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HomeMy WebLinkAbout11-03-1999 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, November 3, 1999 - 5:30 p.m. PLACE: Closed Session - Administrative Conference Room, 13777 Fruitvale Avenue; Regular Meeting - Council Chambers/Civic Theatre, 13777 Fruitvale Avenue TYPE: Regular Meeting OPEN SESSION - 5:30 p.m. in the Administrative Conference Room ADJOURN TO CLOSED SESSION 1. 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 - Existing Litigation pursuant to Government Code section 54956.9(a) - Name of Cases: Santa Clara County Superior Court No. CIV 756-340; City of Saratoga v. TCI of Cleveland, Santa Clara County Superior Court; City of Saratoga v. Hinz, Santa Clara Superior Court No. CV 784560; City of Saratoga v. West Valley College; City of Saratoga v. Santa Clara County (TEA Prop. Tax Issue) MAYOR'S REPORT ON CLOSED SESSION - No reportable actions taken. REGULAR MEETING/CALL TO ORDER - Vice Mayor Bogosian called the meeting to order at 7:00 p.m. in the Council Chambers at 13777 Fmitvale Avenue. PLEDGE OF ALLEGIANCE - Led by Commissioner Ema Jackman ROLL CALL - All present Staff present: Community Development Director Walgren, City Attorney Taylor, City Clerk Ramos, Acting Public Works Director Cherbone, Administrative Analyst Reeve. 2. CEREMONIAL ITEMS A. Proclamation - Eagle Scout Christopher Lee Denise B. Introduction of new employees: Dixie Farley, Kristen Borel, Shirley Nishkian C. Appointment and swearing in of new Commissioners: Bobby Chondra ( Library Commission) and Dr. Cynthia Barry (Planning Commission) Vice Mayor Bogosian read the proclamation and directed the City Clerk to forward it to the recipient. Director Walgren introduced and gave a brief background about the new employees. BAKER/STREIT MOVED TO ADOPT THE RESOLUTION APPOINTING DR. CYNTHIA BARRY TO THE PLANNING COMMISSION. MOTION PASSED 5-0. BAKER/WALTONSMITH MOVED TO .M)OPT THE RESOLUTION APPOINTING BOBBY CHANDRA TO THE LIBRARY COMMISSION. MOTION PASSED 5-0. City Clerk Ramos administered the oaths of office to both Commissioners. Page lof7 Minutes for City Council Regular Meeting November 3, 1999 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 October 29, 1999. 3. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. Oral Communications on Non-Agendized Items - -None' B. Communications from Boards and Commissions - None C. Written Communications - None 4. CONSENT CALENDAR A. Previously Discussed Items - None B. New Items 1. Planning Commission Actions, October 27, 1999 Recommendation: Note and file. 2. Approval of Check Register Recommendation: Note and file. 3. Memo authorizing publicity for November 17 Public Hearing items: None 4. Financial Reports for quarter ending September 30, 1999 Recommendation: Accept the final reports. STREIT/BAKER MOVED TO APPROVE CONSENT CALENDAR ITEMS 1, 2, 3 & 4 AS PRESENTED. MOTION PASSED 5-0. C. Claims Against the City 1.Claimant: Audrey Kleder, Claim #99-001 Recommendation: Reject the claim. Director Walgren presented the staff report. MEHAFFEY/STREIT MOVED TO REJECT THE CLAIM. MOTION PASSED 5-0. Due to the early hour for public hearing, Vice Mayor Bogosian moved to item 7B and 9A on the agenda. Item 7B was moved up to allow Administrative Director Walker to present the item in time to leave early to attend another meeting out of the area. 5. PUBLIC HEARINGS - 7:30 p.m. A. AS-99-001; Wright, 15142 Sobey Road - An appe,,d of the Planning Commission's denial of a request to erect a batting cage on the subject property. Recommendation: Deny the appeal and uphold the Planning Commission's decision. Councilmember Waltonsmith recused herself because she p~:icipated in the discussions as a Commissioner when the Planning Commission heard this item. Director Walgren presented the staff report and noted for the record that the City Council visited the site yesterday afternoon. He also announced the Chairperson Bemald is in the audience for any questions. Vice Mayor Bogosian noted for the record the receipt of additional letters fi.om the D. Sant, K. ' Weiner, T. Ellenikiotis, T. Krieger, H.S. Phillips, and J. Grellas. He opened the public heating at Page 2of7 Minutes for City Council Regular Meeting November 3, 1999 7:35 p.m. and recognized the following: Ronald Rn~q~qi; attorney for the appellant/applicant, provided a brief summary of the appeal, highlighting the fair market value and noise issues and noting that a sound engineer and a certified real estate appraiser were retained by the appellants to conduct sound measurements at the site and comparable home sales. He added that a soils engineer was also retained to study the viability of the alternative site below the property near the road. Charles Salter: acoustical engineer: referred to his two reports included in the packet covering acoustical standards and measurements taken and addressed a metal bat versus a wooden bat. Discussion ensued regarding noise activities and levels.' David Wright; 15142 Sobey Road: appellant/applicant provided background information and commented about the use of the batting cage and the attempts to work with the neighbors and work with the City to comply with City codes. He also addressed the la,ek of recreational facilities in the city. Derek Watry; professional noise consultant for Mr_ & Mrs_ Grellas: made a correction to a previous comment stating that the current noise ordinance clearly states that the restriction limit is the ambient plus 6 and the typical residential noise level is 60, bringing the limit to 66 dba. He also commented on the bats and the use of the facility. He asked the Council to look at this matter fi.om a noise point of view and the intent of the City's noise ordinance. Discussion ensued regarding the dba scale. Jim Grellas: 15160 Sobey Road; commented they received one phone call from the appellants, which was of a hostile nature, and no regard was given to them. He summarized some of the key points for his opposition including market value, view, and noise and privacy impacts. He felt that a batting cage belongs in a park and not in a residential area. There being no further public testimonies, 'Vice Mayor Bogosian asked the appellant/applicant for their closing statements. Ronald Rossi: attorney: reiterated that the batting cage is a legal use and meets with the requirements of the noise ordinance. He added that the appellants are willing to put restrictions on its use to consider the neighbors' needs. Charles3~,lt~ commented further on the findings of his acoustical study. In response to Councilmember Mehaffey, Mr. Wright replied that the intent is to restrict the use of the cage for his three sons and on occasion, some of their friends. He added that there are other existing batting cages in Saratoga. The Council requested a report from Chairperson Bernald regarding the Planning Commission meeting and any items brought up this evening that may not have been brought up then. Chairperson Bernald clarified that there was a 5-1 vote, Commissioner Patrick dissenting because she felt the project should have limits. There was no discussion about the decibels. Concerns were expressed regarding the trees that were planted and the noise impacts. What was not mentioned tonight is that even if Council approved to leave the batting cage in place, it is a large non-conforming structure. The Commission felt that this was a far more intensive use with a commercial structure being placed in a residential neighborhood, affecting two neighbors considerably. Vice Mayor Bogosian closed the public hearing at 8:25 p.m. Discussion ensued. Vice Mayor Bogosian asked the pleasure of the Council. Page 3of7 Minutes for City Council Regular Meeting November 3, 1999 Councilmember Baker expressed his dismay o,n how this matter has come this far when it should have been handled between the neighbors, who have demonstrated a lack ofwil!ingness to resolve this matter. The use of the batting cagb is going to be temporary (until the children are old enough to play organized sports) and the net covering is transparent and removable. Conditions would have to be placed on this project, such as the removal of three redwood trees because they will obstruct the neighbor's prop.erty for a long ti~ne, the lowering of the batting cage structure to meet code and the imposing time restrictions on its use. Based on these Observations and recommendations, he would vote to approve the appeal. ~ Councilmember Streit concurred with Councilmember Baker regarding the behavior of the neighbors towards resolving this problem. The intent of the ordinance is to have a peaceful, tranquil environment and not to inflict knowingly on another person. He feels that this is an unnecessary use of that property. And since the houses ale peri,anent structures and cannot be moved, it would be more appropriate for the batting cage to be'relocated at ~the lower part of the property. He would vote to deny the appeal. Councilmember Mehaffey commented this is a difficult decision to make. Both property owners should be able to enjoy their properties in ways that are legal and allowed. The trees should be removed because they will have a long-term impact to the neighbors. He feels there will be a more intensity of use than what has been stated because its going to be very attractive to other children and if would difficult for the City to enforce that kind of restriction. He would vote to deny the appeal and encourage the Wrights to move the stmctm:e below in their property. Vice Mayor Bogosian expressed he could not find that the noise associated with the use of the batting cage would quantitatively exceed the annoyance noise that a lot of other uses and activities would exceed. There's also the issue that the Wright's house predates the Grellas' house. It seems that the Grellas' house was designed looking out into the Wright's backyard, however, this should not influence the use of the Wright's backyard as long as the use is legal and meets Code. He would support the appeal subject to the removal of the redwood trees, lowering of the structure to conform to Code, imposing time restrictions for its use. He could not support moving the batting cage to the lower part of the property for safety and environmental reasons. Discussion ensued regarding restrictions. Director Walgren commented that if the Council approves the appeal, staff can condition the approval, and landscaping can be a part of that condition to address the tree issue. If the Council results in a split vote, that would be a failed motion which we could not be resolved at a later meeting since Councilmember Waltonsmith will have to recuse herself. A tie vote would result in the denial of the appeal. With Council's permission, Ron RosSi commented to offer a compromise with the removal of the redwood trees and the time restrictions of 9:00 a:rn. to late aflenaoon and any other reasonable conditions. In response to Vice Mayor Bogosian, Mr. Rossi replied they would be willing to accept a permit with a time limit to allow for future review in the event that problems occur. Discussion ensued. Mr. Wright commented he would be willing to place restrictions just so he could give his kids an opportunity to use it. Cindy Wright; appellant/applicanL expressed dismay on how the matter has evolved and believes these issues could be resolved with proper communication. She just wants to be able to provide recreation for her kids. Mr. and Mrs. Grellas provided comments to reiterate the issues impacted by this project. Mr. Grellas feels that the Wrights can move their batting cage, unlike their home, which is permanent. He added that if we have a trial period, limit the use to a couple hours a day. Page 4of7 Minutes for City Council Regular Meeting November 3, 1999 Councilmember Streit recommended the following conditions for a year to allow for a review period: · Restrict hours of use to Monday through Friday 3 - 6 p.m.; Saturday and Sunday 10-6 p.m. · Use for no more than two hours a day · No more than 3-4 kids playing at a time · Lower the frame or re-grade the elevation · Using wooden bat and special balls Discussion ensued regarding the trees and times of use. BOGOSIAN/STREIT MOVED TO APPROVE THE APPEAL WITH THE FOLLOWING CONDITIONS BELOW AND COME BACK FOR REVIEW IN AUGUST 2000 IF THESE CONDITIONS HAVE NOT BEEN COMPLIED WITH: · Restrict hours of operation of batting cage to Monday through Friday 3 - 6 p.m.; Saturday and Sunday 12:00 Noon-6 p.m. · Use for no more than two hours stretch a day · No more than 4 kids at a time · Lower the frame or re-grade the elevation to conform with City Code · Use taped wooden bat and specialized balls; use padded poles · Removal and replacement of three sequoia trees (in front of the Grellas' window) with smaller trees MOTION PASSED 4-0-1, COUNCILMEMBER WALTONSMITH ABSTAINED. For clarification, Director Walgren stated that staff would come back with a resolution memorializing these findings and conditions, with an effective date of August 2000, to come back for review after that date. Councilmember Waltonsmith returned to the dais. Vice Mayor Bogosian called a recess at 9:20 p.m. and reconvened the meeting at 9:28 p.m. 6. OLD BUSINESS A. Compliance Plan to meet the sheltering and funding source requirements of AB 1482 and Resolution No. 99-51. Recommendation: Adopt the resolution that approves the Compliance Plan required under AB 1482 (Alquist) for implementation, and identifies the funding source to meet the longer holding periods for animals in shelters under SB 1785 (Hayden), which becomes effective in the City on July 1, 2000. Paula Reeve, Administrative Analyst presented the staff report. Discussion ensued. BAKER/WALTONSMITH MOVED TO ADOPT THE RESOLUTION. MOTION PASSED 5-0. Councilmember Mehaffey noted for the record that the costs are $525,000 for start up and $164,000 approximately annually to come out of the general funds to be partially offset by license fees. B. Report from Community Development Director on the status of the Argonaut Shopping Center renovations. Recommendation: Accept status report. Director Walgren presented the report. Discussion ensued regarding the bus stop configuration. MEHAFFEY/BAKER MOVED TO ACCEPT THE REPORT. MOTION PASSED 5-0. Page 5of 7 Minutes for City Council Regular Meeting November 3, 1999 C. Report from Community Development Director on the formation of a Telecommunications working 'group to explore alternatives for cellular transmission antenna locations., Recommendation: Accept report. Director Walgrcn presented thc staffrcport. Discussion ensued. Majority of the Council supported the City take a proactive approach on this matter. BAKER/MEHAFFEY MOVED TO ACCEPT THE REPORT. ]MOTION PASSED 5-0. 7. NEW BUSINESS A. Resolution declaring weeds growing on certain described properties to be a public nuisance and setting a public hearing. Recommendation: Adopt resolution City Clerk Ramos presented the staff report. Councilmember Baker requested the Fire Marshal's office provide a separate list of repeat offenders for Council information at the public hearing in December. Marty Hicks of the Fire Marshal's office responded that could be provided and added that there are some property owners who ask the County to do the abatement work for them and those property owners will also be identified on a list. BAKER/STREIT MOVED TO ADOPT THE RESOLUTION. MOTION PASSED 5-0. B. Recommendation for selection of a Financial .Advisor to assist with possible General Obligation Bond election on March 7, 2000. Recommendation: Approve the contract with Evensen Dodge Inc. as Financial Advisor to assist the City of Saratoga with the potential issuance of debt for the renovation and expansion of the Saratoga Library. Administrative Director Walker presented the staff report. Discussion ensued regarding contingency. In response to Council, Director Walker responded that staff will present a report to Council on the Bond Counsel selection at the next meeting of November 17, 199'9. STREIT/BAKER MOVED TO APPROVE THE CONTRACT WITH EVERSEN DODGE INC. AS FINANCIAL ADVISOR TO ASSIST THE CITY WITH Tile POTENTIAL ISSUANCE OF DEBT FOR THE RENOVATION AND EXPANSION OF THE SARATOGA LIBRARY IN THE AMOUNT OF $32,500 AND OUT OF POCKET COSTS OF $2,500. MOTION PASSED 5-0. Councilmember Mehaffey commented that he is personally against bonds except when they are on a contingency basis. 8. ORAL COMMUNICATIONS (continued) and instructions to staff regarding actions on current oral communications. - None 9. APPROVAL OF MINUTES (Note: City Attorney will be excused at this point if no longer needed.) Page 6of7 Minutes for City Council Regular Meeting Novcmbcr 3, 1999 A. Regular meeting of October 20, 1999 Councilmember Waltonsmith corrected the vote on the top of page 6 to reflect, "... (Vice Mayor Bogosian abstained)". BAKER/MEHAFFEY MOVED TO APPROVE THE MINUTES OF OCTOBER 20, 1999 AS AMENDED. MOTION PASSED 5-0. 10. CITY COUNCIL ITEMS A. Agenda items for the next adjourned regular - November 9, 1999 meeting is canceled. B. Other Councilmember Baker reported he met with Barbara Shaw regarding the location for a memorial tree as requested by the Council and she selected option #2 on the list which is in the front comer of City Hall behind the flagpoles. He also commented that he met with Acting Public Works Director John Cherbone regarding the location and Mr. Cherbone will come back with a layout for the memorial location and asked about the wording on the plaque. Them was Council consensus to have Councilmember Baker prepare the appropriate language to put on the plaque. Councilmember Baker said he would prepare a draft and bring it back for Council review. Councilmember Mehaffey expressed concem that the sport court issue discussed tonight brought about some concems for him about the noticing process. If somebody applies for a permit for a sport court, built it, by the time a neighbor finds out about it, it would have been too late to do anything under normal circumstances. Director Walgren concurred and commented that in fact this issue is going to be heard by the Planning Commission on November 23. Them seems to be missing language in the City ordinance that clearly identifies the intent of the ordinance which is discretionary permits are appealable. Councilmember Waltonsmith suggested this type of information would be beneficial to include in the City newsletter. Council concurred. In response to Councilmember Mehaffey, Director Walgren replied that he has been meeting with ABAG and the State Housing Authority since last spring on the City's housing element program. 11. CITY MANAGER'S REPORT - None ADJOURNMENT - Vice Mayor Bogosian adjourned the meeting at 10:15 in memory of Mrs. Jacqueline Kurasch and the other members of the recent Egypt Air crash. Respectfully submitted, ~alTIOS, ~erk Page 7of7