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Home My WebLink About01-05-2000 City Council MinutesMINUTES SARATOGA CITY COUNCIL TIlVIE: Wednesday, January 5, 2000 - 6:30 p.m. p~~; i n- A in' of n R m 13777 Fruitvale Avenue; TYPE: Regular Meeting OPEN SESSION - 6:30 p.m. in the Administrative Conference Room ADJOURN TO CLOSED SESSION 1. CLOSED SESSION A. Conference with Legal Counsel - Ezisting 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 MAYOR'S REPORT ON CLOSED SESSION -Mayor Bogosian declared there were no actions taken. REGULAR MEETING/CALL TO ORDER -Mayor Bogosian called the meeting the order at 7:06 p.m. in the Adult Care Center at 19655 Allendale Avenue. PLEDGE OF ALLEGIANCE -Led by Councilmember Waltonsmith ROLL CALL - Councilmembeis Wahonsmith, Baker, Streit, Vice Mayor Mehaffey and Mayor Bogosian were present. Staff present: City Manager Perlin, Asst. City Attorney Wittwer, City Clerk Ramos, Director of Community Development Walgren, Director of Administrative Services Walker. 2. CEREMONIAL I'I'EMS A. Resolutions of Commendation to eziting Finance, Library and Parks and Recreation Commissioners (Ousley, Sessler, Whitney, Swan, Friedrich) B Y MOVED TO ADOPT THE RESOLUTIONS OF CONIlVIENDATION. MOTION PASSED 5-0. Mayor Bogosian presented the resolutions of commendation to the Commissioners. Commissioners Whitney and Swan were present to receive their plaques. Commissioners Ousley, Sessler and Friedrich • were absent. Mayor Bogosian directed the City Clerk to forward the plaques by mail. 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 I:kxetnber 30, 1999. 3. COMMUNICATIONS FROM CONIlVIISSIONS AND THE PUBLIC A. Oral Communications on Non-Agendized C2~en Rird, A~ fir A~~lp rr~~~T„~. requested Council reconsideration of the Azule Crossing project under the modified plans presented. B. Communications from Boards and Commissions -None C. Written Communications -None Page lof 5 City Council Minutes January S, 2000 4. CONSENT CALENDAR • A. PreviousFy Discussed Items Resolution overturning Planning Commission approval of Applications SD 99-005, UP 99-018 and DR 99-037 (12312 Saratoga-Sunnyvale Road). Applicant: Azule Crossing, Inc. Considered by City Council on December 15, 1999. • Adopt resolution. BOGOSIAN/STRETT MOVED TO BRING BACK THE AZULE CROSSING INC. PROJECT (SD 99-005, UP 99-018 AND DR 99-037) ON JANUARY 19, 2000 FOR COUNCIL RECONSIDERATION SUBJECT TO MODIFICATIONS TO THE PLANS AS PRESENTED THIS EVENING UNDER ORAL C011~IlVIUNICATIONS BY ATTORNEY BIRD . MOTION PASSID 5-0. Councilmember Baker reminded the Council he will not be attending the January 19, 2000 meeting and requested agendizing it for the January 25, 2000 meeting. Asst. City Attorney Wittwer stated that the Municipal Code requires the item be brought back at the next regular Council meeting. However, at that meeting, the Council may continue the matter to the following meeting, if they so choose. B. New Items • Vice Mayor Mehaffey pulled agenda item 4B.1 for clarification. 1. Check Registers dated December 15 and 22, 1999. Becmm~~endatiA~ Note and file 2. Metro authorizing publicity for January 19, 2000 Public Hearing items: Appeal of Planning Commission approval of DR 97-061 (14805 Masson Court). Applicant: Liu. Appellants: Kwong et.al. R nmmenc~arinn• No additional noticing is required by law. City Manager Perlin pulled agenda item 4B.2 to inform the Council that a request to conrtinue this appeal hearing has been received by staff. The hearing will be rescheduled to February 2, 2000. 3. Ordinance authorizing an amendment to the contract between the City of Saratoga and the Board of Administration of the California Public Employees' Retirement System (Introduced on December 15, 1999). ' Adopt ordinance. MEHAFFEY/STRETT MOVID TO APPROVE 4B.1. MOTION PASSID 5-0. WALTONS Y MOVID TO APPROVE 4B.2. MOTION PASSED 5-0. • STREIT/BAKER MOVED TO APPROVE 4B.3 AND ADOPT THE ORDINANCE. MOTION PASSID 5-0. C. Claims Against the City -None 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. Appeal of Planning Commission approval of UP 99-014 (N/E Corner of Fruitvale Avenue and State Route 9~ Adoption of a Negative Declaration and approval of a Use Permit to install two panel antennas mounted on an existing utility pole. The Paqe 2 of 5 City Council Minutes January S, 2000 ' project also includes construction of an equipment structure 6 tI. (1) z 2 fit. (w) z 4 1/Z ft. (h) located at the base of the pole (Appellant: Kenneth Cheng; Applicant: i Cellular One) RprnmmpndAtinn~ Deny the appeal and reathrm the Planning Commission's decision. City Manager Perlin informed the Council that a second request to continue the appeal hearing from the appellant was received by staff and a copy of the request along with a memo from staff has been provided to the Council. Director of Community Development Walgren provided the staff report. TamPC Barrett, Fllic anti Barrett, tts~nrnpv fnr the annellant_ lnfOrrned they would like t0 withdraW their continuance request because a settlement agreement has been reached between his client (Kenneth Cheng) and the applicant, Cellular One. Pa»1 Alhrittnn Attnrn Tfnr the annlicant, C:elh~la_r ()rte, confirmed that an agreement has been reached . between his client, Cellular One, and the appellant, Kenneth Cheng. Asst. City Attorney stated for the record that the decision of the Planning Commission stands as originally decided. He requested a copy of the settlement agreement for the record, which was provided. 6. OLD BUSINESS A. Status Report regarding publication of a City Newsletter Recnmmendntinn~ Receive report. City Manager Perlin presented the staff report. Mayor Bogosian recognized Rill (''nnner 22737 Mt Fdert Road, who commented about producing a newsletter, particularly the first issue. Councilmember Baker suggested adding information about the City's website and access to the agendas; Vice Mayor Mehaffey suggested adding information about KSAR's channel 15 which televises the Council meetings. Discussion ensued. There was consensus of the Council that since this is the first edition, it would be appropriate to include an article from the City Counal, prepared by Mayor Bogosian; and to bring back the other articles for Council review before they go to prirrt. City Manager Perlin noted he will bring back the articles for Council's review on Febnaaty 9, 2000. Council concaured. • B. Continuing discussion regarding response to the Mountain Winery Draft Environmental Impact Report. • Review staffs response dated December 15, 1999, receive public testimony, and direct staff accordingly. Director of Community Development Walgren presented the staff report. Councilmember Baker noted a discrepancy in the report under the Traffic section, which refers to a staff of 25 at the Mt. Winery, while another section in the report referred to a staff of between 120- 175. He was skeptical that a staff of 25 would be able to handle a concert of up to 2500 people plus other concurrent events. Council concxured. City Manager Perlin noted that staff received a letter from Marlene Dufiin regarding the draft E1R of the Mt. Winery and distnbuted copies to Council. He also noted that a CostBenefit Analysis of the Mt. Winery annexation was prepared by stafffor Council review. Mayor Bogosian referred to the letter from Ms. Duffin regarding trathc on Big Basin Way. 'He Page 3 of 5 City Couocir Minutes . Janwry S, 2000 thought this issue ought to be addressed in the response since it was not addressed in the draft EIR by the County. Director Walgr~ noted he would include it in the response. Mayor Bogosian recognized the following speakers who commended staff for a good comprehensive response and provided additional comments for Council consideration. William T Rrnnk~ ?n~~n 1-~~+.•lr il.;.,o commented staff consider real peak hours, Pierce Road is a multi-use road, various events occurring simultaneously, noise impact, trails, impact on Mt. Eden Read, abandoned=quarry. . Rill-~~'~ 22'7'7 Mtn Ftlen Rnarl ~~~~ on the noise impact and supported that the Conditional Use Permit be conditioned to meet the noise regulations. In addition, he suggested the Mt. Winery establish anoise-monitoring program that would operate continuously. He provided a copy of his comments to staff. Dennis Pahn_~an~ 12R(1 4aratnoa 4_ tin ~~n~alP Rnarl~ ~gg~~ to get the current activity under a Use Permit-and deal with annexation later, he commented on the importance of establishing mitigation measures and encouraged Council to direct staff to work closely with the County of Santa Clara with regards to the existing trails and impacts to them. He also requested that the proposed trails map of Saratoga'sTrails Master Plan be included in the City's response to the County. Director Walgreu noted that all of the comments will be considered and incorporated in the letter to the County. BAI~R/WALTONMSITH MOVED TO DIRECT STAFF TO MODIFY THE RESPONSE TO INCORPORATE THE COI~~IlVIENTS MADE THIS EVENING AND FORWARD THE RESPONSE SIGNED BY THE MAYOR TO THE COUNTY BY THE DEADLINE. MOTION PASSED 5-0. 7. NEW BUSINESS At this time, the City Council adjourned and convened as the Saratoga Public Financing Authority at:7:36 p.m, .At 7:41 p.m., the Saratoga Public Financing Authority adjourned and reconvened as the City Council. ROLL CALL - Councilmembers Waltonsmith, Baker, Streit, Vice Mayor Mehaffey, Mayor Bogosian y~ere~ present. ., 8. ORAL CO~VIIVIUNICATIONS (continued) and instructions to staff regarding actions on current.pral communications. Mayor,,Bogclsian directed staff to bring back the Azule Crossing Inc. project for Council reconsideration on January 19, 2000 as discussed earlier. Council concurred. 9. APPROVAL OF NIINUTES (Note: City Attorney will be excused at this point if no longer ~i: • r needed.) A. Adjourned Regular mceting of December 7,1999 Reynmmpndntinn• Approve minutes. B. Regular mceting of December 15,1999. Rprnmmpndatinn~ Approve minutes. Councilmember Mehaffey corrected typographical errors to the minutes as noted by the City Clerk. 11~HAFFEY/BAKER MOVED TO APPROVE THE NIINUTES OF DECEMBER 7, 1999 AS CORRECTED. MOTION PASSED 5-0. l~~HAFFEY/STRETT MOVED TO APPROVE THE MINUTES OF DECEMBER 15, 1999 AS CORRECTED. MOTION PASSED 5-0. Page 4 of 5 • • n City Council Minutes 10. C1TY COUNCIL ITEMS January S, 200d';== ~ x ~'. s -.. 't; .. . A. Agenda items for the nett adjourned regular meeting -emote: ' Tl~e ~}ufp~~'4 t~f'' 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 adjourti~d -regular meeting of7anuary 11, 2000. This m~tinu is caneel~_ ,. -.,, :. ~f ~ ~..'.:~ ~~:~~ B. Other Councilmember Baker announced there will be Watershed Solution preseirtation~atFthe~~f~€iada~i~~- Resource District study session on FebnJary 9 at 7 p.m. at the Santa Clara Valley Water District Board Room. ~: ~..~~...., _ ...~...;.f: Councilmember Streit submitted an Economic Financial Model, which he encouragedf~o use irr' reviewing and evaluating the Azule Crossing project and other projects in the future. ~ ° ' ~ ~ ~~ Councilmember Baker inquired and City Manager Perlin replied that the notices to the-p~rbperty'ov~r- to comply with the septic abatement or apply for deferral will be going out to the property ov~hers"in the next few days. ~`. ~ ~ °; Councilmember Baker expressed dismay in the length of time it has taken to get these notice~~Aut~tb the property owners and was concerned that the property owners may not be able to apply for the reduced costs for septic abatement with West Valley Sanitation District since that desdline~wa$ Jatnia 1, 2000. Councilmember Baker and Mayor Bogosian noted that this matter had been brought tilrtbe -~ Council previously. x.` '~~ ~'S~~ _.. Discussion ensued. _ _. .' City Manager Perlin responded that he was not aware of the January 1 deadline and the West Valley Sanitation District has not provided the City with any of this information. ~~ .~ , i 11. CITY MANAGER' SREPORT -City Manager Perlin reported the following: • Council and Planning Commission meetings this month will be held in the Adult-~Care' Cater ~ ' until construction is completed in the Civic Theater. , .: ' `~ :i '~~ ~ :.. ~ . ' y • New dais and furniture will be available on the February 2, 2000 Council meeting. • He will not be a8 the February 2, 2000 meeting due to a prior engagement; ~ --= ~ Y-'' ~ `~'"' • Animal Control issues and the proposed JPA will be discussed and revieweddat~tbe=City-'` Santa Clara City Hall on Tuesday, January 11, 2000. Updated information wdl be provided to ..a 1 - n ~ Council as they are made available to staff. • State of County 2000 address will be held on January 27 at 6:3a p.m. ~~ the County Government Center. RSVPs required. • Jack Lucas of Monte Sereno will continue to represent the West Valley cities for~ott~er ~',. on the VTA Board. ~ _ ...%~ ° .:,.. ° .~ _c • League of Women's Voters public forum on Sustainability will hold its third session on,January 18 at 7:30 p.m. in the Adult Care Center. No RSVP required. ~~ ~ • •- • All day retreat of the Chamber of Commerce on Tuesday, January 11, 2000 from -9:30 to 4:30 p.m. He will be attending part of it. • No YZK problems have been detected. , . ' : ,' ~ ,~' ~~~~° . ,~`~ 12. ADJOURNMENT - Mayor Bogosian adjourned the meeting at 9:00 p.m. Respectfully submitted, .. A. Ramos MCA City Clerk Page 5 of 5 • •