HomeMy WebLinkAbout12-15-1999 City Council Minutes MINUTES
SARATOGA CITY COUNCIL
TIME: Wednesday, December 15, 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; C~ty 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
CITY COUNCIL TOUR OF THE TV CONTROL BOOTH - City Manager Perlin led the tour
of the TV control booth.
MAYOR'S REPORT ON CLOSED SESSION - Mayor Bogosian declared there were no
actions taken.
REGULAR MEETING/CALL TO ORDER - Mayor Bogosian called the meeting to order at
7:00 p.m. in the Civic Theater, 13777 Fruitvale Avenue.
PLEDGE OF ALLEGIANCE - Kara Chalmers, Asst. Editor, Saratoga News
ROLL CALL - Councilmembers Waltonsmith, Baker, Streit, Vice Mayor Mehaffey, Mayor
Bogosian. Staff present: City Manager Perlin, City Attorney Taylor, City Clerk Ramos, Director
of Administrative Services Walker, Director of Community Development Walgren, Acting Public
Works Director Cherbone.
2. CEREMONIAL ITEMS - None
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
December 9, 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
Councilmember Baker pulled item B.2 and Mayor Bogosian pulled item B.5 for clarification.
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Minutes for City Council December 15, 1999
Regular Meeting
1. Planning Commission actions of December 8, 1999
Recommendation: Note and file
2. Approval of Check Register
Recommendation: Note and file
3. Memo authorizing publicity for January 5, 2000 Public Heating items: Kenneth
Cheng appeal (continued fi.om December 1, 1999)
Recommendation: Accept staff's recommendation.
4. Monthly Financial and Treasurer's Report for November 1999
Recommendation: Accept the reports.
5. Resolution urging the Mitsubishi Corporation immediately and permanently to
withdraw its plans to construct a salt works plant at Laguna San Ignacio in order
to preserve the last remaining breeding ground in the world for the California
gray whales and other endangered species.
Recommendation: Adopt resolution.
BAKER/MEHAFFEY MOVED TO APPROVE CONSENT CALENDAR ITEMS 4B 1, 3 AND
4. MOTION PASSED 5-0.
Discussion ensued regarding the check register and the proposed resolution. Council concurred to
direct the City Attorney to add language to the resolution (item 5) to cease entering into any new
contracts with Mitsubishi Corp. to the extent possible.
In response to Council, Attorney Taylor replied he would bring back a report to Council regarding
the types and numbers of contracts between the City and Mitsubishi. and its subsidiaries in late
February.
BAKER/WALTONSMITH MOVED TO APPOVE CONSENT CALENDAR ITEMS 4B.2 AS
PRESENTED. MOTION PASSED 5-0.
MEHAFFEY/WALTONSMITH MOVED TO ADOPT THE RESOLUTION WITH THE
APPROPRIATE CHANGES. MOTION PASSED 5-0.
C. Claims Against the City - None
Due to the early hour for public hearing~ Mayor Bogosian changed the order of the agenda
and moved to item 6A~ 7C and 6B.
6. OLD BUSINESS
A. Update report on Y2K Compliance Efforts
Recommendation: Receive report.
City Manager Perlin presented the staffreport.
Mayor Bogosian suggested the City check with Fire Districts about how the public should report
alarm activations to confirm either an incident requiring a response or an alarm malfunction and
publish that information in the local newspaper. City Manager Perlin replied he would look into it.
7. NEW BUSINESS
C. Presentation of Comprehensive Annual Financial Report for the year ended
June 30, 1999.
Recommendation: Receive report
Director of Administrative Services Walker presented the staff report.
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Minutes for City Council December 15, 1999
Regular Meeting
MEHAFFEY/WALTONSMITH MOVED TO ACCEPT REPORT AS PRESENTED. MOTION
PASSED 5-0.
6. OLD BUSINESS
B. Public Employees' Retirement System (PERS) Contract Amendment to Provide
the Third Level of Pre-Retirement Death Benefits
Recommendation:
1. Adopt the Resolution of Intention to approve an amendment to the contract
between the California Public Employees' Retirement System (PERS) and the
City of Saratoga to provide the third level of pre-retirement death benefit for City
employees; and
2. Introduce an Ordinance authorizing amendment to the contract between the City
and PERS; and
3. Adopt the Agreement to pool 1959 survivor benefits assets and liabilities between
PERS and the City; and
4. Direct staffto return on January 5, 2000 with the final Ordinance to formally
amend the PERS contract.
City Manager Perlin presented the staff report.
BAKER/MEHAFFEY MOVED TO ADOPT THE RESOLUTION. MOTION PASSED 5-0.
BAKER/STREIT MOVED TO INTRODUCE THE ORDINANCE; WAIVE THE FULL
READING OF THE ORDINANCE AND READ BY TITLE ONLY; AND TO BRING IT
BACK FOR ADOPTION ON JANUARY 5, 2000. MOTION PASSED 5-0.
BAKER/WALTONSMITH MOVED TO APPROVE THE AGREEMENT WITH PERS.
MOTION PASSED 5-0.
5. PUBLIC HEARINGS - 7:30 p.m. ·
If you challenge a decision of the City Council pursuant to a public heating in court, you
may be limited to raising only those issues you or someone else raised at the public
heating(s), described in this agenda, or in written correspondence delivered to the Saratoga
City Council at, or prior to, the public hearing.
1. Appeal from Planning Commission decision on Azule Crossing Inc.
Recommendation: Accept the staff report and uphold the Planning Commission
decision to approve the project.
City Manager Perlin reported there were additional letters received from numerous citizens after the
agenda was distributed. He deferred additional comments to Director of Community Development
Walgren, who presented the staff report.
Vice Mayor Mehaffey explained that this matter was called up to discuss policy issues, not design
issues. Council concurred.
Discussion ensued.
For the record, Mayor Bogosian and the rest of the Council reported that some of them had talked
with the developer and met or had phone conversations with some of the property owners prior to
this meeting.
Mayor Bogosian opened the public heating at 7:58 p.m.
Scott Ward, co-applicant, provided background and summary of the project. He also commented
on the focus of finding common grounds and striking a balance between the community and the
property owners. He reported on the productive meetings held with the neighbors and have
modified the plans to meet the concerns expressed by them.
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Minutes for City Council December 15, 1999
Regular Meeting
Discussion ensued following questions and responses by the Council and applicants.
Mayor Bogosian recognized the following persons who spoke to support the mixed-use
development project and its modifications:
1) Zorka Ficovich, 20330 Zorka Avenue, Saratoga
2) Kristin Davis, 12378 Saratoga-Sunnyvale Road, Saratoga
3) Beth Wyman, 12231 Fredericksburg Drive, Saratoga (also expressed support on
behalf of Greenbelt Alliance)
4) Pat Andreson, 19952 Gamett Court, Saratoga
5) Jeanne Stewart, 13927 Pierce Road, Saratoga
6) Mary Helmers, 19875 Sea Gull Way, Saratoga
7) Georgia Barnett, 13130 Ten Oak Way, Saratoga
8) Pearl Medeiros, 1045 Zarick Drive, Saratoga (also expressed support on behalf of
the Chamber of Commerce Board of Directors)
9) Ma~.'orie Ottenberg, 12881 Foothill Lane, Saratoga, (also expressed support on
behalf of the Sierra Club and forwarded a lettei' to the City Clerk)
10) Jeffrey Walker, 20451 Sea Gull Way, Saratoga
11) Hung-Chin Gurthrie, 20422 Sea Gull Way, Saratoga
12) Diane Reese, 12450 Blue Meadow Court, Saratoga
13) Leon Mendelson, 20408 Sea Gull Way, Saratoga
14) Arvin Engelson, 20381 Sea Gull Way, Saratoga
15) Bill Guthrie, 20422 Sea Gull Way, Saratoga
16) Jack Mallory, 12258 Kirkdale Drive, Saratoga
17) Don Johnson, 19997 Sea Gull Way, Saratoga
18) Glynis Wineinger, 12297 Saratoga-Sunnyvale Road, Ste. 200, Saratoga
19) Art Roshon, 20379 Lentar Court, Saratoga
20) Marilyn Riding, 21836 Villa Oaks Lane, Saratoga
21) Zoe Alameda, 12341 Saratoga-Sunnyvale Road, Saratoga
22) Dolores Oliver-Jamhour, 12361 Saratoga-Sunnyvale Road, Saratoga
23) Mary-Lynne Bemald, 14398 Evans Lane, Saratoga, expressed support on behalf of
the Planning Commission. She urged Council's approval of the modified plans and
asked that if there are going to be additional changes to the plan, to return it back to
the Planning Commission for their review.
Highlights of the comments to support the project included the following: · Applicants worked cooperatively with the neighbors and changed their
plans to meet the concerns of the neighbors
· Enhance the center to make it a viable business center
· Serve as a buffer from other business establishments in the area
· Good traffic plan; good design
· Compatible with other high density plans
· Oppommity for added tax base
Scott Ward, co-applicant provided closing statements to urge the Council to approve the project as
modified.
Mayor Bogosian closed the public hearing at 9:24 p.m. and asked the pleasure of the Council.
Vice Mayor Mehaffey commended all parties for their efforts to work well together. He said that
revenue is not the issue;'he would mourn the loss of professional office space and would not want
to encourage these types of business to go elsewhere. He supports the residential components,
however, he would like to see the City retain more of its commercial designation. He
recommended sending it back to the Planning Commission to review these issues.
Councilmember Streit also commended the good working relationship between applicants and the
neighbors. He addressed the retail sales tax base and buffer aspects of this project and expressed to
support it as modified to 20 units.
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Minutes for City Council December 15, 1999
Regular Meeting
Councilmember Waltonsmith commended the good working relationship between the apPlicants
and neighbors. She expressed concem about the City's economic viability and loss of commercial
districts. She asked that the City review the existing commercial space and find other ways to
enhance and refurbish that commercial district because she could not support the mixed-use
development that is being proposed. She also felt that open spaces and not more houses, should
serve as buffer zones.
Councilmember Baker said although this is a difficult decision to make, he would not want to give
this back to the Planning Commission. He agrees that the existing office district is grossly
neglected and office space may not be viable in that particular property. He would support the
project as presented.
Mayor Bogosian echoed commendations made to the applicants and the neighbors for a good
working relationship. He would like to see the lot re-configured to expand the commercial portion
of this development and perhaps reducing the residential portion to 14 units. He also felt that the
traffic study did not address all of the traffic concerns. He would support sending this back to the
Planning Commission to review the issues and suggestions raised this evening.
Discussion ensued.
Vice Mayor Mehaffey suggested holding a meeting with the developer, property owners, staff and
two Council members to re-evaluate the project.
In response, Scott Ward replied he does not think that modifying the plan to include up to 20,000
sq. ft. of office space is viable and he does not know what kind of support they would get with a
plan of fewer than twenty residential units.
Discussion continued.
Mayor Bogosian asked and Director Walgren confirmed, that procedurally if the Council votes
down the proposed project, the applicant would have an opportunity to resubmit new plans, which
would be reviewed by staff, and the Planning Commission.
WALTONSMITH/MEHAFFEY MOVED TO OVERTURN THE PLANNING COMMISSION'S
DECISION AND DENY THE PROJECT AS IT IS PRESENTED. MOTION PASSED 3-2,
(COUNCILMEMBERS STREIT AND BAKER DISSENTED).
Mayor Bogosian called a recess at 10:15 p.m. and reconvened the meeting at 10:25 p.m.
7. NEW BUSINESS
A. Memo from City Attorney regarding political activities by City officials.
Recommendation: Receive report and direct staff accordingly.
City Attomcy Taylor presented the staff report.
Mayor Bogosian recommended staff distribute copies of the memo to all commissioners for their
information. Council concurred.
City Manager Perlin suggested holding a workshop for Council, Commissioners and staff regarding
the Brown Act, Public Records Act, Political Reform Act (Conflict of Interest issues) sometime in
April of next year. Council concurred.
2. Approval of a Professional Services Agreement for design, environmental and
Right-of-Way acquisition services in connection with the Quito Road Bridge
Replacement Project (Capital Project No. 9111)
Recommendation: Approve agreement.
City Manager Perlin presented the staff report and deferred additional comments to Acting
Director of Public Works Cherbone.
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Minutes for City Council December 15, 1999
Regular Meeting
Discussion ensued.
Councilmember Streit said it would be important to extend some kind of notice to the affected
property owners regarding the proposed construction and any traffic impact thereof.
In response, Director Cherbone replied that public meetings would be held with the affected
neighborhood before construction begins.
STREIT/WALTONSMITH MOVED-TO APPROVE AN AGREEMENT WITH AN WEST,
INC. OF RICHMOND IN THE AMOUNT OF $259,556. MOTION PASSED 5-0.
STREIT/WALTONSMITH MOVED TO ADOPT RESOLUTION ADJUSTING THE FISCAL
YEAR 99-00 BUDGET IN CONNECTION WITH THE QUITO ROAD BRIDGE
REPLACEMENT PROJECT, C.I.P. NO. 9111. MOTION PASSED 5-0.
8. ORAL COMMUNICATIONS (continued) and instructions to staff regarding actions
on current oral communications.
None
9. APPROVAL OF MINUTES (Note: City Attomey will be excused at this point if no
longer needed.)
A.Regular meeting of December 1, 1999
Recommendation: Approve minutes.
Councilmember Waltonsmith corrected the minutes on pg. 11, paragraph 5 under Other, to read,
"Vice Mayor Mehaffey expressed his concern about the poor design... "Councilmernber
Waltonsmith concurred."
STREIT/BAKER MOVED TO APPROVE THE MINUTES AS AMENDED. 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 regular meeting
of December 21, 1999. This meeting is cancelled.
B. Other
a. Discussion about pursuit of cooperative efforts with other West Valley cities
to develop regional youth oriented athletic facilities and programs (Mayor
Bogosian)
Following a brief background report from Mayor Bogosian, discussion ensued.
Council concurred to direct the City Manager to contact the West Valley managers one on one to
see which cities might be interested in pursuing a cooperative effort to develop regional youth
sports facilities and programs.
City Manager Perlin noted he should have a report back in late January.
Councilmember Waltonsmith commented regarding the City's plans to improve the Gateway
commercial center.
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Minutes for City Council December 15, 1999
Regular Meeting
Following discussion, City Manager Perlin commented the process should begin with the property
owners meeting with City staff to discuss and evaluate the work required to upgrade and refurbish
the complex. He noted he would bring back a report and timeline. Council concurred.
Councilmember Baker commented he would like to see a report from staff about the Pavement
Management Program due to new funding from Measure A & B. Vice Mayor Mehaffey concurred.
City Manager Perlin noted staff to bring back a report early next year.
Attorney Taylor announced he would not be available to attend the next Council meeting.
11. CITY MANAGER'S REPORT
· Referred to the memo from staff regarding the Mt. Winery Draft EIR and noted this
item will be on the January 5~ Council agenda.
· Reschedule the City Attorney and City Manager evaluations to January 25 due to
Councilmember Baker's absence at the Council meeting of January 19a~.
· Water District workshop on February 2 to discuss the flood control benefit
assessment project
· Joint Venture Silicon Valley workshop on January 12 for the briefing of the index of
Silicon Valley
· City's Holiday party tomorrow, December 16~.
· Announced the Library Bond on the March ballot is Measure "N"
ADJOURNMENT - Mayor Bogosian adjourned the meeting at 11:36 p.m.
Respectfully submitted,
os, CMC, City Clerk
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