HomeMy WebLinkAbout02-16-2000 City Council Agenda PacketPublic hearings will start promptly at 7:30, when the Council will move from whatever item it is
considering at that time to public hearings. Note: Devices to assist the hearing impaired are now
available in the Civic Theater lobby, f KEEP ONE YEAR
TIME:
AGENDA I
SARATOGA CITY coUNcIL
Wednesday, February 16, 2000 - 4:00 p.m.
PLACE:
Closed Session - Administrative Conference Room, 13777 Fruitvale Avenue;
Regular Meeting - Civic Theater/Council Chambers, 13777 Fruitvale Avenue
TYPE:
Regular Meeting
OPEN SESSION - 4:00 p.m. in the Administrative Conference Room
ADJOURN TO CLOSED SESSION
1. CLOSED SESSION
Conference with Legal Counsel - Existing Litigation pursuant to Government
Code Section 54956.9(a) - Name of Cases: City of Saratoga v. TCI of
Cleveland, Santa Clara County Superior Court; City of Saratoga v. Hinz,
Santa Clara Superior Court No. CV 784560.
2. Public Employment pursuant to Government Code section 54957 - Title: City
Manager (Interviews)
MAYOR'S REPORT ON CLOSED SESSION
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REGULAR MEETING/CALL TO ORDER - 7:00 p.m. in the Civic Theater/Council Chambers
at 13777 Fruitvale Avenue.
PLEDGE OF ALLEGIANCE
ROLL CALL
o
CEREMONIAL ITEMS
A.
B.
Proclamation - Science Fair Week on March 13 - 19, 2000
Proclamation - Earth Day on April 22, 2000
Page lof6
City Council Agenda
February 16, 2000
REPORT OF CITY CLERK ON POSTING OF AGENDA - Pursuant to Government Code
54954.2, the agenda for this meeting was properly posted °n February 11, 2000.
COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC
Oral Communications 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 from discussing or taking
action on such matters. However, the Council may instruct staff acc0rdingly
regarding Oral Communications under Agenda Item No. 8.
Be
Communications from Boards and Commissions
1. Recommendation from Saratoga Business Development Council (SBDC) for
City to provide assistance with preliminary activities in connection with the
proposed Downtown Performing Arts Theater project.
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C. Written Communications - None
CONSENT CALENDAR
The consent calendar.contains routine iterr~ of business separated into three sections. Items
for each section will be acted upon in one motion unless they are removed from the Consent
Calendar for discussion. Previously discussed items in Section A have already been
considered by the City Council at a prior public hearing, which was eventually closed.
Those items arc not subject to further public discussion at this meeting because the vote
taken at the previous meeting was final. Resolutions in Section A arc for thc purpose of
memorializing the decision to assure the accuracy of thc findings, the prior vote, and any
conditions imposed. New items in Section B do not require a presentation from staff
unless the Council removes them for discussion, at which time staff may provide additional
information if requested. Claims against the City identified in Section C will be presented
by staffphor to the Council's vote.
City Council Agenda:.
February 16, 2000
Previously Discussed Items ..,~
1. Resolution adoPtihg ~'''' ~: ' ": ' ~ ~ :: ':" ~ '?~ ~'~' '
a Negative Declaration m connection with Azule Crossing
Inc. at 12312 Saratoga-Sunnyvale Road. (Approved by City Council on 2/2/00)
Recommendation: Adopt Resolution ....... :: '%,~ ~?-
2. Resolution approving Tentative Map No. SD 99-005; Azule 'C;~ss~ng .Inc.:
123'12. Saratoga, Sunnyvale ;Road. (Approved :. ,by : City. Council on 2/2/00)
Recommendation: Adopt Resolution.
3 < Resolution. approving. Use, Permit :No. ~ 99-0!8; Azule Crossing. Inc. at 12312
· Saratoga, Sunnyvale Road, ~(Approv, ed by-CiW Council on 2/2/00).
Recommendation: Adopt Resolution. ...: ..; .. .. .... . ~-: . ..
Resolution approving Design-ReView No. DR 99-037; Azule Crossing Inc. at
!231~2 Saratoga Sunnyvale Road. (Approved by City Council on 2/2/00)
Recommendation: Adopt Resolution.
New Items
1. Planning commission actions of February 9, 2000.
Recommendation: Note and file.
Approval of Check Register
:Recommendation: Note and file
3. -Memo authorizing publicity for March 1, 2000 Public Hearing item: Consider
adoption of an interim ordinance prohibiting for up to two years the approval of
~. non-commercial ~development projects,on .lands: ~ith~:a Commercial:land use
designation in the General Plan (including lands designated in the General Plan
as Retail Commercial, Professional Administrative, Gateway Landscaping, and
'. Planned.I)evelopment; affected zoning districts.include C-N, C-V, C-H, and
P-A).
Recommendation: Approve noticing as recommended by staff.
Page 3 of 6
City CouncilAgenda
February 16, 2000
w
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4. Report fi-om City Clerk regarding upcoming vacancies in the Heritage
Preservation, Public Safety and Youth Commissions.
":"" Rec0mmer~_ilalf0h:' m,~e the'- o§ed:schedule. -.-'
';: :~2- v ~.- -.-- ' :-. :-,:
C. Claims Against the City - None
If you challengea decision of the City Council pursUant to a public hearing in court, you
may be limited to raising only those issues you or someone else raised at the public
hearing(s)~ described: in this agenda,. ,.0r.::.in ~writlen: correspondence, delivered, to the City
Council at, .or prior to, the:public.he .aring...
A. Ordinance designating .the Hyde House at 11995 Walbrook Drive as a Historic
Landmark (I-IP-24, Rodenberg)
Recommendation: '.1) -Waive, the reading, of the.Ordinance' in ;its entirety and introduce
by title only.
OLD BUSINESS'
A. ResOlution of Endorsement
Recommendation: Adopt Resolution.
', ~ .(.~ ~':?.: .i~ ;:' . ."~ :. :..;' : ,~.:.~,~ ~.
for Measure N {Library Bond).
e
BusINEss "-
NEW ........
A. Contract for Interim City Clerk.
Recommendatioii>:: ,Authorize,the,City:Managef:.to Sign acontract with'the Interim
City Clerk;' and~ip~rove a Resolufion~inci-~aSing:appr0priati0ns in:the City' Clerk's
program:bikdget tO fund the .Interim City Clerk.
Page 4 of 6
City Council Agenda February 16, 2000
Recommendation: Receive rePorts'~0~ staff and provide direction.
ORAL coMMUNIcA~IoNs'(c°ntin~d)"~nd:in~'tru~cti6ns 'to' staff regarding ai/tions
on current oral communications.
e
APPROVAL OF ~TES ~ote: Ci~ A~omey may be excused at t~s point if no
Adjourne'd meetini'~f January'25, 2'0'00
Recommendation: ,Approve minutes.
. : . 'i" ' '~'' ' - '" ' . 'i,.,:.: ' - ~ ·
Regular meeting of February 2, 2000
Recommendation: ~ Approve minutes.
CITY COUNCIL ITEMS
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 next adjourned
regularmeeting. - The next adjourned meeting is not until March 21, 2000.
B. Other
Page 5 of 6
City Council Agenda
February 16, 2000
CITY MANAGER'S REPORT
12.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate
in this meeting, please contact the City Clerk at (408) 8fi8-12fig. Notification 48 hours prior to the
meeting will enable the City to make reasonable arrangements to ensure accessibility to this
meeting. [28 CFR 35.102-35.104 ADA, Title II].
Page 6 of 6
SARATOGA CITY COUNCIL
ExECuTIVE SUMMARY NO.
· MEETING DATE February ,16~2000
ORIGINATING DEPT. Ci.ty·Manager
AGENDA ITEM
: CITY MANAGE,
', :PREPARED BY: City Clerk
· - .;~i~i. !:.. ~,!'.:~' ~ :.~' ~~ ' ~ .' ·
SUBJECT:
Ceremonial Items - Proclamations
RECOMMENDED MOTiON(S):· .pr6'sent the..~-ocl'filmttions. '
REPORT SUMMARY:
Attached are the Science Fair Week (i'ecipient will be Bob B~llner) and Earth Day (recipient will
be Sandy Farley) proclamations for your presentation. The City has supported these events in the
past.
Note: The recipients have ·been notified and have confirmed their attendance at this meeting.
FISCAL IMPACTS: None
CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S): Proclamations
will not be presented. ' ., ' ..
ALTERNATIVE:ACTION(S): None
FOLLOW UP ACTIONS: None (unless recipi~ents are absent, in which case the proclamations
will be mailed to their respective offices). -'~
ADVERTISING, NOTICING AND puBLIc CONTACT: None
ATTACHMENTS: Two proclamations
Page loll
Cit . of. Sa atoga
PROCLAMATION
' · W/IEREA$, a ~reup-of dedicated citizens and educators will be
producing an e~citing Science ;and.- Engineering-Fair the 15*~ and 16"
of March~ 2000;, and
WHEREA$~ this Science and Engineering Fair will be held for
the benefit of our y0ungpe0Ple, their parentg'and teachers, in order
to stimulate interest'in the various aspects of the Sciences; and
WHF, REA$, this event will direct public attention towards the
fields of science and -engin~ring.by se_.t_._ting aside a time for creative
participation on the part of all interested students; and
. NOW,. THF-.,R~FOR~, I, Stan Bogoslan, Mayor of the citY°f
Saratoga, do hereby proclRtm the week of March 13ta through March
19ta~'2000 u -' ":
$CIENCE FAIR WEEK"
'within our City and hereby urge all residents, particularly young
people, to take part in the observation of this event through their
active participation.
STAN BOGOSIAN, MAYOR
': ,..,. . PR OCL TION
WHEREAS, a soUnd.natui~l eni~h~onment'~is th® foundation' of a
~healthysociety and a robust, economy; .and ....
WHEREAS, human activities around the globe are causing
severe environmental d~_~-ge that threatens human health and our
'~lanet's ability to sUst-~,~~ a 'diverse ~ommunity of life; and
· :' ' ~'.' i : J'~ . ~ " . '":!",'.-' ....~i~'f!: - ' ' ' ~
.... WHEREAS;' the kn'owle'dge of Ways'to' live in harmony with Our
environment and methods and technologies to accomplish this end
already exist; and
.WHEREAS, local communities can do much to reverse
environmental degradation and contribute to building a healthy
society bY addreksin, g issues such as' ~nergy use, transportation,
waste prevention, and sprawl; and
WHEREAS, there are sound .economic, environmental, and
social reasons for local governments to initiate energy efficiency and
reneWable energy practices; and
WHEREA'$, the turn of the millennium is a symbolic time in
-' which to accomplish dramatic change in our relationship' to the
environment; and
wHEREAs, Earth Day 2000 offers an unprecedented
opportunity to commit to building a .healthy planet, flourishing
cOmmunities, and'empowered citizens;
' THEREFORE, let it be known that the city 10f saratoga
recognizes April 22, 2000 as EARTH D,4Y and commits itself to
undertaking, programs and 'projects thatenhanCe the .communit~s
natural environment;and
"'FURI'~r°~'~I~MORE, let it'be i~own that the city of Saratoga
· hereby encourages its residents; businesses and institutions to use
.F-,~lRl'/fD~lYto celebrate the Earth and Commit to building a'
sustainable society; and
:..~.., FUR. TIIERMORE, let it be known that.the City or,Saratoga.,
co .mhd_ts to supporting .the Earth Day~Network's Earth Day 2000
campaign by endorsing the Clean Energy. Agenda and undertaking
progr~ms~ that further the clean and efficient use of energy within its
, ~ . . i.., .ST .AN..BOGOSIAN, MAYOR
SARATOGA CITY COUNCIL
MEETING DATE: February 16, 2000 CITY MANAGER:
ORIGINATING DEPT.: City Manager .... PREPARED :BY:
SUBJECT: Request from SaratOga Business DevelopmentC0uneil for Ci~ assistance'with
development of a DOwntown Performing Arts Theater. ' ''~ .... ~'
RECOMMENDED ACTION(S):
Consider the request from the SBDC and determine what level of support and assistance, if any,
should be given by the City for the project.., ..
REPORTSUMMARyi' "' '
At your meeting, Ken Caner of the Eagle, Wing Theater Board will present an..u, pdate on his
group's efforts to develop a 250 - 300 seat performing arts theater in Saratoga Village. Mr.
Carter has been pursuing this project for several years now and is ready to proceed with
preliminary activities that would lead:to the submittal of an application to the.City's Community.
Development Department. The preferred site in the village is the historic Sam Cloud Hay &
Feed Warehouse located at 20640 Third Street (Turkey Track Lane) in front of the Saratoga Inn
and in Village Parking District No. 3. Ultimately, Eagle Wing Theater envisions producing eight
performances each year running five weeks each~-~along with several festivals.
While the Theater Board has been negotiating the acquisition of the property for the past year, a
recent appraisal of the property has created certain financing difficulties for them. Although it
may be possible to overcome these difficulties if the Theater Board can secure certain
development guarantees from the City, the Board is'reluctant to spend its limited resources
pursuing a development application through the City given the uncertainty of the outcome.
Instead, the Board is now exploring other potential venues in and around the City.
At the January 25 meeting of the Saratoga Business Development Council, Mr. Carter provided a
status report on the project. Because the SBDC strongly believes:that-the Third St~:eet location
has the greates{~potential to 'stimulate ec0h0rniC activity in the Villag6i they are'i'equesting the
City assist the Theater Board (a non-profit entity) with the preliminary steps in the planning and
development review process to minimize the financial risk to the Board. In particular, the SBDC
believes that the City should assist with completing the traffic and parking studies that will be
needed to evaluate the project, and to defer application processing fees until after a project is
approved. Once a project is approved, the Theater Board should then be able to work through the
financing obstacles caused by the appraisal and reimburse the City for its up front assistance.
I anticipate that Mr. Carter and several members of the SBDC will be in attendance at your
meeting to speak further about this request. Additionally, Councilmember Mehaffey, the
Council's SBDC liaison, can provide further details as well.
FISCAL IMPACTS:
Unknown at this time and would depend on what assistance, if any, the Council would be willing
to provide to Eagle Wing Theater. Presumably however, if a project is eventually approved at
the Third Street location, any costs 'advanced or fees deferred would be recouped by the City.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
The City would not assist with any of the preliminary planning activities in connection with the
Third Street location, and Eagle Wing Theater would not likely pursue-d~velopment of the
project.
ALTERNATIVE ACTION(S):
None that are apparent.
FOLLOW UP ACTION(S):
Depends on the Council's decision.
extent authorized by the Council.
Staff will proceed to work with Eagle Wing Theater to the
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
None.
' sARaTOGA .CITY COUNCIL
EXECUTIVE SUMMARY. NO~-: ....... : :~ .~ ~?: AGENDA'~ITEM:
MEETING DATE: ,February 16,2000,~ .' ' .~ .... CITY MANAGER:
ORIGINATING DEPT.: CITY MANAGER PREPARED BY: Ci.ty Clerk
SUBJECT:
RESOLUTIONS ADOPTING ANEGATIVE DECLARATION AND
APPROVING SD 99-005, UP 99a018AND DR 99-037 (AZULE CROSSING,
INC., 12312 SARATOGA-SUNNYVALE ROAD. (APPROVED BY CITY
COUNCIL ON FEBRUARY 2, 2000).
';RECOMMENDED ACTION(S): Adopt th~ Resolutions.
REPORT SUMMARY:
Attached are four (4) resolutions memorializing the findings for the approval of the Azule
Crossing, Inc. applications as referenced above, and the adoption of its Negative Declaration.
These resolutions were prepared by the City Attorney and arebefore you for adoption.
FISCAL IMPACTS: None
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The
Resolutions will not be adopted and the findings for the approval of the project will not be
· memorialized.
77
ALTERNATIVE ACTION(S): None, unless otherwise recommended.
FOLLOW UP ACTION(S): Provide copy of the fully executed resolutions to the applicants.
ADVERTISING, NOTICING AND PUBLIC CONTACT: None
ATTACHMENTS: Subject resolutions.
II.
III.
IV.
VI.
RESOLUTION NO.
RESOLUTION or T ~HE, C1TY COl~, Cra.Or SARA~TOGA
ADOPT. INCA NEGATIVE DECLARATION
Azule Crossing; 12312 Saratoga-Sunnyvale Road
The Cityof Saratoga initiated conSiderati6n of the"'~ul~ CrOssii/g Project consisting of'
the following applications: SD-99-005,-UP-99:018~ i~id DR-99 O37 (cOllectively referred
to hereinafter as the "Project"). .,~:
A Negative 'Declaration (ND)'was preparei:l-for ~e' project by'the' City of Saratoga, -'
pursuant to the requirements of the Cali'fornia'Env~6nmental Quality Act (CEQA, Public
Resources Code sections 21000-2.1177), CEQA-GUidelines, and City' CEQA
requirements.
The ND was circulated for a public reviewperiod ending on February 2, 2000.
The ND indicates that no Significant adverse environmental impacts will result from the
Project. '
On December 15, 1999, January 19, 2000, and February 2, 2000 the City Council
conducted a duly noticed public hearihg On th6 adequacy of the ND at which oral and
written comments and astaff recommendation f6r approval of the ND were presented to
the City Council. The City Council reviewed and considered the information in the ND,
administrative record, and Staff Reports for completeness and compliance-with CEQA;
the CEQA Guidelines, and City CEQA requirements.' ' .-"
THEREFORE, BE IT-RESOLVED that the City Council hereby makes~ the following
Notice of all City Council tiearing~ron:the ND'was given as required by law-and"
the actions Were conducted pursuant to CEQA, theCEQA'Guidelines, and local
City requirements; and:
All Interested Parties desiring to comment onthe ND were given'the oppommity
to submit oral and written ~omments on the adequacy of the ND Prior to this
action by the City Council; and
3. All comments raised during the public comment period and at the public hearings
., on the ND were responded to adequately; and
~4.- ":., Analys~s qfthe~ chafiges to fliP ProJect subsequent to preparatl0n of the ND'
':" ' ' de~ii°'nstrate~;th~ii:th6s~e dh~es do not raise any new issues about the significant
.... effects of.the ~r~oject on-the.environment; and
VII.
5. The City Council was presented with and has reviewed all of the information in
~'the'admini~ffafive recorC~i arid .............. ~:' '~" ~ .... ·
has been completed in compliance with the intent and 'requirements of
CEQA, CEQA Guidelines, andre City's CEQA requirements, and the ND
"repre§entS theCity Council's in~lependeht jud~ent. The City Council has
coh~idered the"~n~ormation cOfitain~d'in th~'ND 'anal'the reCordin considering the
Project. and r :e!g[~aCtions; and
7. BaSed' on'~e i~nti~'"i-ecord 0fthi§ ifiatt~, thei!e i~ 'n° evide~e that the'Project' Will
h//ve a 'significant effect: On theenwronment;: '~: .....
constituting the record of proceedings upon which this City
Council's d~Cision is based '~e 16cat~d in the'city of Saratoga Department of '" '
Co ~nuln~. urdty DeveloPme. nti~d are maintained by the Director of that DePartment.
BE IT FURTHER RESOLVED that the citY Council hereby adopts the Negative
Declaration. ~ '
PASSED AND ADOPTED by the City Council of the .City of Saratoga,
State of Califomia,'this 1~th '~lh~: 6f Febru~,'2000, by the follOwing vOte: ·
AYES: " "': '~ ..... : ~'' '"' .... -
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
RESOLUTION NO;
REsoLUTION~'OFTI'[E CITY cOUNCIL OF SARATOGA
· ~ 32PPROVING ~TENTATIVE MAP NO.- SDr99-005
:~:~ Azule Crossing; i2~2 sarai°ga~S~n~yvali~ R°ad'''
.WItEREAS,':~ursUa~t't0 the SubdiVision Map Act Of the' state of California and the
Subdivision Ordinance Of thh"'City °fSaratoga an application was made and subsequently modified
to the City 0f Saratoga for Tentative Map approval of 20 residential lots plus one private street and
one commercial lot, all as more particUlarlY Set"i'°rth in File No. SD-99-005 of this City per the
revised exhibit marked "Exhibit A" and presented at the Ci~ Council meeting of February 2, 2000;
.} .... b:' ' '~ :/,-~.;" '- , .-. '.
WHEREAS, following consideration and approval of the subdivision by the Ad.visory
Agency on November 10, 1999, review of that decision was initiated by the City Council of the
City of Saratogain accordance'With section 2-05.030 of the Saratoga City Code; and
WHEREAS, the City coUncil c0hdu~ted a de' novo ptlbiic hearing on the matter at which
~ time any person interested in the matter was given the full opportunity to be heard and to present
'evi.dence on December 15, 1999 and..qonsidered and denied the proposed subdivision folloWing said
q~eari~d voted pn January.. ~5, 2000, pu~uant to'section 2-10.110(0(2) of the Saratoga City Code,
· .th' recor~ider said denial on January 19, 2000; and
WHEREAS, the City Council conducted further public hearings .regarding th~ proposed
subdivision on January 19, 2000 and Februar
WHEREAS, the City Council considered various modifications to the proposed
subdivision proposed by the applicant in plans submitted February 2, 2000 showing 20 residential
lots plus one private street and one commercial lot, all as more particularly set forth in File No. SD-
99-005 of this City; and -
WHEREAS, the City Council reviewed and considered the staff report, minutes of
proceedings conducted by the. Planning CommiSsion relating to the application, and all written and
oral evidence pi~esented t° the City Council in support of and in opposition to the application.
WItERI}AS,'the City Council has here~bfore received' and adopted the envir°nment~l
Negative Declaration prepared for this project in accord With the currently applicable provisions of
CEQA; and ~ ~ -
WHEREAS, the Advisory Agency and the City Council have conducted duly noticed
public hearings in connection with this matter at which time all interested parties were given a full
oppommity to be heard and to present evidence.
1
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Saratoga. as follows:
"' - · '''- ~;.. ', i~"; ~-.-!-' ::~. ' i~ ~ ' . ' ' , ....
Section 1. After careful conSi~emfi°n 0~the~m~i/terl the City C'~t[ncfl hereby findS that: :~ ,~
The proposed subdivision as modified (all subsequent references to the proposed
subdivision refer t° the .Propo§~d,i~ubdi~!~it~i a sm0.~fie~~ ~eb~~ 2,: 20.90), ,t0g~ther With
the provisions for its d~.sign and.itiiprovement,, is conSistent with' the Saratoga General' Plhn
and with all specific plans relating thereio;'and' the p3oposed subdivision and land use are
compatiblewith the objectives, polic!es' ,ar~,.~general.!and use and programs specified in such
General Plan, reference 'io'khe staff report 'dated'Ociober 27, 1999, Memorandum dated
November 10, 1999, and s .~taff repon~dated. February ~,~ 2000:.berg hereby made for further
particulars; and
2. None of the conditions s~i f6~ in Subsections (a) through (g) of Government Code Section
66474 exist with respect to said subdivision, and tentative approval should be granted in
accord with conditions as hereinafter set forth.'
Section 2. The Tentative Map for the hereinafter deScribed subdivision, which map is dated
February 2, 2000 and is marked Exhibit "A" with revisionS, in the herein above referred file, be and
the same is hereby conditionally apprOved. The conditionS of said apP~°val a~e as follows:
Prior to submittal of the Final Map t° the, city 'Engineer. for examination, the owner
(applicant) shall cause the property to be surveyed by a Licensed Land Surveyor or an
authorized Civil Engineer. The submitted map shall show the existence of a monument at
all extemal property comer locations, either found oi' set.' The 'submitted map shall also
show monuments set at each new comer location, angle point, or as directed by the City
Engineer, all in conformity with the Subdivision Map Act and the Professional Land
Surveyors Act. , ..... ..
°
The owner (applicant). shall submit four (4) copies of a Final Map in substantial
conformance with the approved Tentative' Map, along with the~:additional docUments
required by Section 14-40.020 0fthe Municipal Code, to the' City Engineer for examination.
The Final Map shall contain all of the information required in Section 14-40.030 of the
Municipal Code and shall be accompanied by 'the' following items:
OnCe o.f map'.cheCki aicuiafionS:-
bo
Preli. ,minarY~.Tifle Rep.og for the property dated within
90 days of'the date of submittal foi? the Final Map.
One cOpy Of each map referenced on'the F!ofl Map..::. ~..: ':i'
d. · "One' copy' of ea}/h document/deed referenced on the Final Map.
2
o
e. One copy of any other map, document, deed, easement or other resource that will
facilitate the examination process as requested by the City Engineer.
The' owner (apPlicant) shall pay a Ma~'~hecking feel a~ je~ermined by the City Engineer, at
the tim submi, the .Ma p
I~te~or .m°nufiients ~hall *be':'~tat 9ach' 10t ~ome~ :either~ :Pi~0r to r%ordation of the Final
Map or some later date t° be' specified on the Final Mapl If the owner (applicant) chooses to
defer the setting of. interior monuments.to a specified la~r date, then sufficient security as
determined by the City Engineer shall be furnished prior to Final Map approval, to
guarantee the setting of interior monuments.
The owner (aPl~iicant) shall'provide Irrevocable Offers of Dedication for all required
easements and/or rights-of-waY on the Final Map, in substantial conformance with the
approved Tentative Map, pn'.'0,r't? Fina! Map. appr. oval.
The owner(applicant)'~h~i'submii' ~ngineered improvement plans to the City Engineer in
conformance with the approved Tentative Map and in,accordance with the design and
improvement requirements of Chapter, 14 of the Municipal Code. The improvement plans
shall be' reviewed and apPmx;ed by the City Engineer and the appropriate officials from
other public agencies having jurisdictional authority, including public and private utility
providers, prior to approval of the Final Map. The following specific conditions shall be
included on ..the imprOvemem p!ansi
a. Saratoga-Sunny!vale Road shall be widened as required to provide a 42 foot minimum
wide paved half street.
b. Appropriate traffic contr6i measures shall be included in the improvement plans for the
purposes 'of limiting commercial devel0pment'' ingress and ~egress onto. Saratoga-
Sunnyvale Road to right mm only.
c. Seagull Way shall be overlaid with 1.5" of Asphalt Concrete fro~ Sarat°ga2Sunnyvale
Road to Zorka Avenue.
ExiSting curb,' gUtter, and sidewalk along Saratoga-sUnnyvale Road and SeagUll Way
within the limits of the subdivision shall be replaced as deemed necessary in the field by
the Public Works Inspector. --~
The owner (applicant) shall pay a Subdivision Improvement Plan Checking fee, as
determined by the Public Works Director, at the time Improvement Plans are submitted for
review.
The owner (applicant) shall enter into an Improvement Agreement with the City in
accordance with Section 14-60.010 of the Municipal Code prior to Final Map approval.
3
10.
11.
12.
13.
14.
15.
16.
17.
18.
The owner (applicant) shall furnish Improvement Securities in accordance with Section 14-
60.020~of the Municipal.Code in He manner and mounts determined by the Public.Works
Director PfiOrii~,Fin~..Map appi-o~h(
The owner (applicant) shall furnish a written indemnity agreement and proof of insurance
coverage, in accordance with Section 14-05.050 of the Municipal Code, prio.r to Final Map
approval.
Prior to Final Map approval, the owner (applicant) shall furnish the City Engineer with
satisfactory written commitments from all public and private' utility providers serving the
subdivision guaranteeing the completion of all required utility improvements to serve the
subdivision.
The owner (applicant) shall secure all necessary permits from the City and ahy other public
agencies, including public and private utility providers, prior to,commencement of subdivi-
sion improvement construction. Copies of permits' other than'those issued by the City shall
be provided to City Engineer. ' '
The owner (applicant) shall pay the applicable Park and Recreation fee prior to Final Map
approval.
Prior to approval of the Final Map, the applicant shall file a Notice of Intent (NOI) with the
Regional Water Quality Control Board to obtain coverage under the State General
Construction Activity NPDES Permit. Satisfactory evidence of the.filing of the NOI shall
be furnished to the City Engineer.
All building and construction related activities shall adhere 'to-New Development and
Construction - Best Management Practices as adopted by the city for the purpose of
preventing storm water pollution.
· Applicant shall deposit a $65,000 cash bond with the City prior to Final Map approval for
funding of one-half the cost of the design and installation of the warranted traffic signal at
the intersection of Saratoga-Sunnyvale Road and Seagull Way. If the cost of one-half the
design and installation is less than $65,000, the difference will be refunded. If the cost of
one half the design and installation is greater than $65,000, applicant will not be required to
make any additional contribution.
The owner (applicant) shall underground all existing overhead utilities along the
perimeter of the subdivision fronting Saratoga-Sunnyvale Road-and Seagull Way.
The owner (applicant) shall install three (3) fire hydrants at-locations to be determined-
jointly by the Fire Department and the San Jose Water Company.: Maximum spacing shall
be 250 feet, with a minimum single hydrant flow of 1500 GPM at 20 psi, residual. If
hydrants exist, reflect their location on the civil drawing included with the building permit
submittal. Required fees to be paid ASAP to prevent engineering-delays. Prior to design the
4
19.
20.
21.
22.
23.
24.
25.
26.
project civil engineer shall meet with the fire deParlxnent water supply officer to jointly spot
the hydrant locations.
Required Fire Service and Fire Hydrant installations shall be installed tested and accepted
by the Fire Department, prior to the start of framing. Bulk consmaction materials shall nra
be delivered to the site until installations are completed as stated above. Building permit
issuance may be withheld until installations are completed.
Prior to project final inspection, the general contractor shall ensure that a "Blue dot" has
been placed in the roadway as a Fire Hydrant Location Identifier, as directed by the Fire
Department.
Fire access roads shall be paved in all weather surface with a minimum unobstructed width
of 20 feet vertical clearance of 13 feet 6 inches, minimum circulating taming radius of 36
feet outside and 23 feet inside. Installations shall conform with Fire Department Standard
Details and Specifications A-1.
The required width of fire access roadways shall not be obstructed in any manner. Parking
shall not be allowed along roadways less than 28 feet in width. Parking will be allowed
along one side of the street fer roadways 28-35 feet in width. For roadways equal to or
greater than 36 feet parking will be allowed on both sides of the roadway. Roadway widths
shall be measured face to face of curb. Parking spaces are based on an eight foot wide
space.
Required driveways and/or access roads up through first lift of asphalt shall be inspected and
accepted by the Fire Department prior to the start of construction. Bulk combustible
materials shall not be delivered to the site until installations are completed as stated above.
Building permit issuance may be withheld until installations are completed.
Provide marking for all roadways within the project. Markings shall be per Fire Department
specifications. Installations shall also conform to Local government Standards and Fire
Department Standard Details and Specifications A-6.
The applicant shall install a PCC bus stop pavement pad (9' by 50') for the length of the bus
stop consistent with VTA Bus Stop Pavement Details (Figure 26 and Technical
Specification)
The existing 5-foot wide sidewalk should be widened to 10 feet along South Saratoga-
Sunnyvale Road for the area between the intersection Saratoga-Sunnyvale Road/Seagull
Way and approximately 12 feet past the existing tree in the sidewalk. An area of
approximately 3 feet on either side of the tree can be left unpaved in order to provide
adequate space for the tree. This should result in a continuous concrete area of about 20 feet
north of the tree and another area about 9 feet south of the tree. This should allow sufficient
space for a passenger waiting area for both doors of the bus.
27.
28.
29.
A wheelchair curb ramp at.the.inte~e.ction-of Sou~S .a~..~.toga-Sunnyvale Road and Seagull
Way shall be installed in cornPlianck with the Amei'icafig with Disabilities Act (ADA)
pedestrian access standards. A pedestrian signal phase and a crosswalk should also be
considered for this intersection. : :::' ..~ "
. ~ ~ ?, ~ ,:,:
Th~ applicant shall provide-th'~~ i~'ity with evidence of an easement agreement between the
property~ owner and,the .Southern Pacific Railroad ~for~-the: ~tinued ~e'.,p£.the ~qa~d
property now being used'as on site parking.
Subdivision construction hours shall be restricted between 7:30 a.m. and"6:00 p.m., Monday
through Friday, except in the event of an emergency which imperils the public safety. The
City Engineer may grant an exemptiOn'upon his/her detonation Of an emergency. No
construction work shaJ:! be.. p.e,,rmi~ 'a~e~ on,leg.a[ho!~ys,:' ,:,....
30.
The owner (applicant) shall, upon the City's request, defend, indemnify and hold the City
and its officers, officials, boards; commissions, 'employees and volunteers harmless from
and ~.t ~any claim,, action or proceeding to attack, set aside, void or annul this approval,
or any of the proceedings, iicts 0r'determin~tions' taken, done or made prior to such approval,
which is brought within the time specified in Sec. 14-85.060 of the Municipal Code. If a
defense is requested, the City .shall give prompt notice to the applicant of any such claim,
action or' proceeding, and shall cooperate fully in the defense thereof. Nothing herein shall
prevent the City fi.om participating in the defense, but in such event, the City shall pay its
own attomey's' fees and costs.~ · ' ': .... "
31.
Noncompliance with any of the conditions of this permit shall constitute a violation of the
permit. Because it is impossible to estimate damages the City could incur due to the
violation, liquidated damages of $250 shall be payable to this City per each day of the
Violation., :
32.
All applicable requirements of the State, County, City and other Governmental entities must
Section
this approval will. expire.~. , ~.. ,
/
/
/
/
/
/
/
/
/
/
/
3. All of the foregoing Conditions must be completed within twenty~four (24) months or'
PASSED AND ADOPTED by the City cc~Uncil of the City frS...am,toga, State of California,
this 164 day of February, 2000, by the following vote: , ?
AYEs:
NOES:'
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
7
.........I~-SOLUTION NO. · ...............
.... RESOLUTION'oF THE CITy CouNCIL OF S~ARATOGA
:~';'~' ' -' :'' ":AppROvING'usE' PE"~T NO;:'UP-9920i8
- : Azule Crossing; 12312 Saratoga-Sunnyvale Road
WItEREAS, ~the City of Saratoga has received an application and sUbsequent
modifications to said application for Use Permit approval to allow a 20 unit residential
development in a Commercial Neighborhood (CN).zo, ,l~ g .district, all as more particularly set forth
in File No. UP-99:018 0fthis City per the revised exhibit m~ked "EXhibit'A" and presented at the
City Council meeting of February 2,'2000; and'~ '-' ' :" ': ......
WHEREAS, following, consideration and approyal of the proposed use permit by the
Planning Commission on November 10: 1999, review 'iSf:that deci~ior/was initiated by the City
Council of the City of Saratoga in accordance with section 2-05.030 of the Saratoga City Code; and
WHEREAS, the city council conducted a de nov0 public hearing on the matter at which
time any person' interested 'in the mattef"Was given the full 'opPortunity to' be'heard and to present
evidence on December 15, 1999 and considered and denied the proposed use permit following s3;id
heating and voted on January'5, 2000, pursuant t° Section2zl0.110(0(2) ofthe Saratoga' City' COde,
to reconsider said denial on Januai3, 19, 2000; and'
WHEREAS, the City Council conducted further public hearings regarding the proposed use
permit on January 19, 2000 and February 2, 2000; and
WHEREAS, the City coUncil considered various modifications to the proposed use permit
proposed by the applicant in plans sUbmitted February 2, 2000-showing 20 residential lots plus one
private street and one commercial l&, all' as~haore particularly'set forth in'File No.' UP,99-O18' °fthis
City (all further references to the proposed use permit refer to the proposed use permit as shown 'in
materials submitted February 2,'. 2000); and' "-' "-' ,' · ~ : ' ..... ". ~' ': , -:
WHEREAS, the City Council reviewed and considered the staff report, minutes of
proceedings conducted by the Planning Commission relating to the application, and all written and
oral evidence presented to the City Council in support of and in opposition to the application.
WHEREAS, the City coUncil has hefeiofore received and adopted the environmental
Negative Declaration prepared for this project in accord with the currently applicable provisions of
CEQA; and
WHEREAS, the Planning Commission and the City CoUncil have conducted duly noticed
public heatings in connection with ~,this matter at which time all interested parties were given a full
oppommity to beheard and to present evidence.
1
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Saratoga as follows:
Section 1. After careful consideration of the matter, the Ci~ Council hereby finds:
Th0t the proposed residential development is in accord' with 'the objectives of the Zoning
Ordinance and the purposes of the CN zoning district in that the property is 'constrained by
it's linear configuration and can only feasibly'sUpPort commercial use on the front half of
the property. Further, by developing the rear of the property with small lot single-family
units the :City is able to provide an'alt~rrmtix/e' housing stock and a transition between the
commercial uses on: Saratoga-Sunnyvale and the lower density residential uses on Seagull
Way.
That the proposed residential development is consistent with the General Plan goals and
policies in that the project:
· Does not exceed the maximum density standard for residential development in
Commercial districts.
· Does not exceed the~ maximum building coverage standard for residential or
commercial development in Commercial districts.
· Preserves and enhances the residential character of the Seagull Way neighborhood
while also preserving the commercial character of Saratoga-Sunnyvale Road.
That the proposed residential development and the conditions under which it would 'be
maintained will not be detrimental to the public health, safety or welfare, nor materially
injurious to properties or improvements in the vicinity in that appropriate conditions have
been placed on the project to minimize potential impacts.
That the: proposed mixed-use development will comply with each of the applicable
provisions of the Zoning Ordinance with the exception of the commercial building's 26 foot
height, which exception is hereby permitted in accordance with section 15-55.030 of the
Saratoga City Code.
Section 2. After careful consideration of the site plan, and other exhibits submitted in connection
with this matter, UP-99-018, the application of -AZ~le Crossing for Use Permit apProval be and the
same is hereby granted subject to the following conditions:
The prOposed project shall be as shown on the approved plans, Exhibit "A" and Exhibit
"B" with revisions, incorporated by reference.
Applicant shall submit, for review and approval by the Director of Community
Development, a revised final architectural design of the commercial building.
2
Applicant shall submit, for. review anO. appr0, val._.~b.,.y:: .the. Director of Community
Development, a feasibility study for installation of an elevator in the commercial
building and shall include an elevator in the final plans for the commercial building if
such inclusion is determined to be feasible.
~4. All conditions of the Resola~i'on~approving SD-99-005 & DR-99-037 shall apply.'
5.' ": ':':':' N0nc0mplian~e"~th-any of the conditions-~i;'thii t~hfdf ~hall congti~i~'fi violafiOh"o'f
..... ' the permit. Because it lis impossible to estimate dam.age the City could incur due to the
-'--.'~'-violationj'tiquidate~l'damages'"of $250 sh~l~be payable"to the~. City per ~actf' day of the
violation.
6.'-" All applicable requirements of the' State, County, City and other governmental entities
. - , must be met: .....i .~. ~i .:': .....
Sedtion 3: A Building Permit must be issued and construction commenced, or a certificate of
· occupancy issued, within 24 months fi.om the date of adoption of this Resolution or approval will
- .5~-gtYES:.
PASSED AND ADOPTED by the City Council of the City of Saratoga, State of California,
thi : 6?-day of ebru ., 2000, by me following vote:
NOES:
ABSENT:
ABSTAIN:
Mayor
City Clerk -~,,; ........... ?': .' x '
......................................... :-RESOLUTION_NO ................................................
~SOL~ION OF ~'~ CO~C-m~F S~TOG~.
....... ' ...................... ~PRO~GD~SI-G~:~W NO~. DR2~9'~3~
~nle Cross.g; 12312 Samtoga-Snnn~ale Road
WHEREAS, .the City of Saratoga Planning Commission received an application arid
subsequent modificatio~:.to said application for Design Review approval to construct 20 residential
units and remodel and expand an existing commercial building approved at a 26 foot height on a 3.9
acre parcel located in the':'Commercial Neighborllood zoning district, all as more particularly set
forth in File No. DR-99-0037 of this City per the revised exhibit marked "Exhibit A" and presented
at the City Council meeting of February 2, 2000; and
WHEREAS, ,,.f01!9,.wing considerafion~ ~d approval of the proposed Design RevieW
approval by the Planning'Commission on November 10, 1999, review oft hat decision was initiated:
by the City Council of the City of Saratoga. in accordance with section 2-05.030 of the Saratoga City,
Code; and '
WHEREAS, the .City Council conducted a de novo public hearing on the matter at which
time any person interested::in-the matter was given the full opportunity to be heard and to present
evidence on December t 5, 1999 and considered and denied the Design Review approval following
said hearing and voted on_January 5, 2000, pursuant to section 2-10.110(f)(2) of the Saratoga City
Code, to reconsider said denial on January 19, 2000; and
WHEREAS, the City Council conducted further public hearings regarding the proposed
Design Review approval on January 19, 2000 and February 2, 2000; and
WHEREAS, the City Council considered various modifications to the proposed use permit
proposed by the applicatlf in plans submitted February 2, 2000 showing 20 residential lots, plus one
private street and ope commercial lot, all as more particularly set forth in File No. DR-99-037 of
this. City (all further references to the proposed Design Review approval refer to the proposed
--. design as shown.in. materials submitted February. 2c2000);~and ........................ · .........
' :": 'WI-IEREASi--~te -.City...-Couneil~n~:Vic43v~l and-eonsid~/?ed-~the staff, repom-.minutes'.-of;.~.:
proceedings condUCted by the Planning Commiss-ibn relating to the application, and all written and
.. oral evidence, presented. ...'t°. the City Council in support of and in opposition to the application.
WHEREAS, the City Council has heretofore received and adopted the enviro~..,ep.,.,~:
'Negative Declaration prepared for this project in accord with the currently applicable provisiiS~!.:~5'
- -,~.~F~.A;,and ..... ,. .......................... . _
WHEREAS, the Planning Commission and the City Council have conducted duly noticed
public hearings in connection with.this matter at which time all interested parties were given a full
oppommity to be heard and to present evidence.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Saratoga, as follows:
Section 1. After careful consideration of the matter, the City Council hereby determines that the
applicant has met the burden of Proof required to support said application, and the following
findings have been determined:
o
°
o
The height, elevations :and placement on the site of the proposed residences, when
considered with reference to: (i) the nature and location of residential structures on
adjacent lots and within the neighborhoods; and (ii) community viewsheds will avoid
unreasonable interference with views and privacy, .in that the proposed residences meet
the same minimum setback requirement for rear yards, that applies to homes in the
adjacent neighborhood, and are also limited to the same maximum height of 26 feet.
The natural landscape Will be preserved insofar as practicable by designing structures to
follow the natural contours of the site and minimizing tree and soil removal; grade
changes will be minimized and will be in keeping with the general appearance of
neighboring developed areas and undeveloped areas, in that the trees along the perimeter
of the property will be maintained in order to provide a screen between the neighboring
properties and the development, and the amount of grading is limited to the amount
necessary to accommodate the structures foundations.
The proposed residences in relation to structures oh"adjacent lots, and to the surrounding
region, will minimize the perception of excessive bulk and will be integrated into the
natural environment, in that the structure's design incorporate elements which articulate
the elevations to minimize the perception of bulk and integrate the residence into the
surrounding environment.
The residences will be compatible in terms of bulk and height with (i) existing
residential structures onladjacent lots and those within the immediate neighborhood and
within the same zoning district; and (ii) the natural environment; and shall not (i)
unreasonably impair theilight and air 0.f adjacent properties nor (ii) unreasonably impair
the ability of:adjacent !properties to utilize solar energy, in :that the 'height of the
residences are compatible with surrounding residences in the neighborhood.
The proposed site development or grading plan incorporates current grading and erosion
control standards used by the City. '~
The proposed:residence will conform-to each of the .applicable design policies and
techniques set forth in the Residential Design Handbook and as'.required by Section 15-
45.055. i
2
Section 2. After careful consideration of the site plan, architectural drawings, plans and other
exhibits submitted in connection with this matter, the application of Azule Crossing for Design
Review approval be and the same is hereby granted subject to the following conditions:
o
· The development shall be located and constructed as shown On Exhibits "B" and "C", with
revisions, incorporated by reference.
All conditions of Resolutions approving SD-99-005 & UP-99-018 shall apply.
Prior to submittal for Building or Grading permits, the following shall be submitted to
Planning Division staff in order to issue a Zoning Clearance:
ao
bo
Four (4) sets of complete construction plans incorporating this Resolution as a
separate plan page. :
Four (4) sets of engineered grading and drainage plans,' also incorporating this
Resolution as a separate plan page.
c. The plans shall indicate that there will be no more than one wood burning
fireplace in each of the residences and the wood buming fireplace shall be equipped
with a gas starter.
d, A revised col6r and materihi board shall be submitted for the commercial
- -building emphasizing darker earthtone colors
No fence or wall shall exceed six feet in height and no fence or wall located within any
required front yard shall exceed three feet in height.
5. No structure shall be permitted in any easement.
o
No ordinancF size tree shall be removed without first obtaining a Tree Removal Permit with
the exception of those trees shown to be removed shown in the Arborist report and map.
All reqmrements of the City Arborist's Rqp~ ort dated August 31, 1999 shall be met. This
includes, but is not limited to:
ao
Prior to issuance of a Zoning Clearance the site and grading plans shall be revised to
indicate the following:
The Arborist Report shall be attached, as a separate plan page, to the plan set
.and all applicable measures noted on the site-and grading plan.
3
o
10.
11.
12.
13.
Five (5) fi. chain link tree protective fencing shown around all trees to be
retained, as recommended by the Arborist with a note "to remain in place
throughout construction."
A note shall be included on the site plan stating that no construction
equipment or private vehicles shall park or be stored within the dripline of
any ordinance protected trees on the site.
b. Prior to issuance of Building or Grading Permits:
Tree protective fencing shall be installed and inspected by staff.
c. Prior to Final Occupancy approval:
The surrounding existing hardscape including the wall at the perimeter of
the property shall be removed by pulling it out or offthe ground and not by
nmning into it with a skip loader and lifting.
Upon completion of the project the City Arborist shall inspect the site to
verify compliance with tree protective measures. Upon a favorable site
inspection by the Arborist and approval by the Community Development
Director the bond shall be released.
All proposed landscaping and .irrigation shall 'be installed prior to issuance of Final
Occupancy Permits...
Early Warning Fire Alarm System shall be installed in all residential units and maintained in
accordance with the provisions of Article 16-60 City of Saratoga.
Early Warning Fire Alarm Systems shall have documentation relative to the proposed
installations and shall be submitted to the Fire District for approval.
Automatic sprinklers shall be installed in all garages.
Buildings requiring a fire flow in excess_of 2,000 GPM or excess of 10,000 sq. fi. (town-
home buildings depending 'on area) sh~ll be equipped throughout with an approved
automatic fire sprinkler system. The system shall be hydraulically designed per National
Fire Protection Association (NFPA) Standard #13, 1994 Edition.
Approved addresses shall be placed on all new and e~isting buildings in such a position as to
be plainly visible and legible from the street or roads fronting the property. Numbers shall
contrast with their background. - ~' .
4
14.
15.
16.
17.
18.
19.
20.
21.
22.
A Fire Department approved key box and appropriate building keys shall be provided.
Installation shall conform with Fire Department Standard Detail and Specifications K-1.
The applicant shall submit a lighting plan for the residential and commercial portions of the
development and a sign program for the commercial building for Planning Commission
approval prior to the issuance of Final Occupancy Permits.
The applicant shall submit a soils report for the proposed project.
Residential units shall have a minimum three foot clearance from property lines or use a one
hour rated fire wall without openings.
The applicant shall provide the City with evidence of an easement agreement between the
property owner and the Southern Pacific Railroad for the continued use of the Railroad
property now being used as on site parking. :;
All building and construction related activities shall adhere to New Development and
Construction- Best Management Practices as adopted by the' City for the purpose of
preventing storm water pollution.
Applicant agrees to hold the City harmless from all costs and expenses, including attorney's
fees, incurred by the City or held to be the liability of the City in connection with the City's
defense of its actions in any proceeding brought in any State or Federal court, challenging
the City's action with respect to the applicant's project.
NoncomPliance with any of the conditions of this permit shall constitute a violation of the
permit, Because it is impossible to estimate damages the City could incur due to the
violation, liquidated damages of $250 shall be payable to this City-per each day of the
violation.
All applicable requirements of the State, County, City and other Governmental entities must
be met.
Section 2.
Construction must be commenced within 24 months or approval-will expire.
5
PASSED AND ADOPTED by the City Council of the City of Saratoga, State of California,
this 16th day of February, 2000, by the following vote: .. '
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
City Clerk
6
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO.
MEETING DATE: February 16, 2000
ORIGINATING DEPT: COMM. DEV.
AGENDA ITEM
CITY MANAGER:
DEPT. HEAD
James Walgren~ Dir.
SUBJECT: Planning Commission Actions, February 9, 2000
RECOMMENDED MOTION(S): Note and file.
REPORT SUMMARY:
Attached is the Planning Commission action minutes of February 9, 2000.
FISCAL IMPACTS: N/A
CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S): N/A
ALTERNATIVE ACTION(S): N/A
FOLLOW UP ACTION(S): N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A
ATTACHMENTS: Action minutes.
CITY OF SARATOGA PLANNING COMMISSION
ACTION MINIrrES
~
DATE:
PLACE:
TYPE:
Wednesday, February 9, 2000 - 7:30 p.m.
Civic Thea~xe, 13777 Fruitvale Avenue, Saratoga, CA
Regular Meeting
ROLL CALL
PRESENT:
ABSENT:
STAFF:
Commissioners Jackman, Kurasch, Page, Patrick, Roupe and Chair Bemald
Commissioner Barry
Director Walgren and Minutes Clerk Swanson
PLEDGE OF ALLEGIANCE
Mmn_rrEs - January 26, 2000
ORAL COMMUNICATIONS
REPORT OF POSTING AGENDA
Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on
February 4, 2000. ..
TECHNICAL CORRECTIONS TO PACKET
CONSENT CALENDAR
PUBLIC HEARINGS
If you challenge a decision of the Planning Commission pursuant to a pUblic hearing 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, Of in written correspondence delivered to the
Saratoga Planning Commission at, or prior to, the public hearing.
V-99-012 (51%0%024) - CONGLETON, 14771 BobJman Road; Request-for
Variance approval to permit a previously constructed six-foot fence where only a
three-foot fence would otherwise be allowed. The site is 1.3 acres and is located
within an R-I-40,000 zoning district. (CONTINUED FROM 1/26/00)
APPROVED 4-2 (COMMISSIONERS JACKMAN AND KURASCH OPPOSED).
PLANNING COMMISSION ACTION MINUTES
FEBRUARY 9, 2000
PAGE 2
Appeal-00-001 (397-07-111) - MARINO, 15185 Quito Road: Appeal of an
Administrative denial of a tree removal permit application to remove five cedar trees.
The parcel is 40,000 square feet (net) and is located within an R-1-40,000 zoning
district.
APPROVED 6-0.
DR-99-048 (503-78-009) - CARSTENS, 22188 Villa Oaks Lane; Request for Design
Review approval to construct a new 6,536 square foot, two-story residence. The
property is 2.5 acres and is located within a Hillside Residential zoning district.
APPROVED 5-1 (COMMISSIONER KURASCH OPPOSED).
V-99-011 (393-45-003) - GHAFFARIPOUR, 13765 Heritage Creek Court; Request
for Variance approval to consUmct a new 441 square foot, attached two-car garage
only one foot from the front.property line where a 30 foot setback is required. The
Zoning Ordinance requires every residence to have a two-car garage and the property
is currently not in compliance. The site is 17,138 square feet and is located within an
R-I-20,000 zoning district.
APPROVED 6-0.
DR-99-051 (503-27-068) - QIAN, 14261 Springer Avenue; Request for Design
Review approval to demolish an existing 1,170 square foot, single-story residence and
· construct a-new'2,787 square foot, two-story residence The maximum height of the
new residence will be 20 feet. The site is 7,492 square feet and is located within an R-
1-10,000 zoning district.
APPROVED 6-0.
DIRECTOR ITEMS
COMMISSION ITEMS.
COMMUNICATIONS,..
WRITTEN
City Council minutes for special joint meeting of January 14 and regular meeting of
PLANNING COMMISSION ACTION MINUTES
FEBRUARY 9, 2000
PAGE 3
January 19, 2000
Notices for regular Planning Commission meeting of February 23, 2000
ADJOURNMENT AT 11:15 P.M. TO NEXT MEETING
- Wednesday, February 23, 2000, Civic Theatre
13777 Fruitvale Avenue, Saratoga, CA
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO.
MEETING DATE: February 16, 2000
ORIGINATING DEPT:' ADMIN. SERVICES
AGENDA ITEM
CITY MANAGER:
DEPT. HEAD:
Mary Jo Walker, Dir.
SUBJECT: Approval of Check Register
RECOMMENDED MOTION(S): Note and file.
,I~EPORT SUMMARY:
7j~. ' g. ttached is the check register for February 1 O, 2000.
FISCAL IMPACTS: N/A
CONSEQUENCES OF NOT ACTING ON RECOMMENDED'MOTION(S): N/A
_ ALTERNATIVE ACTION(S): N/A
FOLLOW UP ACTION(S): N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A
ATTACHMENTS: Check Register Certification
JFund#
A80663 - A80792
Fund Name
1 GENERAL
100 COPS-SLESF
110 Traffic Safety
150 Streets & Roads
160 Transit Dev
170 Hillside Repair
180 LLA Districts
250 Dev Services
· 260 Environmental
270 Housing & Comm
290 Recreation
292 Facility Ops
293 Theatre Surcharge
300 State Park
310 Park Develpmt
400 Library Debt
410 Civic Cntr COP
420 Leonard Creek
700 Quarry Creek
710 Heritage Prsvn
720 Cable TV
730 PD #2
740 PD #3
800 Deposit Agency
810 Deferred Comp
830 Payroll Agency
990 SPF^
Date
2110100
176,686.98
3,984.78
1,787.68
11,748.48
7,559.76
12,084.10
400.00
130.48
Manual
Checks
525.00
Void
Checks
Total
1:98
Subtotal
PAYROLL CHECKS: B25199 - 25234
TOTAL
Prepared by:
JApproved by:
Apr-99
214,382.26
525.00
Date:
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SARATOGA CITY COUNCIL
EXECUTIVE' SUMMARY NO.
MEETING DATE: February 16, 2000
"' 'iZ' ': . . ,;.:'.~.C":.".~':::. ' '" ":
AGENDA ITEM
ORIGINATING DEPT: CITY MANAGER
PREPARED BY Ci.ty Clerk
SUBJECT: Publicity f~r Upcoming Public Hearing
RECOMMENDED MOTION(S):
REPORT SUMMARY:
Approve noticing as recommended by Staff.
A public hearing has been scheduled on March 1, 2000 for the item described below. Staffrequests
direction as to any publicity in addition to that legally required for public heatings, which the
Council wishes to have prepared.
mo
The public heating and study session are to. receive public testimony and consider
adoption of'an interim ordinance prohibiting for up to two .years 'the approval of
non-commerCial dev61opment Projects on lands-with a Commercial land 'use
designation in the General Plan (including lands designated in the General Plan as
Retail Commercial, Professional Administrative, Gateway Landscaping, and
Planned Development; affected zoning districts include C-N; C-V,, C-H, and P-A).
The moratorium..would remain in effect while 'the .City. evaluates existing .General
Plan and Zoning Ordinance policies pertaining to lands designated as commercial in
the General' Plan and Zoning Ordinance t° determine what changes to those policies,
if any, are required to promote economic development in the City of Saratoga in
light of the limited availability of commercial land in the City. Consideration of the
proposed ordinance was initiated bY. the City Council.
FISCAL IMPACTS: None, or cost of additional noticing if so directed by Council.-
CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S): The
recommendations for noticing will not be approved. ... _ ,. "
ALTERNATIVE ACTION(S): Request additional noticing than recommended.
FOLLOW UP ACTION(S): None, unless Council directs otherwise.
Executive Summary
May 19, 1999
Re: Publicity for Upcoming Public Hearings
ADVERTISING, NOTICING AND PUBLIC CONTACT:' A Notice of Public Heating has
been scheduled for publication in the Saratoga News on February 1. 6,.as .required by law, and
mailed to property owners in'~ .th'e designated.zoning districts. A bp 'of Notice of Public
Hearing was forwarded to K~a:Chakners of the Sahtt0ga:News ,to,request for an article in the
newspaper edition of February 23fa, in addition to the article printed on February 2, 2000. A
copy of the Notice was. also maiJed to all'._.City C0~iSsioners. -~... and:th~ Community... Group List:
ATTACHMENTS: None
Page 2of2
EXECU:TIVE SUMMARY NO.
sARAT0 A CiTYcouNCIL-
AGENDA ITEM
CITY M~AGER:
P~P~D BY: Ci~ clerk
MEETIN~G DATE February. 16, 2000
ORIGINATING DEPT. Ci.ty Manager
SUBJECT: Upcoming vacancies on the Public Safety, Heritage Preservation and Youth
Commissions
RECOMMENDED MOTION(S): For your information and approval.
REPORT SUMMARY:
The following Commission seat~ Will expire on April 30, 2000 for the Public Safety Commission and
Heritage Preservation Commission; and July 1, 2000 for the Youth Commission. In this regard, I would
like to propose the schedule below. The' schedule is structured so as to allow time for the applicants to
attend a Commission meeting before the.interview dates.
Public Safety Commission ~SC):
1. Fran Andreson
2. Rose Marie Dippel
3. Thomas Edel
4. Frank Lemmon
Heritage Commission (HPC: - Youth.Commission (YC):
1. Carolyn King 1. Tannaz Altafi
2. Norman Koepemik 2. Valerie Farnum
3. Willys Peck 3. Kristi Kirwan
...... 4. 'Mai'k Weiner
.~ - ; . '- ~ [..
Post Notices of Vacancy ................ ....... i ............. ..i ........ ,~ ............... .February 1.7, 2000'
Application deadline for PSC and HPC ................................... i..:. March 24, 20.00.at 5.:00 p.m..."~'
Application deadline for Youth Commission ............................... May 5, 2000
Applicants attend PSC meeting.:....:~;.. ............... : ........ ~: ...... : ........... .March 16, 2000.(2~a. Thurs.)
Applicants attend HPC meeting ............... : ..... : .............................. March 21, 2000 (2nd Tues'.)
Applicants attend Youth Commission meeting ....................:: ...... March 21 and April'l 8, ·2000 (2
Interviews for PSC and HPC ........ ....... ' ........ 'i': .............. i ............... April 5, 2000 and Aprilq9, 2000
(Note: Interviews could be held two different dateJ}:'depending on volume Of aiiplications received)
Interviews for Youth ~pmmission, ............... ,.., ...................... May 17, 2000
Appointments and oath taking fot~PSC, andi4PC...~ ....... ~....~',~'. .... April 25;~2000~ ':~" ' ~''':
Appointments and oath.taking for Youth Commission'-. ............ ~.. Jun~ 7, 2000 :' '-'
FISCAL IMPACTS:' None -.
ADVERTISING, NOTICING AND PUBLIC CONTACT: Notices:of'Vacanoy will be posted in
front of the Council 'Chambers;.~. ahd~"distributed. .. t0. th, e.: Saratoga. NeWs, KSAR,. Eibrary, all
Commissioners ~and Community Group list'. .... .~'
CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S): Vacancies will not
filled in a timely manner.
FOLLOW UP ACTIONS: Post and distribute notices.
ATTACHMENTS: None
~ETING DATE: .Febaa, 2., 20~0 ';?~..
OmGINATmG .E~: CO~muni, Oevei00a'e~i~.~
S~CT: Application for:D~i~fion as a ~:~~k of~a prope~ at 11995 Walbroo
Dfive~'24)" ~. ., ,,
Approve the ord~ce desi~at~g'~e .pr0pe~at 11995 Walbr60k D~e~ as a Historic
Lmdmark. A .second read~g is-req~}at ~e~ne~,Ci~ C0~cil mee~g, ~d the ord~ce
would go ~to effect ~.(30) ~ys a~e Sed0nd read~g.
~.-. . .~;. .
~PORT S~Y'i.
~e Hedtage Prese~ation Co~Ssion' has received ~ ~PPli~ation fo~ Desi~ation' of
Lm~k for a prope~m J1995. Walbr°ok ~ve, ~o
omers, ~. & ~. B~ Rodenberg, ~tiated. desi~fion
A~er c~e~ consid~afion of~e. application ~d supp0~g matedals; ~e Co~ssion
· at~e-prope~'m~ts ~e:cdteda.for d~S~atib~perSecfi0n 13:15.010 0f~e Ci~ ~0d&- At
me~t~g of'J~' i1,.:'20~:;. ~e;C0~s~ion voted ~o~ to ~e~end apprOval:.
desi~ation to ~e Ei~ Comfit.-: Plebe ~fer to ~e amched
yet ~en ado~tedas ~e'Feb~'8~'2000 meet~g W~. c~celed)-~d suppoamg
Bac~round ' " -
~e Hyde Ho~e w~ od~lly'placed on ~e Ci~'s ~stofic Reso~ces ~vento~
m ~at t~e deemed eli~ble for ~stofic L~k Desi~ation sta~f ~e prop~ omers~hose
to request desi~ation. ,,_: ' '
. ,: ' . :. -' :. :
..'
"The differeiice between.prop~eSlisted 6h the CitY'sHistoric:ResoUrces:Inventory andD~ignated
Landmarks is that any changers ttmt are propose,! to "Designated"--~ip-r~rt~require a permi..'t' from
the Heritage Preservation Co--ion.? 'Modificjafi,..o~ ', to "Inventor~: '~s are. als6.' r~ewed
by the-Commission,. Who th'& make .r~omn~ea. dati°ns to 'i~{ty'S~-" ' then_:Pl~g.t :. ~: ..... C°. ~.I~. 's~i,-°n--
and/or the..City'.Counci[~as to-whe~er or, not to approve the pr°P .osed.~ges.. ~; . .'. ...~ . .
., ,.,.~ -'-. ...: . · · ,x '.. - '; - . .... .:. . .-. :
All Designated" ~tmctures.are given a bronze Plaq.tie """' ""' '
identif~g ~ ~Hi_'.~oric S~-ucture and the year it
was built. :' ' ~, ,' ' '~ ? -. ~.'
FISCAL IMPACTS: "::' ' . "-
A one time cost of approximately $!00:00'to.have the. bronze plaque ,made for:the property ..
owner to motmt on the exteriOr or,the residence. :; .~;.
CONSEQUENCES OF NOT ACTING ON RECOMMENDED ACTION: ::
' "'-" ~ : ' ,~'.".} '"- ..:: ;,5" '~. " .....
'The residence~would not be designated as:a I!i.'stonc.'Lafidmark...~:~- ':..' ~ ,.;
ALTERNATIVE ACTIONS:: : .~
None.., . ,.~ -- .,
FOLLOW UP ACTIONS: :~ ' ~"- ~' ' ' : .: :'.. .- '. ''~':
The City Attorney wiil finalize ~*~ordinance for ~ae. adoption at the ne~t available .meetirlg..~
memorializing the decisioh or,the City Council oh :this inatter. '",w-:'x:":.. ,: .. . -
ADVERTISING, NOTICING AND PUBLIC.C6NTAcT:
A hearing notice was mailed to sUrrounding property owners Within 500
property and published in the~ Sa~'atoga News. .:
ATTACHMENTS:
·
1. Ordinance HP-24
2. Heritage CommissiOn mintne~__ ..~!lanuar~_. 11,' 2000.· '~ ....
3. Letter fxomproperty owners dated-JanUary 1'1, 2000
4. Supporting materials.' ', .;.~?' '
?
ORDINANCE NO. HP-24
AN ORDINANCE OF THE CITY OF SARATOGA DESIGNATING
THE PROPERTY KNOWN AS THE HYDE HOUSE
AT 11995 WALBROOK DRIVE AS A HISTORIC LANDMARK
(APN 378-25-021)
The City Council of the City of Saratoga hereby ordains as follows:
Section 1: After careful' review and consideration of the report of the Heritage Preservation
Commission, the application and supporting materials, the City Council has determined that the
findings per Exhibit "A" can be made and hereby designates the property at 11995 Walbrook Drive
as a Historic Landmark.
Section 2:
.of passage.
This designation shall become operative and take effect thirty (30) days fi.om its date
This ordinance was regularly introduced and after the waiting time required by law,
was thereafter passed and adopted this ~- day of ., 2000 by the following vote:
NOES:
ABSENT:
ATTEST:
Mayor
'City ~Clerk
--.- ....... ~- .~.. ~F. IN-DINGs ~FOR HISTORIC LANDMARK DESIGNATION
19~5 WALBROOK DRIVE
· ':':!:_~!-".J: .'~(per'.Cfiteriain Se.".~0_ri 13;!/~!010 of the City Code)
1. The property meets criteria (a)m that i~ exemplifies and reflects elements of the City"s
social:and.cultural history, as. a:-famaing community, and was built as the residence and
farmhouse'of a:p~mt l~al fanning family.
2. The propertymeets criteria (b) in thru '~e.~r~i,~=~n~e was built.for the Hyde family,
significant in Saratoga and Santa Clara. Countyl-Iistory, who Owned fruit and nut
orchards in the area and went on to own the well known Sunsweet Growers Association
(cannery and dehydrating plant) in Campbell.
The property meets criteria (c) in that the structure is characteristic of the Craftsman
Bungalow architectural style distinctive in Saratoga at the time, and is in excellent
physical condition, .including the landscaped grounds.
Heritage Preservation Commission Minutes of January 11, 2000
DRAFT
Page 2
III.
IV.
Staff BradleY~n°tified-'~-- ~ the Commission that a box of the old Saratoga ~~?had. been found in
the basemeht which means we haveabout 50 left and gives us a litfle~~ '"~:' --mord"~ to:~°rk on the Update
which we cma. expectm..~omplet~.~)the Spring of this year.
New Busl.ness .
d~' . "~ . ' -'· :;i~-: . .';.'~7.. . ~-' .~ ~ '7: ':~ :"-~.' ".~;e'-,-2~ ~'~'' "~ ~ ' ':' . ' ' "' :
A. Revie~¢ designatiOn.-..reci'ti.est:f~.·1.1.995 Wallbrook DiS;?Hyde',Horace , ~ : 7'. .... '
V~ce Chair Peepm'-smt~(-~t::.~e.'hme was.::a.~;g~..~p[e~i:.~'O./~/SCr~-.Architecmre and showed
very httle sigia~i~ of.m~c~tipni~o?e~'~,~.ye~&:::~e alsg. mi~:l/e~WdS :imp~ksed ~with~the excellent
condition of the entire Trope~.fiiad:.believegjt ~oul~t:..beaog .o0~1:: ._a:~iifion to the :city's':list of Designated
Commissi~e,7;.W.~:!state, d-5~t:,:~yeii.'.the,s'~'~'.cance¥-i~ff, stla~':Hyde fami]_y"in Santa Clara County
history that~Sthe~home~ma~r::..iil~,,c/~.for~.:ffie:~:Nafional~;~ter Of' Historic'?Plades:~'and meets the
·
Commissioner.-Fine::st_a_ted~!tmt:if'~waSai~{..ryx.fin' ~home:~and:m~'c!~!h motion.,m'recommend that the City
Council approve the designation request by the property owners.
Motion approved 6-0.
Items!nitiated by the ommission ..
A. Discussion of possible CLG gram ideas for 2000.
Commissioner Wyman suggested waiting fin 'this item until the CLG grant packet is received, but the
Saratoga Video is still an idea.
B. Discussion of potential HPC sponsored activities and events, to plan for 2000.
Commissioner Anderson suggested a priming demonstration in the Heritage Orchard on an upcoming
Saturday morning, as the Orchard is likely, to be pruned soon.. Commissioner Fine suggested picnic
tables in the Orchard. Commissioners Peck and Wyman-both expressed concerns that using the
Orchard in this way might lead tO'PrOblems ih4iuding garbage; parking, et cetera.
Commissioner Peepari suggested a tour of designated buildings. Commissioner Fine recalled that the
Commission had sponsored a couple of bike tours in the past. Commissioner Wyman suggested a
chartered bus tour. Staff ~radleY will. follow up .with the.. ~i~ ~ks.:and ,Recreation Department to try
and organize suCh'~an- ~vent.
Commissioners Anderson and Wyman suggested compiling a calendar of, photographs and opening it
up to the community:~-ia photo contest. Possible. themes :could be "Colors of Saratoga" or-*'Seasons of
Saratoga". The g0al shOuld be 'a calendar for the true Millennium, 2001.
Commissioner Ander~n ~suggested. that' w~' have,~a, sign hmde"~0ri:the Herith~ orClmrd that be visible
from Saratoga Avenue and would say "Saratoga Heritage Orchard - A Glimpse of the Past Prese~ed for
the Furore"..The Commission was in support of this~and will-tryto fmdan 0rganization~thatmay want
to donate time and materials to make it, such as the Rotary Club.
C. Discussion of ideas for other potential Heritage Lanes.
MEMORANDUM
DATE: January 11, 2000
TO: Hedtage Preservation Commission
FROM: Barryand Sharlene Rodenberg
SUBJECT: 11995 Walbrook Drive, Saratoga
In October of 1997 we purchased our wonderful farmhouse, known to you as the
Hyde House. Sometime thereafter we received a letter informing us that our house
was included on the Heritage Resources Inventory. We are now requesting that
· 11995 Walbrook Drive become a Designated Property because it meets several of
the required criteria. We would be honored to have it identified as a historic land-
-_mark by displaying a bronze plaque. Thank you very much for your consideration.
DATE: Jan~-1-1:,'gOO0 7: .-.-57.: :::<. '5. ?"-:'; :75~:-. ',~. . ';~. . . ,.:. . .: >::".
~OM: Heather Bra~ey,?~CNte:PN~e~'~ ' ,:~5. ';.22,. '~.:~Z ...... u i'~ .... ". ' '~' ;' '.' :.'
SUBJE~: 1995 Wa~okDri'..H~m'Ho~:.':'"3' '?~'~??.. ~.,/:~:.'.'~? '}.'" ',..'
" ':--" '" ~-'~' -""' :" k::' .v .. '..-. ~, '~:5:' ~,'.:: ' .--:?;5.~c .' :::,:' ' :. ":~" ',-'- ' . [.t~'
' ~ ...... ·
~: '; '~' -~. '.~2.?* ' .... ,:~! ....[~. :ti' ;t: -'- . -.w ? .. ..: .';.,
Bae~_o~d ,..... .... ' -. - . .. '
'. ' ' - [' · ~ ;- " L - .... -_, ' . ., .: = . ~
~e .pro~ o~ers of'!~ 19955W~k :D~"~ve-~!ed' ~t :ffie,pw~'~ 'd~sigmted ag'a,/Hefimg~
Re~ce -.~tofic S~C~"... ~e 'Pm;~. w~.~st:~ 'oh-~e :~nvento~ m 1 ~88 ~th ~e' ohgml 80-
a) '~e prope~ exemp~es.gr' ~C~ ~cNl ::;: ....... '~:~' '~' " ' ' "
ilemen~.-.~:~.~e d~mal;:~:~Nl; economc,
aesthetic, en~eemg or ~ht=~ ~o~ or,me .Ci~} ~e Co=~;-me s=te or'memaon; and
,..:¢[ .-·..
c) ~e?rs~ e~~c~v~ '~~cs of a ~le, ~i, ~fi:0d Or me~ of
a vm=me-e~p!e ~. me ~.:~r.m~en~.~!e~ of =~~p.. ~ "~;:.~-,. '
~ re~h~m ¢~ the~ ~mge:.~t~gn.. '~~ce .~q~:'<t~t fo~'a~ ~o~':to '~ comidemd .~°r ..
s~g~non n m~ meet.at .l~ ~o.~mtem ~ ~~ m ~c~on 13-15 (mel~ ~e
~e Co--sion m~ ~ir"~d-~t ~e'~~ "~ ~a s~~l degree of ~cNtec~al and
s~c~ mte~~ ~m ~ct'to;~e 6~ de~". :5 " '
Process
. -:2 : >- -..: ,.2'.~': - '-- "'
~e desigmhon p~ess ~s'~t ~e'~msi°n s~ study ~e. pr0~l, consider e~g
~ ~o fion ~m ~e a~ nt ~ m d ne No p~hc ~he rags ~:~d b
and any a~fio m - ca e e cess~.., a .
any per~n ~ ~ ~tem~ ~ ~e~~fion my ~mt.~en-or ve~a!:co~ents~on ~e
Oncethedec~iOn.~&'~;~~onsha~:~ha~a____ .---- -------- -~--~ -- ~ ...... , ...... ~ ""'
rejec~8 it and ~nd the .~: m ~e ~~ omer. 5~e'~'~:~n;'alo~ ~-~ ~em~menmfion and:
hffomaons~~ mefl ~'-f0~~ on m'~e ci~ Go~c~Who s~'co~er the'~l at t~e~ ~ext
vable.rmee~.:-~¢' ~i~ ~cfl ~-~en~:~ Or,nde. vote'to h~mve-n~i~,
esi~fion. - .... .." '."".:'..-".)?.: '."" ~ '....:~ '~-'.,.."' .. . ..-,' ......, ~.('": )...?~ ~,,.. 7-~;~ ... ~. :'~'..~ ~'~'..'.'~..... _- . ." .:' .~':'~;~'"..'
1
,~ ~ _,__~er m. pr~'of - ----" ' '°~e~' ~m ~e-Hefi~gg.~a~on 0fJffiyo,w' ':
~noto~apm nym..no~':~ H~& ~._, ........ -.. .: _.. :. 5~.'..~ .
HISTORIC RESOURCES INVENTORY (#~9)
City: Sarat ~ :'
Ownership is: . .Public.:;'. ?' ~ .-.- .... '--" '%'2>..Private-: x.
6. Present Use: ,ResidenCe Original-:USe: Res
DESCRIPTION ~ ' -~.'
78. Architectural. ,stYle "" :
7b. Briefly describe.: the
-Common name. None ..~-~.'z.,-:.,; ...:'.,-" l:. ? - ~:.',~' .... ..'~:' .: --,,:..-'-. ·
~ · ..... ,..,..> ".'.<'.>.%~-.. 'j"':.~/ ~.., "- - :.i,. "' . ~.,'' .' :' t..<:
2. H~de..HouSe....~:;~.[
. ..- ,. ' _-3.:": '~"': ~.;" .... .:'~:,'.~L'" - .'-~:.~-?
- : · , .. ~ ."-' . .- ;~'. .-- . .. .
~ ·
3. Street ,'oi?:hral .add~:~s:l,".?~1995 Wal'lbrook'~:Dr~ve :'- ...
City: Saratoga . -"..' '" Zip:.:/~507.0>~ ::~¢: 'e/~Dty: 'Santa Clara
4 Parcel n~er: 378-25J~[.1 .... ' · .
5. Present O~er: -:B~ce<&.;'Karen DeBoer_ Addres~::i'1995 Wallbro6k Drive
Dkesent ~hysi. cal. appearance .of the' site' or
structure and describe<anY-' major alterations "from its~' original
condition::v:~ ':'. '--- ::~ ..... -. -'
The dominant.~eature of thistwO-story Craftsman-;bungalow~..is the. use
of creek.stone. , The first story .has a 4 ft, Cteek stone foundation
with..~horizonta~i' lap'.sid~-ng above.the Stone.. ..The second story' is
wood shingle, typical °f;the-Craftsman period. The creek stone
motif 'is continued in the :chimney and support columns for the 'two
porches which are linked--by a large.planting bed surrounded by .a
creek-stoDe-wal!.' A ~ip 'roof!,.with exposed rafters at the roof.:"~line
tops'this-:.:,Well?mainta~hed home. The'.basic structure.is 'unChanged
except for~a.door'and Windows which were relocated to let' .in more
light. A new fOur-foot wooden fence with rock columns surroundsthe
property ~whiCh..h~s several very large .redwood trees.
~ ~.. ..:..'~-8. 'Con ction date:"'
','.." ~'.~, ;.. EStimated.: 1'895
- .... :..~. : .-,h .... .Factual-: ..~-. ....,
" "~' ' ' : ' J? ..'9. Architect:-unk~own.~
.... iid'er: .Unknown
' ":'" 1' '? '- · '"?--'. "', '-? >' ':..:10. Bu
.,"(photogra~hhere') .
: ;.. -' ....'11. Approx. prop.-size
· ., :' ""'-" ""'~" '- Frontage:..
.. ,. , ..~. .,.Depth:, .~ ....
~'. -~ .:.,- -- ' .approx..acreage:~ .75
. -' ':' t.- .. 12. Date(s) of enclosed
~ .:~ ~, .. ,... ' photograph (s) :. 1988
13. Condition: Excellent:'X Good:' Fair: .... Deteriorated:
No longer in existence:
14. Alterations: Relocation of front door and windows.
15. Surroundings:
Open land:
Residential: X
(Check more than one if necessary)
Scattered buildings: X Densely built-up:
Industrial: Commercial: Other:
16. 'Threats to site: None known: X Private development:.
Vandalism: Public Works project: Other:
Zoning:
17. Is the structure: On its original.site? X Moved?
Unknown?
18. Related features:
SIGNIFICANCE
19. Briefly state historical and/or architectural importance (include dates,
events, and persons associated with the site).
This bungalow was bUilt about 1895 by George and Alice Hyde and was home
for them and their three sons (Otis, Elmer and Ralph) until 1929-1930, when
-the house and ranch were sold. Originally this home was surrounded by more
than 20 acres of walnut orchards; the entrance to the property was off
Prospect Road. Hyde was superintendent of several ranches until 1909
(including the Wakefield Ranch in Saratoga), when he purchased the Campbell
Fruit Growers Union and converted it to a cannery and dehydrating plant
(Hyde Cannery and Hyde Drying Yard in Campbell). He operated thiswith ~
youngest son Ralph until 1929-1930. This complex later became Sunsw
until 1971, then "The Factory" (retail), and is currently "Water Tower
Plaza" (office complex). In 1918, George and Ralph bought the Campbell
Water Co. which is still in the Hyde family. George's brother Warren had
an adjoining parcel of land and a home on Johnson Avenue.
20. Main theme of the historic resource:
(If more than one is checked, number
in order of importance.)
Architecture: i Arts/Leisure:
Economic/Industrial:
Exploration/Settlement:
Government: Military:
Religion: Social/Ed.:
21. Sources (List books, documents,
surveys, personal interviews and
their dates).
Campbell Museum; Homer Hyde (grandson),
12/87; Karen DeBoer,-present owner, 1987.
22. Date form prepared: 4/88
By (name): SHPC
Organization: City of Saratoga
Address: 13777 Fruitvale Ave.
City: Saratoga Zip: 95070
Phone: 867-3438
Locational sketch map (draw and label site and
surrot nd ~g streets, roads, and prominent landmarks):
' ~~ NORTH
-'
~'.::;.~-:', ..... : · '-: ". ;~ :~:'.; . :-'. L-~ 2 hl-.'-' ". "'.: ::) ; '. ,'
~ .:' ";<,.~:~2L~':-: .s-<'-IaT-77;.~FRNt-~E~,~ENUE · S~ATOGA. CALIFORNIA 95070
COUNCIL
MEMBERS:
' ~ ~'" :',;:.~9~ ~ -'"~' :::'"-- '. :':'~ .... .~ ",:5::,-~",'"':~,~ '..',,:;.j~ 5'
'-= '~xa~z~-- ''.+' .... .' ~'5" '. ":,.- :-~:',L~i~'="'-':L?']~?:: s', "'"~'7C~-
. .... ;;;~ ~'
L' i
Mr,. and Mrs
19 9 5 · Wallbrook
1
Saratoga,
Dear Mr.
Ka}'en Anderson
Martha Clevenger
Joyce Hlava
Dawd Moyles
Donald Peterson
The~. Saratoga .Heritage 'PreS~rvat-iOn .....,CommiSsion...has.. :recently:
COmpleted a comprehensive ~'InventorY"of. historic'-:resOurces:-.:in,;. ~:.~.our~
community.....?We 'are Pleased ;to notify yOu;~%that Your. :-..residence
'-" at 11995 WallbroOk-DriVe 'meets.. the.'.cr{te~ia,.-~for' being .'i~'~:l~d~d .On
" The .purpose o'~ the'-He~iiage ReSource
list of doc~ented,.hi, storic propert:ies in ~Saratogai'. /~.The H~ritage
Prese~ation '.Co~lssion: whS- -assigned. th~ r'esponSibility:'~.~ 'for'-
preparing the.- -Inventor-. by the .City . CoUncil. · in 1982.-:":.!:'~Each.
property on-.. the l'ist has...been identified as reflecting and ~being' a
part of the Uni~e..histO~ of ~ara~oga.. ...'The 'InVentPrY .has .' been
· . ?.-... prepared in acc6rdance with'gu~dellnes, e~tabIished-'~ .the .~.State~''
· Historic' :Prese~ation, With'. data gathered..from :a
variety of' .-sourCes,'~.- inCluding historic ...'dOcuments. and ..' books'; -
'inte~iews with "l°cal· citizens, .and existing .countY' ~ and'~.:'...stat~,...
inventories that contain info~ation ~0n ~aratoga propertme~
· retirementS.., or. '.:restric~ions>:affecting~ .~h~ '-use, - :imp~Ovement:,~....
. alteration or even . the 'demOlition . of your. -:property.-. ?::':' As
Invento~.property,ff:'however,. .you will be able to ~make. use'of
state :."Historic 'BUilding. ' 'Code, an alternative .set.., of/".:building:
regUlations'that'are-, intended to facilitate' 'th-~' :rehabilitation~.and·
prese~ation: of :histOric buildings..~? In .addition,~' your ..... PrOpe~y-
may ~alify for d~signati0n as a Sarat6ga Heritage ~ndmark~'
special catego~ of'outstanding, and exempla~'.historic .Properti~'s
· that are 'identified in the'-<COmmunity .by a. handsome 'bronze pla~:;~_
We
y' ur review of:~.~h~s., fo~
tha~ there, are:.., a-~d-~'tional ~.-his'tori~-~res6~e~i~'~the ~:~co~UnitY. tha~-
we may 'have 6verlooked or have' ~nO'~t . ~1'~ d°cum6nted<~yet~ :~: ~if ~you
know of.an~.that are not..on.~e
If you have ..a~y. ~est.~ons ;,:<:. pleas'e-~d~re~:~"them ito the Co~issi:On
through Va~eri~ Young, our~staf~'~'rsoB '~t'-city'~'Hall (867-3438)
one of 'the cO~isS~one~s wi,~'.l~be~ha~p~i.to.meet..With you t'O..di'~C~ss
the Invento~ andr~:~ns~e~-, anY ~esti6n~ you~ -maY' have. .... "
.... 1/.-
0
GEORGE £. AND ALICE--L.--H-~LL-~IY;D.E f-amiiy: gr~oUp.'- ju~.'y~.A-~-~;.l. ,890. (SEE BACK.)
~i~le Of ~.~dtl?~'~lla · IhC ~source$ Agency
DEPAfi'rMFNT OF PAfiKS AND RECREATION
HI$'roI::ClC fi l: $O U fi C r: $ INVI:NTC)fiy
Common name:
Ser. No.
HAER '- NR
HABS
UTM: A
C
The Factorv/Watertower Plaza
Historic name: George Hyde Company/Sunswee~ ,G,:rowers
Street or rural address: 93 S. Central
Cit~ Campbell ...... :' - "
Zip
SHL
D
4. Parcel number: 413_7':_,5S':- ~'.:,., - r(:
95008 County, Santa Clara
... ~.; . . ~, ~ : ~
Present Owner:
City
Address:,
Ownership is: Public
6. Present Use: Commercial Original use: Industrial
DESCRIPTION Brick Commercial/Industrial Building
7a. Architectural style:
7b.
Private xx
Briefly describe the.present phy$ica/description of the site or structure and describe any major alterations from its
original cc~ndition :'
Several interconnected,.brick/wbod,.cb~m~rcia, ifindustrial buildings
of two or one-storey height. ~ood-frame windows, sloped roofs
of corrugated tin.
STructures were developed twice for commercial use; in the 1970's
for a retial/business center commonly known as "The Factory", and
again in 198~-8S, for a primarily business/office complex commonly
kn°wn;as'"water'-TOWer'P~'aza"':" '.The-~ex't'erior.of the buildings
have been completely remodelled, bearing little resemblance to the
original structrues described above. Present appearance features
color-coordinated painting of wood trim,awnings; wood. sideboard and
'extensive: landsCaPing. ..... '" ~ - - . ..... "-~..: - . - ..
8.
9.
10,
11.
12.
Construction date: 1892-1909
Estimated ~ Factual xx
Architect unknown
Builder, unknown
Approx. property size (in feet)
Fro. ntage Depth
or approx, acreage 4.14
Date(s) of enclm~l photograph(s)
October 1985
13. Condition: Excellent Good ~ Fair Deteriorated No longer in existence
14. Alterations: l=.~elnsive remodelin_~/a]te~-;t;n~; tn ~,_Yte~-in~-/i~t~-;n~-
15. Surroundings: (Check more than one if necessary) Open land
Residential Industrial xxCommercial ~rx Other:
16. Threats to site: None known Pri~ate develol~ment YY
Public Works project Other:
17. Is the structure: On i~s original site? ~r~r Moved? ~
18. Related features:
Scattered buildings Densely built-up
Zoning Vandal ism
Unknown?
SIGNIFICANCE
19. Briefly ~ historical and/or architectural impotence (include dates, events, and persons associated with the site.}
The site was originally occupied, £rom 1887-I890, by Flemmin~s Frui~ Dryer,
which employed 700 people and shipped 120 carloads of fruit durin~ their
first season of operation. They were acquired in '1890 by Frank Buxton's
Dryer, which was in rum acquired, in 1892 by ~he Campbell Fruit Growers
Union. Original complex consisted o£ a packin~ house, and 17 acres o£
fruit dry-yards, headed by Campbell grower F.M. Ri~hter. In 1909, George
Hyde bought the acreage and conver~ed the packin~ house to a canning and
dehydratin~ plant. In 19~7, Hyde sold the £acility to the Cali£ornia
Prune and .Apricot Growers Associatioa, '~[ich which he had been af£iliated
since 1917. The site/complex became known as the'CamPbell Cooperative
Dryer, one of £ive experimental dryers in the Sunsweet Association. It
expanded to become a 48-tunnel plant, the lar~est in the world durin[
the 1960's. In 1960, Susnweet, Inc., was formed, comprised o£ the merger
of eleven a££iliated dehydrators and dryers: Campbell, Feather River,
Hollister, Norman Hill, Nape, Oak Grove, Santa Rosa, $ilverado, Solano, Tehama
and Ukiah. Plant closed in 1971, and
has since been used commercially.
20. Main thee of the historic resource: (If more than one is
checked, number in order of importance.)
Architecture - Arts & Leisure
E~onomic/Industrial xx E~tplorationj~ettlement
Government Military
Religion Social/Educatio~
21.
2J
Sources (List books, documents, sun~, I~rsonal interviews
and their d.tes).
1977-78 ~istoric survey
"Sunsweet", A history (sun~eet Inc.)
Date form prepared
By (name)
Or~ni~i~ Ca.bell ~se~
Md~: 51 N. Central
City Ca,bell ~ CA Zip
~e: 408.866.2118
95008
Lo~a~ional sketch map (draw and label site and
surrounding streets, roads, and prominent landmarks):
NORTH
~- -- 'ORCHARD CITY
.., .....
.George Hyde -- S .unsweet Growers.
The land upon which the Sunsweet
plant came to be was originally that of
the 16 acre Campbell Fruit Growers
Union, established in 1891, and located
on _what is now Central Avenue and
"0'rc~a~ci' City Drive. In~1909, George
Hyde bought the acreage and convert-
ed the packing house to a, canning and
dehydrating plant. In 1937, Hyde sold
· the facilityto the California Prune and
Apricot Association, which later be-
came known as SLrNS~ET. Sunsweet
operated their prune dehydrating facil-
ity until 1971, when they closed down
production in Campbell.
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO.
MEETING DATE, 'February 16~ 2000,,
ORIGINATING DEPT.'
Ci.ty Manager PREPARED BY: Citv Clerk
SUBJECT: RESOLUTION ENDORSING MEASURE "N" (LIBRARY BOND)
RECOMMENDED MOTION(S): Adopt Resolution.
'REPORT SUMMARY:
Per Council's direction at the Council meeting of February 2, 2000, staffhas prepared a
resolution endorsing the library bond that is slotted on the March ballot under Measure "N".
That resolution is attached for your approval.
FISCAL IMPACTS: None
ADVERTISING, NOTICING AND PUBLIC CONTACT: None
CONSEQUENCES OF.NOT ACTING, ON RECOMMENDED MOTION(S): .Resolution
will not be adopted and Measure ~N will not be ,endorsed by the City Council ....
FOLLOW UP ACTIONS:
Uponadoption, .forward a copy of the. Resolution. to the Library.
ATTACHMENTS:. As stated
RESOLUTION NO.
A RESOLUTION OF THE~'CITY cOUNc~ OF ~E'crry OF s~RATOGA
ENDORSING MEASURE N
WHEREAs, during one-on-one interviews conducted between the summer-and fall of
1999, hundreds of Saratoga residents expressed that their number one priority for the
Saratoga Community Library is to have ~additional space to house more books and other
materials; and
WHEREAS, these same Saratoga residents, stated that lhe lighting in the current facility
is extremely poor, access to fire ,exits need improvements; that there is inadequate space in
the Children's Room for programs, and librarians must discard one item for each new item
placed into the collection; and
WHEREAS, the, current 22 year-old library building predates the. creation of the
personal computer which severely limits keeping pace with changing technology; and
WHEREAS, on November 17, d999, the Saratoga City Council voted unanimously to
place a General Obligation Bond measure, known as Measure N, on the March 7, 2000,
ballot to expand and renovate the current library facility, and the Saratoga City Council, the
Saratoga Library Commission, the Friends of the Saratoga Library, and the Saratoga
Community Library Foundation have recognized the need to expand the current facility for
over ten years; and
WHEREAS, the City of Saratoga has passed all resolutions and attended to all business
necessary to place the bond measure on the ballot; and
WHEREAS, there was no formal argument against the bond measure;
NOW, ~THEREFORE, BEFIT :RESOLVED that the City Council of the' City of
Saratoga unanimously supports Measure N, and urges all Saratoga voters to support
Measure N at the March 7 election.
PASSED AND ADOPTED this -~ day of
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
2000, by the
Mayor
ATTEST:
City Clerk
.......... S~TOGA CITY COUNCIL~ ~;-' '~:~'
EXECUTIVE SUMMARY NO.
MEETING DATE:
AGENDA ITEM
ORIGINATING DEPT:
February 16, 2000 CITY MANAGER: t'.
Administrative Services~ DEPT. HEAD: ?'/Lt/~ --__/ ~
!
SUBJECT: Contract for Interim City Clerk
RECOMMENDED ACTION(S):
Authorize the City Manager to sign a contract with the Interim City Clerk, and approve a
resolution increasing appropriations in the City Clerk's program budget to fund the Interim City
Clerk.
REPORT SUMMARY:
The City Clerk has' resigned from'the City of Saratoga, effective February 18, 2000. Recruiting,
interviewing and'hiring a replac6'ment for this position is estimated to take approximately three
months. Since there is no individual currently on staff who is qualified to perform these
functions, the search for an Interim City Clerk began immediately. The City has been very
fortunate to locate a highly qufilified individual who is interested in filling the 'position on an
interim basis. Carol Butler, the recently retired,City Clerk for the City of Sunnyvale, is available
to assist the City of Saratoga as Interim City Clerk until the position is filled. 'Ms. Butler is not
interested in permanent .fulMime .emploYment and is not a candidate for' the' ..permanent ~City
Clerk position ....
FISCAL IMPACTS~ - -
Ms. Butler's ,fee is $50.00. per hour.. The City Clerk's program ,budget must .be increased.by
$8,400 and the City Commission's program budget .must be ,increased by $2,800 to provide
sufficient appropriations for this contract. It is recommended that contingencies be used to fund
this increase. .. ,, . : .. ,, ,. , .
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):.
The City will not be able'to ·fulfill the essential functions of the City Clerk'sOffice. ...
ALTERNATIVE ACTION(S):
The only viable alternative is to continue searching for an Interim City Clerk. Leaving the City
Clerk's position vacant for ~three months until, a permanent City Clerkis hired is not an option.
ACrFION(S)
FOLLOW UP :
Sign the Independent Contractor Agreement with Ms. Butler, and distribute it to the applicable
parties.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
Resolution increasing appropriations in the fiscal year 1999/00 City Clerk's budget.
RESOLUTION NO. 00-
, ~ A ~RESOLUTION,OF? YHE'CITY COUNCIL~OF THE CITY'
OF SARATOGA MAKING ADJUSTMENTS TO THE
FISCAL YEAR 1999/00 BUDGET
WHEREAS, the. City Clerk~has resigned'from the~City of Saratoga, effective February 18, 2000;
and
WHEREAS, the City has been very fortunate to locate Carol Butler, a highly qualified individual
who is interested in filling the position on an interim basis, and
WHEREAS, the budget for the City Clerk and the City Commissions must be increased to
provide sufficient appr°priations.forthis contraCi; and ~'
WHEREAS, there are sufficient appropriations remaining in contingencies to fund these
increases; and ' " "' ' '~"' ' '
WHEREAS, the CitY coUncil adoPted ResolU{lon No. '99-36; ad0ptifig the budget foi' Fi~hl
Years 1999/00 and 2000/01 on June 16, ] 999;' and "
WHEREAS', subsequefit .to the adOPtion of'~hid Resolution,' the City Manager has recommended
further changes to'ih~"City's budget; and ;': '
WHERE,/S, the City c6uncil' has"C;hsidered the recommendations of the City Manager and
believes that implementing these further changes will be in the best interests of the City.
NOW, THEREFORE, the:City Council of the:City, of Saratoga hereby-resolves as follows:
The City Clerk's program budget must be increased by $8,400 and the City Commission's
program budge[,must be increased, by$2,800 to provide sufficient appropriations for this
contract.
AND BE IT FURTHER ,RESOLVED, the ab6~,e adjuStments.to:~the City of Saratoga's. Fiscal
Year 1999/00 budget will be made using the following entries:
001 - 1030-511-1'0~01' .:.....: i. City Clerk - Wages
001 - 1030-511-20.01: .". ' .- ". City Clerk - Benefits
001-1030-511.40:40 ' ' .,. CityComihissions- Wages
001-1030:511-40.40 - ':' . ' City CommisSions :.Benefits
001-1010-511-50.02 : ..... 'Contingericy
· . · .... ~ . .' :. ._, ,' . ., ,..~;~
Increase ~: Decrease
6,650
1,750 "
2,250.
550 ·
':' '~11,200
The above and foregoing resolution was passed and adopted at an adjourned meeting of the
Saratoga City Council held on the 16th day of February, 2000 by the f.ol!owing vote:
AYES:
NOES:
ABSENT:
ABSTAINi
ATTEST:
City Clerk
Monthly_Dec99
Mayor
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO. :~ AGENDA ITEM
MEETING DATE February 16~ 2000 CITY MANAGER: ,
ORIGINATING DEPT.' City, Manager :PREPARED BY:
1
Larry, I. Perlin
CiW Clerk
SUBJECT: , Discuss ~CitY Departmental Projects and Priorities
RECOMMENDED MOTION(S): Receive reports fi.om staff and provide di~rection.
REPORT SUMMARY:
The reports will be pi'ovided by departmental staff at the meeting.
FISCAL IMPACTS: N/A
ADVERTISING, NOTICING AND pUBLIC CONTACT: N/A
CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S):
FOLLOW UP ACTIONS: N/A
N/A
ATTACHMENTS: N/A':
SA~RATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO.
AGEND~A ITEM
MEETING DATE: February 16, 2000
. .. CITY .~MANAGER:
ORIGINATING DEPT:' CITY MANAGER
PREPARED BY:
City, Clerk
SUBJECT:
Approval of Council Minutes
RECOMMENDED MOTION(S):. Approve-the subject minutes.
REPORT SUMMARY: : ~.
'Attached m'e the dr~ff'~iriutes of January 25 and February 2, 2000.
FISCAL IMPACTS: None
CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S): Minutes will
not be approved.
ALTERNATIVE ACTION(S): NOne
FOLLOW UP AC_TION($): None
ADVERTISING, NOTICING AND PUBLIC CONTACT: None
ATTACHMENTS: Subject minutes.
TIME:
PLACE:
MINUTES
SARATOGA CITY COUNCIL
DRAFT
Tuesday, JanuarY'25, 2000 - 4:30 p.m.
Closed SessiOn in 'the Administrativ~ COnference ~Ro0m, 13777' Fruitvale
Avenue; Adjourned 'RegUlar Meeting in the Adult Care Center, 19655
Allendale Avenue
TYPE: Adjourned Regular Meeting
OPEN SESSION - 4:30 p.m. in the Administrative. Conference Room at 13777 Fruitvale
Avenue.
ADJOURN TO CLOSED SESSION
CLOSED SESSION
· Conference with. Labor Negot, iator. .,~- ~ pursuant to Government Code Section
54957.6 Agency Negotiator:' 'LariT I'.' Perlin; Employee Organization:
Saratoga Employees Association (SEA) and Saratoga Management
Organization (SM0).
· Conference with Legal Counsel - Existing Litigation pursuant to Government
Code section 54956.9(a) - Name of. Cases:. Ci~,0,f. Saratoga v. TCI of
Cleveland, Santa Clara County SuPeriOr.
· Public Employee Mid-Year Performance Evaluation pursuant to Government
Code Section 54957.-. Title!~. City Attorney
· Public Employee Mid-Year Performance Evaluation pursuant to Government
Code Section 54957 - Title: City Manager
MAYOR'S REPORT ON CLOSED SESSION - Mayor Bogosian declared there were no
reportable actions taken.
CALL TO ORDER - Mayor Bogosian called the meeting to order at 7:06 pm. in the Adult Care
Center, 19655 Allendale Avenue.
ROLL CALL - Councilmembers Waltonsmith, Baker, 'Streit, Vice Mayor Mehaffey, Mayor
Bogosian were pre, sent..Staff present: City Manager, Perlin, City Attorney Taylor, .City Clerk
Ramos, Director. 6f Administrative Services-Walker, Director of Community Development
Walgren.
REPORT OF CITY CLERK ON POSTING OF AGENDA - The City Clerk reported that
pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on January
21, 2000. The Notice of Adjournment bom the .January 19 meeting was posted on January 20,
1999.
Page I of 10 ·
Minutes for City Council
Adjourned Regular ,M~eeting/Jolnt
Meeting with Planning'Commission
'January25,
DRAFT
· ON'NON.AGE~IZED'iT~MS _
None
· MID: RE ORTS FOR 1.999-
Recommendation: Accept the mid-year financial report, adopt the attached resolution making
adjustments to theF:iscal Year 1999-00 budget, and acc ,eptfl!e December Treasureffs Report.
Director of Administrative Services Walker presented the staff report and answered some questions
by the Council ....
MEHAFFEY/WALTONSMITH MOVED TO ACCEPT THE MID YEAR FINANCIAL
REPORT,. ADOPT THE ~RESOLUT!ON..~MAKtNG ADJUSTMENTS TO THE FY 9..9-00
BUDGET AND ACCEPT THE DECEMBER TREASURER'S REPORT. MOTION PAssED 5-
0.
JOINT .MEETING ~TH'.PL~NG ~OMMISSION.
ROLL.CALL - COMMISSIONERS .Barry,.,Roupe, Jackman, Kurasch, Vice Chair Page and
Chair Bemald were present..Commissioner·Patrick was absent.
o Presentation on Housing Element Update and ABAG's Regional Housing Needs
Determination Allocations.
Director of community
Development presented the staff report and answered questions of the
Council.-
Discussion ensued.
~ ."
Director walgren noted 'that the urgency of this .matter is to reduce the ,housing requirements
required by ABAG. to, something more manageable within the 90-day window of time. After that
the City would have one year to develop the City's housing element where the City will be working
with housing experts-on deyelop'.mg a whole: range of options to achieve these numbers which
would be presented through a public hearing process with the Planning Commission and City
Council ·
· ' :~ ~';'-,.,~ ~.' ,-~'x' ,' ,'~i', ~'~' ," '
BAKER/STREIT MOVED ~TO AUTHORIZE.THE NECESSARY FUNDS IN THE AMOUNT
NOT TO EXCEED $5,000 TO RETAIN SEIFEL ASSOCIATES FOR ADVISORY SERVICES
ON ABAG HOUSING NEEDS ..ALLOCATION. MOTION PASSED 5-0·
o Extension of Measure G to commercial zoning districts.
Director Walgren presented-the staff:report_and deferred.additional ,reporting to Richard Taylor,
City Attorney, who summarized his report with three options for addressing the goals of Measure G
in a commercial context as :follows:.. ~ .. . .. .... ~..., ..,.
Page 2 of 10
Minutes for City Council
Adjourned Regular Meeting/Joint
M~ting'with'Planning Commission
.'DRAFT
Copy Measure G in form identically; however if the concem is protecting the commercial land
use base in the City, the Measure might not ~iddress that concem as effectively as it did 'in
protecting the residential land use designations in Measure G because of the inherent structure
of the City's cruz,, ent General Plan.
Place a measure on the ballot that amends the commercial land.use policies in the General Plan
to include standards (Deadl'.me with the County to put a measure on the ballot is AUgust 11,
2000). Such proposed measure may be. subject to California Environmental Quality Act
(CEQA) regulations pending court 'ruling. '
Place a measure on the ballot indicating a seriousneSS in th~' City's commercial land use supply;
indicating that this situation requires a study to figure out how the City would manage it under
the City's obligations with State housing laws and the City,s existing residential land use
policies; put a temporary moratorium on non Commercial' land uses on commercially desl'gnated
-lands for up to two years while a study is underway.
'In response to Commissloner Barry; city 'Att0i'h~y *Tdyio/' replied ihat ail three 6ptions cbuld~be
imposed by the City Council without a ballot measure. It would be up to the City Council if they
want it on the ballot for the voters to decide. If it goes to the voters, any subsequent changes would
have to go back to the voters. . ·
D~cussion ensued. ' "
~ TO ~summarize the discussfon'; Mayor Bogosian commented that land use issues are vital to the
community and: would require a larger discussion and Community input, and a moratorium would
serve as a vehicle that would allow the City to discuss the issues further with the community.
Vice Mayor Mehaffey expressed he would support putting the question of a moratorium before the
voters, not before the City Council.
Mayor Bogosian suggested imposing a one-Year.moratorium .now and putting the question before
the voters in November to determine whether the moratorium should be continued for another year:.
Discussion ensued.
Contrary to comments.' expressed by Commissioner Page, commissioner Barry felt that the: curre~fit
commercial-residential review prOcess is not effective. She feels that the developers do not' have
adequate information and guidance to fully understand the concept of an integrated neighborhood,
which is what the Council and Commission would like to promote. She expressed support to have
a moratorium and then have the public discussion to deyelop the vision that the entire comm ..u:nity
can live with. ...............
Director Walgren clarified that the Giteway area, the commercial corridor north of the. raikoad
tracks, is the only area that the General Plan desi/~nates as Planned DeveloPmenf (PD). The Village
allows multiple' f.~a~, 'ly projects but the City has a Village Plan that stipulates clear criteria and
policies for when ~idential is appropriate. In practice, the Village Plan's' criteria are applie'd to the
PD district, which is the Gateway area.
Page 3 of 10
Minutes for City Council
Adjourned Regular Meeting/Joint
Meeting with Planning Commission
Mayor Bogosifin reit6iated' ih~t the Whble concePt'of vision is' critical and' the 'mOratorium Would
give the public a chance to articulate that vision.
Conumssloner Roupe questioned why Put"the mClratori/i/n before the Voters 'instead of before the
Council, if the purpose for enacting a moratorium is to have an oppommity for discugsion with the
cornlllUnlty-
Vice Mayor Mehaffey Comm?nted that his r~'ason i~0r putting it Oh.be b~ll0t is to find out what the
entire community wants.
Councilmember Streit concUrred'with Vice, May0i: MehaffeY.thaf'this decision ·should be made' by
more than just the Council, .at least there should'be soni~.i~ublic' hearings' to 'discuss it and receive
public input.
In response,· City; Attom~Y Tayl0[ ~ommented thai' there' is:h (Vide'i:ange of options available to the
Council in terms of the structure this takes, including an advisory measure. He added that a
moratorium usually does not require' extensive CEQA review; nevertheless it should be looked into.
Councilmember Baker supported the concept of i'Public hearing approach to get'input from the
community instead of imposing a moratorium.
Mayor Bogosian suggested proposing a moratorium't° the community through a nOticed public
hearing within the next month for public input and discussion. ' ·
In response to Vice Mayor Mehaffey, City Attorney TaylSr rePlied' he believes that the findings for
a moratorium could be made based on the discussions he has heard."
In response to Councilmember Waltonsmith, City Att0mey Taylor explained that the focus of the
consultant's Work~ is to"challenge 'th'e numbers Proposed by ABAG: By MarCh 1, staff would ha~-e
the· City'S. response to ABAG numbers and would have filed'the 'letter with ABAG. The h0u~ing
element ~bnsultant would be. loOking at strategies for achieving those housing 'goals.
In response to Councilmember Baker,'May0r B0gosian i-ePlied'that a date would have to be set for
projects in progress, which would be included in the language of the moratorium.
Director Walgren suggested that the moratorium discussion exclude the Village because the ~ity
has a :Very specific .Vi!!age ~p!an/hat iS'~ve.ry:de/ailed in ifs l'and use goals and policies.
Mayor Bogosian r~lied'that if the focus is on the vision of Saratoga, it should include all of
Saratoga including the Village. Vice Mayor Mehaffey added that the Village should be a starting
point for discussi'on. ' ~ ' '~ ~ ' · ....
Commissioner Barry commented that the City needs a vehicle to raise the issue to a level of
attention to get input from the citizens.
Page 4 of 10
Minutes for City Council
Adjourned Regular Meeting/Joint
Meeting with Planning Commission
"'"'"'""DRAFT
Councilmember' Streit noted that although' he would not support imposing a moratorium at this
time, .however, '.it~ drafting a moratorium would get the public's attention, it would be something
worthwhile pursuing. The public's in, P~,t W6uld have to be overwhelmingly in support'Of the
moratorium 'in. o~der'~'or .me"to sUPPort 'i~!: Otherwise, I would vote to put it on the ballot for the
voters to decidel '~ "~' ' "? ~':"' ":~'
Discussion ensued regarding, oPtions :?0FPubiic noticing 'of"~he Pubii~c hearingg, including the
newsletter. ' ....
Mayor Bogosian commented he W°uld like-~0 Sch~d//Ib'a"public-hearing',6n March 1 and .go fi.om
there. He added he Would like to Pui'ia'rush"on 'the revieW o'f th~':newslette/'" a~t-icles in order i0
finalize the newsletter sootier than later. ~'
Mayor Bogosian directed ttle-' City ~ttomey to prepare the language for the moratorium and direct
City staff to proceed'wi.th publishing a pUl~liC h~afin~''~iot!.c.e in'th~ new~paper for March 1. Cduncil
concurred. ~ ~'
o . Status report on Circulation Element Update.
Director Walgren presented a status report.
There was no discussion.'
o ' Status' repOrt on Fencing O/-dinance reqisions.:
Director Walgren presented a status report.
Commissioner Jackman expressed her discontent with the review process of this item with the
Planning COmmission. She felt ther~e was insufficient information available and inSUfficient time to
discuss the issue. She recommended it come back to the Planning Commission for additional
discussion and review.
Commissioner R0upe disagreed and: felt that there was substantial discussion on the matter and a
reasonable decision was made by mgjority of the Commission.
Commissioner Kurasch commented on no[icing procedures and the lack of, particularly for issues
w~th a mtyw~de tmPact. She added.that perhaps using a survey or a poll .~rmght enhance the pubhc
input process.
Discussion ensued.
In response to Vi~'' Ma~)0r Mehaffey, 'Commissioners jackman":'and Kur'asch reiie;ated ihe~
concem about the process and the decision reached, for lack of information available.
Mayor Bogosian asked .for.the record; if a negative declaration was, presented to the Planning
Commission for their review. Commissioner Roupe replied the negative declaration was presented
Page 5 of 10
Minutes for City Council
Adjourned Regular Meeting/Joint
Meeting with'PlanningCommission
verbatin~ to the'Co~ssi0ni¥~birector Walgren added that a negative declaration was advertised.
Mayor Bogosi~,~.~uggest~d.r~ j(back t.0.7 the'PlUg Com~'~siOn, ensuring adequate public
' r garding fi6ing "
Discussion ensued e 'rio .
Chairperson Bern.aid ~°'mmented that' in her opinion, the Commissi6n'has re{,iewed and discussed
the matter and has moved 'forWhrd'w~th a recOmmendation. t6 the 'Council. To bring it back t° the
Plan/ting Commissi0n'wjthout.,any clear directi0~,fr0m Council would not be productive at the
Commission level at this timel ' She w0uld'like to see Some clear' direction from Council to bring
back to the Commission.
Commissi°n Barry., suggested ipei-haps a ~Combination of s°me.direCtion from Council and a revisit
of this issue at the Plarmlhg 'c0mmis~i0n level 'Would be 'appropriate in °i'der to reach a level of
understanding of the issue and where it should go."
.i
Mayor Bogosian asked the Pleasfire of the councii]
Councilmember Waltonsmith commented she world have liked to see a more in-dePth discussion
about the fence issue in the Planning Commission. She also' felt the Commission could have taken a
more phi.'.!osophical' approach to the issue, addressing why there were so many exceptions.
Chairperson Bema!d asked for a clear understanding of what the Council would like to see or how
they would like the Corninission to proceed.
Councilmembei' Baker i-eplied, that for starters a historical 'background of these exceptions would
help determine whether the current ordinance meets the needs of the community now.
Director Walgren explained that all that information was included in the Planning Commission
staff report ~.nd was a basis, for their recommendation. Tonight's topic was supposed to be a status
report to the Coundii: "Si/ice its been heard arid vOted by the C0 .:rr~rnission, the proPosed ordinance
wi!! come back to the COuncil for introduction with a similar sthff i-eport"~d backgroUnd
information that was submitted to the Commissi0~n and any other issues that have been addressed
this evening. '"
Commissioner~' Bany and Kurasch summarized their concerns about the inadequate discussion or
information available to them in order to move forward at.this time.
Vice Mayo; Mehaffey no/ed thele seems to be a difference in opinion among the Commissioners
about the process and the discussion that took place in the .Planning Commission. Although he
understands how' i°me .'of the .CgmmissionerS 'feel about moving forward at this time, the .fence
issue is.an, important.issue, and he would like to see as much input about it as possibl~ and 'would
like.to see the issues raised by Commissioners. Jac. kman,, Barry and Kurasch, addressed tonight and
also refer/ed to'in their email, addressed. He added that he would like to see the fence ordinance
review remm to the Planning Commission for further discussion and clarification of the points
Page 6 of 10
Minutes for City Council
Adjourned Regular Meeting/Joint
Meeting with Planning Commission
January. 25, 2000
DRAFT
raised tonight. -
'. - ,- ~ i .!' - .'t~'''' '-~ -' '" " '
Mayor Bogosian believes:there.are sqme .valid re~0ns whY lth4'fence ordinance was enh~ted. And,
unless a compelling case can be'made· to change it, he would piefer not to. He does not think that a
ConumsslOn dlsctission and it COuld bea very
sufficient level of detail-'%fis'~'eached in the'planning '" "' "' "" '~: ' '
profitable discussion if it goes back to the Planning Commission.
Chairperson Bemald summarized the~:items expressed by various members of the Council and the
Commission to bring back to the Planning Commission for further review and discussion.
Councilmember Streit requested the Planning commisli0n also c6n~ider the trails specifically those
below Mt. Winery and along Mt. Eden.' " ~
Director Walgren suggested to table the fencing ordinance review until further information and
discussion has developed regarding the deer issue.
Discussion ensUed.
Mayor Bogosian said he would like to see this matter move forward and proposed that it go back to
the Planning Commission to allow 'for' more information and discussion, particularly on the issues
addressed this evening. He reiterated he would not want to change the ordinance unless a
compelling case is made. If the deer issue surfaces in the discussion, then perhaps the City should
consider looking and dealing with that issue directly.
Chairperson Bernald expressed her disappointment that the Council received communication from
the Planning Commission without her knowledge and felt she could better represent the group, as
Chair, if she was made aware of all the issues at hand.
Mayor Bogosian explained it is reasonable''for any Planning Commissioner to communicate with
one or all of the Council individually as long as there is no ongoing communication amongst the
Councilmembers that would constitute a violation of the Brown Act.
Discussion ensued.
In response, City Attome'y Taylor clarified the'B£own Act 'and Public Record Act regulations and
procedures. ., .. ,,..
Cha'n'person Bemald requested for a copy of the Email for her information.
Mayor Bogosian said a copy of the Email woUld be made available to the Planning commission.
Mayor Bogosian asked the pleasure of the Council.
Councilmember Streit felt the fencing Ordinance review shOuld Stay-witi'i 'the Council and move
forward to schedule it for public hearing. "
Page 7 of 10
Minutes for City Council
Adjourned Regular Meeting/Joint
Meeting with Planhing'Commission
Vice Ma~,or' MehaffeY Would' like'"t6' return :it"i0- the' 'Pl~'g:"Q°~'~Si°n''to gather :more
information and dis'cuss it' ~i'i in61U~ling all of the issues that have been expressed tonight.
Councllmsmber Waltonsrmth sUpported:--~t going-back i~3U'th~' PI~' Ci~mmiSsion"f0i-'~more
Councilmember' Baker said he WOuld be'~greeable either'wh~(
Mayor Bogosian Supported ~se~ding it back~' t'i5~ :thai:planning CommisSi~)n~ 'for ~ore informafi0n ad
Mayor Bogosian declared at recess at 10:20 p.m. and reconvened at 10:30 p.m.
o 'ReView of Argonaut Elementary and Foothill Elementary School Renovation
Projects' Environmental Studies
Director Walgren presented' the staff r¢6rt. '
Mayor Bogosian said, as Council liaison, he wOuld be attending: the" Public 'Safety Commission.
tomorrow night. There were no other comments or discUSsion by the Council.
· PROPOSED POLICY ON APPEAL CONTINUANCES.
Recommendation: Approve proposed pol!cy.
City Manager Perlin presented the staff report.
Discussion ensued.
STREIT/BAKER MO~D TO APpRovE:THE POLICY ~S' pROpOSED. MoTION' PXSSED
5-0.
5. AGENCY AssIGNMENT REpORTs:
Association of Bay Area Governments
Chamber of Commerce B0~d "
'County Cities Assn)Leg.'Task'Force'"'"'
COunty HCD Policy Co~ttee ' ' ':"
Emergency Planmng Council
Hakone Fotlndatioh~Liaison..:" "'"
KSAR Community Access TV Board
Library Joint pOwerS AiUth0rity B0~d
North Cent. Flood Cont. Zone Adv. Committee
Penin'.' Div.,; L~agUe 6f Cal.' Cities" ' ....
Santa ci/ira i~alley Water Commission"
Sant~i 'Ciara~ County Citi~ Assn:/
'City 'Sbi~tion Committee
Mehaffey Streit
' ..... Bogo~an ~::'" Waltonsfiiith
"B°g°s MehaffeY
"Bogos{ah' "' Baker
.... Mehaffey Streit
Waltonsmith Mehaffey
: ..... ' Mehaffey
Baker
.... walton~miifi~
Page 8 of 10
Minutes for City Council
Adjourned Regular Meeting/Joint
Meeting with Planning Commission
SASCC Liaison
Saratoga Business 'Development Council
Sister City Liaison
West Valley Solid Waste JpA' '~
~ Va!ley'Tr~si~ortation' AuthOrity PAC
West Valley Sanitation District
Councilmember Waltonsmith ~reported on
Waltonsmith
M~h~itTey
~ ' Streit
........ ~ Waltonsmith
sAscc meeting
'Janua~25, 2000
DRAFT
Bogosian
Waltonsmith
Mehaffey.
Baker
· Mehaffey
.Mehaffey
discussing concerns about the
renovation of the Community Center and their search for a Coun~ Liaison; VTA, she attended the
Silicon Valley Manufacturer's .'GrOup me~ing discussing the SCA-3 passage for the November
ballot; discussion 'with Sen.' She~: regarding the'Highway 85 repaving project and he would like to
receive an update from the City on this project.
City Manager Perlin rePlied he has contacted Sen. Sher's staff.
Councilmember Baker reported o~ Emergency Preparedness Council's successful Countywide
earthquake drill; Santa Clara Cities Associatioh made their' ~elections to fill various agency
vacancies; a report from legislative analysts stated that the probability of cities getting additional
rebate this year from state budget excess is slim due to the fqcus~of putting the money into
education; West Valley Sanitation District' at the Califomia Assn. of Sanitation Agencies
conference there was discussion about the new rules and imple_mCntation thereof under EPA
standards for the Clean Water Act.
Councilmember Streit reported 'on weSt Valley' Solid'Waste JPA's meeting regarding recycling
mandates, stating that Saratoga' met those mandates, and the J'PA~ 'will be asking the cities to
develop an ordinance to recycle construction materials.
Vice Mayor Mehaffey reported on SBDC's discussion about the PerfOrmance Arts Theater and
stating that SBDC has asked that' this 'item be agendiZed befOre the City Council to ask for the
City's support and assistance in the process to revitalize the theater. Council concurred to bring it
back on February 16, 2000. Other discussion included .Caltrans' relinquishment of
Saratoga/Sunnyvale Road to the City, Azule Crossing, Celebrate saratoga underway, directional
signs progi'am, PBIDs (Pu~li.c Business Improvement Districts).
, . ,, . ~'~ ,,:~ . :, , :. ,
Mayor Bogosian reported on discussions at the Chamber of Commerce retrbat including curbside
recycling; Hakone Strategic Plan Task Force discussed to develop a plhn 'for 2005, he received an
advanced copy of the lease with''the City from Lon Saavedra :~hicl~. Will come before the City
Council at some.point for discussion; KSAR discussions included the lawsuit with' AT & T under
closed 'session, and purchase ofcamcorder equipment for offsite use.. Finallj, as Council Liaison t(~
the Library Commission, he received a request from the Commission asking two Councilmembers
to assist phoning citizens to support the bond.
6. SELF EVALUATIoN:OF PREVIOUS MEETINGS: 'January 5 and januarY 19, 2000.
No comments.
Page 9 of 10
Minutes for City. Council
Adjourned Regular Meeting/Joint
Meeting with Planning Commission
In response to Mayor Bogosian, City Manager Perlin replied that the status report of the Saratoga
Creek settle agreement would be brought babk}~fi,'the' ,n. ext'adj0"~mTled meeting." ' '""~ '
Councilmembers Baker commented he received an email fr6m Ian Webb regarding maintenance of
thc monument signs entering Saratoga. City Manager Perlin replied it was referred to Public
Works to look into the problem and will bring it to their attention again.
Councilmember Waltonsmith received an email fi.om Michael H. regarding the drinking facilities at
Gardiner Park andWanted staff'to look into it. She also asked if the SASCC concerns regarding thc
renovation would be agendized.
Mayor Bogosian noted these' 'items. codld' be discU~'~ed: ai:h joint meeting with' Parks ~& Recreation
Commission and SASCC in March.
. ~ .... :;~.~' ~,',., ~ . . .. ~.~',, ,. . . . , ! - .-
Councilmember Streit requested tO" ": ' ..... ' ':" .......
agend~ze the trails nOn-c0.m, pliance issue. 'in March. City
Manager Perlin noted it would' make sense to i0Ut'it on the agenda with the Parks and Recreation
Commission in March. Discussion ensued. Council. concurred to agendize it in March.
City Manager Perlin commented on the following:
* The Chamber is inviting the Council to attend the dinner for the Business Person of the
Year, Pearl Medeiros. Councilmember W. altonsrni'th said she would attend.
· The legislative' bill for TEA is in process and underwaY. A cOpy Of the legiSlative'calendar
will be proVided to the Coilhdil' sO they can follow the legislative process.
· The next meeting of February 2 will be held in the Adult Care Center.
In response to Mayor' Bogosian, Mr. Perlin replied ih 'at *he contacted Sen. Sher's"Staff by telephone
to write a letter t° Caltrans, as requested' by COuncil. His staff responded that rather than writing
Caltrans a letter, they ~anted to bring it up at an upcoming meeting with Caltrans to see what their
position is at this time:.'' : : :. ~:,.. .: .:... , :,:... .... .. ,.. ~..,, ?~. ¢,.~..
AD{OURNMEN~I ~:,.Mayor~. ~ogos!an .adJ0. ,uyned the.meeting.at .11:2! p,m, to [he next adjourned
meeting'0f.FebrU.ary 8; 2000:~ '.- .... "~ ' ~ ........ ' ....... ' ..... ' ...... ""i":' .... '"'~ .... :": '~:~
Respectfully yours~
Susan A. Ramos, CMC
City Clerk
Page lOoflO
TIME:
PLACE:
TYPE:
MINUTES
SARATOGA CITY COUNCIL
DRAFT
Wednesday, February 2, 2000 - 5:30 p.m.
ClosedSession - Administrative Conference Room, 13777 Fruitvale'Avenue;
Regular Meeting - Adult Care Center, 19655 Allendale Avenue
Regula~ Meeting ,,~ -~ ~ . ~ ~,
OPEN SESSION- 5:30 p.m. in the AdmiifistratiCe conference;RoOm , ·
ADJOURN TO CLOSED SESSION
1. CLOSED SESSION
L-, Conference with, Legal Counsel - Existing Litigation pursuant to Government
Code Section 54956;9(a) - Name of Cases: City of Saratoga v. TCI of
Cleveland, Santa Clara County Superior CourL
2. Public Employee Mid-Year Performance Evaluation pursuant to Government
Code Section 54957 - Title: City Attorney (Continued from January 25, 2000)
3. Public Employee Mid-Year Performance Evaluation pursuant to Government
Code Section 54957 - Title: City Manager (Continued from January 25, 2000)
MAYOR'S REPORT ON CLOSED SESSION - Mayor Bogosian declared there were no
reportable actions taken.
Mayor Bogosian announced the resignation of the City Clerk with regret and commended her for
her professionalism and diligence.
REGULAR MEETING/CALL TO ORDER - Mayor Bogosian called the meeting to order at
7:00 p.m. in the Adult Care Center, 19655 Allendale Avenue.
PLEDGE OF ALLEGIANCE - Led by Director of Administrative Services Walker
ROLL CALL - Councilmembers Waltonsmith, Baker, Streit, Vice Mayor Mehaffey and Mayor
Bogosian were' present. Staff present: City Attorney Taylor, City Clerk Ramos, Director of
Community Development Walgren, Director of Administrative Services Walker, Acting Public
Works Director Cherbone, Administrative Analyst Reeve. City Manager Perlin Was absent.
2. CEREMONIAL ITEMS - None
Page loll3
DRAFT
-._ .. February 2, 2000
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 January
28, 2000.
..... 3. - COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC
A. Oral Communications on Non-Agendized Items
Mary Jean Fenn, Committee for Saratoga Library Bond Measure N, commented that of the 3200
phone calls made to citizens, 77% supported the bond. She thanked the Council for putting it on
the March ballot and endorsing the measure individually. She requested the Council to endorse
Measure N as a whole.
B. Communications from Boards and Commissions
.... . .,. 1. Recommendation from Public Safety Commission on comments to
~,.-. - '"' Argonaut Elementary School Renovation Project Environmental Impact
Report 0gIR).
~Director Walgren presented the staff~'~Ort ~a~.d artflouncedthat Frank Lemmon is present to answer
any questions: .....
Following some clarification from Mr. Lemmon, Mayor Bogosian commended the Commission for
their professionalism in this matter.
BAKER/STREIT MOVED TO ACCEPT THE COMMISSION'S RECOMMENDATION AND
FORWARD IT IN A LETTER FROM THE MAYOR TO THE SCHOOL DISTRICT. MOTION
PASSED 5-0.
Written Communications
Joint letter dated January 20, 2000 from the Santa Clara County Board of
Supervisors and the Silicon Valley Manufacturing Group regarding
legislative advocacy trip to Sacramento scheduled for April 4-5, 2000.
Mayor Bogosian reported he requested the City Clerk to put this letter on the agenda to ask if any
of the Council members would be interested since he was not available.
Vice Mayor Mehaffey accepted the invitation to represent the Council on this trip.
4. CONSENT CALENDAR
Previously Discussed Items - None
New Items
1. Planning Commission actions of January 26, 2000.
Page 2 of 13
RecOmmendation: Note and file.
2.:'.~ Approval. of Check .Register
Recommendation: Note and file
.7 ::" ::" :X' ! 'i~
3. Memo authorizing publicity for February 16, 2000 Public .Hearing item:
Ordinance designating, the. Hyde I-!ouse gt,! 1995 ,W~brook Drive as a Historic
Landmark(HP-24',R6defibefg): ~ ' ~' ' .... : ~::~' ':
Recommendation: No addi.tional nqt, i, cing is required by law.
'' "' '' "V? ',l:.'~ .~..;".,.
4. 1999 Annual Concrete Repair-.Final Acceptance and Notice of Completion
Recommendation: Mo~/e th' acc~t the)iproject -as Complet6 and'authorize Staff
~o ~tice of~c~mPleti0n: t~o~ hhe c0hSffuction contract.
STREIT/WALTONSMITH MOVED TO APPROVE CONSENT CALENDAR ITEMS 4B.1-4
AS PRESENTED. MOTION PASSED 5-0.
C. Claims Against the City - None
Due to the early hour foi' Public Hearing, Mayor Bogosian moved to the rest of the agenda at this
time.
OLD BUSINESS
A. Amendment to Agreemen~'~with'Santd Clara Valley Humane 'So'Ciety to extend
Animal Cont~-o1~iiid'Sheltering serVices from Jul~' i,~ 2000 :th:~Ugh Sun~ 30,' :'~''
2001. "'
Recommendation: Authorize the City Manager to execute the Amendment to the
Animal Services Agreement between the Humane Societ~'of santa clara Valley and''~
the Cities °f S~at0ga, Cupertino, Campbell, Monte Sereno and the Town of Los Gatos.
Director Walgren requested that this item be deferred to later oh the'agenda When staff is ax)affable.
Mayor Bogosian and the rest' of the'Council concurred.
7. NEW BUSINESS
A. Res0ifiti~}n't0 amend i~emo~andum of understanding (MOLl) for Wages,
employee beniffits} and conditions of employment between the City of Saratoga
and the Saratoga Employees Association dated July 1, 1999.
RecOmmimdafi0h:: Adopt proposed resolution and authorize the City Manager to
,_,amend Memorandum of Understanding accordingly.
Director Walker presented .the s~ ~ ~tatT report.
BAKER/MEHAFFEY MOVED TO ADOPT THE i RESOLUTION . .AND AUTHORIZE THE
CITY MANAGER~;~TO ME.ND THE- ,- MEM,.ORANDUM OF UNDERSTANDING
ACCORDINGLY. MOTION PASSED.
Page 3 of 13
City Council Minutes
DRAFT
F¢6ma~ 2, 2000
ORAL COMMUNICATIONS (continued) and instructions to staff regarding actions
on current oral communications.
Mayor Bogosian recommended bringing back the request made by Ms. Fenn for Council
endorsement of Measure N to the next regular meeting for.consideratiOn. Council concUrred.
APPROVAL OF MINUTES (Note: City Attorney may be excused at this point if no
longer needed.)
A. Special joint meeting (Closed Session) of January 14, 2000
Recommendation: Approve minutes.
STREIT/MEHAFFEY MOVED TO APPROVE THE MINUTES OF JANUARY
MOTION PASSED 5-0.
B. Regular meeting of January 19, 2000
Recommendation: Approve minutes.
14, 2000.
Councilmember Waltonsmith corrected the minutes, on page 9, under Other, und her reporting
about the VTA PAC's meeting, paragraphs 3 and 8, to replace the word letter with verbal
announcement.
STREIT/MEHAFFEY MOVED TO APPROVE THE MINUTES AS CORRECTED ABOVE.
MOTION PASSED 4-0 (COUNCILMEMBER BAKER ABSTAINED).
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 February 8, 2000.
1. Joint Meeting with Public Safety Commission
. a. Mid-year review of Sheriff's Department activities.
b. Report from the Saratoga Fire District.
c. Report from the Santa Clara County Fire District.
d. Review of 1999 Highlights and Goals for 2000.
e. Saratoga Union School District Busing Program Update\.
2. Status Report on Saratoga Creek Litigation Settlement Activities.
Page 4 of 13
City Council. Minutes
DRAE];
3. Review of City Newsletter articles.
Mayor Bogosian requested to include a status report from the Saratoga Fire District on their bond
measure. Council concurred .
Councilmember Walt0nsmith referred to a fax she received fi.om the Chamber of Commerce
requesting the City COuncil to prepare a letter of commendation for Pearl Medeiros as Business
Person of the Year, to present at the.dinner event of. the Chamber of Commerce on February ~5,
There was consensus of the Council to direct staff to prepare a letter of commendation for Ms.
Medeiros.
Councilmember Waltonsmith.was pleased {o announce ,the Saratoga'Union Elementary School high
standing in the County.
11. CITY MANAGER'S REPORT - Director Walgren reported the following:
Review of Saratoga's. Equestrian Trail 'will be presented to the Parks and Recreation
Commission at their next meeting and copies will be forwarded to the City Council.
County Planning Commission will be considering the Mt. Winery permit and EIR on
February 10 at 9:30 a.m. and March 2 respectively. These dates are not for the use permit
or the EIR itself,, bedause the final EIR has not been released for public review. These
meetings may be for interim study sessions. He will continue to follow up with the County
to keep track of the project.
At the request of Councilmember Baker and a consensus fi.om Council, Mayor Bogosian opened
Oral Communications fi'om the Public to accommodate those who did not fill out blue slips earlier
and would like an opportunity to speak about items not on the agenda. There were no additional
speakers.
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 isgues yoU or someone else raised at the public
heating(s), described in this agenda, or in written correspondence delivered to the City
Council at, or prior to,.the public.hearing. :. ' ~.~. .: , :
A. Reconsideration '.'of City CouneiPs decision to overturn the Planning~Commlssion
approval of applications SD 99-005, UP 99-018, DR-99-037 '(12312 Saratoga-
Sunnyvale Road;-Applicant: Azule Crossing,-'Inc., considered by City Council on' .
December 15;,1999. ,Reconsideration granted on January 5, 2000. (CONTINUED
FROM JANUARY 19, 2000)
Recommendation: Reconsider Council's ~December 15 decision to deny the project.
Director Walgren presented the staffreport.
Page 5 of 13
DRAFT
City Council Minutes February 2, 2000
STREIT/WALTONSMITH MOVED TO RECONSIDER THIS ITEM AND OPEN THE PUBLIC
HEARING TO RECEIVE PUBLIC TESTIMONY RELEVANT TO THE PROEJCT. MOTION
PASSED 5-0.
Mayor Bogosian opened the public heating at 7:35 p.m. and invited the applicant to speak.
Scott Ward, Classic Communities, co-applicant representative, provided a description of the revised
development proposals to construct 20 new residential units of and remodel the existing retail
building located at the fi'ont of the property. Added highlights included:
· Eliminates the common wall and town home units approved by the Planning Commission
· Maintains the single story home aligning Seagull Way; the adjacent 1-1/2 story home, the open
space at the terminus of the entry drive; the relatively small floor area of the homes
approximately 1850 square feet; pedestrian fi'iendly character of the circulation plan.
· Provides for overflow parking on the commercial parking
· Well design, high quality, new home community with modestly sized homes that provide a
little diversity in the housing choices currently available in the market
· Core group of neighbors supportive of this plan
· Floor area of the commercial building has been increased by approximately 2600 sq. fi. without
disturbing the basic site layout
· Adjustments have been made to accommodate parking for the larger commercial area
Mr. Ward added that the applicants are also prepared to propose an alternative plan to construct 22
residential units with 20. market rate homes and 2 below-market rate homes and incorporating the
design features specified for the 20-unit plan. However, the core group of neighbors is not
supportive of the altemative plan due to the impacts of 22-unit single residential homes.
Furthermore, the applicant is not in a position to move forward with a 20-unit development that
would include two below-market rate units due to the constraints on the economic feasibility of the
modified plans.
Mr. Ward enumerated some of the factors negatively'impacting the commercial area at this time
and expressed the concerns of the neighbors regarding the aesthetics of the' modified commercial
building which could be accomplished through the application of well defined architectural
adjustments, some of which could be illustrated this evening by the architect; and he is confident
that this matter can be resolved fi.om this point forward at the staff level.
Questions and responses followed regarding cornniercial parking and the second story stairway.
Kurt Harold, Architect of the commercial land, provided renderings of the proposed commercial
building layout to illustrate some of the comments from the neighbors and the applicant's proposed
solutions to those comments.
Mayor Bogosian recognized the following speakers who spoke in favor of the modified 20-unit
project:
1. Kristin Davis, 12378 Saratoga-Sunnyvale Road
2. Milan Popovich, 12335 Goleta Avenue
3. Pat Andreson, 19952 Gamett Court
Page 6 of 13
City Council Minutes
--DRAFT
February 2, 2000
4. Dewey K0sich,,12280 Sm~Saratoga/SunnyvaleRoad ....
5. Dr. Marchelle Fox, 1'9 ~.~...0-~ineyard:Lane ', ~,::,..:.~-...-. -~ ..~:.-:~..
6. Mary Helmers, 19875 Sea Gull Way
7. Pearl Medeiros, 1045 Zarick Drive, San Jose, spoke on behalf of the Chamber of Commerce
8. Marjorie Ottenberg, 12881 Foothill Lane
9. Preston Wisner, 20400 Saratoga-Los Gatos Road
10. Jeanne Steward, 13927 Pierce Road
11. Glynis Wineinger; Edward Jones In~estments;~12297~Saratoga-sUnnyvale.Road .- ~.~- .....
12. Arvin Engelson, 20381~ Sea Gull Way
13. Jeff Wang, 12486 Sumner Drive
14. Jeffi'ey Walker, 20451 Sea Gull Way, expressed support of the proposed development, however
he expressed concern that second story of the commercial building not meeting the
requirements of the ADA. In addition, there has been no drawing submitted on the plans for the
north elevation of the second story. He urged the Council to approve the project with
conditions to address these~issues.-
15. William GUthrie, 20422 Seagull Way, supported the proposed development. He expressed
concerns about starting a Below Market Rate housing program in Saratoga. He recommended
deferring the BMR. 2program;until .policies areestablished and consider a program that is fee-
based only.. .....
16. Beth Wyman, 12231 Fredericksbm-g, spoke on her behalf and that of Greenbelt Alliance.
17. Stephen Peng, 20436 Sea Gull Way
18. Marilyn Riding, 21836 Villa Oaks Lane
19. Ray Froess, 20225 LjepaVa Drive
20. Eric Yang, 20380 Sea Gull Way
21. Carl Orr, 12361. Saratoga, Sunnyvale Road, expressed support, particularly the traffic signal at
Sea Gull Way..--...~:--~ -- :.~. :.. ..~ ....
22. Zoe Alameda, 12341 Saratoga-Sunnyvale Road
23. Carl Guardino, 132 Holly Court, Mountain View, spoke on behalf of the Silicon Valley
Manufacturer's Group
24. Dick Wood, 14694 Sycamore Grove, former President of the Chamber of Commerce
Following public testimony, Mayor Bogosian invited the applicant for his closing comments.
Scott Ward said ,had no additional comments.
Mayor Bogosianclosed the Public hearing, at~8:40~p:m, and asked the pleaSure.of the Council.
Councilmember Streit expressed support of the 20-urfit full market rate project and the deferment of
the below market rate housing at this time, as expressed earlier by Mr. Guthrie. He commended the
developers for their cooperation and efforts.
Councilmember Baker expressed support of the modifications to the proposed development. He
concurred with Councilmember Streit to defer the Below Market Rate program until policies are in
place.
Councilmember Waltonsmith expressed support of the propoSed project. She still believes
commercial space will be at a premium some day and the City will have less space to offer than
Page 7 of 13
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--DRAFT
February 2, 2000
they would want. She supports the idea of Below Market Rate housing and would like to see some
of this type of housing in Saratoga.
Vice Mayor Mehaffey expressed support of the project in consideration of the time and effort that
went into this proposal by the developers and the neighbors, in the interest of fairness to the owners.
and in the light of changing Council priorities. Although he is not in favor of changing the
proposed residential development to include BMR units, he concurs with Councilmember
Waltonsmith in planning for some Below Market Rate housing units in Saratoga. He would like
the developers to continue working with staff on the issue of perhaps installing an elevator for the
commercial building. He served notice that he will not support any more projects of this nature
until the Council a consensus is made by the community in terms of commercial and office space
and also what the City's requirements would be to provide affordable housing un/ts as required by
the legislature.
Mayor Bogosian expressed support of the 20-unit proposed development. Many improvements
will be derived fi.om this proposal including the installation of a traffic signal light in on Sea Gull
Way. He concurred with Vice Mayor Mehaffey that the City needs to be looking at addressing
these conversions in the long term and looking at the community's housing needs. Procedurally, he
would like to see the Council approve the Conditional Use Permit to allow the split of the
properties in commencement of the construction activities. Although significant concerns were
raised regarding the design of the two-story structure, the developers have shown a willingness to
work with the neighbors to provide some guidance on how this can be resolved architecturally. He
is supportive of sending the architectural aspect back to the Planning Commission for review. He
also supports looking into the feasibility of an elevator understanding the limitations of that feature.
Councilmember Baker recommended sending back the architectural review to Planning staff to
approve the final 'rendering for the exterior design and the second floor configuration. He also
suggested referring the elevator issue to the architect tonight for his comments.
Mr. Harold replied because the second floor is a small floor area, an elevator would be very costly
and would like to look into it further.
Councilmember Streit asked if it would be more appropriate to send it back to staff to review the
architectural and elevator issues. Both Mr. Harold and Director Walgren expressed in the
affirmative.
In response to Vice Mayor Mehaffey, Planning Commissioner Page replied he would support
sending it back to staff.
BAKER/STREIT MOVED TO ACCEPT THE NEGATIVE DECLARATION OF THE-.
ENVIRONMENTAL IMPACT REPORT. MOTION PASSED 5-0.
BAKER/WALTONSMITH MOVED TO APPROVE SD 99-005, UP 99-018 AND DR 99-037
WITH THE FOLLOWING CONDITIONS THAT FINAL ARCHITECTURAL REVIEW IS
LEFT TO PLANNING DEPARTMENT STAFF INCLUDING THE ECONOMIC FEASIBILITY
OF INSTALLING AN ELEVATOR IN THE COMMERCIAL BUILDING. MOTION PASSED
5-0.
Page 8 of 13
City Council
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Minutes February 2, 2000
Appeal of Planning :Com~iiiSsiOn ~Pp~-oval)bf':~PPiication DR 97-061 (14085
Magson Court, APN 503-72-014, Appellant: Kwong, Park & Sze; Applicant: Lin).
Design Review approval to construct a new 6,461 square foot two-story resided,ce
·
-on a ,vacant 2.~75-acre lot. Approved by Planmng.Commlss~on on ,December' 8,
1999. '(CONTIlh'UED FROM JANUARY 19, 2000)
Recommendation: Deny .the..appeal and uphold ,.the.P1 .an~fin. ' g Commissir~n's.appro~..al
of{lie apPlication.' ": " .... '- .... ~ ' " ..... -; ;"' """'"'--""
Director Walgren pr6sented th6' StaiT~b~ and announced that~'~ommi~§ioner Page is present'
this evening for any questions of the Council.
In response to Council, Commissioner Page provided background of the review of the project
and some of its key issue~ including the looping driveway, copper roof, design, privacy and
grading specifications. ~'
Discussion ensued. -.
Mayor Bogosian annoUnced he visited the site and spoke to the appellants in person and by
telephone on this matter. He opened the public hearing at 9:33 p.m.
.... }' ' ' ' . ';: ' ? i ' : ! ' ' · '
Nonchi Wang, Architect'representing the applicant, provided.background and illustration of the
project with architectural renderings and models. Highlights of his presentation included:
· Architectural compatibility- . ~
· Complied with the City's Design Guidelines.
· Front and:side yard definition has been addressed
· High quality view of the surroundings
In response to Mayor Bogosian, Mr. Wang replied that.shifiingthe structure down the hill toward
the valley would require cutting the slope drastically; and added that the landslide will be
repaired to the fullest extent.
Mayor Bogosian invited the appellan(s to speak.
Joseph Park, 14800 Masson Court, appellant, commented that the concerns by the appellants,..
included neighborhood compatibility, setback and h'6ight Standards, and a grOss' violation of' ....
one's own property rights, Pbinting out that the latter issue involves his property only. The
design as illustrated in the staff report includes a second driveway, which extends 18' beyond
their easement into my property. This was verified by the property .map dated January 25
obtained through the Plannirig bffice. This violation was overlook&d in the design review
process. Subsequently, it was recognized by the applicants and their architect, who responded
that they would make revisions. However, to this date, he has not seen the revisions.
' .-7 ~" "-' ' · . '3i! ",.'
Mabel Sze, 14780 Masson Court, appellant, reiterated their concerns about the front and rear
setback violations, architectural compatibility and noise, which has aggravated all of the other
issues. The location of the proposed structure, as illustrated in the photos she submitted, will
encroach on the neighbor's property, obstruct their view and invade their privacy. She also
Page 9 of 13
City Council Minutes
DRAFT
February 2, 2000
commented that consideration should be made to use the landslide area, after it has been repaired,
as part of the building pad as it was originally intended. She expressed the desire to work these
issues out with the applicant and his architect.
John Kwong, 14581 Saratoga Heights Court, commented regarding the inaccurate information
received ab'out the survey markers on the property. He reiterated concerns of architectUral
compatibility, property line encroachment, setbacks and the landslide. There is insufficient,
conflicting information in the files on the setbacks and location of the proposed house. There has
been no dialogue between the applicants and the neighbors and no attempt to resolve anY of the
concerns addressed by the neighbors. He reiterated he does not wish for the applicant's landslide
repair to encroach into his property and said that this project does not comply with City code.
He further demonstrated some of his issues using the architectural model and maps.
Questions and responses were exchanged between the Council and the appellants regarding
setbacks and the landslide.
Director Walgren referred to the geology map attached in the packet for the several slumps and
landslides occurring to the north of this property. He confirmed that the landslide repair would
· cross a small degree onto Mr. Kwong's property; however, staff has assured Mr. Kwong that the
conditions of the approval will state that the applicants'cannot repair the landslide beyond their
own property without the consent of Mr. Kwong. Furthermore, he clarified the discrepancies and
inaccuracies alluded to by Mr. Kwong about the City files was due to the many revisions made
throughout the process.
Architect Wang clarified the discrepancies of the survey pole and driveway location.
Discussion continued.
In response to Councilmember Waltonsmith, Director Walgren replied that the landslide can be
repaired without encroaching on another person's property and can be built to support a house
pad.
There being no more discussion, Mayor Bogosian asked the applicant and the appellants for their
closing comments.
Architect Wang commented that the negative feedback from the neighbors was based on their
understanding of how the setbacks were determined. Director Walgren has explained how they
were determined when the subdivision was approved and that's what the applicants work with.
He reiterated that the project complies with the Zoning codes. Although he respects the opinions
and concerns of the neighbors, he feels that a lot of effort was put into the proposed design to
address the privacy issues. He also explained the need for the front driveway. He expressed
their desire to work with the neighbors to resolve their issues.
Mr. Kwong commented he would like to see a survey marker placed on the property line to
eliminate any confusion when the landslide is repaired. To summarize, he reiterated the
conflicting and ambiguous information available to the neighbors, which has resulted to this
heating. He added that the architect has been unwilling to work with the neighbors and asked the
Page 10 of 13
-DRAFT
City Council Minutes February 2, 2000
- ~'~ ~ 4'~ '¢. ~: ' ,'r~' .~:~;
Council to ove~m the Pl~ng Co~ission decision to approve t~ p[oject.
Mayor Bogosi~ closed the public he~fig at 10:21 p.m.~ ~d ~Xed the'ple~e of~e Council.
Councilmember B~er expressed eonem-&Bout~e aed~at~ to'eafiofi.~fthe proposed'~houSe¢'he
supports its desi~, md f6eo~efidefl e0ntihhin~'~e pubii~:~:~ng ~til its exact.location is
cle~. He also expressed concem:a~.~,~t, bui!~qg a P0~! 9[.P~gP~d-:in the ~everely eroded
mca ~d felt this should be a concern o~bo~ theapplic~t ~d ~e.ad3acent Pr0peny owner
find it in their best interest re:work together m. rep~ ~s erosion..'
Comcilmember Streit conc~ed~t~Qb~ci~mber~B~e~reg~di~g' sf~ng its exact locmion
and has no problem w~th the setbacks: 0r the aes . He WoUld hot ~uppom moVing the house
down in the valley.
Councilmember Waltonsmith~eo~ented the.desi~ isgoodbuV felt the proposed home. could be
moved mound to go dom towers the'p~ol '~ea. She, courtS'about :good neighbor'
practices. She expressed c6ncem'ab¢fit the mbi~iW 6f{he location of the poles ~d is not
prepared to accept it as it is c~enfls propose& She r~c0~en~ed the neighbors ~d applic~t
work together to resolve the:issues. ~ , ~-.%_: ....... ~
Vice Mayor Mehaffey concu~ed with ~s colleagues ~d is dis~bed that the poles have not been
fixed ~d should be a cause for.9ontinu~ce or de~al. He'h~'n0 problems with the mchitecture,
the biggest problem is that if thehoUse' should bce as proposed, ~onsideration shOuld be made to
meet the setbacks. He conc~ed with Councilmember Waltonsmi~ to elongate it to bring it
~nher ~om Mr. Kwong's prope~. He. would .like to see some concessions made to the issue
that it is ~onting on Masson Com-~dbacking tow~ds Mr. Kwong's'.propemy. · ......
Mayor Bogosi~ reco~zed the issu~ 0f ~chitec~e ~d sWle ~d privacy ~d ~views. Contr~
to the Pl~ng Co~iss~on'~:C0~c6pt of what c0nstitdte~,~is neighborhood, he/'eels thru the
neighborhood consists of ~e-homes.cluster~ .up ~ ~at,~ea ~0m_~¢'. S~gtog~Heighm .C0~
over to Masson CouP. These lots were plowed to :prese~e ~ open space easement ~d a ~ee
flow of the hillsides. He concurs with Co~cilmember Waltonsmith ~d Vice Mayor Mehaffey
to see a redesi~ of the proposed'h°Us~'t0 ad,ess' the setback,' enfiroac~ent'~d_height'issues.
He would like to see the nei~b6rs"~03~ !Ogether to.resolve the ~atter ~d reco~ended : ' :"
moving the proposed hom~m~,~.~pogl,~em; ~He c~ot suppom the pr°j'~6t as presented'.
In response to Mayor Bogosi~; Dir~tor ~al~en replied ~at~:~e Council~could continue.~e
public hemng to allow tiffi~':fo~:the:neighbors' to_ work out'~their,c0ncems,:0v act.on this..
application ~d give the appI C~s~d~rect~on~s'~iculated this eYeing to' gUbmit a new -'
application before ~e Pl~h~]Co~ission. The process would be 0Xpedited; it'would not have
to redo all the investigations. However it may t~e a few months before the revised plus me
submitted.
With Council permission, Bill Liu, properly owner and applicant, expressed, deSii'e'~to Work',~ith
the neighbors to resolve the matter. When he talked to Mr. Kwong about repairing the landslide
even beyond his property line, Mr. Kwong refused. He does not understand why and is
concemed about the further erosion of the landslide. He also demonstrated the topographical
Page 11 of 13
DRAFT
City Council Minutes February 2, 2000
issues of moving the proposed house as express~ed earlier and possibly violating the City's
Design Guidelines. He expressed he is willing to change the design and reiterated his desire to
repair the landslide before it gets worse.
BAKER/STREIT MOVED TO CONTINUE THE PUBLIC HEARING TO MARCH 15, 2000
TO ALLOW ALL PARTIES CONCERNED TO WORK TOGETHER TO RESOLVE THE
ISSUES ADDRESSED TONIGHT AND SUBMIT REVISED PLANS AND CORRECT
POLES FOR THE NEW DESIGN. MOTION PASSED 5-0.
At this time, Mayor Bogosian moved back to item 6A, which was deferred earlier.
6. OLD BUSINESS
A. Amendment to Agreement with Santa Clara Valley Humane Society to extend
Animal Control and Sheltering Services from July 1, 2000 through June 30,
2001. ~-~.~ _
Recommendation: Authb~:the City Manager to execute the Amendment to the
Animal Services Agree~tibbiween the Humane Society of Santa Clara Valley and
the Cities of Saratoga, Cu.Pert.ino, Campbell, Monte Sereno and the Town of Los Gatos.
Paula Reeve, Administrative Analyst, presented the staff report.
Discussion ensued.
In response to Vice Mayor Mehaffey, City Attorney Taylor replied he will review the plan
regarding insurance provisions and report back to him.
BAKER/STREIT MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE
AMENDMENT TO THE ANIMAL SERVICES AGREEMENT WITH THE COUNTY'S
HUMANE SOCIETY. MOTION PASSED 5-0.
At this time, Mayor Bogosian recognized a request to speak which he received on an item not on
the agenda.
Chris Hawks, 20390 Bluer Drive, commented regarding continuing concems about the Argonaut
Shopping Center including noise (from pressure washer on sidewalks and congregation of young
people around the coffee shop), bright lights, regular skateboarding on the premises, the
landscape hedge and the map illustrating the stores coming into the center and urged Council's
assistance in resolving these issues.
Discussion ensued.
Director Walgren responded to the concerns expressed. He clarified that sidewalk cleaning is a
requirement of the project to be conducted after business hours but certainly not in the late hours.
He was not aware about the bright lights and noted he would look into it. The landscape hedge is
a condition of approval before the final permits are granted.
Page 12 of 13
City Council Minutes
Discussion ensued.
__DRAFT
February 2, 2000
/
Mr. Hawks reiterated that this is a sound issue and-would.l~e,the ~,ity to enforce tile noise
ordinance in this aspect.
Mayor Bogosian commented the center should do something about the lights,an~e l~ndscap~
hedge.
............ ~. _.....~'-~:"~i.~''` ,, _ ...............
Director Walgren'commented that wheii" it has gone' long enough the ~¢. could.look'into. ,~_...
resorting to legal action. He will discuss this with the City Attorney.
' '.-~,, '::...' ~-!;.~-' ~4~-":' i:'~,. ;':-',
12. ADJOURNMENT - Mayor Bogosian adjourned the meeting at 11:20 p.m. to the
adjoumed regular meeting of February _8~. 200.0~ al7:00 p.m. in.the Adult Care C enter .....
Respectfully submitted,
. , ,, .
Susan A. Ramos, CMC, City Clerk
Page 13 of 13