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HomeMy WebLinkAbout10-02-2002 City Council MinutesMINUTES SARATOGA CITY COUNCIL OCTOBER 2, 2002 The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room. 13777 Fruitvale Avenue at 5:30 Vim. Conference With Legal Counsel -Existing Litigation (2 cases) (Government Code section 54956.9(a)) Name of case: City of Saratoga v. West Valley-Mission Community College District (California Court of Appeal, Sixth Appellate District No. H022365) Name of case: Saratoga Fire Protection District v. City of Saratoga (Santa Clara County Superior Court No. CV-803540) Conference with Legal Counsel -Initiation of litigation (Gov't Code Section 54956.9(c): (1 potential case) Conference with Legal Counsel -Threatened litigation (Gov't Code 54956.9(b): (2 potential cases) MAYOR'S REPORT ON CLOSED SESSION - 7:00 a.m. Mayor Streit reported there was Council discussion but no action was taken. Mayor Streit called the Regular City Council meeting to order at 7:00 p.m. and requested Dave Anderson, City Manager, to lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Stan Bogosian, John Mehaffey, Ann Waltonsmith, Mayor Nick Streit ABSENT: Vice Mayor Evan Baker ALSO PRESENT: Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Jesse Baloca, Administrative Services Director John Cherbone, Director of Public Works Tom Sullivan, Community Development Director REPORT OF CITY CLERK ON POSTING OF AGENDA FOR OCTOBER 2, 2002 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of October 2, 2002 was properly posted on September 27, 2002. COMMUNICATIONS ]FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS The following person requested to speak at tonight's meeting: Bert Martel, 14420 Fruitvale Avenue, explained that he lived next door to West Valley College. Referring to the West Valley Sanitation Project along Allendale Avenue, Mr. Martel stated that truck loads of some type of brown substance was being dump on West Valley property next to his fruit orchard. Mr. Martel stated that he feels the substance could contain ecoli and is damaging his orchard. Mr. Martel requested that the City Council visit the site. Mr. Martel added that the Ciyt, West Valley College, nor West Valley Sanitation District never informed him that the dumping would occur. Cathy Zang, 1286 Hazelnut Court, San Jose, requested that the City Council issue a supporting the month of October "California Falun Dafa Month" Holly Davies, 14478 Oak Place, referred to a fax that Mitch Cutler sent to the City and to her. Ms. Davies defended her actions Mr. Cutler stated in his fax. Ms. Davies stated that when New Life Tree Service was cutting her tree, on her property, she yelled at them to leave. Bill Breck, 20375 Saratoga-Los Gatos Road, noted that this was his 10th time before the Council. Mr. Breck stated that he agreed with the comments made by Ms. Davies. Mr. Breck stated that he is again requesting the City impose penalties on all of the tree violations committed by Mr. Cutler. Mr. Breck stated that the City needs better communications. Out of the twenty protected trees around Mr. Cutler's project 13 trees have been damaged. Mr. Breck asked why new permits have been issued to Mr. Cutler. John Mallory, 12258 Kirkdale Drive, requested that the City sponsor and fund some type of patriot event in the City of Saratoga. COMMUNICATIONS FROM BOARDS AND COMMISSIONS None WRITTEN COMMUNICATIONS None October 2, 2002 COUNCIL DIIiECTION TO STAFF Mayor Streit requested that John Cherbone, Public Works Director, give a brief report regarding the issues Mr. Martel reported. Director Cherbone stated that City staff was unaware of the issue. As soon as Mr. Martell made staff aware staff visited the site and stopped the activity and asked them to cease all future activity. Director Cherbone noted that the District has agreed to remove all debris and sludge and has agreed to do testing of the soil to make sure there is no contamination. Director Cherbone noted that the District is fully cooperating at this time. Mayor Streit requested that Tom Sullivan, Community Development Director, give a brief report in regards to the issues Ms. Davies and Mr. Breck brought up. Director Sullivan explained at Mr. Cutler project currently has two stop work orders on it and two other permits that are still active. In regards to the first stop work order for the 190-foot wall that was built by Ms. Davies property because of the height and footings the City issued a notice of intend to record the violation which puts a clout on the title. Mr. Cutter had the right to appeal it and he has and will be heard on Nov 14, 2002 by the City's Hearing Officer In regards to the stop work order for the 300-foot wall within ten feet of any protected oak trees. The Planning Commission recently adopted a resolution that addresses that with several provisions. The Planning Commission directed the City's Arborist, Barry Coates to do an inspection of the trees. Mr. Coates was there a week ago Monday and his draft report is near completion. Mr. Coates will bring back a remediation plan to Planning Commission to discuss implementation. Mr. Coates Barry is also addressing how and where the soil that was placed there as fill is going to be removed. Director Sullivan explained that if Mr. Cutler ignores further direction from the Planning Commission notice him of intent to record the violation and move forward from them probably through the appeal process and if we are successful with the appeal the violation would be recorded. Director Sullivan explained that in regards to the tree citation that was issued by Code Enforcement - it was settled by virtue of a replacement and maintenance agreement that has been recorded. Mr. Cutler has agreed to replant six trees of a certain size and would be inspected by the Mr. Coates. Councilmember Bogosian asked City Attorney Taylor if there are civil legal remedies that the neighbors could pursue regarding alleged trespassing on their property that would be available to them outside anything the City can do. City Attorney Taylor responded yes. None October 2, 2002 CEREMONIAL ITEMS lA. PROCLAMATION DECLARING THE WEEK OF October 13-19, 2002 "TEEN READ WEEK" STAFF RECOMMENDATION: Read proclamation. Mayor Streit read the proclamation and presented it to 7odie Wiepking, Children's Librarian. Ms. Wiepking thanked the City for the proclamation and introduced several teen volunteers who each shared their favorite book. PUBLIC HEARINGS MINOR AMENDMENT TO TREE REGULATION STAFF RECOMMENDATION: Open public hearing; close public hearing; waive the first reading; place on next agenda for adoption. Tom Sullivan, Community Development Director, presented staffreport. Director Sullivan explained that City Staff and the Captain Bacon of the Santa Clara County Sheriff s Department have discussed simple methods that would ease their enforcement of City Tree Removal regulations. The proposed ordinance amendment is the result of that discussion. Director Sullivan explained that the proposed ordinance would require anyone removing an ordinance-protected tree to be able to produce a copy of the approved permit. If the person removing the tree(s) cannot produce a copy of the permit, the Sheriff Deputy or Code Enforcement Officer will then be able to shut the job down. Director Sullivan noted that in the past Sheriff' Deputies have been reluctant to do so as they did not feel they had a Municipal Code section to back them up. This amendment will provide them with sufficient ordinance authority. A discussion amongst the City Council took place regarding the future rewrite of the Tree Ordinance. Director Sullivan explained the process and the dates it would be before the Planning Commission. Mayor Streit opened the public hearing at 7:50 p.m. Bill Breck, 20375 Saratoga-Los Gatos Road, stated that he generally supports the proposed ordinance, but stated he felt the ordinance needed more practical guidelines. October 2, 2002 Mayor Streit closed the public hearing at 7:54 p.m. WALTONSMITHBOGOSIAN MOVED TO WAIVE THE FIRST READING AND PLACE ON NEXT AGENDA FOR ADOPTION. MOTION PASSED 4-0-0-1 WITH BAKER ABSENT. 4. MINOR AMENDMENT TO SECTION 15-19.020 REGARDING SOUND WALL REQUII2EMENTS STAFF RECOMMENDATION: Open public hearing; close public hearing; waive the first reading; place on next agenda for adoption. Tom Sullivan, Community Development Director, presented staff report. Director Sullivan explained that the City Council had previously referred this item to the Planning Commission for their study and recommendations after the hearing involving Dr. Oliver. Director Sullivan explained that currently Section 15-19.020 (f)(4) of the Zoning Ordinance allows sound walls to be required by the Planning Director or the Planning Commission upon a determination that such a fence or wall is needed t mitigate noise or other adverse impacts of commercial activities. This zoning code section does not address the approval or materials and design for aesthetic reasons. The proposed ordinance amendment would allow for the Director or Planning Commission to consider the design and material in the approval process. MEHAFFEY/WALTONSMITH MOVED TO WAIVE THE FIRST READING AND PLACE ON NEXT AGENDA FOR ADOPTION. MOTION PASSED 4-0-0-1 WITH BAKER ABSENT. OLD BUSINESS APPROVAL OF 1VIEMORIAL ARCH LOCATION STAFF RECOMMENDATION: Approve recommended location of Memorial Arch. John Cherbone, Public Works Director, presented staff report. Director Cherbone explained that at the September 4, 2002 City Council meeting Council approved the formation of a task force represented by members of the Heritage Commission, the Arts Commission, and the Saratoga Historical Foundation to help determine the best placement of the Memorial Arch in Blaney Plaza in connecting with the Saratoga Fire District Project and to review the development of a master plan for the future redevelopment for Blaney Plaza. Tom Lowdermilk, Heritage Preservation Commission, referring to a picture he passed out to the Council he stated that he believes they are from 1919-1946, the $ October 2, 2002 Arch is facing out towards the Gateway Project. Mr. Lowdermilk requested that the Arch be placed in the plaza much like it was in 1919. Mr. Lowdermilk also requested that the Council approve moving a 1946 flagpole and a bronze plaque. Director Cherbone noted that his staff could move the plaque and the flagpole with minimum costs. Councilmember Bogosian requested that when the Arch is moved city staff videotape it for historic purposes. BOGOSAIN/WALTONSMITH MOVED TO ACCEPT RECOMMENDED PLACEMENT OF THE MEMORIAL ARCH IN BLANEY PLAZA INCLUDING MOVING THE FLAGPOLE AND THE PLAOUE. MOTION PASSED 4-0-0-1 WITH BAKER ABSENT. NEW BUSINESS 6. SAFETY NET EXTENSION AT CONGRESS SPRINGS PARK STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 02-075 RESOLUTION OF THE CITY COUNCIL AMENDING THE 2002-2003 BUDGET FOR AN APPROPRIATION OF $60,000 FOR THE SAFETY NET EXTENSION AT CONGRESS SPRINGS PARK John Cherbone, Public Works Director, presented staff report. Director Cherbone explained when Congress Springs was redesigned in 2001, the tennis courts were removed and replaced by two Farm League baseball diamonds. Although the fields are directed away from the soundwall, it is still foreseeable that a foul ball could make its way over the wall an into the freeway traffic. This potential situation will be mitigated by continuing the existing safety netting along the soundwall to the end of the park. BOGOSAIN/WALTONSMITH MOVED TO ADOPT RESOLUTION TO EXTEND SAFETY NET AT CONGRESS SPRINGS PARK MAKING THE APPROPRIATIONS OUT OF THE GENERAL FUND UNALLOCATED RESERVE. MOTION PASSED 4-0-0-1 WITH BAKER ABSENT. CONSENT CALENDAR 2A. APPROVE COUNCIL MEETING MINUTES REGULAR MEETING -AUGUST 7, 2002 STAFF RECOMMENDATION: Approve minutes. October 2, 2002 Councilmember Mehaffey requested that Item 2A be pulled from the Consent Calendar. Councilmember Mehaffey page 11, 4`" paragraph replace the word "which" to "and that". MEHAFFEY/ WALTONSMITH MOVED TO APPROVE COUNCIL MINUTES Of AUGUST 7, 2002 AS AMENDED. MOTION PASSED 4-0-0-I WITH BAKER ABSENT. 2B. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. WALTONSMITHBOGOSIAN MOVED TO APPROVE THE CHECK REGISTER. MOTION PASSED 4-0-0-1 WITH BAKER ABSENT. 2C. REVIEW PLANNING COMMISSION ACTION MINUTES - SEPTEMBER 25, 2002 STAFF RECOMMENDATION: Note and file. WALTONSMITH/BOGOSIAN MOVED TO NOTE AND FILE THE PLANNING ACTION MINUTES OF SEPTEMBER 25, 2002. MOTION PASSED 4-0-0-1 WITH BAKER ABSENT. 2D. CONSTRUCTION AND DEMOLITION DEBRIS ORDINANCE STAFF RECOMMENDATION: Adopt ordinance. TITLE OF ORDINANCE: 210 ORDINANCE AMENDING THE SARATOGA CITY CODE CONCERNING CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING WALTONSMITH/BOGOSIAN MOVED TO ADOPT CONSTRUCTION AND DEMOLITION ORDINANCE. MOTION PASSED 4-0-0-1 WITH BAKER ABSENT. AGENCY ASSIGNMENT REPORTS Councilmember Mehaffey had no reportable information. Councilmember Waltonsmith reported the following information: Sister Citv Committee -requested that the City arrange a meeting between the Sister City Committee and Hakone Foundation. ~ October 2, 2002 Historical Foundation - had a party this past weekend to celebrate the ground breaking of their new addition. Councilmember Bogosian reported that following information: Library JPA -met last month and developed the criteria for the selection process for the new County Librarian. SAVACA -met last night and the Board has agreed to grant the City of Sunnyvale a 30- day extension in order for them to get all of their concerns and questions answered. Mayor Streit had no reportable information. CITY COUNCIL ITEMS Councilmember Bogosian requested that the Mayor prepare a proclamation for Falong Gong month. Councilmember Waltonsmith noted that she supported Councilmember Bogosian request. Councilmember Bogosian noted that the Village Green Neighborhood Association meetings regarding traffic mitigation have been going well. Councilmember Waltonsmith requested that the City help the Sister City Committee arrange a meeting with Hakone Foundation. OTHER City Manager Anderson stated that he and Councilmember Waltonsmith would be out of town at the League of California Cities Annual Conference in Long Beach California. They would be returning late Friday night. CITY MANAGER'S REPORT None ADJOURNMENT There be no further business Mayor Streit adjourned the meeting at 8:25 p.m October 2, 2002