Loading...
HomeMy WebLinkAbout06-20-2001 City Council Minutes MINUTES SARATOGA CITY COUNCIL JUNE 20, 2001 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 Negotiator: Agency designated representative: Dave Anderson, City Manager Employee organization: Saratoga Employees Association Conference With Labor Negotiator: Agency designated representative: Dave Anderson, City Manager Employee organization: Saratoga Management Association Conference With Legal Counsel - Existing Litigation (Government Code section 54956.9(a)): Name of case: City of Saratoga v. Hinz (Santa Clara County Superior Court Doc. No. CV-784560) Conference With Legal Counsel - Existing Litigation (Government Code section 54956.9(a)): Name of case: Warfel v. City of Saratoga (BAP No. NC-00-1195) Conference With Legal Counsel - Existing Litigation (Government Code section 54956.9(a)): Name of case: Landau v. City of Saratoga (Santa Clara County Superior Court Doc. No. AS-01267348) MAYOR'S REPORT ON CLOSED SESSION - 7:00 p.m. Mayor Mehaffey reported there was Council discussion but no action was taken. Mayor Mehaffey called the Regular City Council meeting to order at 7:02 p.m. and requested Lee Blair, Youth Commissioner, to lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmember Ann Waltonsmith, Vice Mayor Nick Streit, Mayor John Mehaffey ABSENT: Councilmerhbers Evan Baker, Stan Bogosian ALSO PRESENT: Dave Anderson, City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk City Council Minutes 1 June 20, 2001 Mary Jo Walker, Director of Administrative Services John Cherbone, Director of Public Works Tom Sullivan, Community Development Director Joan Pisani, Recreation Director Paula Reeve, Administrative Analyst Cary Bloomquist, Administrative Analyst REPORT OF CITY CLERK ON POSTING OF AGENDA FOR JUNE 20, 2001 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of June 20, 2001 was properly posted on June 15, 2001. COMMUNICATIONS FROM BOARDS AND COMMISSIONS None WRITTEN COMMUNICATIONS None ORAL COMMUNICATIONS None COUNCIL DIRECTION TO STAFF None CEREMONIAL ITEMS IA. APPOINTMENT OF PLANNING COMMISSION MEMBER STAFF RECOMMENDATION: Approve Resolution of Appointment and Administer Oath of Office. TITLE OF RESOLUTION: 01-040 RESOLUTION OF THE CITY COUNCIL APPOINTING ONE MEMBER TO THE PLANNING COMMISSION STREIT/WALTONSMITH MOVED TO ADOPT RESOLUTION APPOINTING JILL HUNTER TO THE PLANNING COMMISSION. MOTION PASSED 3-0-2 WITH BAKER AND BOGOSIAN ABSENT. City Clerk Boyer administered the Oath of Office to Jill Hunter. City Council Minutes 2 June 20, 2001 lB. APPOINTMENT OF YOUTH COMMISSION MEMBERS STAFF RECOMMENDATION: Approve Resolution o£ Appointment and Administer Oath of O£fice. TITLE OF RESOLUTION: 01-041 RESOLUTION OF THE CITY COUNCIL APPOINTING NINE MEMBERS TO THE YOUTH COMMISSION WALTONSMITH/STREIT MOVED TO ADOPT RESOLUTION APPOINTING JAMES ATKIN, MICHAEL BRYNE, PHILLIP BAKER, ROSS LEVIN, JACKIE LUSKEY, ANDY MILLER, ELISE SCHWARTZ, ELLIOTT ONN AND ABHIK PRAMANIK TO THE YOUTH COMMISSION. MOTION PASSED 3-0-2 WITH BAKER AND BOGOSIAN ABSENT. City Clerk Boyer administered the Oath of Office to James Atkin, Michael Bryne, Phillip Baker, Ross Levin, Jackie Luskey, Andy Miller, Elise Schwartz, Elliott Onn and Abhik Pramanik. iD. PROCLAMATION - DECLARING JULY 2001 AS "PARKS AND RECREATION MONTH" STAFF RECOMMENDATION: Read Proclamation. Mayor Mehaffey read the proclamation. CONSENT CALENDAR 2A. APPROVE COUNCIL MEETING MINUTES REGULAR MEETING - MAY 2, 2001 REGULAR MEETING - MAY 16, 2001 STREIT/WALTONSMITH MOVED TO APPROVE CITY COUNCIL MINUTES OF MAY 2, 2001 AND MAY 16, 2001. MOTION PASSED 3-0-2 WITH BAKER AND BOGOSIAN ABSENT. 2B. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve the check register. STREIT/WALTONSMITH MOVED TO APPROVE THE CHECK REGISTER. MOTION PASSED 3-0-2 WITH BAKER AND BOGOSIAN ABSENT. City Council Minutes 3 June 20, 2001 2C. MAY FINANCIAL STATEMENTS STAFF RECOMMENDATION: Note and file. STREIT/WALTONSMITH MOVED TO NOTE AND FILE MAY FINANCIAL STATEMENTS. MOTION PASSED 3-0-2 WITH BAKER AND BOGOSIAN ABSENT. 2D. REVIEW PLANNING COMMISSION ACTION MINUTES - JUNE 13, 2001 STAFF RECOMMENDATION: Note and file. STREIT/WALTONSMITH MOVED TO NOTE AND FILE PLANNING ACTION MINUTES OF JUNE 13, 2001. MOTION PASSED 3-0-2 WITH BAKER AND BOGOSIAN ABSENT. 2E. AUTHORIZATION TO PURCHASE EQUIPMENT STAFF RECOMMENDATION: Authorize purchase. Councilmember Waltonsmith removed Item 2E from the Consent Calendar. Councilmember Waltonsmith questioned if the user groups will pay for the maintenance o£ Congress Springs Park. John Cherbon¢, Director of Public Works, responded that the City charges the user groups a fee, which includes an hourly rate for usage o£ City equipment. WALTONSMITH/STKEIT MOVED TO AUTHORIZE PURCHASE OF PARK MAINTENANCE EQUIPMENT FOR USE AT CONGRESS SPRINGS PARK AND A SCARIFER GRINDER FOR VARIOUS STREET 2F. AND SIDEWALK RELATED WORK. MOTION PASSED 3-0-2 WITH BAKER AND BOGOSIAN ABSENT. ADOPT RESOLUTION OF MEMORANDUM OF UNDERSTANDING- SARATOGA EMPLOYEES ASSOCIATION STAFF RECOMMENDATION: Adopt Resolution. city Council Minutes 4 June 20, 2001 TITLE OF RESOLUTION: 85.9.132 RESOLUTION OF THE CITY COUNCIL AMENDING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE SARATOGA EMPLOYEES ASSOCIATION, FURTHER AMENDING RESOLUTION NO. 85-9 AS AMENDED, ADJUSTING SALARIES AND BENEFITS FOR NON-MANAGEMENT EMPLOYEES Mayor Mehaffey removed Item 2F from the Consent Calendar. Mayor Mehaffey noted that Mary Jo Walker, Director of Administrative Services, had a correction to the MOU. Director Walker stated the following language should be inserted in the MOU on page 8, item #4: "If an employee has not worked full time for at least ten years of the twenty years of service the $200.00 maximum reimbursement will be prorated based on the employees full time equivalency in the last ten years of service." WALTONSMITH/STREIT MOVED TO ADOPT RESOLUTION OF MEMORANDUM OF UNDERSTANDING - SARATOGA EMPLOYEES 2G. ASSOCIATION AS AMENDED. MOTION PASSED 3-0-2 WITH BAKER AND BOGOSIAN ABSENT. ADOPT RESOLUTION OF LETTER OF UNDERSTANDING - SARATOGA MANAGEMENT ASSOCIATION STAFF RECOMMENDATION: Adopt Resolution. TITLE OF RESOLUTION: 85.9-133 A RESOLUTION OF THE CITY COUNCIL RATIFYING A LETTER OF UNDERSTANDING BETWEEN THE CITY AND THE SARATOGA MANAGERS ORGANIZATION AND AMENDING RESOLUTION 85- 9.129, MODIFYING THE LETTER OF UNDERSTANDING AND SETTING MANAGEMENT SALARY RANGES FOR FISCAL YEARS 2001/02AND 2002/03 STREIT/WALTONSMITH MOVED TO ADOPT RESOLUTION FOR LETTER OF UNDERSTANDING - SARATOGA MANAGEMENT ASSOCIATION. MOTION PASSED 3-0-2 WITH BAKER AND BOGOSIAN ABSENT. Mayor Mehaffey noted that it was not the appropriate time to begin the public hearings and requested the Council move to Item #7. Consensus of the City Council to move to Item #7. city Council Minutes 5 June 20, 2001 NEW BUSINESS PRESENTATION ON BAY AREA ALLIANCE DRAFT COMPACT FOR A SUSTAINABLE BAY AREA STAFF RECOMMENDATION: Informational only. Charlotte Powers, Coordinator/Bay Area Alliance for Sustainable Development, thanked the City Council for inviting her to tonight's meeting. Ms. Powers explained that the Bay Area Alliance for Sustainable Development is a multi-stakeholder coalition established in 1997 to develop and implement a sustainability action plan for the Bay Area. The Draft Compact was created through partnership comprised of the Association of Bay Area Governments (ABAG) and more than 45 environmental, business and social equity organizations and government agencies. The Draft Compact is a commitment by participating organizations to take specific steps over the next 25 years. It is also an action plan to guide government, businesses, civic organizations and individuals in cooperative efforts that will lead to a more sustainable region. Ms. Power explained the Draft Compact identifies key regional challenges and recommends a package of 10 strategic commitments. The Draft Compact centers around e-vision, integrating the "three E's" of sustainable development: a prosperous economy, quality environment, and social equity. The overall goal of the Bay Area Alliance is to reach a consensus among stakeholder organizations and civic leaders on a shared vision about how the region can grow in a more sustainable manner. Councilmember Waltonsmith asked when the Draft Compact would be available to review. Ms. Powers responded a draft should be available in July 2001. Mayor Mehaffey asked how the program was being funded. Ms. Powers explained that the Bay Area Alliance is a membership organization made up of private and public organizations and businesses. Mayor Mehaffey thanked Ms. Powers for her presentation and noted that they the Saratoga City Council looks forward to reviewing the Draft Compact. Mayor Mehaffey noted that is was the appropriate time to begin the public heatings. City Council Minutes 6 June 20, 2001 PUBLIC HEARINGS APPEAL OF PLANNING COMMISSION APPROVAL OF DR-00-054 & V- 01-002 (517-14-087)- MARTIN/ROSE, KITTRIDGE ROAD STAFF RECOMMENDATION: Issues resolved. Tom Sullivan, Community Development Director, presented staff report. Director Sullivan explained that on March 28, 2001, the Planning Commission approved, with conditions, an application to construct a dwelling on a vacant parcel on Kittridge Road at the request of Heather Rose and Bruce Martin. The dwelling is to be 7,272 square feet on a 347,173 square foot parcel. Director Sullivan noted that Lisa Samsel, 15300 Kittridge Road, appealed the Planning Commission approval and the appeal heating before the City Council has been continued twice. Director Sullivan explained that the appeal issues deal with needed drainage improvements. The project was uphill fi:om the Samsel's property. There is an existing drainage swale that has washed out several times. When this occurs, it leaves the debris on the Samsel's property. Director Sullivan noted that Ms. Rose has agreed to construct and maintain a permanent structure that will catch the debris prior to allowing the storm water to pass onto the Samsel's property. Staff attended a meeting between the Appellant and the Applicant on June 12, 2001. At this meeting the Appellant agreed to design and maintain the structure for lO-years. After the lO-year period the maintenance will shift to the owner of the Samsel property. Director Sullivan referred to an urgent fax sent by Ms. Rose proposing an altemative solution fi:om her engineers. Mayor Mehaffey noted that the City Council would take a few minutes to read the fax. Mayor Mehaffey opened the public heating at 7:37 p.m. Heather Rose, 604 Wellsbury Court, Palo Alto, noted that she has been trying to work proactively with her neighbors and so far has addressed four out of five points that the Samsel's originally raised. Ms. Rose explained that the fifth issue, the drainage problems, is unrelated to her project, but has been working very hard to resolve the neighbors concerns. Ms. Rose noted that on June 12, 2001, after coming to an agreement with the Samsel's that met all of their requirements, she took the wall design back to her design team for review and was told that it was not going to solve the problem. Ms. Rose noted that her design team suggested that the best solution would be to construct a culvert. Ms. Rose noted that she would sign a letter of intent and file it with the City of Saratoga. Ms. Rose noted that a culvert is more expensive but she is willing to spend the money for a better solution. City Council Minutes 7 June 20, 2001 Ms. Rose noted that she is on a tight time frame and would like to see it resolved this evening. She explained that she needs to build another culvert above the Samsel's property and there is a County water and sewer project that are dependent upon the construction ora road that is part of her project. Lisa Samsel, 15300 Kittridge Road, noted that her house is directly below Ms. Rose's property. Mrs. Samsel requested that the Council reverse her request to withdraw her appeal on the Martine/Rose project. Mrs. Samsel noted she asked for a continuance allowing Ms. Rose more time to develop a proposal to relocate the main drainage outlet and ftx the ravine landslide problem. Mrs. Samsel noted that Ms. Rose has known about the drainage problem since July 2000 when she bought the property. Mrs. Samsel explained that on June 12, 2001 she and Ms. Rose agreed that a retaining wall would be buik. Mrs. Samsel explained that because of this agreement they withdrew their appeal. Mrs. Samsel noted that yesterday Ms. Rose informed her that she would no longer be building the retaining wall. The new proposal that was presented tonight to the City Council was a complete surprise and was not discussed with them. Mrs. Samsel noted that the last five owners of the property promised to fix the problem; none of the owners took any action. Mrs. Samsel explained that Ms. Rose started her project knowing the existing problems and never talked to any of the neighbors. Mrs. Samsel requested the City Council reverse the Planning Commission approval and make the project contingent on fixing the problems discussed tonight. Vice Mayor Streit asked if the two culverts that Ms. Rose has proposed to build is an acceptable solution to the water diversion and landslide problems. Mrs. Samsel responded that she has not seen the new proposal so she cannot comment on it. Mayor Mehaffey explained that tonight the Council would need to decide on which solution, either the original retaining wall proposal or the new construction of two culverts, would work best to solve the problems identified tonight. Robert Samsel, 15300 Kittfidge Road, responded that the proposed drainage pipe is acceptable, but is concerned that Ms. Rose would not follow through with her proposals once she obtained her permits for grading. Mayor Mehaffey noted that if both parties come to an agreement, the City would enforce the agreement. Alan Kosmata, 15315 Kittfidge Road, noted that his property is directly below the Samsel property. Mr. Kosmata noted that he has lived there since 1967. Mr. Kosmata explained he had the same problems with drainage, but after a culvert was built it solved the drainage problem. Mr. Kosmata noted he supports Ms. Rose's proposal to construct a culvert to connect to the one under his property.. Dan Stewart, 15799 Apollo Heights Court/Saratoga Heights Mutual Water Company, noted that he has been with the water company for 30 years and is well aware of that City Council Minutes 8 June 20, 2001 area. Mr. Stewart noted that he has heard that depending upon this project, Kittridge Road will be chained off. Mr. Stewart noted that he objects to this because the middle road is a good access to pumps, especially in an emergency. Mayor Mehaffey asked if he would agree to the chain if he were provided a key. Mr. Stewart noted that would be fine, but other groups might also need access. David Dolloff, 20685 Sigal Drive, noted that he supports Ms. Rose's proposal to construct a culvert, a retaining wall would be useless. Councilmember Waltonsmith asked Mr. Dolloffwhat he thought of the chain across Kittridge. Mr. Dolloff concurred with Mr. Stewart that the access road is very important for water and safety purposes. Mr. Dolloffnoted that he has been working with Chief Kraule to get the chain removed permanently. Councilmember Waltonsmith asked who put the chain up and if the road is private. Mr. Dolloffresponded that the Samsel's put the chain up and he believes that Ms. Rose owns 90% of the road and the Samsel's own 10% of the road. Ms. Rose responded that she does not own any portion of the road. Vice Mayor Streit asked if the upgrades have to take place all at once. Mr. Dolloffnoted that all tmderground utilities (water, sewer, and PG&E) should be done all at once. Mr. Dolloffnoted that Ms. Rose is willing to split a water line that goes across her property down to the roadway and on to another roadway on the other side. This would eventually allow hook ups to San Jose Water. Mayor Mehaffey closed the public heating at 8:10 p.m. Ms. Rose noted that when she first met with the Samsel's on April 17, 2001, she agreed to construct a culvert, but Samsel's denied it. Mayor Mehaffey asked Ms. Rose if she had an opinion on the road. Ms. Rose noted that she thinks the culvert will help maintain the road. Ms. Rose noted that she would like to see the road paved and proper easements be granted for access for fire and water purposes. In regards to the access road, Mr. Samsel noted that 200 feet is paved and the rest is dirt. Mr. Samsel noted that the road is so rutted that a regular passenger car could not drive on it. Mr. Samsel noted that they do keep the chain across the road and do not mind people who have a legal right to use it. Mr. Samsel noted that if anyone wants to construct a gate, they would not object, but do want to keep it blocked off. city Council Minutes 9 June 20, 2001 Vice Mayor Streit asked if they had any objection to allowing access to the Fire District. Mr. Samsel responded that ChiefKraule currently has a key to the lock. Mayor Mehaffey closed the public heating at 8:10 p.m. Mayor Mehaffey questioned if the Planning Commission's condition that is being appealed is sufficient enough to fume an agreement between the neighbors when the grading starts. Director Sullivan responded that her improvement plans would have to be inspected and approved by the Public Works Department. Vice Mayor Streit asked Director Cherbone if the culverts in Ms. Rose's proposal were sufficient enough to pass inspection. Director Cherbone explained that he has not reviewed the proposal, but the Public Works Department would carefully inspect any conditions placed on the project. Councilmember Waltonsmith noted that Cynthia Barry, Chair/Planning Commission was present tonight and would like to ask her about the Planning Commission's discussion on this project. Cynthia Barry, Chair/Planning Commission, noted that the Planning Commission straggles with general drainage issues on many of the projects that come before the Commission. Chair Barry noted that the Planning Commission did not have the technical information needed when they heard the application that is before the Cotmcil tonight. Unfortunately, the current procedure, the Building Department inspects the project and makes the decision if it meets the conditions set by the Planning Commission, does not work well and is not satisfactory to the Commission and the neighbors. Councilmember Waltonsmith asked if the Commission discussed the issue regarding the chain across the private road. Chair Barry responded that there was no discussion regarding that issue. Councilmember Waltonsmith noted that the chain blocking access to the road is a public safety issue and should be discussed at a later time. Mayor Mehaffey concurred with Councilmember Waltonsmith. STREIT/WALTONSMITH MOVED TO DENY THE APPEAL IN LIGHT OF TItE PURPOSED CHANGES BY THE APPLICANT AND UPHOLD THE PLANNING COMMISSION'S DECISION CONCERNING DR-00-054 MARTINE/ROSE, KITTRIDGE ROAD SUBJECT TO THE LETTER FROM THE APPLICANT DATED JUNE 12, 2001. MOTION PASSED 3~0-2 WITH BAKER AND BOGOSIAN ABSENT. City Council Minutes 10 June 20, 2001 APPEAL OF PLANNING COMMISSION DENIAL OF DR-01-014 (397-43- 010) - 13921 LOQUAT COURT - APPLICANT/APPELLANT: ADLPARVAR STAFF RECOMMENDATION: Deny the appeal and uphold the Planning Commission's decision. Bob Schubert, Contract Planner, presented staff report. Mr. Schubert explained that the Applicant proposed to demolish an existing 2,089 square foot single-story residence and construct a 3,368 square foot single-story home with a 2,281 square foot basement. The maximum height of the proposed structure is 17 feet 11 inches. The 10,083 square foot parcel is located in an R-l- 10,000 zoning district. Mr. Schubert noted that on May 9, 2001 the Planning Commission approved the project, subject to ten conditions of approval. The applicant subsequently filed an appeal of the Planning Commission's decision. Mr. Schubert noted that the applicant requests that the City Council remove the following requirements from Condition lb. Planning Commission Resolution No. DR-01-014: · The floor area shall be reduced by at least 25% · The front of the home shall be moved back where possible, with at least a 30-foot setback for the garage. Councilmember Waltonsmith questioned why there were stairs on the outside of the house leading to the basement. Councilmember Waltonsmith noted that the basement looks like a second dwelling unit with the stairs, light wells, kitchenette, and a bar. Mr. Schubert noted that there was nothing in the Uniform Building Code prohibiting the proposed outside stairs. Vice Mayor Streit asked how the applicant intended on pumping the water out of the basement. Vice Mayor Streit noted that in this particular neighborhood there are no storm drains, so where is the water going to go. Director Sullivan responded that after consulting with Director Cherbone the Applicant could install a pumping system in the basement into their irrigation system, it would become recycled water that could irrigate their yard. Director Sullivan noted that this could become an additional condition. Councilmember Waltonsmith asked why this neighborhood had no storm drains. city Council Minutes 11 June 20, 2001 Director Cherbone explained that this is an older neighborhood and there is enough slope in the road to carry the water off the street and on to Allendale Avenue and Quito Road. Vice Mayor Streit suggested an additional condition be added requiring a sufficient pumping system. Councilmember Waltonsmith asked if story poles were erected. Mr. Schubert responded that story poles were not required and never erected. Mayor Mehaffey opened the public heating at 8:30 p.m. Ray Nasmeh, 12029 Saratoga-Sunnyvale Road, explained that he was here on behalf of the Applicant. Mr. Nasmeh explained that when his client bought the lot he contacted the Planning Department and assessed what the set backs were on a legal lot and was informed of certain set backs at that time. Mr. Masmeh noted his client used FAR calculations to assess his allowable square footage. Mr. Masmeh explained that the Planning Commission asked that the proposed house have a 30- foot set back and his client is willing to agree on a 27 foot set back. The second request from the Planning Commission was to reduce the floor area by 25%; his client is willing to go down to 15%. In response to Councilmember Waltonsmith's question regarding the outside stairs to the basement, Mr. Nasmeh explained that the UBC does not prohibit outside stairs and reassured her that the basement would not be used as a second unit. Mr. Nasmeh noted that the proposed basement would have no visual impact on the neighborhood. Mr. Nasmeh noted that a sump pump would be installed to address the water and storm drain concerns Vice Mayor Streit noted that the entire neighborhood is against this project primarily because of the fact that it lacks neighborhood compatibility. Mr. Nasmeh noted that under the direction of the Planning Commission they have addressed several issues including the front door, the bay windows, made architectural changes and flattened the roof. Mr. Nasmeh noted they have been trying to be compatible and work with the neighborhood. Mr. Nasmeh added that there was nothing in the City's code that says he must meet with the neighbors. Terry Schack, 13940 Loquat Court, noted he opposes the proposed project because of the size, bulk, and footprint. Mr. Schack noted that Loquat Court is unable to handle more cars. Mr. Schack requested that the Council deny the appeal. Deborah Schack, 13940 Loquat Court, noted that one homeowner from every home on Loquat Court was represented tonight. Mrs. Schack explained that the houses on Loquat Court were built in 1960, ranch style, single family, two car garage homes. Mrs. Schack noted that the proposed project was not a good fit in this neighborhood. Mrs. Schack noted that if this project is approved it would change their neighborhood forever. City Council Minutes 12 June 20, 2001 Tak Kimoto, 13931 Loquat Court noted he lives next to the proposed project. Mr. Kimoto explained that the proposed house is double in size of most of the houses in the neighborhood. Mr. Kimoto noted that the construction process would be long and would impact the neighbors significantly. Mr. Kimoto urged the council to deny the appeal. Glenn Zucca, 13911 Loquat Court, noted that his house directly faces the proposed house. Mr. Zucca explained that in regards to the Planning Commission's decision regarding the outside stairs, they forgot to put in the conditions that no light well would be installed. Mr. Zucca noted that the proposed project is graded two feet higher than most of the homes in the neighborhood. Mr. Zucca noted that this project invades his privacy because it is graded two feet higher than most of the homes on Loquat Court, and two large bay windows directly face his back yard. Jim Riley, 13910 Loquat Court, requested that the City Council deny the entire project. Helen Riley, 13910 Loquat Court, noted that her concem was for the safety of the children who play in the court. Gene Zambetti, 14540 Big Basin Way, noted he represented his mother who lives on Loquat Court. Mr. Zambetti requested that the Council deny the entire project. Mr. Zambetti commented that the developer is trying to put two houses on one lot. Cynthia Barry, Chair/Planning Commission, noted that this project should not have come before the City Council. The Planning staffwas not in favor of this design and the Planning Commission put several conditions on it. Chair Barry noted that in regards to neighborhood compatibility, the applicants ignored that issue. Chair Barry explained that the Planning Commission offered the Applicant a continuance on the project to go back and work with the neighbors, but the offer was refused. Chair Barry noted that in general, developers need to understand that the formula for square footage is a discretionary decision made by the members of the Planning Commission. In regards to the safety issues concerning the light wells, Chair Ban'y noted that the Planning Commission did recommend that rails or screening be placed on the light wells, which is part of the building code. In terms of the set back of the light wells the Commission never said the light wells could not encroach upon the set back. Vice Mayor Streit asked if the Planning Commission discussed the overall design and neighborhood compatibility of the proposed house. City Council Minutes '13 June 20, 2001 Chair Barry responded that the issues addressed by the Planning Commission in regards to the design was the height, entry level, general size, and bay windows. Chair Barry noted that the changes the Commission requested of the Applicant should have addressed compatibility issues. Mr. Nesmah explained that the project is a four-bedroom home, built to code, and was approved by the Planning Commission 6-0. Mr. Nesmah noted that the reason there is a Uniform Building Code and a City Code is to prevent neighborhoods from designing an indivual property owner's home. Mr. Nasmeh noted that he is uncomfortable with Chair Barry's summary of the Planning Commission actions on May 9, 2001. Vice Mayor Streit asked if the neighbors have been shown the new design. Mr. Nasmeh responded that the Planning Commission proposed the changes they made in the new design; the intent was to resolve compatibility issues. Mayor Mehaffey closed the public hearing at 9:21 p.m. Councilmember Waltonsmith commented that she does not support the new plan if all interested parties have not reviewed it. Councilmember Waltonsmith noted that she is concerned about the safety of the court with added cars and people. Councilmember Waltonsmith suggested that this project be sent back to the Planning Commission with a new design. Vice Mayor Streit concurred with Councilmember Waltonsmith. Vice Mayor Streit reminded everyone that when he ran for office two and a half years ago he made a commitment that he would maintain the character of neighborhoods, and Loquat Court is a distinct neighborhood that needs to keep the compatibility. Vice Mayor Streit noted that he does not think the Applicant has not done a sufficient job working with the neighborhood. Vice Mayor Streit stated that he would like to deny the appeal and sent the project back to the Planning Commission with a complete redesign. Vice Mayor Streit suggested that the Applicants work with the neighbors. Director Sullivan explained that in order for the project to return to the Planning Commission the Council would have to deny the appeal, deny the project, and allow a new application to be submitted. Mayor Mehaffey commented that he sympathizes with the neighborhood, but change will happen. Mayor Mehaffey noted that he agrees that there are problems with this design. Mayor Mehaffey commented that it is hard to design a house on a small lot. Mayor Mehaffey stated that he disagrees with his colleagues to deny the entire project and send it back to the Planning Commission. Mayor Mehaffey commented that the drainage issues concern him and suggested that the Applicant obtain a geologist report. City Council Minutes 14 June 20, 2001 STREIT/WALTONSMITH MOVED TO DENY THE APPEAL AND DENY THE ENTIRE PROJECT. MOTION PASSED 3-0-2 WITH BAKER AND BOGOSIAN ABSENT. APPEAL OF PLANNING COMMISSION APPROVAL OF UP-00-013 (386- 44-040) - COX AVENUE AND CUMBERLAND DRIVE - APPLICANT: NEXTEL APPELLANT: MAROLDA STAFF RECOMMENDATION: Deny the appeal and uphold the Planning Commission's decision. Tom Sullivan, Community Development Director, presented staffreport. Director Sullivan explained that on April 25, 2001, the Planning Commission voted 4-0 to approve the proposed wireless telecommunications facility. This approval was subject to the nine staff-recommended conditions and with the standard requirements of offering independent party testing of radio frequency emissions to adjacent residents, the annual testing of emissions and screening of the site as much as practical from neighboring properties. Director Sullivan explained that staff has prepared an Environmental Initial Study consistent with the California Environmental Quality Act (CEQA) and determined that the project would not have a significant effect on the environment. Therefore, staff issued the Negative Declaration on December 19, 2000 and adopted by the Planning Commission on April 25, 2001. Mayor Mehaffey opened the public heating at 9:40 p.m. Frank Marolda, 19884 Veronica Drive, noted that the neighbors are strongly against this project. Mr. Marolda read a letter representing 450 residents who are members of the Greenbrier Homeowner and Taxpayer Association. Mr. Marolda noted that he uses his backyard to entertain guests and would not want them subjected to the noise that the required air conditioning units would make. Mr. Marolda noted that he consulted a real estate agent who indicated that his property would depreciate $100,000.00 if this project were approved. Mr. Marolda noted that Nextel claims the additional antennas would improve telephone services, but they never took in account the residents concerns. Mr. Marolda reported that he has contacted Congressman Honda to discuss the "heath" issues related to these types of antennas. Mr. Marolda suggested that Nextel erect these towers away from neighborhoods. Vice Mayor Streit noted that there are only a few locations in the City of Saratoga to erect these types of towers. Vice Mayor Streit noted that the City has worked very hard in keeping monopoles out of the neighborhoods in Saratoga, eventually the Federal government will overrule and the City will loose control. city Council Minutes 15 June 20, 2001 Ashraf Rageh, Project Manager/Nextel, explained that he has tried to work with the neighbors. Mr. Rageh noted that Nextel is using this tower because it exists. Mr. Rageh noted that in regards to the neighbor's concern with the noise, he has found a company who manufactures air conditioning units that are quieter, even though they are extremely expensive, Nextel is willing to purchase the anit. Mr. Rageh explained that Nextel has authorized him to offer the neighborhood trees to buffer out the noise along Cox Avenue and around the shelter. In regards to Mr. Marolda's comments about the depreciation of his property, Mr. Rageh noted that he also called a local appraiser and was told that the antennas would not reduce the property value. Mr. Rageh noted that Nextel customers are demanding that these additional antennas be installed. Mr. Rageh indicated that he has designed a landscape plan to surround the shelter and will maintain it for one year. Nextel is also willing to send a consultant out to test the EMF levels at each house, and come back after the site is built and show the neighbors that they are in accordance with FCC guidelines. Mr. Rageh noted that he has offered ten 15-gallon trees to Mr. Marolda and adjacent neighbors. Vice Mayor Streit asked if he looked at other sites in the City. Mr. Rageh responded that he did look at another tower, but unfortunately Sprint had antennas on it already, and the placement of additional antennas need to be within a specific distance from each other. Don Johnson, 19997 Sea Gull Way, noted that he has been a resident of Saratoga for 27 years and a member of the Greenbrier Homeowners and Tax Association. Mr. Johnson noted that he supports the letter sent by the Homeowners Association. Mr. Johnson commented that Nextel has no interest in preserving the natural beauty of Saratoga. Mr. Johnson requested that the City Council deny the project. Joie Houl, 12660 Kane Drive, noted that he does not support this project. Cynthia BatTy, Chair/Planning Commission, noted that the Planning Commission had no jurisdiction over health and safety issues. Chair Barry noted that trees and screening have been addressed at the request of the Planning Commission. Councilmember Waltonsmith asked if the Planning Commission discussed altemate sites. Chair Barry responded no other sites were discussed. Mike Garkani, Planning Commission, questioned if the air conditioning unit were placed closer to the ground to suppress the noise and that a shelter be built around it. Mr. Rageh responded that this was not a viable solution because the air conditioning unit needs to breath. Mayor Mehaffey closed the public heating at 10:34 p.m. city Council Minutes 16 June 20, 2001 Mayor Mehaffey stated that the Federal Government prohibits them from any decisions based on health issues. Mayor Mehaffey noted that this site was the best place to put the antennas and he would have to deny the appeal. Councilmember Waltonsmith noted that she does not support this project but cannot vote against it because federal law prohibits her from doing so. In order to mitigate the sound of the building, Vice Mayor Streit stated that he would like the shelter redesigned so the placement is under the tower and the maximum amount of landscaping on the streets is around the project that Mr. Rageh has agreed to. Vice Mayor Strait asked Director Sullivan if he had any other suggestions to contribute to a definite landscape plan. Director Sullivan added that a combination of 8 ½ slump stone and a 2 inch wood gate be built around Nextel's equipment. WALTONSMITH/STREIT MOVED TO DENY THE APPEAL AND UPHOLD THE PLANNING COMMISSION DECISION. MOTION PASSED 3-0-2 WITH BAKER AND BOGOSIAN ABSENT. Mayor Mehaffey requested the Council move to Item #12. Consensus of the City Council to move to Item #12. NEW BUSINESS 12. CITY OF SARATOGA SPRING 2001 CLEANUP STAFF RECOMMENDATION: Accept report and adopt resolution TITLE OF RESOLUTION: 01-043 A RESOLUTION OF THE CITY COUNCIL MAKING APPROPRIATION ADJUSTMENTS TO THE FISCAL YEAR 2000/01 BUDGET Cary Bloomquist, Administrative Analyst, presented staff report. Analyst Bloomquist explained that last year, for the first time in over ten years, the City of Saratoga hosted a Spring 2000 Cleanup Day for Saratoga residents. The event was successful, with the City collecting 271 tons of refuse. Following the event, Council directed staff to include a bulky item pickup for Spring 2001 cleanup event. This year's Spring 2001 cleanup event was a resounding success, with high levels of participation and over 565 tons of refuge being collected. Analyst Bloomquist noted that the cleanup ran smoothly with City staff receiving no complaint calls and several calls praising our efforts. Green Valley Disposal Company, the City's contracted waste hauler, provided exceptional service during the cleanup event, responding quickly and efficiently to customer needs and picking up all waste left out by our residents. City Council Minutes 17 June 20, 2001 Analyst Bloomquist noted that the unexpectedly high level of participation in the bulky item pickup accounts for the increased tonnage and significantly higher than budgeted costs. Due to the volume of material received by Green Valley Disposal Company, a quantity discount was given to the City, with the final cost for the Spring 2001 cleanup being $75,838.00, which is $40,838.00 over budget. Analyst Bloomquist requested that the City Council approve a resolution appropriating adjustments to the fiscal year 2000-01 budget in connection with the Spring 2001 Cleanup event. Phil Couchee, General Manager/Green Valley Disposal Company, reiterated the fact that the cost was more this year because of the increased participation and amount of material collected. Mr. Couchee noted that this year they had over 900 requests for bulky item pick-ups. Unfortunately, Mr. Chouchee reported, some residents put items out that technically were not allowed to be picked up, but Green Valley picked the items up anyway. Mr. Couchee noted that next year Green Valley would be more specific in the descriptions of what can and cannot be picked up. Vice Mayor Streit noted that although it costs the City more money to offer bulky item pick-ups, the residents appreciate the program. Mayor Mehaffey concurred with Vice Mayor Streit. STREIT/WALTONSMITH MOVED TO ADOPT RESOLUTION MAKING APPROPRIATION ADJUSTMENTS OF $40,838.00 TO THE FY 00-01 BUDGET IN CONNECTION WITH THE SPRING 2001 CLEAN-UP EVENT. MOTION PASSED 3-0-2 WITH BAKER AND BOGOSIAN ABSENT. Mayor Mehaffey declared a recess at 10:55 p.m. Mayor Mehaffey reconvened the meeting at 11:05 p.m. NEW BUSINESS 13. LETTER OF ENDORSEMENT - COUNCILMEMBER ERIN GARNER, CITY OF MONTE SERENO STAFF RECOMMENDATION: Accept report and direct staff accordingly. Mr. Erin Garner stated that he was present tonight to ask that the Saratoga City Council endorse his appointment to the Regional Water Quality Control Board. Mr. Garner noted that the RWQCB did not have a current representative from the South Bay. Mr. Gamer noted that he already has the endorsement from the City of Monte Sereno and the San Jose Water Company. City Council Minutes 18 June 20, 2001 Consensus of the City Council to endorse Mr. Garner for the appointment to the RWQCB. USE OF CITY FACILITIES FOR SARATOGA COMMUNITY LIBRARY PROGRAMS STAFF RECOMMENDATION: Accept report and direct staff accordingly Joan Pisani, Director of Recreation, presented staff report. Director Pisani reported that the expansion and renovation of the Saratoga community Library is expected to take approximately eighteen months. During that time some current library programs and group uses of the community room will be displaced. There have been a few requests by various groups to utilize space at the Community Center and Warner Hutton House during this time. The Friends of the Library, Director Pisani explained, raises money and uses it to purchase equipment and supplies for the library. The group requested a fee waiver for use of the Community Center for a twice-yearly book sale. The City Council agreed to the waiver and directed staff to negotiate a fee to cover actual direct costs during their hours of usage. The Friends have requested 21 hours of usage. The regular fee for a non-profit group sponsoring a fundraiser utilizing the Community Center this period of time would be $2,020.00. Director Pisani explained that staffproposes a fee of $525.00 for 21 hours of usage instead of the regular fee of $2,020.00. An alternative to this hourly rate would be to charge the Friends a flat rate below the City's direct cost. This would enable the Friends to maximize their fundraising efforts to purchase equipment for the new Community Library. Director Pisani explained that the City Council asked staffto come up with a blanket fee-waiver policy for library-sponsored programs affected by the library closure. City Council could authorize a blanket fee-waiver covering such user groups so that library staff would not have to apply for a waiver in each case during the eighteen months the library is closed. Mary Jeanne Fenn, 20102 Chateau Drive, requested that the City waive all fees in connection with the use of the Community Center for the Friends of the Library book sales. Tom Blaisdell, 19778 Junipero Way, reminded the City Council that the Friends book sale was a community event and requested that all fees be waived. Mr. Blaisdell noted that most of the money the Friends raises goes back into the library. Consensus of the City Council to grant a fee waiver to the Friends of the Library and for the children's story time program. city Council Minutes 19 June 20, 2001 9. FEE WAIVER - REQUEST FROM SASCC STAFF RECOMMENDATION: Accept report and direct staff accordingly. Sean O'Leary, Executive Director/S.A.S.C.C., noted that he was present tonight on behalf of S.A.S.C.C. Director O'Leary requested that the City Council grant a fee waiver of $200.00 for a temporary use permit for their 2nd Annual Cormnunity Auction Fundraiser on Saturday, August 25, 2001. Consensus of the City Council to a grant fee waiver to S.A.S.C.C in the amount of $200.00. A discussion took place in regards to placing an item on a future Council agenda to grant the City Manager authorization to grant fee waivers up to a certain dollar amount. 11. FIRE SERVICES OVERSIGHT COMMITTEE STAFF RECOMMENDATION: Make appointment. Dave Anderson, City Manager, presented staff report. City Manager Anderson reported that at a public hearing held on June 2, 2001 the Saratoga Fire Commission approved the Boundary Drop Option. The Boundary Drop Option contains a provision for the formation of a Fire Services Oversight Committee. The Committee shall be composed of one representative each of the following parties: Saratoga Fire District, County Fire, Saratoga Public Safety Commission, City Council member, and the City Manager. City Manager Anderson suggested that the City Council appoint a member of the Council to this committee. Ed Farrell, 20877 Kittridge Road, reported that at the Fire Commission's June 12, 2001 public input meeting on the RFP process, the Commissioners neglected to ask for a final offer from County of Santa Clara. Mr. Farrell noted that he interprets this negligence as that the Commission is not inclined to accept any offer from the County now or in the future. Mr. Farrell noted that he feels that the seven Fire Commissioners serve only themselves and not the residents of Saratoga. Consensus of the City Council to appoint Vice Mayor Streit to the Fire Services Oversight Committee. City Council Minutes 20 June 20, 2001 AUTHORIZATION TO CITY MANAGER TO EXECUTE AMENDMENT TO THE AGREEMENT WITH SANTA CLARA COUNTY FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM STAFF RECOMMENDATION: Authorize execution of agreement. Cary Bloomquist, Administrative Analyst, presented staff report. Analyst Bloomquist reported that on May 9, 2000, Council approved the Agency Agreements for the Countywide AB939 Implementation Fee and The Household Hazardous Waste Collection Program. At this time, the County of Santa Clara Department of Environmental Health is requesting local jurisdictions approve changes to the Household Hazardous Waste Collection program. Analyst Bloomquist briefly explained the proposed changes and noted that there were no fiscal impacts. STREIT/WALTONSMITH MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE AMENDMENT TO THE AGREEMENT WITH SANTA CLARA COUNTY. MOTION PASSED 3-0-2 WITH BAKER AND BOGOSIAN ABSENT. 10. SB 910 (DUNN) HOUSING ELEMENT STAFF RECOMMENDATION: Accept report and direct staff accordingly. Tom Sullivan, Director of Community Development, presented staff report. Director Sullivan reported that SB910 (Durm) Housing Element has cleared the Senate with 21 ayes, 11 noes, and 8 not voting. Senator Brulte led the testimony against the bill. At the final heating at the Senate, Senator Dunn commented about changing the bill so that Vehicle in Lieu Fees (VLF) would be taken instead of Gas Tax. The bill currently provides that ifa court finds or determines that a city or county Housing Element is not in substantial compliance that the could levy penalties against the city or county and direct that the pay the plaintiff's attorney fees. The penalties would accrue to the Housing Supply Account to be used for the Housing Rehabilitation Loan Fund. The bill sets up a "three strike" type process in determining that a city or county Housing Element is in substantial compliance. Director Sullivan noted that SB910 would penalize cities and counties based on an unfair arbitrary process. STREIT/WALTONSMITH MOVED TO AUTHORIZE A LETTER TO BE PREPARED FOR THE MAYOR'S SIGNATURE OPPOSING SB910 (DUNN) IN ITS CURRENT VERSION. MOTION PASSED 3-0-2 WITH BAKER AND BOGOSIAN ABSENT. City Council Minutes 21 June 20, 2001 14. DAIS CHAIRS IN SARATOGA CIVIC THEATER STAFF RECOMMENDATION: Accept report and direct staff accordingly. City Clerk Boyer reported that recently there has been dissatisfaction expressed by Saratoga City Councilmembers in the quality and comfort of the current dais chairs. City Clerk Boyer explained that in 1999 the Community Development Department took on the task to upgrade the City Council/Planning Commission dais, dais chairs, stage set, and sound system. The total invoice for the complete project was $15,386.00 ($3,254.00 for 12 dais chairs) was split between the City Council's budget and Zoning Administration budget. City Clerk Boyer stated, if directed by the City Council, staff could provide options for the purchase of higher quality chairs, which would be ergonomically correct and fully adjustable. Consensus of the City Council to direct staff to begin the process to purchase new dais chairs. 15. SCHEDULING OF UPCOMING CITY COUNCIL MEETINGS STAFF RECOMMENDATION: Set dates. City Clerk Boyer noted several meetings have been added to the 2001 City Council Calendar but the dates have yet to be determined. City Clerk Boyer requested that the Council set the dates for the proposed added meetings. Consensus of the City Council to schedule the following meetings: Study Session City Council/Plarming Commission August 11 or 12, 2001 (To be determined) Study Session Capital Improvement Program June 26, 2001 Study Session Civic Center Master Plan Ground Breaking Ceremony Saratoga Community Library September 11, 2001 September 8, 2001 Study Session Housing Element July 18, 2001 city Council Minutes 22 June 20, 2001 AGENCY ASSIGNMENT REPORTS No reportable information. CITY COUNCIL ITEMS Councilmember Waltonsmith requested that the Public Works Director evaluate the chained off road discussed earlier this evening during the Kittridge Road hearing. Vice Mayor Streit noted he supported Councilmember Waltonsmith's request. Councilmember Waltonsmith announced that the Santa Clara County Board of Supervisors recently approved the Pest Reduction Ordinance submitted to the County by Cindy Russell. Vice Mayor Streit noted that Congress Springs Park would close for construction on Monday, June 25, 2001. OTHER None CITY MANAGER'S REPORT None ADJOURNMENT Mayor M6_h.~f~y/a'djoumed the meeting at 12:30 a.m. ~y~r~ City-Glbrk .~, , City Council Minutes 23 June 20, 2001