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HomeMy WebLinkAbout04-16-2003 City Council Minutes MINUTES SARATOGA CITY COUNCIL APRIL 16, 2003 The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room. 13777 Fruitvale Avenue at 5:30 p.m. Conference With Labor Negotiators (Gov't Code 54957.6): Agency designated representatives: Lorie Tinfow, Assistant City Manager & Jesse Baloca, Administrative Services Director Employee organization: SEA Conference With Labor Negotiators (Gov't Code 54957.6): Agency designated representatives: Dave Anderson, City Manager Employee organization: SMO Conference With Legal Counsel- Existing Litigation: (Government Code section 54956.9(a)) Name of càse: Nora v. City of Saratoga (Santa Clara County Superior Court No. CV8l0985) Conference With Legal Counsel - Anticipated Litigation: (Government Code section 54956.9(b) Number of potential cases: 1 Conference With Real Property Negotiators: Property: 13650 Saratoga Ave., Saratoga Agency negotiator: Lorie Tinfow, Assistant City Manager Negotiating parties: City of Saratoga, Santa Clara County Joint Powers Authority Under negotiation: Price and terms of payment MAYOR'S REPORT ON CLOSED SESSION -7:00 p.m. Mayor Streit reported there was Council discussion but no action was taken. Mayor Streit called the Regular City Council meeting to order at 7:05 p.m. and lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Stan Bogosian, Kathleen King, Norman Kline, Vice Mayor Ann WaItonsmith, Mayor Nick Streit ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk John Cherbone, Public Works Director Jesse Baloca, Administrative Services Director r:arv Rlnnmolli.t Ac1mini.trRtivp. Analv.t REPORT OF CITY CLERK ON POSTING OF AGENDA FOR APRIL 16, 2003 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of April 16, 2003 was properly posted on April 11, 2003. COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS The following people requested to speak at tonight's meeting: ANNOUNCEMENTS None CEREMONIAL ITEMS lA. PROCLAMATION - SUPPORTING THE NATIONAL HOUSING TRUST FUND STAFF RECOMMENDATION: Present proclamation. Councilmember Bogosian requested that this item be discussed. Councilmember Bogosian asked if supporting this commendation obligates the City financially. Betty Feldhym, Franklin Avenue, responded that the City is under no financial obligation. Mayor Streit read the proclamation and presented it to Ms. Feldhym. lB. PROCLAMATION - VOLUNTEER APPRECIATION WEEK STAFF RECOMMENDATION: Read proclamation and present certificates to volunteers. Mayor Streit read the proclamations and presented them to the volunteers. Council presented each volunteer a City pin, City baseball hat, and a certificate of appreciation. SPECIAL PRESENTATIONS 2. PRESENTATION - DAWN CAMERON COUNTY COMPREHENSIVE EXPRESSWAY PLANNING STUDY STAFF RECOMMENDATION: Informational only. City Council Minutes 2 April 16,2003 Dawn Cameron, County of Santa Clara! Roads and Aitrports Department briefed the Council on the Expressway Study Draft Plan and specific recommendations for Lawrence Expressway in the Saratoga area. Ms. Cameron also requested that Council agendize at their next meeting an action item to endorse the Expressway Draft plan. Mayor Streit thanked Ms. Cameron fro the update and directed staffto place item on the next agenda. CONSENT CALENDAR 3A. CITY COUNCIL MINUTES - APRIL 2, 2003 STAFF RECOMMENDATION: Approve minutes. Councilmember Bogosian requested that item 3A be removed from the Consent Calendar. Councilmember Bogosian requested that the following be changed on page 6 paragraph 6. The sentence should read Capacity of 129. Councilmember Bogosian requested that on page 7 paragraph 8 the following be added: Councilmember Bogosian requested staff to bring back to Council afull report on KSAR on how they have used their trust fund BOGOSIAN/WALTONSMITH MOVED TO APPROVE COUNCIL MEETING MINUTES AS AMENDED FROM APRIL 2, 2003. MOTION PASSED 5-0. 3B. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. W AL TONSMITH/BOGOSIAN MOVED TO APPROVE THE CHECK REGISTER. MOTION PASSED 5-0. 3C. PLANNING ACTION MINUTES - MARCH 9, 2003 STAFF RECOMMENDATION: Note and file. W AL TONSMITH/BOGOSIAN MOVED TO NOTE AND FILE ACTION MINUTES FROM MARCH 9, 2003. MOTION PASSED 5-0. City Council Minutes 3 April 16, 2003 3D. QUITO ROAD BRIDGE REPLACEMENT PROJECT, c.I.P NO. 9111 AMENDMENT OF COOPERATIVE AGREEMENT, AMENDMENT OF STANDARD CONTRACTUAL SERVICES AGREEMENT STAFF RECOMMENDATION: Authorize City Manager to execute agreements. WALTONSMITH/BOGOSIAN MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE AMENDMENT OF COOPERATIVE AGREEMENT BETWEEN THE CITY OF SARATOGA, TOWN OF LOS GATOS AND SANTA CLARA VALLEY WATER DISTRICT FOR OUITO ROAD BRIDGE REPLACEMENT PROJECT. MOTION PASSED 5-0. WALTONSMITH/BOGOSIAN MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE AMENDMENT OF STANDARD CONTRACTUAL SERVICES AGREEMENT BETWEEN CITY OF SARATOGA AND A-N WEST INC FOR ENGINEERING SERVICES FOR OUlTO ROAD BRIDGE REPLACEMENT PROJECT. MOTION PASSED 5-0. 3E. BUILDING SITE APPROVAL FOR ONE LOT LOCATED AT 20887 KITTRIDGE ROAD. OWNER: HUSTED STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: BSA-OI-002 RESOLUTION FO THE CITY COUNCIL APPROVING THE FINAL BUILDING SITE BSA-00I-002 20887 KITTRIDGE ROAD Councilmember Bogosian requested that Item 3E be removed form the Consent Calendar. Councilmember Bogosian questioned if this was the property that was before council last year with drainage issues for the property below. In response to Council member Bogosian's concerns, Director Sullivan noted that Martine/Rose owned that particular project. WALTONSMITH/KING MOVED TO ADOPT RESOLUTION GRATING FINAL BUILDING SITE APPROVAL. MOTION PASSED 5-0. 3F. LETTER OF UNDERSTANDING BETWEEN THE CITY OF SARATOGA AND THE SARATOGA MANAGEMENT ASSOCIATION STAFF RECOMMENDATION: Adopt resolution and approve Letter of Understanding. City Council Minutes 4 April 16. 2003 TITLE OF RESOLUTION: 85.9-135 RESOLUTION OF THE CITY COUNCIL AMENDING A LETTER IF UNDERSTANDING BETWEEN THE CITY OF SARATOGA AND THE SARATOGA MANAGEMENT ORGANIZATION AND AMENDING RESOLUTION 85-9.129 MODIFYING THE LETTER OF UNDERSTANDING AND SETTING MANAGEMENT SALARY RANGERS FOR FISCAL YEAR 2003/04 W AL TONSMITH/BOGOSIAN MOVED TO ADOPT RESOLUTION AND APPROVE LETTER OF UNDERSTANDING. MOTION PASSED 5-0. PUBLIC HEARINGS 4. APPEAL OF PLANNING COMMISSION DENIAl.. OF A VARIANCE AT THE PROPERTY LOCATED AT APPLICATION #02-269 (397-22-051) - CUTLER, 14480 OAK PLACE STAFF RECOMMENDATION: Conduct Public hearing and take appropriate action. Tom Sullivan, Community Development Director, presented staff report. Director Sullivan noted explained that the appellant is requesting the City Council overturn a Planning Commission denial of a variance to allow the over-Code height of the 190 -foot section of the exiting property line wall along the north and northeasterly sides of the parcel. The City Code allows a maximum height of6-feet; the request is to allow the existing wall to remain. The existing wall reaches heights 7-feet 6-inches in certain portions. Director Sullivan described the findings that must be made to grant a variance and the facts relevant to making that determination. Vice Mayor Waltonsmith asked if the City has ever granted a variance for a fence over 6- feet high near this particular property. Director Sullivan responded that he is unaware of any variance being granted for fence height. Mayor Streit asked if the two property owners Davies & Smith agreed with the walL Director Sullivan noted that Maggie and Neil Smith sent a letter dated May 6, 2002 that stated they supported the fence Mr. Cutler has on his property. Mitch Cutler, 14480 Oak Place, noted that he has lived at the property for three years and stated that he agrees with the staff report presented to Council. Mr. Cutler stated that the importance at this time is for the Council to understand how it all came to be. Mr. Cutler stated hat the height has been described as 7-feet 6-inches from top to bottom. It was clearly noted in the engineers report which was approved by the building department that the fence was 6-feet with a I-foot 6-inches retaining wall. City Council Minutes 5 April 16, 2003 Mr. Cutler stated that the fence was later verified by the building department and signed off by the building inspector. Councilmember King a asked when the inspector came out after the footings was put in or after the wall was built Mr. Cutler responded that the building inspector visited the property both times. Patrick Matas, 20385 Saratoga-Los Gatos Road, noted that he is against the City grating a variance to Mr. Cutler for three reasons: 1. The Planning Commission could not find sufficient facts 2. Mr. Cutler's project violated City Code and therefore it's illegal 3. Mr. Cutler should not be rewarded for breaking the law Frank Matas, 20385 Saratoga-Los Gatos Road, noted that Mr. Cutler has violated the City Code by building his wall on ingress/egress public service easement. Mr. Matas stated that his grant deed stated no public structures can be built ion this easement. Mr. Matas stated that the City already established that Mr. Cutlers wall is a structure which requires a set back, which the wall does not have any set backs from the Davies property line and the public service easement. Mr. Matas stated that this wall should be taken down completely because it's a structure not a fence. Mr. Matas stated that the Mr. Cutler must not receive any special considerations at the expense of his neighbors and himself. Dolores Smith, 14560 Westcott Drive, noted that for the past two years at this site there has been construction noise six days a week. Ms. Smith noted tbat when a neighbor impedes the surrounding neighbors something must be done. Bill Breck, 20375 Saratoga-Los Gatos Road, sited Saratoga Code Section 15-70.010 regarding the basis of granting a variance. Mr. Breck stated that he disagrees with Mr. Cutler reason why he feels he should be granted variance. Mr. Breck stated that Mr. Cutler states that he should be granted a variance because of the lack of privacy from the surrounding two story houses and the amount of noise from neighbor's backyards. Mr. Breck stated that there are no practical difficulties or unnecessary physical hardships that result from obeying the wall ordinance that restricts wall heights to six feet. Mr. Breck reviewed the various tree damage to the heritage oak trees property. Sean Mazipore, 18590 Avon Lane, Structural Engineer, noted that he designed the fence for Mr. Cutler. Mr. stated that he has done hundreds of projects in Saratoga. Mr. Mazipore stated that if any part of the wall is removed he would not take the responsibility of the structural integrity of it. Councilmember King asked if the wall he designed was built 8-feet all the way around. Mr. Mazipore stated that yes to the best of his knowledge. City Council Minutes 6 April 16, 2003 In regards to the ingress and egress in which Mr. Matas stated is built on his property, Mr. Cutler stated that that the property is actually his. Mr. Cutler stated that the lawsuit filed in 1992 stated that anything could be built on utilities easements as long as it didn't affect the utilities. Vice Mayor Waltonsmith noted that she visited the site on both sides of the fence, she read the Planning Commission minutes and read all the letters that Council received. Vice Mayor Waltonsmith noted that she cannot make the findings to grant the variance. Councilmember Kline noted that does not support granting the variance. He agrees that this is a unique lot, but is not a privacy issue. Council member King concurred with Vice Mayor Waltonsmith and Councilmember Kline's comments and notes that she does not support granting the variance. Councilmember Bogosian stated that yesterday was the first time he visited the site. Councilmember Bogosian stated that Mr. Cutler's lot is the most bizarre and strange shaped lot he has ever seen in Saratoga. Councilmember Bogosian stated that this property deserves a 7-foot fence. Councilmember Bogosian noted that he could make the findings to grant Mr. Cutler a variance. Mayor Streit noted that he could only make 2 out of three of the finding s so he cannot support grating the variance. WALTONSMITH/KING MOVED TO DENY THE APPEAL AND UPHOLD THE PLANNING COMMISSION DECISION AND BRING BACK A RESOLUTION FOR ADOPTION AT THE NEXT COUNCIL MEETING MOTION. PASSED 4-1 WITH BOGOSIAN OPPOSING. OLD BUSINESS 5. REDWOOD MIDDLE SCHOOL TRAFFIC PLAN STAFF RECOMMENDATION: Accept Redwood School Traffic Improvement Plan and authorize a change order for $7500 to George Bianchi Construction Inc. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow explained that many drivers use City Hall parking lots to both drop-of and pick -up Redwood School students. The interaction of vehicles, pedestrians and bike riders creates unsafe conditions for walking and biking students as well as interference with arriving and departing City hall visitors and employees. Last Spring, City staff and Public Safety Commissioners approached Redwood School officials about traffic concerns in and around Redwood School during drop-off and pick-up times. Over the course of several meetings, school officials agreed to create a new drop-off and pick-up area site at the end of AIlendale within the School's corporation yard. In addition, staff learned of Redwood School's expansion plans scheduled to occur during School City Council Minutes 7 April 16, 2003 year 2003-04. The plan was developed and the school district voted to fund the costs for changes made to school property. Assistant City Manager Tinfow explained that the Public Safety Commission reviewed the plan and is recommending that Council approve funds to implement the following: · Paint new crosswalk across Allendale · Install new "no u-turn" sign on Allendale · Reset signal timer at Allendale and Fruitvale · Lengthen left turn pocket on northbound Fruitvale · Install a "pork chop" median on northbound Fruitvale that would prohibits left tunes from the street into the school parking lot · Modify parking restriction signs on Montauk to say "No stopping 9 am to 4 pm Assistant City Manager Tinfow explained that the plan includes limiting use of City hall parking lots to City hall visitors and employees, and installing new sign to announce the change. A driver re-education campaign will be launched with the participation ofthe Sheriffs Office when school starts in Fall 2003. Assistant City Manager Tinfow explained that staff is requesting that the Council accept the Redwood School Traffic Improvement Plan and authorize Public Works to issue a change order for $7,500 to George Bianchi Construction to install the plan elements for which the City is responsible. Cindy Cheng, Parent, noted that she has been participating in school traffic mitigation for a along time and she has realized that parents usually want to do the right thing they just need direction. Ms. Cheng stated that educating the parents helps tremendously. BOGOSIAN/KING MOVED TO ACCEPT REDWOOD TRAFFIC IMPROVEMENT PLAN AND AUTHORIZE THE CHANGE ORDER TO GEORGE BIANCHI CONSTRUCTION CONTRACT. MOTION PASSED 5-0. 6. PUBLIC ART POLICY STAFF RECOMMENDATION: Approve policy. TITLE OF RESOLUTION: 03-026 RESOLUTION FO THE CITY COUNCIL Kim Saxton-Heinrichs, Senior Recreation Coordinator, presented staff report. Coordinator Heinrichs noted that the purpose of this policy is to provide a process through which the City of Saratoga can acquire and accept artwork on loan or as a gift. It will provide gnidance for purchasing or commissioning new artwork, for sponsoring temporary art exhibitions on City property, and guidance regarding deaccessioning City-owned artwork. Art in public and municipal places can be Ci1y Council Minutes 8 April 16, 2003 defined as any visual work of art displayed in a City-owned park, the exterior of any City-owned facility, and within any City-owned facility in areas designated by the Council. Coordinator Heimichs noted that the City Attorney has advised that the City will have obligation under the First Amendment depending on the extent to which it opens various portions of City property to public art,. In doing so, the City may create what the courts view as a forum for public discourse. In public forum, the rights of the government to limit expressive activity are constitutionally circimscried. Tracy Halgren, Arts Commission, 14003 Chester Avenue, thanked the Council for forming the Arts Commission and noted that the Commission is proud to preset the Arts Policy to the Council. W AL TONSMITH/KING MOVED TO APPROVE PUBLIC ART POLICY AND ADOPT RESOLUTION. MOTION PASSED 5-0. 7. SARATOGA LffiRARY PROJECT UPDATE STAFF RECOMMENDATION: Approve an additional $12,800 for Gilbane Services. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow reported that following: . Budl!:et Status - $14,464,435 - (total costs both committed and change requests) . Construction Schedule - completion date of April 15, 2003 partly due to the delays with PG& E. The additional funds requested for Gilbane service will cover the project through this date. Mayor Streit thanked Assistant City Manager Tinfow for her report. KING/W AL TONSMITH MOVED TO APPROVE ADDITIONAL $12,800 FOR GILBANE SERVICES. MOTION PASSED 5-0. Mayor Streit called a recess at 9:15 p.m. Mayor Streit reconvened the meeting at 9:25 p.m. NEW BUSINESS 8. PRELIMINARY APPROVAL OF LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT ENGINEERS REPORT STAFF RECOMMENDATION: Adopt resolutions; approve proposal form John H. Heindel Consulting Civil Engineering for Assessment Engineering Services; authorize City Manager to execute a professional services agreement. City Council Minutes 9 April 16, 2003 TITLE OF RESOLUTION: 03-023 RESOLUTION OF PRELIMINARY APPROVAL OF ENGINEER'S REPORT LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA-1 FY 2003-04 TITLE OF RESOLUTION: 03-022 RESOLUTION OF INTENTION TO ORDER THE LEVY AND COLLECTION OF ASSESSMENTS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 FY 2003-04 John Cherbone, Public Works Director, presented staff report. Director Cherbone noted that the resolutions before the Council this evening continue the process for renewing the Landscaping and Lighting Assessment District LLA-l for FY 03-04. Director Cherbone noted that there are no increases in the parcel assessments. All of the costs associated with the District are recovered via the assessments except for indirect costs. Director Cherbone explained that staff is looking for direction from Council on whether the City should pursue the creation of a new landscape and lighting district maintenance zone for the future "Gateway" improvement area, bounded by Prospect Avenue and the Union Pacific Railroad tract. The improvement project will create new landscaped medians, new landscaped areas along unimproved parcel frontages, lighting, and a water feature. These improvements will all have ongoing maintenance and operating costs. Director Cherbone explained that currently the City pays for the landscape maintenance and water costs for all of the medians throughout the City. Director Cherbone pointed out that the majority of other landscaped areas within the City right-of-ways are maintained via a City Landscape and Lighting Zones, an individual property owner, or a homeowner association. Director Cherbone explained that an estimated cost for maintaining the "Gateway" area is $25,000 per year. A landscaping and lighting district is advantageous in that maintenance can be handled by one contractor thus the level of maintenance and costs are normalized and reduced through efficiencies of scale. Director Cherbone explained that attached proposal would extend the existing professional contract between the City and John Heindel for an additional three years. Consensus of the City Council to direct staff to look into creating a Landscaping and Lighting District in the "Gateway". W AL TONSMITHlKLINE MOVED TO ADOPT RESOLUTIONS AND APPROVE PROFESSIONAL SERVICES PROPOSAL FROM JOHN H. HEINDEL. MOTION PASSED 5-0. City Council Minutes 10 April 16, 2003 9. AMENDMENT TO THE SILICON VALLEY ANIMAL CONTROL AUTHORITY (SV ACA) JOINT EXERCISE OF POWERS AGREEMENT STAFF RECOMMENDATION: Approve and authorize the City Manager to execute amendment. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow explained that at the February meeting of the Silicon Valley Animal Control Authority Board, the City of Cupertino expressed concerns about the potential for the JP A to force Member Agencies to contribute to shelter construction activities against their will. The board asked Counsel to draft a JP A amendment with language to address this concern. Each City must now approve the amendment in order for it to become part of the JP A. WALTONSMITH/BOGOSIAN MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE AMENDMENT TO THE AGREEMENT WITH SVACA. MOTION PASSED 5-0. 10. LEAGUE OF CALIFORNIA CITIES SPECIAL MEETING MAY 15, 2003 STAFF RECOMMENDATION: Designate a voting delegate. Cathleen Boyer, City Clerk, presented staff report. City Clerk Boyer stated that the League of California Cities is requesting that all cities be represented at tbe Special Meeting on Thursday, May 15, 2003. The purpose of this Special Meeting is to consider one or more proposals prepared by the Board of Directors concerning the state budget and state local fiscal form. The league is requesting a response by May 9, 2003. Mayor Nick Streit is unable to attend this Special Meeting. City Clerk Boyer explained that the Leagne bylaws state that "Any official of a Member City may, with the approval of the City Council, be designated the city's voting delegate or alternate delegate to any League meeting." BOGOSIAN/KING MOVED TO DESIGNATE THE CITY MANAGER OR ASSISTANT CITY MANAGER TO BE THE VOTING DELEGATE ON MAY 15, 2003. MOTION PASSED 5-0. AGENCY ASSIGNMENT REPORTS Councilmember Kline reported the following information KSAR - "Saratoga Today" started today in which he is the host. Airs Monday nights at 6:30 p.m. City Council Minutes 11 April 16, 2003 Councilmember Bogosian reported the following information: West Vallev Sanitation District - noted that at the last meeting he raised questions regarding their noticing policies and requested that they look into how Saratoga notices their residents. Mayor Streit reported the following information: Cities Association - discussed the solvency ofVTA, possible merger ofMTC and ABAG and forming strike teams to lobby Sacramento for specific bills. CITY COUNCIL ITEMS Vice Mayor Waltonsmith noted that the Heritage Foundation would be holding a joint meeting with the Heritage Preservation Commission on April 28, 2003, 6:00 p.m. at the North Campus. In regards to the Odd Fellows project, Vice Mayor WaItonsmith noted that the City's Trails Subcommittee wondered why no one requested them to connect their open space area to the San Marcos Trail. Councilmember requested that staff contact the Odd Fellows and ask if it could still be accomplished. Councilmember King announced the Rotary Art show on may 4,2003 at West Valle College. In regards to a letter sent to the City Council from the Wildlife Center requesting a contribution of $352.52, Councilmember Bogosian requested that Council agendize the letter. Consensus of the City Council to agendize the letter from the Wildlife Center. OTHER None CITY MANAGER'S REPORT None ADJOURNMENT There be no further business Mayor Streit adjourned back to Closed Session in the Administrative Conference Room at 10:10 p.rn. City Council Minutes 12 April 16, 2003