Loading...
HomeMy WebLinkAbout03-01-2000 City Council MinutesMINUTES SARATOGA CITY COUNCIL MARCH 1, 2000 The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room, 13777 Fruitvale Avenue at 6:00 p.m. for the purpose of 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 and Public Employment Pursuant to Gov't. Code Sec. 54957 -Title: City Manager (Interviews). Mayor's Report on Closed Session Mayor Bogosian reported no action taken at the Closed Session. Mayor Bogosian announced the regular City Council meeting location change had been noticed. Mayor Bogosian introduced Bill Norton, newly appointed Interim City Manager. Mayor Bogosian called the regular City Council meeting to order at 7:08 and requested Bill Norton, Interim City Manger to lead the Pledge of Allegiance. ROLL CALL PRESENT: Ann Waltonsmith, Evan Baker, Nick Streit, John Mehaffey, Stan Bogosian. ABSENT: None ALSO PRESENT: Bill Norton, Interim City Manager Richard Taylor, City Attorney Carol Ann Butler, Interim City Clerk James Walgren, Dir. of Community Development • Mary Jo Walker, Dir. of Administrative Services John Cherbone, Dir. of Public Works City Council Minutes • 2. CEREMONIAL ITEMS March 1, 2000 2A. INTRODUCTION OF NEW EMPLOYEE IN THE CITY MANAGER'S DEPARTMENT: ALEX KHASIN, BUDGET ANALYST. At this time Mayor Bogosian deferred to item 2B. (7:12 p.m.) 2B. RESOLUTIONS OF SUPPORT FOR PROPOSITIONS 12 & 13. Title of Resolution No. 00-10: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SUPPORTING PROPOSITION 12, THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2000. BAKER moved adoption of Resolution No. 00-10, seconded by STREIT and carried unanimously. Title of Resolution No. 00-11: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SUPPORTING RESOLUTION 13, THE SAFE DRINKING WATER, CLEAN WATER, WATERSHED PROTECTION, AND FLOOD PROTECTION BOND ACT OF 2000. BAKER moved adoption of Resolution No. 00-11, seconded by STREIT and carried unanimously. 2A. INTRODUCTION OF NEW EMPLOYEE IN CITY MANAGER'S DEPARTMENT: ALEX KHASIN, BUDGET ANALYST. (Cont'd.) Mary Jo Walker, Director of Administrative Services, introduced Alex Khasin • as the newly appointed budget analyst. Mr. Khasin will be with the City of Saratoga through June 30, 2000. 2 • City Council Minutes March 1, 2000 REPORT OF CITY CLERK ON POSTING OF AGENDA FOR MARCH 1, 2000. Carol Ann Butler, Interim City Clerk reported that pursuant to Government Code Section 554954.2, the agenda for the meeting of March 1, 20000 was properly posted on February 25, 2000. 3. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC 3A. ORAL COMMUNICATIONS ON NON-AGENDIZEDD ITEMS. No items received. 3B. COMMUNICATIONS FROM BOARDS & COMMISSIONS. No items received. 3C. WRITTEN COMMUNICATIONS No items received. 4. CONSENT CALENDAR 4A. Previously Discussed Items. No previously discussed items. 4B. NEW ITEMS 4B1. PLANNING COMMISSION ACTIONS OF FEBRUARY 23, 2000. STAFF RECOMMENDATION Note and File. • STREIT moved Planning Commission Actions of Feb. 23, 2000, be noted and filed, seconded by BAKER and carried unanimously. 3 City Council Minutes March 1, 2000 • 4B(2). APPROVAL OF CHECK REGISTER. Mayor Bogosian removed this item from the Consent Calendar. Mayor Bogosian referred to Page 10 regarding payment to Pizazz Printing. Mary Jo Walker, Director of Administrative Services, indicated it was for the payment of the Parks & Recreation newsletter. Mayor Bogosian referred to Page 15 regarding payment to West Coast Fence Company for bumper posts. John Cherbone, Director of Public Works, indicated they were in connection with the Hwy. 9 pro ject for improvements to Horseshoe Drive Assessment District. Mayor Bogosian referred to three Business License overpayments. Mary Jo Walker, Director of Administrative Services, indicated 2 were businesses outside of Saratoga and one license was a duplicate. BAKER moved check register be approved, noted and filed, seconded by MEHAFFEY and carried unanimously. 4B(3). ADOPTION OF ORDINANCE DESIGNATING THE PROPERTY KNOWN AS THE HYDE HOUSE AT 11995 WALBROOK DR. , AS A HISTORIC LANDMARK. (INTRODUCTION ON FEBRUARY 16, 2000) STAFF RECOMMENDATION That Council adopt the ordinance. Title of 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) STREIT moved adoption of Ordinance No. HP-24, seconded by BAKER • and carried unanimously. 4 City Council Minutes March 1, 2000 • 4B(4) MONTHLY FINANCIAL AND TREASURER'S REPORT FOR JANUARY 2000. STAFF RECOMMENDATION That Council accept the reports. Vice Mayor Mehaffey removed this item from the Consent Calendar and referred to Page 5 on Sharp Loan payment and Page 9 on Street Maintenance. Mary Jo Walker, Director of Administrative Services, indicated these were housing loans the City made for housing improvements in the 80's, and when the transfer of property took place the loan was due. The amount of $35,000 was paid early. John Cherbone, Director of Public Works, indicated the invoice for street maintenance hadn't come through yet and upon receipt of this the budget of $1.6 million would be spent. STREIT moved approval of monthly financial and treasurer's report for January 2000, seconded by MEHAFFEY and carried unanimously. 4B(5) APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH DAVID M. MOVER CONSULTING GROUP IN THE AMOUNT OF $17, 955 FOR SERVICES IN CONNECTION WITH THE RENOVATION OF CONGRESS SPRINGS PARK. STAFF RECOMMENDATION That Council authorize City Manager to execute the agreement. Mayor Bogosian removed this item from the Consent Calendar for comments by Bill Norton, Interim City Manager. Mr. Norton recommended Council approve the contract in concept and take final action at the Council meeting of March 15tH 5 City Council Minutes March 1, 2000 . BAKER moved approval of contract in concept for the professional services of agreement in connection with Congress Springs Park Improvement Project, seconded by STREIT and carried unanimously. PUBLIC HEARINGS 5A. CONSIDER ADOPTION OF AN INTERIM ORDINANCE PROHIBITING FOR UP TO TWO YEARS THE APPROVAL OF NON- COMMERCIAL DEVELOPMENT 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. STAFF RECOMMENDATION That Council accept public testimony regarding the draft interim • Ordinance and continue the matter to March 15, 2000 for further consideration. Richard Taylor, City Attorney, presented the staff report and reported on options for Council action. James Walgren, Director of Community Development, informed Council that an application for mixed use in The Village had been received. The application is subject to tentative map approval and design review. Mr. Walgren indicated that the application could be rejected if the moratorium was approved, with a 30-day window from March 1St Mayor Bogosian declared the public hearing opened at 7:45 p.m. Mayor Bogosian indicated letters had been received from Delora Sanfilippo, Allen Roten and Marcia Fariss. r~ 6 City Council Minutes • Appearances: March 1, 2000 Dora Grens, 13451 Old Oak Way Ms. Grens expressed her pleasure with the Council for their non- resistance to any future planning compared to the 1980's. Ms. Grens encouraged saving some commercial property. Victor Monia, 14665 Granite Way Mr. Monia referred to the General Plan regarding commercial areas. He encouraged economic vitality and accessibility to residents promoting long term economic soundness. Mr. Monia stated that it's important to recognize that commercial districts are a vital part of the community. Mr. Monia supports adoption of the ordinance and requested Council to place a measure on the ballot for general public debate. Stan Gamble, 247 N. Third Street, San Jose Mr. Gamble indicated that he was representing Trafalgar Homes and had filed the tentative map referred to by Mr. Walgren. Mr. Gamble noted the property is now zoned CH. Mr. Gamble indicated that he is opposed to the moratorium at this time. Abby Krimotat, Representing Saratoga Chamber of Commerce Ms. Krimotat stated the Chamber Board of Directors is unclear as to the reasoning and justification behind a commercial moratorium. The Chambers is requesting Council to provide the information necessary to clearly understand the extreme measure being considered. Ms. Krimotat concluded that the Chamber is looking forward to working with Council in taking positive steps towards revitalizing and strengthening all business districts. E. L. Vincent, 13617 Westover Drive Mr. Vincent referred to previous Saratoga Measure G. Mr. Vincent proposed not increasing density without a public vote and urged Council to not consider any growth without clear understanding made to the citizens. Betty Feldheym, 20184 Franklin Ave. Ms. Feldheym stated there is no need for a moratorium and applications should be considered case by case. Ms. Feldheyn noted the need for affordable housing in the city. City Council Minutes March 1, 2000 • Lillian Benson, 14521 Big Basin Way Ms. Benson, Owner of M.E. Benson's Antiques, indicated that she understood all of the area on Big Basin Way and Saratoga-Sunnyvale Road was zoned retail. She added there is no place to expand. Ms. Benson expressed concern on penthouses being placed on retail stores. John Mallory, 12258 Kirkdale Mr. Mallory expressed support of the interim ordinance. Mr. Mallory indicated concern of the city not having enough land to provide city services. He added the city needs general office space and not high density on these properties. Eva Giordano, 14575 Onk Street Ms. Giordano, appearing on behalf of Eugene Zambetti, owner of townhouse project on Big Basin Way, expressed opposition to the proposed interim ordinance. • Lisa Kurasch, 18665 Ravenwood Drive Ms. Kurasch stated that current businesses would only be able to shrink and not expand. Ms. Kurasch favors caution and time to look at protecting these areas. She concluded that the community would lose a connection to a more diverse community. Jeff Schwartz, 14281 San Marcos Road Mr. Schwartz urged Council approval of moratorium as an interim measure in order not to have a repeat of what happen in the 1980's, and to place a measure on the ballot for citizen approval. Mr. Schwartz concluded that once commercial and other retail areas go residential they never go back. Kristin Davis, 12378 Saratoga-Sunnyvale Road Ms. Davis indicated she is a businessowner in the Gateway and commented that the Saratoga citizens don't support the local businesses. She added this is a serious issue in the community. Ms. Davis concluded that a moratorium would not solve the problem. • The public hearing was declared closed at 8:21 p.m. s City Council Minutes March 1, 2000 • Mayor Bogosian clarified with the City Attorney that if the moratorium were to be adopted the zoning ordinance would remain the same. Richard Taylor, City Attorney, indicated that the zoning doesn't change but projects can be approved. Mayor Bogosian noted that Measure G did not address any commercial zoning or professional offices, solely residential. Councilmember Streit indicated opposition to the moratorium and strongly encouraged revitalization of the commercial districts. Councilmember Streit referenced several businesses in city being sold. Councilmember Streit suggested possible formation of Redevelopment Agency as well as existing parking problem in The Village. Councilmember Wnltonsmith concurred with Councilmember Streit on the need for revitalization and focus on commercial areas, but sees the need for a moratorium. Councilmember Baker ensured that commercial land remained commercial. Councilmember Baker commented he supported a temporary moratorium • and added that it's difficult to protect commercial land with the real estate market today. Vice Mayor Mehaffey indicated that he supported a 45-day moratorium but the moratorium would not apply to already submitted projects. Vice Mayor Mehaffey commented the timeframe to place a ballot measure for November was not long enough to gather enough input from the public. Mayor Bogosian indicated the findings are there to act on an urgency ordinance, however, he couldn't support ordinance without approval of Mr. Gamble's proposed project. Mayor Bogosian added that the moratorium is most effective with maximum discussion, in order to prepare for an appropriate ballot measure in November 2000. Mayor Bogosian asked James Walgren, Director of Community Development, the status on application process timeframe with his concern on several applications coming in as placeholders during the interim time period. • James Walgren responded there have been few redevelopment applications received since 1990 in the Gateway area. 9 City Council Minutes March 1, 2000 • Mayor Bogosian reopened the public hearing at 9:06 p.m. Appearances: Victor Monia, 14665 Granite Way Mr. Monia commented on timeframe for placing a ballot measure on the November 2000 ballot. Stan Gamble, 247 N. Third Street, San Jose Mr. Gamble expressed his concern regarding information and noticing to applicants regarding permitted uses for commercial property. Mr. Gamble commented that people in the CH district be treated fairly. James Walgren, Director of Community Development, indicated that notices were sent to registered owners in commercial and office districts. There is an affidavit of mailing on file. • Eva Giordano, 14575 Oak Street Ms. Giordano commented on affordable housing tying in with the ordinance. Lillian Benson, 14521 Big Basin Way Ms. Benson questioned whether the owners of businesses had been notified to proposed moratorium. The public hearing was declared closed at 9:25 p.m. BAKER moved two weeks continuance to the Council meeting of March 15, 2000, for additional public testimony, seconded by STREIT and carried unanimously. Councilmember Waltonsmith stated that she would not approve any applications that came in within the two week continuance period, NEW BUSINESS • Mayor Bogosian requested two urgency items be placed under New Business. io City Council Minutes March 1, 2000 • 7D. DISCUSSION OF APPROPRIATION FOR PAYMENT FUNDS IN CONJUNCTION WITH RESIGNATION OF CITY MANAGER BENEFITS. WALTONSMITH moved approval of placing on New Business, seconded by STREIT and carried unanimously. NEW BUSINESS (cont'd.) 7E. DISCUSSION OF RECRUITMENT PROCESS FOR CITY MANAGER. STREIT moved approval of placing on New Business, seconded by BAKER and carried unanimously. 7D. DISCUSSION OF APPROPRIATION FOR PAYMENT FUNDS IN CONJUNCTION WITH RESIGNATION OF CITY MANAGER BENEFITS. • Richard Taylor, City Attorney, reviewed compensation/benefit plan regarding former City Manager's benefit package. STREIT moved to adopt the proposed agreement regardinq severance benefits with former City Manager, seconded by WALTONSMITH and carried with MEHAFFEY dissenting. 7E. DISCUSSION OF RECRUITMENT PROCESS FOR CITY MANAGER. Mary Jo Walker, Director of Administrative Services, recommended Council approval of an outside consulting firm, which would establish a level of credibility rather than having in-house staff conduct recruitment. STREIT moved to schedule interviews with outside consultants ns soon as possible, seconded by BAKER and carried unanimously. Councilmember Waltonsmith requested William Avery & Associates be removed from being interviewed. The interviews were scheduled for Monday, March 6, 2000, at 1 p.m. in the Administrative Conference Room. 11 City Council Minutes March 1, 2000 • 7A. APPLICATION FOR TEA - 21 FUNDING IN CONNECTION WITH THE CITYWIDE SIGNAL UPGRADE PROJECT. STAFF RECOMMENDATION That Council adopt the resolution endorsing the project concept and authorize the filing of an application for funding. John Cherbone, Director of Public Works, presented staff report. Title of Resolution No. 00-012: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AUTHORIZING THE FILING OF AN APPLICATION FOR FEDERAL SURFACE TRANSPORATION PROGRAM AND CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM FUNDING FOR THE CITYWIDE SIGNAL UPGRADE PROJECT AND • COMMITTING THE NECESSARY LOCAL MATCH FOR THE PROJECT(S) AND STATING THE ASSURANCE OF THE CITY OF SARATOGA TO COMPLETE THE PROJECT. BAKER moved adoption of Resolution No. 00-012, seconded by WALTONSMITH and curried unanimously. 7B. INITIATION OF LLA-1 RENEWAL FOR FISCAL YEAR 2000/01. STAFF RECOMMENDATION That Council adopt the resolutions to initiate the renewal process. John Cherbone, Director of Public Works, presented staff report. Title of Resolution No. 00-013: RESOLUTION DESCRIBING IMPROVEMENTS AND DIRECTING PREPARATION OF ENGINEER'S REPORT FOR FY2000/O1 (CITY OF i SARATOGA LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA-1) 12 City Council Minutes March 1, 2000 • STREIT moved ado tion of Resolution No. 00-013 seconded b BAK R a y E and carried unanimously. Title of Resolution No. 00-014: RESOLUTION APPOINTING ATTORNEY'S FOR FY2000/01 (CITY OF SARATOGA LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA-1) STREIT moved adoption of Resolution No. 00-14, seconded by BAKER and carried unanimously. Councilmember Waltonsmith suggested staff placing articles in City Newsletter regarding the action on this item. 7C. FISCAL YEARS 2000/01 AND 2001/02 BUDGET DEVELOPMENT PROCESS. STAFF RECOMMENDATION That Council approve the proposed Budget Development calendar. Mary Jo Walker, Director of Administrative Services, reviewed the budget calendar highlighting specific dates. BAKER moved approval of the proposed Budget Development Calendar, seconded by MEHAFFEY and carried unanimously. 8. ORAL COMMUNICATIONS There were no oral communications. 9. APPROVAL OF MINUTES 9A. ADJOURNED MEETING OF FEBRUARY 8, 2000. STREIT moved approval of February 8, 2000 minutes as submitted, seconded by BAKER and carried with MEHAFFEY abstaining. 13 City Council Minutes March 1, 2000 seconded by BAKER and carried with MEHAFFEY abstaining. 9B. SPECIAL MEETING OF FEBRUARY li, 2000. MEHAFFEY moved approval of February 11, 2000 minutes as submitted, seconded by BAKER and carried unanimously. 9C. SPECIAL MEETING OF FEBURARY 18, 2000 BAKER moved approval of February 18, 2000 minutes as submitted, seconded by STREIT and carried with MEHAFFEY abstaining. 9D. REGULAR MEETING OF FEBRUARY 16, 2000. STREIT moved approval of Feburnry 16, 2000 minutes as *corrected, seconded by BAKER and carried with MEHAFFEY abstaining. *Page 4 of 9, ist paragraph, 2"d sentence: "H" should reflect "He". • 10. CITY COUNCIL ITEMS 10A. AGENDA ITEMS FOR NEXT ADJOURNED MEETING -MARCH 21sT l OB. OTHER lOB(1). LETTERS IN CONNECTION WITH ROUTE 85 NOISE ABATEMENT - REQUESTED BY COUNCILMEMBER WALTONSMITH. Mayor Bogosian requested City Clerk to prepare letters for his signature to Byron Sher, Jim Cuneen and Mike Evanhoe. Councilmember Streit requested a copy of the letter be sent to Jack Lucas, Monte Sereno Councilmember, who is representing Saratoga area. Councilmember Waltonsmith requested a copy of the letter be sent to Don Burnett, Cupertino Councilmember. • 14 City Council Minutes March 1, 2000 . 108(2). Councilmember Baker announced the tree & plaque in memory of Jim Shaw was completed. Councilmember Baker commended Director Cherbone for an excellent job on the landscaping and lighting. Councilmember Baker requested a date be set for a formal dedication ceremony and to notify the Shaw family. Staff will follow-up. 108(3) Councilmember Waltonsmith noted concerns expressed by SASCC regarding the various designs for the remodeling of the Community Center. She added they want to be on board with the plan but need conclusions, want the plan to be doable and want a sense of being in control of the discussion again. 11. CITY MANAGER'S REPORT None. 12. ADJOURNMENT • There being no further business, Mayor Bogosian declared the meeting adjourned at 10:30 p.m. R ctfully su fitted, Caro Ann Butler, CMC Interim City Clerk L~ 15