HomeMy WebLinkAbout11-19-2008 City Council MinutesMINUTES
SARATOGA CITY COUNCIL
NOVEMBER 19, 2008
Mayor Waltonsmith called the Regular City Council meeting to order at 7:00 p.m. and
led the Pledge of Allegiance.
ROLL CALL
PRESENT: Councilmembers Jill Hunter, Kathleen King, Vice Mayor Chuck
Page, Mayor Ann Waltonsmith
ABSENT: Councilmember Aileen Kao
ALSO Dave Anderson, City Manager
PRESENT: Richard Taylor, City Attorney
Ann Sullivan, City Clerk
Barbara Powell, Assistant City Manager
Mary Furey, Administrative Services Director
John Cherbone, Public Works Director
John Livingstone, Community Development Director
Heather Bradley, Contract Planner
REPORT OF CITY CLERK ON POSTING OF AGENDA
Ann Sullivan, City Clerk, reported that pursuant to Government Code Section 54954.2,
the agenda for the meeting of November 19, 2008, was properly posted on November 13,
2008.
ORAL COMMUNICATIONS
The following people requested to speak at tonight's meeting
Willys Peck asked if he could address the council on Agenda Item 13 -Heritage Orchard
Preservation -because he was unable to stay until that item came up for discussion later
in the meeting. Council concurred that he could. Mr. Peck stated he was concerned that
subsequent councils could replace the Heritage Orchard with athletic fields and suggested
that the Orchard be held in an irrevocable trust that would ensure its perpetuity.
Kathleen Casey Coakley thanked the Saratoga News for the recent article on the
proposed removal of the oak tree in the Heritage Orchard. Ms. Coakley noted some
residents have started an organization called "Friends of Saratoga" promoting the non-
removal of oak trees in the Orchard. In addition, she commented about Citizen Ray using
more than 3 minutes to speak at Council meetings; the Fence Ordinance; and the number
of staff absent on Veterans Day Holiday.
Vibha Gaitonde addressed the Council regarding her emergency generator permit and the
required 15 day waiting period to install the generator. She noted she would like the
length of the waiting period waived because she would be traveling and would not be at
her home at the conclusion of the waiting period.
Citizen Ray commended Mayor Waltonsmith for her years of service to the city council;
spoke about dead pines in Saratoga; and expressed his appreciation for the safety
improvements that have been done on Highway 9.
COUNCIL DIRECTION TO STAFF
Councilmember King asked City Attorney Richard Taylor about the City's Code
regarding the 15 day waiting period to install an emergency generator.
City Attorney Richard Taylor noted the City Code says there is a 15 day waiting period to
allow for an appeal process.
COMMUNICATIONS FROM BOARDS AND COMMISSIONS
Prior to the Regular Meeting representatives from the Mountain Winery met in a Joint
Meeting with the City Council. Bill Hirschman and Dave House, two of four owners of
the Mountain Winery were present to address the Council. Mr. Hirschman noted
renovation of the Mountain Winery began in September and that the first phase of the
renovation is almost complete. He thanked the neighbors residing in the immediate area
for their patience during this phase of the renovation and construction traffic and stated
the renovation should be completed in March of 2009. In addition, he noted the concert
season for this year opened on July 13th, the wine tasting is open, and their first wine
production in 60 years -produced from grapes harvested from their vineyards - is now
available for purchase.
ANNOUNCEMENTS
Councilmember Hunter announced the Village Open House on Friday, November 28tH
from 5:30 p.m. to 8:00 p.m.
Mayor Waltonsmith stated the Silicon Valley Leadership Group was holding a fund raiser
for three non-profit organizations on Thursday, November 27th. The event is called "The
Turkey Trot".
Vice Mayor Page announced he will be presenting a "Family Week" commendation to
the Saratoga Ministerial Association on Thanksgiving Day. The presentation will take
place during the 10:00 a.m. service at the Federated Church in Saratoga. [On November
25, 2008 I received confirmation from Vice Mayor Page that Councilmember Jill Hunter
will present the commendation.] Ann Sullivan, City Clerk.
CEREMONIAL ITEMS
1. COMMENDATION HONORING THE LEAGUE OF WOMEN VOTERS -
SOUTHWEST SANTA CLARA COUNTY
STAFF RECOMMENDATION:
Present commendation.
Mayor Waltonsmith read the commendation and presented it to Ann Roberts, Marge
Bunyard, Gladys and Fred Armstrong, and Terry and Judy Zaccone, representatives
from the League of Women Voters.
2
2. PROCLAMATION DECLARING THE WEEK OF NOVEMBER 23-29, 2008
AS "NATIONAL FAMILY WEEK"
STAFF RECOMMENDATION:
Present proclamation.
Vice Mayor Page will be presenting the proclamation to the Saratoga Ministerial
Association during the 10:00 a.m. Thanksgiving service at the Federated Church. [On
November 25, 2008 I received confirmation from Vice Mayor Page that Councilmember
Jill Hunter will present the commendation. ] Ann Sullivan, City Clerk.
SPECIAL PRESENTATIONS
None
CONSENT CALENDAR
3. CITY COUNCIL MINUTES -NOVEMBER 5, 2008
STAFF RECOMMENDATION:
Approve minutes.
HUNTER/PAGE MOVED TO APPROVE CITY COUNCIL MINUTES -
NOVEMBER 5, 2008. MOTION PASSED 4-0-1 WITH COUNCILMEMBER
KAO ABSENT.
4. TREASURER'S REPORT FOR THE MONTH ENDED JULY 31, 2008
STAFF RECOMMENDATION:
The City Council review and accept the Treasurer's Report for the month ended July
31, 2008.
Vice Mayor Page removed this item for clarification. Vice Mayor Page noted the
Economic Uncertainty Fund is actually 1.3 million dollars and not 1.5 million dollars
due to the $200K funding for the Comer Debris Wall and that the next Treasurer's
Report will reflect this correction.
PAGE/HUNTER MOVED TO ACCEPT THE TREASURER'S REPORT FOR
THE MONTH ENDED JULY 31, 2008. MOTION PASSED 4-0-1 WITH
COUNCILMEMBER KAO ABSENT.
5. REVIEW OF ACCOUNTS PAYABLE REGISTERS
STAFF RECOMMENDATION:
That the City Council accepts the Check Registers for Accounts Payable cycles:
October 30, 2008
November 6, 2008
HUNTER/PAGE MOVED TO ACCEPT THE CHECK REGISTERS FOR
ACCOUNTS PAYABLE CYCLES: OCTOBER 30, 2008 AND NOVEMBER 6
2008. MOTION PASSED 4-0-1 WITH COUNCILMEMBER KAO ABSENT.
3
6. COMPREHENSIVE COUNTY EXPRESSWAY 2008 PLAN UPDATE
STAFF RECOMMENDATION:
Support the Comprehensive County Expressway Planning Study Draft 2008 Update.
Councilmember Hunter removed this item for discussion. Councilmember Hunter
asked Public Works Director John Cherbone to clarify the Expressway Plan regarding
the signal lights.
Director Cherbone stated the Expressway Plan applies to all the expressways in Santa
Clara County. He stated there will be signal light timing improvements along the
Lawrence Expressway corridor and since Lawrence Expressway ends in Saratoga this
would benefit Saratoga by moving the traffic along more efficiently. He also noted
there would be some minor improvements to the intersection of Lawrence
Expressway and Prospect Avenue by adding a turning lane, thereby increasing the
functionality of this intersection. Director Cherbone stated this is a long-term plan
and that improvements will happen in phases.
HUNTER/PAGE MOVED TO SUPPORT THE COMPREHENSIVE COUNTY
EXPRESSWAY PLANNING STUDY DRAFT 2008 UPDATE. MOTION
PASSED 4-0-1 WITH COUNCILMEMBER KAO ABSENT.
7. LANDSCAPE MAINTENANCE AGREEMENT -18610 MARSHALL LANE
STAFF RECOMMENDATION:
Approve a Landscape Maintenance Agreement for public right-of--way landscaping at
18610 Marshall Lane and authorize the City Manager to execute the same.
HUNTER/PAGE MOVED TO APPROVE A LANDSCAPE MAINTENANCE
AGREEMENT FOR PUBLIC RIGHT-OF-WAY LANDSCAPING AT 18610
MARSHALL LANE AND AUTHORIZE THE CITY MANAGER TO
EXECUTE THE SAME. MOTION PASSED 4-0-1 WITH COUNCILMEMBER
KAO ABSENT.
8. CITYWIDE STRIPING AND SIGNAGE -APPROPRIATION OF FUNDS
STAFF RECOMMENDATION:
Approve Budget Resolution appropriating funds for Citywide Striping.
RESOLUTION NO. 08-071
HUNTER/PAGE MOVED TO APPROVE BUDGET RESOLUTION
APPROPRIATING FUNDS FOR CITYWIDE STRIPING. MOTION PASSED
4-0-1 WITH COUNCILMEMBER KAO ABSENT.
9. AMENDMENT TO PROFESSIONAL SERVICES CONTRACT WITH MPA
DESIGN
STAFF RECOMMENDATION:
Approve an Amendment to the existing professional services contract with MPA
Design for additional construction design work in the amount of $9,600 and authorize
the City Manager to execute the same.
4
HUNTER/PAGE MOVED TO APPROVE AN AMENDMENT TO THE
EXISTING PROFESSIONAL SERVICES CONTRACT WITH MPA DESIGN
FOR ADDITIONAL CONSTRUCTION DESIGN WORK IN THE AMOUNT
OF $9,600 AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE
SAME. MOTION PASSED 4-0-1 WITH COUNCILMEMBER KAO ABSENT.
10. AUTHORIZATION TO PURCHASE TWO FORD ESCAPE HYBRID
VEHICLES
STAFF RECOMMENDATION:
1. Authorize purchase of two (2) 2009 Ford Escape Hybrids from The Ford Store in
the amount of $61,921.12
2. Approve Budget Resolution appropriating additional funding for the purchase of
the hybrid vehicles.
3. Move to declare the following vehicles as surplus and authorize their disposal:
• 1996 Oldsmobile Ciera-Vehicle #92
•1996 Saturn -Vehicle # 87
RESOLUTION NO. 08-074
HUNTER/PAGE MOVED TO: 1) AUTHORIZE PURCHASE OF TWO (2) 2009
FORD ESCAPE HYBRIDS FROM THE FORD STORE IN THE AMOUNT OF
$61,921.12; 2) APPROVE BUDGET RESOLUTION APPROPRIATING
ADDITIONAL FUNDING FOR THE PURCHASE OF THE HYBRID
VEHICLES; 3) MOVE TO DECLARE THE FOLLOWING VEHICLES AS
SURPLUS AND AUTHORIZE THEIR DISPOSAL: 1996 OLDSMOBILE
CIERA -VEHICLE #92 AND 1996 SATURN -VEHICLE #87. MOTION
PASSED 4-0-1 WITH COUNCILMEMBER KAO ABSENT.
11. REQUEST TO CHANGE PARKS AND RECREATION COMMISSION
MEETING LOCATION
STAFF RECOMMENDATION:
Adopt resolution amending the meeting location of the Parks and Recreation
Commission.
RESOLUTION NO. 08-072
HUNTER/PAGE MOVED TO ADOPT RESOLUTION AMENDING THE
MEETING LOCATION OF THE PARKS AND RECREATION
COMMISSION. MOTION PASSED 4-0-1 WITH COUNCILMEMBER KAO
ABSENT.
PUBLIC HEARINGS
12. Appeal -APPLICATION #APCC08-0004 - 18605 LYONS COURT APN:389-25-
012; Appellant -Brennan: Appeal of a Planning Commission denial of Design
Review PDR07-008 requesting approval to add a second floor to the existing single
story residence. The proposal denied by the Planning Commission includes an
approximately 594 square foot second-story addition, and a 251 square foot first floor
addition to the existing 2,189 square foot residence. Total proposed floor area would
be approximately 3,034 square feet. The maximum height of the proposed building
will be approximately 22 feet. The lot site is approximately 8,150 square feet, located
in the R-1-10,000 zoning district. Design Review approval is required pursuant to
Saratoga City Code Sectionl5-45.060.
STAFF RECOMMENDATION:
Deny the appeal, thus affirming the Planning Commission Design Review Denial
issued on October 8, 2008.
City Attorney Richard Taylor noted the Applicant and Appellant are one and the
same.
Heather Bradley, Contract Planner, presented staff report.
Mayor Waltonsmith opened the public hearing.
Applicant Mr. Tom Brennan addressed the Council.
Mayor Waltonsmith invited public comment.
The following people spoke in support of upholding the denial:
Camille Luckadoo
Ned Mederosted
Amr Salahieh
Steve Allen
Mary Costanza
Forest Cob
Bernice Keeble
Deirdre Dunnion
Ali Salahieh
Jennifer A11en read a letter submitted by Ruchi and Sanjay Sadhu
The following people spoke in support of the appeal:
Judith Walls
Paul Summers
Howard Bennion
Neeraj Kochhar, MD
Mike Ryan
Mahmood Safa
Mayor Waltonsmith declared a 5 minute break at 9:00 p.m.
Mayor Waltonsmith reconvened the meeting at 9:05 p.m.
Mayor Waltonsmith asked Planning Commissioner Chair Manny Cappello to address
the Council regarding the design process and the various Planning Commission Study
Sessions for this application.
Applicant Sheila Brennan addressed the Council on rebuttal.
6
Mayor Waltonsmith closed the public comment.
Vice Mayor Page noted that he felt a second story home was not conducive to the
small lot; and he preferred the removal of the front yard tulip tree in order to expand
the one-story. In addition, he felt the applicants had done a lot to accommodate the
neighbors and would like to see the neighbors be more reasonable.
Councilmember King stated she didn't understand why two-story homes were
allowed in some neighborhoods and why not in this neighborhood. She also stated she
has always believed in single story overlays and that if no decision could be reached
tonight she would recommend the Community Development Director hold additional
study sessions to come up with a proposal that works for everyone.
Councilmember Hunter stated she supports the proposed design because of the
numerous changes previously made by the Brennan's for the neighbors.
Mayor Waltonsmith stated she was in support of the proposed design with the
exception that the applicant reconsider planting the two proposed oak trees in the
backyard with some other trees because of the small backyard.
RESOLUTION N0.08-073
KING/ HUNTER MOVED TO APPROVE THE PLANS SUBMITTED ON
NOVEMBER 10, 2008 SUBJECT TO THE FINDINGS AND CONDITIONS
THAT WERE BEFORE THE PLANNING COMMISSION AT THEIR
MEETING OF OCTOBER 8, 2008 WITH THE MODIFICATION THAT TWO
TREES PROPOSED TO BE PLANTED IN THE REAR YARD BE
CONDUCIVE TO GROWING NEAR SWIMMING POOLS AND BE
SUBJECT TO THE REVIEW AND APPROVAL OF THE COMMUNITY
DEVELOPMENT DIRECTOR. MOTION PASSED 4-0-1 WITH
COUNCILMEMBER KAO ABSENT.
OLD BUSINESS
13. HERITAGE ORCHARD PRESERVATION -CURRENT STATUS AND
ADDITIONAL OPTIONS
STAFF RECOMMENDATION:
Accept report and direct staff accordingly.
Richard Taylor presented staff report and answered questions presented by Council.
Mayor Waltonsmith invited public comment.
The following people addressed the Council on this item:
Jenny Taylor asked the Council to protect the Heritage Orchard.
Kathleen Casey Coakley stated she would like the Orchard preserved as it is by
establishing an Irrevocable Trust.
Mayor Waltonsmith closed the public comment.
Councilmember King favored a vote of the people of the community to determine the
future of the Heritage Orchard. In addition, she stated she would like this item placed
on the 2009 Council Retreat for discussion.
Councilmember Hunter favors having programs in the Orchard to entice people to
visit the Orchard. In addition, she would not support a vote by the people to
determine the future of the Heritage Orchard.
Vice Mayor Page agreed to having a vote of the people regarding the future of the
Orchard and also agreed with the suggestion to agendize it on the 2009 Council
Retreat.
Mayor Waltonsmith noted she would urge the Council to continue this discussion
with the new Council with regard to an easement or a ballot initiative and that she
supports the Orchard being saved in perpetuity; however, she is aware of the cost
involved.
Council's decision was to accept the staff report as is.
Discussion continued regarding the oak tree in the Heritage Orchard that was
designated to be gifted to West Valley College.
City Attorney Richard Taylor stated that this has already been voted on by the
Council and that this item would have to go back to the Heritage Preservation
Commission (HPC) and go through the formal process of having the tree removal
permit issued since the HPC had determined that the Orchard is a historic landmark.
He noted this process would also include the new Heritage Orchard sign specifying
that both of these items have already been voted on by the Council.
NEW BUSINESS
None
ADHOC & AGENCY ASSIGNMENT REPORTS
Manor Ann Waltonsmith -reported:
Santa Clara County Emergency Council -met and noted that there is a lot of activity
occurring in areas not specific to cities -such as looking for grants for the upcoming
year.
Comprehensive County Expressway Planning Study Advisory Board (PAB) -currently on
hold and doesn't feel a Councilmember needs to be assigned to this adhoc in the
upcoming year.
Mayor Waltonsmith stated she attended the Northern Central Flood Control Zone
Advisory Board meeting for Councilmember Kao on November 19th noting that the
different watersheds have different needs and that the members recommended the board
leave the meeting schedule as it is with four meetings per year or have two joint meetings
and two regular meetings per year. She stated there may be some redesign and
reassignments by the Board for 2009.
Vice Manor Chuck Page -reported:
8
Chamber of Commerce -attended the last meeting and stated they are looking for a
president elect.
West Valley Sanitation District -met and have recently celebrated their 60th anniversary.
Council Finance Committee -met on November 19th and there weren't any actions to
report.
Valley Transportation Authority PAC -the monthly meeting was cancelled.
After School Youth Program -that the Youth Commission would be conducting a survey
of the students that visit the Saratoga Library as well as meet with Redwood School to
define the type of after school program and the needs of the students, rather than focusing
on the venue.
Councilmember Kathleen King -reported:
Santa Clara County Cities Association -was thrilled with Assistant City Manager
Barbara Powell's staff report on the disposable carryout bag use and all the other cities
have asked for a copy of the City of Saratoga's resolution on the issue. She noted the
State doesn't allow you to directly place a fee on plastic bags; however, if people
request a plastic bag, a business could charge for it. She also hoped that the members
could attend the holiday event in Gilroy.
Councilmember Jill Hunter -reported:
Historic Foundation -she attended the last meeting and at that meeting Ernie Kraule had
been appointed to oversee the landscaping at the Historic Museum; however, the ramp at
the Museum would have to be corrected before they proceed with the garden area design.
KSAR -she attended the last meeting and there continue to be monetary issues at KSAR.
She also noted KSAR will be filming the Village Open House.
West Valley Solid Waste Joint Powers Association -she attended the monthly meeting;
the participating cities would be imposing a monthly road use fee on waste management
(garbage and recycling) trucks. She noted the use fee would be $1.00; not the 26 cents
that she had reported at the last meeting.
Councilmember Aileen Kao -was absent
CITY COUNCIL ITEMS
Councilmember King suggested agendizing the tree replacement at the Book-go-round.
(City Manager Dave Anderson stated he would have City Arborist Kate Bear provide an
update in the weekly Council Newsletter).
In addition, Councilmember King inquired about agendizing Council Retreat items.
(City Manager Dave Anderson recommended that Council provide Council Retreat items
to the City Clerk as soon as possible).
Councilmember King also stated she would like to agendize discussion on how to reduce
agenda items. (There was no second by another council member)
Councilmember King also voiced her concern regarding the last CH-2 Adhoc Committee
meeting and that it hasn't been agendized on a council agenda for discussion.
Mayor Waltonsmith noted this item was scheduled for discussion at the January Council
Retreat.
9
Vice Mayor Page asked to agendize the perpetuity of the Heritage Orchard -such as a
reaffirmation of the resolution that was adopted in 2000. Councilmember Hunter
seconded the motion.
Mayor Waltonsmith stated she attended the 35th anniversary event at the Santa Clara
County Sheriff's Office and noted that Sheriff Laurie Smith expressed her desire to meet
the newly elected council members when they are seated.
CITY MANAGER'S REPORT
City Manager Dave Anderson thanked Mayor Waltonsmith for her long service on the
City Council. He also noted he attended the annual Gonsalves City Manager meeting in
Sacramento and that the Assistant Chair of the Senate Budget Committee spoke to the
group and indicated that the committee felt that they were a "lame duck legislature" in
the special session, that there was not sufficient time to develop broad structural changes
for the state budget, and that they were viewing it as an educational process for
themselves, the public and the governor and that more structural reform will occur in the
2009 session.
ADJOURNMENT
There being no further business Mayor Waltonsmith asked fora motion to adjourn the
meeting.
PAGE/KING MOVED TO ADJOURN THE REGULAR MEETING AT ll:15P.M.
MOTION PASSED 4-0-1 WITH COUNCILMEMBER KAO ABSENT.
Resp 1 submitted,
ullivan, CMC
City Clerk
10