HomeMy WebLinkAbout12-01-1999 City Council Minutes MINUTES
SARATOGA CITY COUNCIL
TIME: Wednesday, December 1, 1999 - 6:00 p.m.
PLACE: Closed Session - Administrative Conference Room, 13777 Fruitvale Avenue;
Regular Meeting - Civic Theater, 13777 Fruitvale Avenue
TYPE: Regular Meeting-
OPEN SESSION - 6:00 p.m. in the Administrative Conference Room
ADJOURN TO CLOSED SESSION
1. CLOSED SESSION
A. Conference with Legal Counsel - 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. Santa Clara County (TEA Prop. Tax
Issue); City of Saratoga v. Hinz, Santa Clara Superior Court No. CV 784560
MAYOR'S REPORT ON CLOSED SESSION - No actions were taken.
REGULAR MEETING/CALL TO ORDER - Vice Mayor Bogosian called the regular meeting
to order at 7:04 p.m. in the Civic Theater, 13777 Fruitvale Avenue.
PLEDGE OF ALLEGIANCE - Led by Cub Scout Troop 566
ROLL CALL - Councilmembers Waltonsmith, Baker, Streit, Mehaffey, Vice Mayor Bogosian
were present. Staff present: City Manager Perlin, City Attorney Taylor, City Clerk Ramos,
Director of Community Development Walgren.
2. CEREMONIAL ITEMS
A. Council Reorganization
Recommendation:
1. City Manager declares the office of the Mayor vacant and asks for nominations; when
all nominations have been received, a vote is called;
2. City Manager administers the oath of office to the new Mayor;
3. Remarks by new Mayor;
4. Mayor declares the office of Vice Mayor vacant and asks for nominations; when all
nominations have been received, a vote is called;
5. Mayor administers oath of office to new Vice Mayor
6. Remarks by new Vice Mayor.
City Manager Perlin declared the office of Mayor vacant and asked for nominations.
MEHAFFEY/WALTONSMITH MOVED TO NOMINATE VICE MAYOR BOGOSIAN.
MOTION PASSED 5-0.
City Manager Perlin administered the oath of office to Mayor Bogosian.
Mayor Bogosian expressed thanks and provided remarks. He declared the office of Vice Mayor
vacant and asked for nominations.
STREIT/BAKER MOVED TO NOMINATE COUNCILMEMBER MEHAFFEY. MOTION
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Minutes for City Council Regular Meeting December 1, ! 999
PASSED 5-0.
Mayor Bogosian administered the oath of office to Vice Mayor Mehaffey.
Vice Mayor Mehaffey expressed thanks and provided remarks.
B. Appointments to the Parks and Recreation Commission
Rec6mmendation: Adopt the resolution appointing Nick Seroff, Norbert Fronczak,
Sandra Dodge, and re-appointing Elaine Clabeaux to the,, Commission; direct City Clerk to
administer their oaths of office.
BAKER/STREIT MOVED TO ADOPT THE RESOLUTION. MOTION PASSED 5-0.
City Clerk Ramos administered the oaths of office to the new Parks and Recreation
Commissioners.
C. Appointments to the Finance Commission
Recommendation: Adopt the resolution appointing Sam Ochi, and re-appointing A1
Roten, Charles Swan and Ernest Brookfield to the Commission; direct City Clerk to
administer their oaths of office.
MEHAFFEY/WALTONSMITH MOVED TO ADOPT THE RESOLUTION. MOTION PASSED
5-0.
City Clerk Ramos administered the oaths of office to the new Finance Commissioners.
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
November 24, 1999.
3. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC
A. Oral Communications on Non-Agendized Items
Paul Freeman, 20116 Chateau Drive, commented requesting stop signs at the intersection of
Chateau and Winter Drives. He distributed copies of a letter regarding his request to the Council
and staff.
B. Communications from Boards and Commissions - None
C. Written Communications - None
Due to the hour for public hearings, Mayor Bogosian deferred the consent calendar until after the
public hearing items.
5. PUBLIC HEARINGS - 7:30 p.m.
A. Resolution ordering abatement of a public nuisance by removal of
hazardous weeds.
Recommendation: Adopt resolution.
City Manager Perlin presented the staff report.
Mayor Bogosian opened the public hearing at 7:36 p.m. There we, re no persons wishing to speak.
Mayor Bogosian asked the pleasure of the Council.
Discussion ensued regarding the list of property owners who are regularly on the County's list for
providing abatement services.
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Minutes for City Council Regular Meeting December 1, 1999
Mayor Bogosian closed the public hearing at 7:40 p.m.
STREIT/BAKER MOVED TO ADOPT THE RESOLUTION. MOTION PASSED 5-0.
Councilmember Baker stated for the record that he is concerned about the percentage of property
owners who rely on the County to abate their property of any hazardous weeds rather than take care
of it themselves, like the other proper~ owners do.
B. Appeal of a Planning Commission decision, UP 99-014, a utility pole in
the state owned right-of-way at the northeast corner of Fruitvale Avenue
and Highway 9; Appellant: Kenneth Cheng; Applicant: Cellular One
Recommendation: Continue the appeal to January 5, 2000, per the
appellant's request.
City Manager Perlin presented the staff report and requested cgntinuance of this appeal hearing per
the appellant's request.
Mayor Bogosian opened the public hearing at 7:44 p.m. There being no public testimonies, closed
the public hearing at 7:45 p.m.
BAKER/MEHAFFEY MOVED TO CONTINUE THE APPEAL HEARING TO JANUARY 5,
2000 PER THE APPELLANT'S REQUEST. MOTION PASSED 5-0.
Mayor Bogosian reverted back to the Consent Calendar at this time.
4. CONSENT CALENDAR
A. Previously Discussed Items - None
B. New Items
1. Planning Commission Actions, November 23, 1999
Recommendation: Note and file.
2. Approval of Check Register
Recommendation: Note and file.
3. Memo authorizing publicity for December 15 Public Heating items: Azule
Crossing Inc. appeal by the City Council
Recommendation: Accept staff's recommendation.
4. Monthly Financial and Treasurer's Report for October 1999
Recommendation: Accept the reports.
STREIT/MEHAFFEY MOVED TO APPROVE CONSENT CALENDAR ITEMS 4B 1, 2, 3
AND 4 AS PRESENTED. MOTION PASSED 5-0.
C. Claims Against the City - None
6. OLD BUSINESS
A. Memo from Community Development Director regarding City's response to Mt.
Winery Draft EIR.
Recommendation: Review staff's response and receive public comments.
Director of Community Development Walgren presented his memo to the Council regarding staff's
response and provided a comprehensive report of the draft EIR. He said that the intent of the draft
EIR is to legalize current activities of the Mt. Winery and any improvements and expansion
initiated by the owner will have to be reviewed separately. He also said that he and Mayor
Bogosian would be attending the County Planning Commission meeting tomorrow to provide the
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Minutes for City Council Regular Meeting December 1, 1999
City's position in this matter and to request for an extension of the public comment period. He also
·
announced that the Commissions who rewewed the draft EIR are represented by Commissioners
this evening, and Jim Jeffries, City's Traffic Engineer, is also present this evening for any
questions.
Highlights of his report included: · Traffic analysis
· Level of service
· City's trail master plan not acknowledged
· Inadequacy of the septic system as d~scribed in the Health and Safety section (City's
proposal to connect the property to public sewer)
· Noise mitigation and compliance with the City Code
· County process is reasonable
· Expansion is not being considered or approved at this time
· Cumulative impacts not addressed
· Abandoned quarry not mitigated or addressed
· Consider annexation to the City
In response to Vice Mayor Mehaffey, Director Walgren replied he did not have any information on
cost and revenue implications associated with annexation at this: time. He would have to research
the information and get back to the Council with that information,.
Discussion ensued.
Councilmember Baker questioned the validity Of the traffic study analysis and other statements in
the draft EIR regarding compliance with the City's noise ordinance. He hopes that the Council will
receive a substantial amount of public comments regarding this matter.
Councilmember Waltonsmith expressed her concern of the project's increase in use and size and
yet those factors are not being considered in the review process at this time. She is also disturbed
by the major noise and traffic impacts if the Mt. Winery is expanded.
Director Walgren commented that at the County Planning Conunission meeting tomorrow, staff
would emphasize that the draft EIR is only for existing facility and use of Mt. Winery and that the
City would have to place restrictions on the winery's current activities.
In response to Mayor Bogosian, City Attorney Taylor replied that the legal issue would be on how
the project is defined in the draft EIR. The draft EIR seems to be addressing both the current and
anticipated use and size of the project. He suggested the City indicate clear restrictions as to its use
and size in the Conditional Use Permit process.
Director Walgren commented that the draft EIR does not pre-approve the expansion plans, which
would be subject to a City review process.
Discussion ensued.
Mayor Bogosian asked for comments from the Commissions that reviewed the draft EIR.
Frank Lemmon, Public Safety Commission, provided the following comments: · The draft EIR covers the existing facility and its use
· Good traffic and circulation analysis
· Strong traffic impacts (Pierce Road and intersection of Fmitvale and Highway 9)
Analyze and review the final document for expansion
Lisa Kurasch, Planning Commission, provided the following comments: · Conceptual use permits because only a concept has been proposed
· Support to continue reviewing its activities
· Cumulative impact should be treated separately
· Consider concurrent use of the various parts of the facility and suggest to put a cap on the
number of types of events being held concurrently
· Traffic study is insufficient (based on offpeak season data)
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· Parking issues not accurately addressed
· Air quality
· Inconsistencies with City codes and requirements
· Potential impact to habitats
· Support the inclusion of septic leach field
Mayor Bogosian asked for Parks and Recreation Commission comments and Director Walgren
replied that the Parks and Recreation Commission's concern were the trails which was addressed in
the draft EIR.
Mayor Bogosian recognized the following persons who provided comments:
Dennis Paboojian, 12280 Saratoga Sunnyvale Road, spoke on his behalf and on behalf of Saratoga
Trails users commented on the following:
· The impacts should be identified and mitigated and that the City should send a strong letter
of concern;
· Impacts to the Master Plan of Trails; the draft EIR does not address the trail easement and
stated for the record to urge the Council to ask for the trail easement.
· Traffic report is good but irrelevant (impacts to Pierce Road and traffic needs to be reduce
and diverted)
William Brooks, 20230 Merrock Drive, commented on: · The ambiguity of the draft EIR
Concem about the scope of the project
· Traffic analysis irrelevant for this project
· Report does not cover real impacts to the City Of Saratoga
· Noise impacts not realistically addressed
· Safety issue on Pierce Road
· Existing trail
James Baron, 19830 Via Escuela, concurred with the comments made by Mr. Brooks and Mr.
Paboojian and urged the City Council to direct staffto express a strong opposition to the draft EIR.
Karlina Ott, 21750 Vintage Lane, expressed traffic and noise concerns. She felt that there should
be some consequences for the activities at the Mt. Winery and they should be held responsible.
Ric Denton, 21770 Heber Way, provided the following comments: · Tremendous ambiguity in the draft EIR
· Concurred with Director Walgren's report and comments
· Although concert series brings a positive mark to the community, there needs to be
restrictions placed
· Traffic and noise issues
Betty Jo Stewart, 12517 Palmtag Drive, read Dora Grens' written statement for the record and
distributed copies of it to the Council and staff. Her statement included the following:
· Traffic and noise concems (request a current and accurate traffic analysis report)
· Safety issues resulting from evening concerts
· Sound levels
· Potential of increased development in the area
· Consider redeveloping a large portion of the property in vineyards
Bill Alff, 14185 Teerlink Way, commented there is no analysis in the draft EIR for fire protection.
Mayor Bogosian thanked all those who provided comments and said that the comments will be
included in the response to the County at tomorrow's meeting.
Mayor Bogosian reviewed the following points for clarification:
· Support the need for another CUP/EIR to address other expansion issues not addressed in
the current draft EIR. Current use and future use should be reviewed separately.
· Existing use should be mitigated before expansion is considered and reviewed
· Discuss and review annexation potential
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Minutes for Citv Council Regular Meeting I December 1, ! 999
Director Walgren commented that staff will express all of the points made this evening; request for
an extension of the public comment/review period; and study the annexation potential and provide
that information back to Council.
Vice Mayor Mehaffey said that if the Count~ does not grant the extension, the Council should
agendize this matter on December 7, 1999 to receive additional comments and review staff's
response in order to meet the County's deadline of December 15,. 1999.
City Manager Perlin clarified that if the County grants an extension, staff will agendize this matter
at a later subsequent Council meeting to allow time to obtain information regarding annexation.
Council concurred.
Mayor Bogosian called a recess at 10:00 p.m. and convened the meeting at 10:10 p.m.
7. NEW BUSINESS
A. Resolution of the City Council of the City of Saratoga appointing a corporation
representative for the Small Claims Division of the Municipal Court.
Recommendation: Adopt resolution.
City Manager Perlin presented the staff report and clarified the purpose of adding the Community
Development Director and adding designees to the designated staff members.
BAKER/MEHAFFEY MOVED TO ADOPT THE RESOLUTION. MOTION PASSED 5-0.
B. ALTRANS Contract renewal.
Recommendation:
1. Approve the attached agreeme, nt with the Santa Clara Valley Transportation
Authority (VTA) in order to receive the $329,390 grant that was allocated to the
1999-00 ALTRANS College/K- ! 2 Schools Trip Reduction Program.
2. Approve the attached agreement' between the City and ALTRANS whose services
have been retained by the City to assist in the implementation of the trip reduction
project.
City Manager Perlin presented the staff report and deferred additional comments to Chris Korn,
Administrative Analyst who provided additional information about a change in the contract
regarding the program going to a centralized system. He also armounced that Steve Blaylock of
ALTRANS is available this evening for any questions about the program.
Councilmember Waltonsmith asked and Mr. Bl,aylock replied that bus shelters are not funded for
in the ALTRANS program but he could address it with VTA at their meeting.
City Attorney Taylor commented that the agreement between the City and ALTRANS would be
replaced with the City's standard contractual a~eement to address standard provisions not
included in the ALTRANS form.
MEHAFFEY/STREIT MOVED TO APPROVE THE AGREEMENT WITH SANTA CLARA
VALLEY TRANSPORTATION AUTHORITY (VTA) AND TIlE AGREEMENT WITH
ALTRANS AS AMENDED BY THE CITY ATTORNEY. MOTION PASSED 5-0.
C. NPDES Permit Renewal
Recommendation:
1. It is recommended that the City Council authorize the City Manager to sign the
revised Memorandum of Agreement (MOA) providing for the implementation of
the Santa Clara Valley Urban Runoff Pollution Prevention Program (Program) on
behalf of the City. Approval of this MOA would, continue the City's
participation in the Program, formerly the Santa Clara Valley Nonpoint Source
Pollution Control Program, for the purpose of complying with the City's separate
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Minutes for City Council Regular Meeting ' December I, 1999
municipal storm sewer system Nation Pollution Discharge Elimination System
(NPDES) permit requirements, pursuant to the federal Clean Water Act.
2. It is recommended that the City Council approve the resolution to reapply for re-
issuance of the City's storm water NPDES permit.
City Manager Perlin presented the staff report and introduce Kelly Caroll from the West Valley
Clean Water Program who provided additional information from the planning phase to the
implementation phase.
Discussion ensued.
In response to Mayor Bogosian, Ms. Caroll replied that the $2.2 million program budget is
broken down to 1/3 for public information/education; 1/3 for administration and fees; 1/3 for
monitoring the program.
Ms. Caroll announced that a workshop would be held in April to talk about the different aspects
of the program.
MEHAFFEY/BAKER MOVED TO ADOPT THE RESOLUTION TO RENEW ITS
MEMORANDUM OF AGREEMENT FOR IMPLEMENTATION. MOTION PASSED 5-0.
MEHAFFEY/BAKER MOVED TO ADOPT THE RESOLUTION TO REAPPLY FOR
REISSUANCE OF ITS MUNICIPAL STORMWATER NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT. MOTION PASSED 5-0.
8. ORAL COMMUNICATIONS (continued) and instructions to staff regarding actions
on current oral communications.
Mayor Bogosian directed staff to review the request from Mr. Freeman and refer it to the Public
Safety Commission for review. Council concurred.
9. APPROVAL OF MINUTES (Note: City Attorney will be excused at this point if no
longer needed.)
A. Regular meeting of November 17, 1999
Vice Mayor Mehaffey corrected the minutes to reflect the following changes:
Under Roll Call - list names of Council members present
· Bottom of page 2 under motion change Evan to "Baker"
· Page 6, motion under item C should read, "...fees not to exceed $31,000 with Quint..."
· Page 7, under item E, 4t~ paragraph, bulletcd item 1 should read, "...in the amount of $15
million ".
MEHAFFEY/WALTONSMITH MOVED TO APPROVE THE MINUTES OF NOVEMBER 17,
1999 AS AMENDED ABOVE. MOTION PASSED 5-0.
B. Adjourned Regular Meeting of November 23, 1999
BAKER/STREIT MOVED TO APPROVE THE MINUTES OF NOVEMBER 23, 1999 AS
PRESENTED. MOTION PASSED 5-0.
10. CITY COUNCIL ITEMS
A. Agenda items for the next adjourned regular meeting (Note: The purpose of
listing the items immediately following is not to discuss or take action on them, but
simply to decide whether they are to be placed on the agenda for the adjourned
regular meeting of December 7, 1999.
1. Meeting with Assemblyman Jim Cunneen at 9:00 a.m. in the
Administrative Conference Room, 13777 Fruitvale Avenue to discuss
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Minutes for City Council Regular Meeting December 1, 1999
matters of mutual interest.
Councilmember Streit requested to add an ite~n to this agenda regarding the Highway 85 noise
abatement. Council concurred. ,
2. Meeting at 7:00 p.m. in thle Adult Care Center, 19655 Ailendale Avenue to
discuss the following: ~
1. Review of argumc, nts in support of or in oppoSition to Library
(General Obligation) bond measure.
2. Review of Council Master Meeting Calendar for 2000
3. Award of Construction Contract for Civic Theater HVAC upgrades
4. Presentation by local artist Heather Donaldson on proposed water
sculpture for Civic Center courtyard
5. Proposed policy regarding requests for appeal continuances
6. Report on Y2K preparedness efforts
7. Status report on Saratoga Creek litigation settlement activities
Following discussion, the fOllowing items were added to thc agenda list above: · Council assignments on various committees and agencies
· Mt. Winery Draft EIR (if extension is not granted by the County)
· Discuss putting a measure on thc November ballot for the extension of Measure G to
encompass commercial zoning districts.
City Manager Pcrlin suggested removing items 5 and 7 listed above regarding thc proposed policy
on requests for appeal continuances and thc status report on Sm'atoga Creek litigation settlement
activities to a subsequent meeting. Council concurred.
Councilmcmber Waltonsmith asked and City Manager Perlin replied that there is a committee that
is handling and promoting thc census process. A report will be brought back to thc Council early in
2000.
B. Other
1. Discussion on anticipated environmental impacts to California Grey Whale
breeding grounds in Baja, Mexico resulting from proposed salt harvestihg
operation by Mitsubishi Corporation. (Requested by Councilmember Ann
Waltonsmith)
Councilmember Waltonsmith provided a backgrOund report and urged the Council to support a
resolution to stop the Mitsubishi Corporation fi:om constructing a salt works plant at Laguna San
Ignacio.
BOGOSIAN/MEHAFFEY MOVED TO DIRECT STAFF TO PREPARE AND BRING BACK A
RESOLUTION AT THE DECEMBER 15, 1999 COUNCIL MEETING FOR APPROVAL.
MOTION PASSED 5-0.
Vice Mayor Mehaffey asked about the status of the new stage set. City Manager Perlin replied that
the new set should be on hand for the first meeting in January.
Vice Mayor Mehaffey expressed concern about', the poor design of the bus stop at the Argonaut
Shopping Center. Councilmember Waltonsmith concurred. City Manager Perlin replied he would
pass the concerns on to Director Walgren.
Vice Mayor Mehaffey requested information about the City's conunercial recycling efforts through
Green Valley Disposal and requested a report back from staff'at a subsequent meeting. City.
Manager Perlin responded he would have staff look into it and report back.
11. CITY MANAGER'S REPORT - City Manager Perlin commented on the following:
· The argument in support of the proposed library general obligation bond measure on the
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Minutes for City Council Regular Meeting December 1, 1999
March ballot will be drafted by the Chairperson of the Library Commission to be submitted
to Council for review and approval next week.
· Announced the Chamber Holiday party will be held concurrent with the Cities Association
Holiday party. RSVP by Monday, December 6~h.
· City's emergency exercise will be held at City Hall on Friday, December 10 at 9:30 a.m.
· Reiterate request to the Council to submit some Council business cards to Linda Burke to
have available to. provide to the public upon request
· Irene Jacobs, former staff member, had a baby boy and both mother and son are doing well
ADJOURNMENT - Mayor Bogosian adjourned the meeting at 11:12 p.m. to the meeting of
December 7, 1999 at 9:00 a.m. in the Administrative Conference Room at City Hall.
Respectfully submitted,
~~{~5 ~. it Clerk
Susan A. Ramo~y
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