/UR from their spot on Channel 6 which it occupies as a term of the City's CATV franchise agreement with AT & T. New information will be reported as it becomes available. · CALL TO ORDER - Vice Mayor Bogosian called the meeting to order at 7:06 p.m. in the Council Chambers at 13777 Fruitvale Avenue. PLEDGE OF ALLEGIANCE - Led by Councilmember Waltonsmith ROLL CALL - All Cou~__.Cilmembers were present. Staff present: City Manager Perlin, City Attorney Taylor, City. Clerk' R .amos, Director of Community Development Walgren, Director of Administrative Services Walker. 1. CEREMONIAL ITEMS --- A. Proclamation honoring Daniel Pressman's 18 years as Rabbi and Congregation Beth David's 36* year anniversary B. Proclamation to proclaim the week of September 20 to 24, 1999 as "Lawsuit Abuse Awareness Week" C. Proclamation proclaiming the week of October 10 to 16, 1999 as "Saratoga Library Days" ~ Vice Mayor B0gosian read the proclamations and presented the Library Days proclamation to Marcia Manzo, Library Commission chair and directed the City Clerk to mail the other two to their Page lof8 Minutes for City Council'Regular Meeting September 15, 199~ appropriate recipients. City Manager Perlin introduced two new employees: Chris Kom and Cary Bioon~quist, Admiiiistrative Analysts in the City Manager's office. 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 ........ September 10, 1999. 2. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC--- - A. Oral Communications on Non-Agendized Items - None -- '~' B. .Communications from Boards and Commissions - None C;- Written Communications 1. Letter from Toshio Kiso, Daiichi Air Service Inc. regarding a Jgpanese Councilor's delegation visit to Saratoga on October 4, 1999 Recommendation: Direct staffas appropriate City Manager Perlin presented th~-'Staff report and noted that this is a-different group from the Muko, Japan Sister City group. - .... Councilmembers Mehaffey and Streit will be available. Councilmember Waltonsmith will be a4hilable in the moming only. "' 2. Letter from Cub Scouts regarding a tour and an informational session about city government on November 18, 1999. ............... ... Recommendation: Direct staffas appropriate.. -- City Manager.Perlin presented the staff report. Vice Mayor Bogosian said he would be available-t6 meet with the cub scouts. 3. CONSENT CALENDAR · A. Previously Discussed Items - None B. New Items 1. Planning Commission Actions, September 8, 1999 Recommendation: Note and file. 2. Approval of Check Register Recommendation: Note and file. 3. P?liminary Financial Reports for FY 98-99 R ecommendntion: 1. Accept the year-end preliminary financial reports for FY 98-99; 2. Approve resolution authorizing budgell adjustments to FY 98-99; and 3. Approve resolution to carry over specified purchase orders form FY 98- 99 int° FY 99-00, establishing the pm:chase order in the new fiscal year. __ and carrying forward related appropriations.~ 4. Memo authorizing publicity for October 6 Public Hearing items - Wright appeal __ (This was continued from September 1, !999) Recommendation: No additional noticing is required. 5. Upcoming Park & Recreation and Finance Commission Vacancies Recommendation: For information and approval - Councilmember Mehaffey requested to pull item 3B5 for discussion. He expressed concern over the tight schedule and recommended allowing additional lead time for CommissiOn recruitment in the future. Discussion ensued regarding extending Some of the dates. Page 2of8 Minutes for City Council Regular M~eeting September 15, 1999 City Clerk Ramos commented, that if the schedule is moved forward by one week, particularly the appointment arid swearing in on October 26th, it would hinder the seating of the newly appointed Commissioners at the Parks and Recreation and Finance Commission meetings which are regularly scheduled on the first and second Monday of next month, particularly since the four open seats on each Commission constitute a quorum. -. Councilmember Mehaffey suggested extending the application deadline one week and keep the -- -. interviews on October 20~. ~ -"' Councilmember Baker sugges_ted if we have a timeline that does not fit and' terms expire,-Why not '" consider extending the present terms for some firfite period of time to make the process work. City Attomey Taylor commented terms are set by the City Code and he Would have to refer to the Code to determine if there would be problemwj.'th term extensions. STREIT/MEHAFFEY MOVED TO APPROVE THE RECRUITMENT SCHEDULE AS AMENDED TO EXTEND THE APPLICATION DEADLINE TO OCTOBER 8m AND .... CONDUCT INTERVIEWS FOR BOTH COMMISSIONS ON OCTOBER 20w. MOTION PASSED 5-0. - - 6. Designation of Voting Delegate for League Annual Conference _ Recommendation: City Council to designatee- one of its own as a voting representative and an alternate who will be present at the Annual Business meeting on October 12, 1999. Vice. Mayor Bogosian requested to pull item 3B6 for discussion and informed the Council that he would be attending and asked for the Council's concurrence to designate him as the League's voting representative at the meeting of October 12, 1999. _ BAKER/MEHAFFEY MOVED TO APPROVE CONSENT CALENDAR ITEMS 3B 1 ~~. 4 AS PRESENTED. MOT~IQN PASSED5-0.- C. Claims Against the City - None 4. PUBLIC HEARINGS - 7:30 p.m. .- A. (Continued public hearing) Appeal of Planning Commission denial of UP 96- 013.1, a request for a Use Permit approval-to relocate a single eight foot pole with six antenna panels on the rooftop of the building to the far corners of the rooftop keeping the same height as the existing antennas. Equ_ipment cabinets will remain in an existing garage on the first floor of the bUilding. The parcel is 3,881 square feet and is located in a commercial historic zoning district at 14429 Big Basin Way (Applicant/appellant: Sprint PCS) Recommendation: Deny the request and uphold the Planning Commission's decision. At this time, Councilmember Waltonsmith recused herself fi.om the appeal public hearings at the recommendation of the City Attorney since she was a member of-the Planning Commission when the items were considered by them. --. ~D~ector Walgren presented a staff report and noted that Commissioner Page is available for any questions by the Council. Vice Mayor Bogosian opened the public hearing at 7:36 p.m. · Ann Welsh/Whalen & Company/Sprint, provided background of the project and summarized their basis of the appeal. She also introduced Bob Anderson, Sprint Engineer, for radio frequency questions. Higtfi. ights of her report included: · Surrounding property owners were noticed and there was no opposition received · _ Application is consistent with the current zoning · The chimney proposal reflected the historic character and aesthetics of the community .... Page 3of8 Minutes for City Council Regular Meeting i September 15, 1999 · Repb/t~"are on__ file indicating that the applications met FCC radio fi'equency standards -- '· Sprint is required, under their FCC license, to provide substantial coverage and service to this area. If.they can't achieve' if-on this site, 'they will have tO get approval on another site within close--proximity. .... Bob Afiderson re-spbnded to Council questions', regarding location (rooftop orpote), size, distance ..... fi:om trees and foliage, and alt6rnate sites._ - --' Vice Mayor Bogosian recognized Otto C. rawford: 12471 Green Meadow l.ane, wh6 expressed support of the chimney proposal. ' ~ In response to Councilmemberq3aker, Commissioner Page replied a vote was taken for-the antennas to be placed on three comers of the building and that vote failed primarily for the reasons of the view and the historic look of the village. A straw poll was taken for the chimney proposal which ended up in a '3-3 tie which if voted on would have failed too. There was no discussion on how the problem could be resolved other than a consensus was reached to look at other-~ites. There being no other public testimo~es, Vice Mayor Bogosian asked the apPellant back for a closing statement. Ms. Welsh noted that the lack of public opposition and Sprint's concern for the aesthetics speaks well of Sprint and the project and Mr. Crawford would not want the antennas removed fi:om his property. She believes_ that this is an acceptable design that would not n~g~-fvely impact the quality of the village. - Vice Mayor Bogosian closed the public heating at 7:59 p.m. and asked the pleasure of the Council. Councilmember Baker commented the Council needs to find a solution that reflects the least obtrusive and will not interfere with the historical setting of the village. Looking for an altemate - - site will not resolve the issue. The least obtrusive approach to resolve the issue and allow the service, which is in demand, is to go with the chimney approach. Councilmember Mehaffey commented if its going to be on the building he would prefer the chimney approach, however, he would like to consider pushing it more towards the center of the building. He disagrees about clustering them all on the same building because of problems-' of interference and would pre_fer to see it go to another site. Councilmember Streit believes there are other appropriate places in the city for antenna sites, other than the village. He is opposed to the existing antenna sites now in the Village and noted that if these antennas are under conditional use permits, to pull those up and see if the C_ity-can get some of these antennas off the roofs and into other locations that are not intrusive to the people on Big Basin. He is not in favor of either alternatives because he has not ]heard whether Sprint can come up with an alternative site in the back of the property on a pole that would notbe affected by the trees. Vice May0i Bogosian echoed the-comments made by Councilmember Baker that this technology is .... here and-we have to deal with it. He would support the chimney approach and have the antennas' remain on the subject property. - __ - ..... Councilmember Mehaffey concurs that the technOlogy is here to stay, however he is opposed to the vertical height-and is concemed about the view shed of the village. He does not feel this is the direction to take for this item or future items of this nature. MEHAFFEY/STREIT MOVED TO DENY THE APPEAL AND UPHOLD THE PLANNING COMMISSION'S DECISION AND DIRECT SPRINT TO FIND AN ALTERNATIVE THAT DOES NOT CHANGE THE SKYLINE OF THE VILLAGE. Councilmember Baker commented that given the even number .of voting Council members who have expressed their positions on this item, it would not matter which way it goes because either way it would be defeated, and it won't move forward unless Council directs it to move forward in some manner. A provision has been made'in the motion that is on. the floor to direct Sprint to come back and find another site. This request would have to come back to Planning Commission for Page 4of8 - Minutes for City Council Regular Meeting September 15, 1999 review under a separate application. With that in mind, he does not see any alternative but to _ support the motion on the floor in order to make progress:-. Vice Mayor Bogosian called for the vote. MOTION PASSED 3-1-1, VICE MAYOR BOGOSIAN DISSENTING AND COUNCILMEMBER WALTONSMITH ABSTAINING. B. Appeal of Planning Commission's conditional approval not to grant the floor area reduction exception for DR 99-029, a request for Design Review approval for a 4,216' square ft. two story residence with a 996 sq. ft. basement on proPerty located in an R-1- 12,500 Zoning district at 13997 Alta Vista Avenue. (Applicant/appellant: Blackwell ..... Properties) Recommendation: Deny the appeal?n~d__uphold the Planning Commission's .._ 'decision. This item was presented together with item C below. C. Appeal of Plan~ning Commission's conditional approval not to-grant the floor area reduction exception for DR 99-030, a request for Design Review approval for a 3,815 square ft. two story residence with a 989 sq. ft. basement on property located in an R-1-12,500 zoning district at 13995 Alta Vista Avenue. (AppliCant/appellant: Blackwell Properties) Recommendation: Deny the appeal and uphold the Planning Commission's . ~-____.~ decision. Director Walgren presented the staff report for items B and C and responded to questions by the Council and confirmed that certain tree protection measures were made part of the conditions of approval for this map. Vice Mayor Bogosian opened the public hearing at 8:23 p.m. Bill -Heiss; civil project engineer; speaking on behalf of the applicant, provided background and a summary of this project noting that the architect and applic .a!a_ t are present. Highlights included: · Staff concerns about tree preservation'on site and staff's request that the applicants proceed with a vesting tentative mal~to'address these concerns and ensure that the houses will be placed where they are supposed to be placed. · 'Applicant worked closely with staff, the City arborist and the neighbors - · Original conclusion was two-story homes would be a preferable design on this site · Approved tentative map became a vesting tentative map which stipulated the house locations, floor plan, elevations and the size · No issues raised during the hearings relative to size or height of homes; concerns were regarding traffic and street design · Based on the latter concems, maps were revised to mitigate these issues and satisfy the city and neighbors ......... · Design Review applications for Lots.!~and 2 have been submitted with r~eqgest for exceptions to the height penalty based upon the ordinance that was in effect at the time _ : the map was approved ' · ThiS ordinance provided for exceptions based on predominance of two story homes in the neighborhood and meetin~the design review findings. · This applications meet those findings and referred to a site map which illustrated the existing two story homes in the neighborhood.. He also referred to a copy of the tentative map ·Lot 1 home will be SeVerely impacted by the proposed square footage reduction; it will require a major redesign of the home · Applicants are asking the Council to allow the exception based on the_setting of the property and the vested tentative map. ~__ .There is no precedent that is being set that would adversely impact future deliberations regarding this type of a situation. In response to Councilmember Mehaffey,' Commissioner Page replied that at the Planning Commission meeting, the discussion focused on the subdivision, not the structures on the Page $of8 Minutes for City Council Regular Megti_ng .... [ September 15, 1999 properties, however there was consideration mfide on two stories and the protection of the trees. There being no further questions or comments, ViceMayor Bogosian called Mr. 'Heiss back for his closing statement. - - - Mr. Heiss commented that the whole goal and design of the project was based to protect.the trees, topography and environmental settings. _ Vice Mayor Bogosian closed the public hearing at 8:37 p.m. Councilmember Streit contends the design review is sufficient, there are sufficient number of two story houses in the neighborhood and there ismeighborhood compatibility with regards to square footage of the houses, and would therefore support the appeal. Councilmember Mehaffey believes that this subdivi~ion is a separate neighborhood and the intent of the h~ight restriction was not to reduce two stories but to help identify what consists of two-story -neighborhoods and would support the grandfathering of this exception. Councilmember Baker commented that the UnUsUai layout and slope of the land makes the '-- surroufiding houses on th_e upper flat area and those houses below the upper flat area of the street are separ, ate neighborhoods. If the square footage of the proposed houses were reduced it Would destroy the approved architecture and the proposed square footage is not intrusive or detrimental and Wp_gu!d therefore support the appeal. Vice Mayor Bogosian concurred with theq'est of the Council thall this subdivision is itself a separate rfeighborhood and the intent .of the height restriction was to keep from destroying one story neighborhoods with big intrusive houses and would also support the appeal. --. Councilmember Mehaffey expressed concem if this will set precedence o¢'&r-future developments. City Attorney Taylor cornrrLented that~absent the project applicati~-h~ for the other properties, th-~ Council has no basis for giving guidelines. The applicants have a vesting tentative map which gives them the right to request the exception which was in effect at the time the map was ,approved so they can request .that exception again and the Planning Commission will have to review them on a case by case basis and make a determination on the facts before, them at the time. -.- MEHAFFEY/STREIT MOVED TO APPROVE THE APPEAL DR 99-029 AND REVERSE THE PLANNING COMMISSION'S DECISION. MOTION PAS,~ED4-0-1, COUNCILMEMBER WALTONSMITH ABSTAINING. MEHAFFEY/S~,.EIT MOVED TO APPROVE -T-HE APPEAL OF DR 99-030 ~dXlD'REVERSE THE PLANNING COMMISSION'S DECISION. MOTION PASSED 4-0-1, COUNCILMEMBER WALTONSMITH ABSTAINING. C0uncilmember Waltonsmith retUrned to the dais. 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 wSll be excused at this point .if no longer needed.) . ':- ..... A. Special meetings of August 13, 26~ 1999 BAKER/STREIT MOVED TO APPROVE' THE SPECIAL MEETINGS OF AUGUST i~ AND AUGUST 26,_1999 AS PRESENTED. MOTION PASSED 4-0-1, COUNCILMEMBER WALTONSMITH ABSTAINING. Page 6of8 Minutes for City Council Regular Meeting September 15, 1999 B. Regular meeting of September 1, 1999 sTREIT/MEHAFFEY MOVED TO APPROVE THE SPECIAL MEETINGS OF SEPTEMBER 1, 1999 AS PRESENTED. MOTION PASSED 5-0._~ 9. CI-TY COUNCIL ITEMS A. Agenda items for the next adjourned regular meeting - October 12, 1999 meeting is canceled. B. Discussion regarding fee waiver request for rental of the Community Center for a farewell party in recognition-of Saratoga Drugstore (Requested by Councilmember Mehattey) _ City Manager Perlin referred to a memo and handout prepared by the Recreation Department providing background information about the City's rental policy and-procedures._ Councilmember Mehaffey provided background of this request and would like to discuss applicable discount options, if any. Discussion ensued. "-[ff response-to Councilmember Waltonsmith, Councilmember Mehaffey replied there is no hardship, however, the event organizers are requesting the City to defray some of the costs ..... C6uncilmember Waltonsmith expressed whether the City would be setting a precedent. City Attomey Taylor commented the City Council has an obligation to follow the policies and it would not be appropriate to make exceptions to those policies, however, the Council can change the policy. Following discussion, an understanding was made that if a non-profit group can sponsor the event, it would meet one of the criteria for a discount accOrding to city policy. C. Confirmation of upcoming Sister City festivities City Manager Perlin reminded the Council of the upcoming Sister City activities and a confirmation of attendees is needed to make final arrangements with the program coordinator. Partial confirmations were made, pending final confirmations next week. D. Discuss date for Y2K Town Hall meeting '-' City Manager Perlin reported that the tentative dates are on Thursday, October 21~t or October 28~ at 7:00 or 7:30 p.m. in the Civic Theater so it can be televised. Staff is in the process of establishing a speaker's panel to include PG&E, San Jose Water Company, Saratoga Fire District, ...... A_MR (ambulance service) Pacific Bell, Sheriff's office, County Fire District, LoS"-Gatos Community Hospital, Saratoga National Bank and Bank of America, Safeway Store, service station retailer, L0pgs Drugs. He invited the Council to attend, and p~haps Vice Mayor Bogosian can moderate the panel. Vice Mayor Bogosian noted he is available on October 28~. Council concurred to set the meeting on October 28 at 7:00 p.m. in the Civic Theater. Vice Mayor Bogosian asked for any other comments from Council. Councilmember Streit commented about the very poor condition and deterioration of the restrooms at Congress Springs Park. He suggested Council consideration to get these bathrooms repaired - because it could be a safety issue. He had asked Councilmember Baker to look at it who described it as a disgrace to Saratoga and its overall condition is shameful. Page 7of8 Minutes for City Council Regular Meeting September 15, 1999 Discussion ensued regarding the Wildwood restrooms bidding process and timeline. City Manager Perlin recommended staff would assess the work required, add it to the scope of work for the Wildwood restrooms and bring:it back at the next meeting with recommendations. Councilmember Streit added that another item that requires regular maintenance and could become a safety issue if neglected are the jungle gym playgrounds in Congress Springs and El Quito Parks that are missing about 8 to 10 inches of grot)nd chip surface. Vice Mayor Bogosian commented this is a maintenance issue, not an issue pertaining to expansion or using the Park Development funds. He added that the City has an obligation to meet its safety and maintenance needs. In response to Councilmember Mehaffey, City Manager Perlin replied an option would be for staff to hold off the bidding process for the Wildwood restrooms u~atil the Council meeting of October 6th to incorporate repair work that will be required for the Congress Springs Park bathrooms. The jungle gym playgrounds will be handled separately and the Council will be notified when the work is completed. Council concurred. Vice Mayor Bogosian requested agendizing the deer problem in the hillsides on October 20 to discuss options available for Council direction. He requested staff prepare a preliminary report about the alternatives. Council concurred. Councilmember Mehaffey referred to a list of properties in violation of fences which the Council received from an anonymous sender and suggested staff look into it. city Manager Perlin replied the City has a policy regarding anonymous complaints, nevertheless he will discuss the matter with Director Walgren and keep the Council updated. Vice Mayor Bogosian also requested agendizing the letter from Mr. Rosinas regarding a foundation that may be formed in honor of the late Mayor Shaw for ma:intenance and care of trees within the city, to a subsequent Council meeting before the end of Noveraber. Council concurred. 10. CITY MANAGER'S REPORT · Elected Officials leadership academy at the Fairmont Hotel in San Jose on Saturday, October 9'~ · League of Women's Voters 9-month community education project on the issue of"Sustainable Communities". This is a pUblic process, in Saratoga and the kick off meeting is tomorrow at 7:30 p.m. in the Senior Center. Council is welcome to atte. nd. · Celebrate Saratoga street dance on September 25, followed by the annual parade and barbecue at Wildwood Park on October 3rd. · Photo sessions will be scheduled for Council and staff between the last week of September and Ist week of October. Linda Burke will be contacting you fbr appointments. · Update materials for the Council binder are available with him tonight for Council · Reminded Council he will be out tomorrow at a seminar. ADJOURNMENT - Vice Mayor Bogosian adjourned the regular meeting at 9:35 p.m. Respectfully submitted, City Clerk Page 8of8