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HomeMy WebLinkAbout02-02-2000 City Council MinutesMINUTES • SARATOGA CITY COUNCIL TIME: Wednesday, February 2, 2000 - 5:30 p.m. PLACE: Closed Session -Administrative Conference Room, 13777 Fruitvale Avenue; Regular Meeting -Adult Care Center, 19655 Allendale Avenue TYPE: Regular Meeting **********~************************************************************i~~****** OPEN SESSION - 5:30 p.m. in the Administrative Conference Room ADJOURN TO CLOSED SESSION 1. CLOSED SESSION 1. Conference with Legal Counsel -Existing Litigation pursuant to Ggvernment Code Section 5495F.9(a) -Name of Cases: City of Saratoga ~. TCI of Cleveland, Santa Clara County Superior Court. 2. Public Employee Mid-Year Performance Evaluation pursuant to Ggvernment Code Section 54957 -Title: City Attorney (Continued from January',25, 2000) 3. Public Employee Mid-Year Performance Evaluation pursuant to Ggvernment Code Section 54957 -Title: City Manager (Continued from January'~,25, 2000) MAYOR'S REPORT ON CLOSED SESSION -Mayor Bogosian declared them 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 fo 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 end Mayor Bogosian were present. Staff present: City Attorney Taylor, City Clerk Ramos, Director of Community Development Walgren, Director of Administrative Services Walker, Act~ng Public Works Director Cherbone, Administrative Analyst Reeve. City Manager Perlin was absent. 2. CEREMONIAL ITEMS -None n 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 ~n 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 o~ the 3200 phone calls made to citizens, 77% supported the bond. She thanked the Council for p tting it on the March ballot and endorsing the measure individually. She requested the Council o endorse Measure N as a whole. B. Communications from Boards and Commissions 1. Recommendation from Public Safety Commission on comments to Page 1of10 City Council Minutes February 2, 2000 Argonaut Elementary School Renovation Project Environmental Impact Report (EIR). Director Walgren presented the staff report and announced that 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. C. Written Communications 1. 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 Apri14-5, 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 A. Previously Discussed Items -None B. New Items Planning Commission actions of January 26, 2000. Recommendation: Note and file. 2. Approval of Check Register Recommendation: Note and file 3. Memo authorizing publicity for February 16, 2000 Public Hearing item: Ordinance designating the Hyde House at 11995 Walbrook Drive as a Historic Landmark (I-~-24, Rodenberg) Recommendation: No additional noticing is required by law. 4. 1999 Annual Concrete Repair -Final Acceptance and Notice of Completion Recommendation: Move to accept the project as complete and authorize staff to record the Notice of Completion for the construction 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 for Public Hearing, Mayor Bogosian moved to the rest of the agenda at this time. 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: Authorize the City Manager to execute the Amendment to the Animal Services Agreement between the Humane Society of Santa Clara Valley and the Cities of Saratoga, Cupertino, Campbell, Monte Sereno and the Town of Los Gatos. Page 2 of 10 City Council Minutes February 2, 2000 • Director Walgren requested that this item be deferred to later on the agenda when staff is available. Mayor Bogosian and the rest of the Council concurred. 7. NEW BUSINESS A. Resolution to amend Memorandum of Understanding (MOU) for wages, employee benefits, and conditions of employment between the City of Saratoga and the Saratoga Employees Association dated July 1,1999. Recommendation: Adopt proposed resolution and authorize the City Manager to amend Memorandum of Understanding accordingly. Director Walker presented the staff report. BAKER/MEHAFFEY MOVED TO ADOPT THE RESOLUTION AND AUTHORIZE THE CITY MANAGER TO AMEND THE MEMORANDUM OF UNDERSTANDING ACCORDINGLY. MOTION PASSED 5-0. 8. 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. • 9. 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 14, 2000. MOTION PASSED 5-0. B. Regular meeting of January 19, 2000 Recommendation: Approve minutes. Councihnember Waltonsmith corrected the minutes, on page 9, under Other, and 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 NIINUTES 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\. Page 3 of 10 City Council Minutes February 2, 2000 2. Status Report on Saratoga Creek Litigation Settlement Activities. • 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. B. Other Councihnember Waltonsmith referred to a fax she received from 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, 2000. There was consensus of the Council to direct staff to prepare a letter of commendation for Ms. Medeiros. Councilmember Waltonsmith was pleased to 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, because 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 from Council, Mayor Bogosian opened Oral Communications from 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 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, or in written correspondence delivered to the City Council at, or prior to, the public hearing. A. Reconsideration of City Council's decision to overturn the Planning Commission 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 staff report. 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 hearing 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 front 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 friendly character of the circulation plan. Page 4 of 10 City Council Minutes February 2, 2000 • Provides for overflow pazking on the commercial pazking • • 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 azea of the commercial building has been increased by approximately 2600 sq. ft. without disturbing the basic site layout • Adjustments have been made to accommodate pazking for the larger commercial azea Mr. Wazd added that the applicants aze also prepazed to propose an alternative plan to construct 22 residential units with 20 makket rate homes and 2below-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 alternative plan due to the impacts of 22-unit single residential homes. Furthermore, the applicant is not in a position to move forwazd 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. Wazd enumerated some of the factors negatively impacting the commercial azea 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 azchitectural adjustments, some of which could be illustrated this evening by the azchitect; and he is confident that this matter can be resolved from this point forwazd at the staff level. • Questions and responses followed regazding commercial 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 Sazatoga-Sunnyvale Road 2. Milan Popovich, 12335 Goleta Avenue 3. Pat Andreson, 19952 Garnett Court 4. Dewey Kosich, 12280 So. Saratoga/Sunnyvale Road 5. Dr. Mazchelle Fox, 19640 Vineyazd Lane 6. Mary Hehners, 19875 Sea Gull Way 7. Peazl 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 Stewazd, 13927 Pierce Road 11. Glynis Wineinger, Edwazd Jones Investments, 12297 Sazatoga-Sunnyvale Road 12. Arvin Engelson, 20381 Sea Gull Way 13. Jeff Wang, 12486 Sumner Drive • 14. Jeffrey 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 Mazket Rate housing program in Saratoga. He recommended deferring the BMR program until policies are established and consider a program that is fee- based only. 16. Beth Wyman, 12231 Fredericksburg, 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. Cazl Orr, 12361 Saratoga-Sunnyvale Road, expressed support, particularly the traffic signal at Sea Gull Way. 22. Zoe Alameda, 12341 Sazatoga-Sunnyvale Road 23. Carl Guazdino, 132 Holly Court, Mountain View, spoke on behalf of the Silicon Valley Page 5 of 10 City Council Minutes February 2, 2000 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 Bogosian closed the public hearing at 8:40 p.m. and asked the pleasure of the Council. Councilmember Streit expressed support of the 20-unit 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 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 lie 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 units as required by the legislature. Mayor Bogosian expressed support of the 20-unit proposed development. Many improvements`` will be derived from 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. Councihnember 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 IlVIPACT REPORT. MOTION PASSED 5-0. BAKER/WALTONSMITH MOVED TO APPROVE SD 99-005, UP 99-018 AND DR 99-037 Page 6 of 10 City Council Minutes February 2, 2000 • 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. B. Appeal of Planning Commission approval of application DR 97-061 (14085 Masson Court, APN 503-72-014, Appellant: Kwong, Park & Sze; Applicant: Liu). Design Review approval to construct a new 6,461 square foot twastory residence on a vacant 2.75-acre lot. Approved by Planning Commission on December 8, 1999. (CONTINUED FROM JANUARY 19, 2000) Recommendation: Deny the appeal and uphold the Planning Commission's approval of the application. Director Walgren presented the staff report and announced that Commissioner 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 issues 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. 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 shifting the 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 appellants to speak. Joseph Park, 14800 Masson Court, appellant, commented that the concerns by the appellants included neighborhood compatibility, setback and height standards, and a gross violation of one's own property rights, pointing 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 Planning office. This violation was overlooked 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. Mabel Sze, 14780 Masson Court, appellants 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 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 about 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. Page 7 of 10 City Council Minutes February 2, 2000 He further demonstrated some of his issues ~tising the architectural modtl and maps. " • Questions and responses were exchanged between the Council and the appellants regarding setbacks and the~land~lide. Director Walgren refened~~to~the geologymap attached in the.packet~for the several slumps and landslides occurring to the:n~orth°of thin-property.. He eonfir~ned that the lancblidt repair would cross a small degree onto Mr. Kwong's property; however, staff has assured Mr. Kwong that the conditions of the approval will atate that the applicants cannot repair the landslide beyond their own property without the coirsent 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 continhed. + ~ ' ` ~ ~ - 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 tissues. ~ie'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 ~ 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 hearing. He added that the architect has been unwilling to work with the neighbors and asked• the Council to overturn the Planning Commission decision to approve this project. Mayor Bogosian closed the public hearing at 10:21 p.m. and asked the pleasure of the Council. Councilmember Bakeri czpressed concern about the accurate location of the proposed house, he supports its design, and recommended continuing the public hearing until its exact location is clear. He also expressed conctrn about building a pool or parking pad in the severely eroded area and felt this should be a concern of both the applicant and the adjacent property owner to find it in their best interest-to work together to repair,this erosion. - • Councilmember Streit concurred with Councihnember Baker regarding staking its exact location and has no problem with the setbacks or the design. He would not support moving the house down in the valley. Councilmember Waltonsmith commented the modern design is good but felt the proposed home could be redesigned to make it more rectangular and could be moved around to go down into the repaired slide area. She commented about good neighbor practices and the importance of working with neighbors' concerns. She expressed concern about the ambiguity of the location of the poles and is not prepared to accept it as it is currently proposed. She recommended the neighbors and applicant work together to resolve the design shape issues, the position on the issues, and the landslide repair issues. Vice Mayor Mehaffey concurred with his colleagues and is disturbed that the poles have not been fixed and should be a cause for continuance or denial. He has no problems with the architecture, the biggest problem is that if the house should face as proposed, consideration should be made to meet the setbacks. He concurred with Councilmember Waltonsmith to elongate it to bring it Page 8 of 10 City Council Minutes February 2, 2000 • further from Mr. Kwong's property. He would like to see some concessions made to the issue that it is fronting on Masson Court and backing towards Mr. Kwong's property. Mayor Bogosian recognized the issues of architecture and style and privacy and views. Contrary to the Planning Commission's concept of what constitutes this neighborhood, he feels that the neighborhood consists of the homes clustered up in that azea from the Sazatoga Heights Court over to Masson Court. These lots were plotted to preserve an open space easement and a free flow of the hillsides. He concurs with Councilmember Waltonsmith and Vice Mayor Mehaffey to see a redesign of the proposed house to address the setback, encroachment and height issues. He would like to see the neighbors work together to resolve the matter and recommended moving the proposed house to the pool area. He cannot support the project as presented. In response to Mayor Bogosian, Director Walgren replied that the Council could continue the public hearing to allow time for the neighbors to work out their concerns, or act on this application and give the applicants direction as articulated this evening to submit a new application before the Planning Commission. The process would be expedited; it would not have to redo all the investigations. However it may take a few months before the revised plans are submitted. With Council permission, Bill Liu, property owner and applicant, expressed desire to work with 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 • concerned about the further erosion of the landslide. He also demonstrated the topographical issues of moving the proposed house as expressed eazlier 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: Authorize the City Manager to execute the Amendment to the Animal Services Agreement between the Humane Society of Santa Clara Valley and the Cities of Saratoga, Cupertino, 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 E[TJMANE 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 regazding continuing concerns 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. Page 9 of 10 City Council Minutes February 2, 2000 Discussion ensued. ~ ~ ' _ ~ lc • Director Walgren responded to the concerns. expressed. He clarified that sidewalk cleaning is a requirement of the proj ect to be conducted rafter 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:. +. ..~. Discussion ensued. Mr. Hawks reiterated that thisis a sound issue,and would like the City to enforce the noise ordinance in this aspect. ;, „ Mayor Bogosian commented the center should do something about the lights and the landscape hedge. Director Walgren commented that when it 'has gone long .enough the City could look into resorting to legal action. He will-discuss this with the City Attorney. 12. ADJOURNMENT - Mayor Bogosianadjourned the meeting at 11:20. p.m. to the adjourned regular meeting of February 8, 2000 at 7:00 p.m. in the Adult Care Center. Respectfully submitted, ~ • ti G Susan A. Ramos, CMC, City Clerk C Page t0 of 10