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HomeMy WebLinkAbout12-15-2004 City Council MinutesMINUTES SARATOGA CITY COUNCIL DECEMBER 15, 2004 The City Council met in Closed Session in the Administrative Conference Room, 13777 Fruitvale Avenue, at 6:00 p.m. Conference With Labor Neeotiators (Gov't Code 54957.6): Agency designated representatives: Lorie Tinfow, Assistant City Manager & Tom Sullivan, Community Development Director Employee organization: Non SEA Members Conference With Leea] Counsel - Existine Litieation: (Government Code section 54956.9(a)) Doug Adam Jonathan, Debtor U.S. Bankruptcy Court, N. Dist. CA, Bankruptcy No. 03-57342-JRG MAYOR'S REPORT ON CLOSED SESSION - 7:00 a.m. Mayor King reported there was Council discussion but no action was taken. Mayor King called the Regulaz City Council meeting to order at 7:00 p.m. and lead the Pledge of Allegiance. ROLL CALL • PRESENT: Councilmembers Aileen Kao, Nick Streit, Ann Waltonsmith, Vice Mayor Norman Kline, Mayor Kathleen King ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Richazd Taylor, City Attorney Cathleen Boyer, City Clerk Michele Braucht, Administrative Services Director Tom Sullivan, Community Development Director John Livingstone, Associate Planner Christie Oosterhous, Associate Planner John Cherbone, Public Works Director REPORT OF CITY CLERK ON POSTING OF AGENDA FOR DECEMBER 15 2004 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of December 15, 2004 was properly posted on December 10, 2004. ORAL COMMUNICATIONS The following people requested to speak at tonight's meeting: Citizen Ray updated the Council on the safety improvements along Highway 9. Citizen Ray also noted that he feels that the section of Saratoga-Los Gatos Road @ Aloha is very dangerous. Jim Christiansen noted that he lived in the Hillside Residential Zoning District of the City. Mr. Christiansen pointed out that his next door neighbor, Mr. Rossi, has built without a building permit, a 2/3 completed construction of an outside walled kitchen structure which has three walls viewable from his property and is located within the 20 foot side yard setback. Mr. Christianson stated that this is approximately 6 feet from his property line. Mr. Christianson noted that on September 12, 2004, the City put a stop work order on this construction. After plans were drawn and submitted by the Rossi's, the Sazatoga Planning staff rejected approval of the project because of a number of municipal code violations. Subsequently, Mr. Christianson stated that Director Sullivan approved the accessory structure with the same building regulations as an unenclosed garden, ornamental and decorative structures. Mr. Christenson stated that the fonn and function of this outside walled structure in no way resembles the permitted use approved by Director Sullivan. Mr. Christenson requested that the City Council take immediate steps to investigate the irregularities of this situation. Mr. Christenson stated that the structure has tremendous negative impact on his property such as privacy, noise, view, marketability and property value. COMMUNICATIONS FROM COMMISSIONS None COUNCIL DIRECTION TO STAFF None ANNOUNCEMENTS None CEREMONIAL ITEMS lA. COMMENDATION HONORING JOAN PISANI STAFF RECOMMENDATION: Present commendation. Mayor King read the commendation and presented it to Director Pisani. SPECIAL PRESENTATIONS None CONSENT CALENDAR 2A APPROVAL OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. 2 WALTONSMITH/STREIT MOVED TO APPROVE CHECK REGISTER. MOTION PASSED 5-0. 2B. RESOLUTION CONFIRMING COUNCIL AGENCY AND ADHOC APPOINTMENTS STAFF RECOMMENDATION: Adopt resolution. RESOLUTION: 04-097 WALTONSMITH/STREIT MOVED TO ADOPT RESOLUTION CONFIRMING COUNCIL AGENCY AND ADHOC ASSIGNMENTS. MOTION PASSED 5-0. 2C. AMENDMENT TO THE CONFLICT OF INTEREST CODE STAFF RECOMMENDATION: Adopt resolution. RESOLUTION: 04-103 WALTONSMITH/STREIT MOVED TO ADOPT RESOLUTION AMENDING THE CONFLICT OF INTEREST CODE. MOTION PASSED 5-0. 2D. 2005 HAZARDOUS VEGETATION PROGRAM COMMENCEMENT RESOLUTION STAFF RECOMMENDATION: Adopt resolution. RESOLUTION: 04-099 Mayor King requested that item 2D be removed from the Consent Calendaz. Mayor King mentioned that Saratoga, unlike other cities, the residents receive two abatement notices instead of a single notice used in other cities. WALTONSMITH/STREIT MOVED TO ADOPT RESOLUTION DECLARING HAZARDOUS VEGETATION GROWING ON CERTAIN DESCRIBED PROPERTY TO BE A PUBLIC NUISANCE AND SETTING A PUBLIC HEARING. MOTION PASSED 5-0. 2E. COMMISSION ATTENDANCE RECORDS STAFF RECOMMENDATION: • Informational only. Mayor King requested that item 2D be removed from the Consent Calendaz. ~... Mayor King noted that one particular Commissioner missed 8 out of 21 meetings due to work related travel. Mayor King pointed out that this Commissioner stated that work would be slowing down and regular attendance at the meetings would not be problem. WALTONSMITH/KAO MOVED TO ACCEPT COMMISSION ATTENDANCE RECORDS. MOTION PASSED 5-0. 2F. CORRECTION TO SARATOGA EMPLOYEE ASSOCIATION MEMORANDUM OF UNDERSTANDING STAFF RECOMMENDATION: Adopt resolution. RESOLUTION: 04-104 WALTONSMITH/STREIT MOVED TO ADOPT RESOLUTION MAKING CORRECTIONS TO THE MOU FOR SEA. MOTION PASSED 5-0. 2G. CONGRESS SPRINGS PARK VERTICAL BYPASS DRAINAGE PROJECT INCREASE CHANGE ORDER AUTHORITY FOR ADDITIONAL WORK STAFF RECOMMENDATION: Increase change order and adopt budget resolution. RESOLUTION: 04-101 Councilmember Waltonsmith requested that item 2G be removed from the Consent Calendar. Councilmember Waltonsmith stated that the funding for this project was donated by AYSO. WALTONSMITH/KAO MOVED TO ADOPT RESOLUTION TO AMEND THE BUDGET FOR FY2004/2005 TO APPROPRIATE FUNDS TO PAY FOR ADDITIONAL DRAINAGE WORK AT CONGRESS SPRINGS PARK. MOTION PASSED 5-0. 2H. FIRST AMENDMENT TO THE SANTA CLARA VALLEY URBAN RUNOFF POLLUTION PREVENTION PROGRAM AGREEMENT STAFF RECOMMENDATION: Authorize City Manager to execute the amendment to the agreement. WALTONSMITH/STREIT MOVED TO AUTHORIZE CITY MANAGER TO EXECUTE THE AMENDMENT TO THE AGREEMENT. MOTION PASSED 5-0. 2I STREETS AND ROADS FY 2004-2005 BUDGET AMENDMENT STAFF RECOMMENDATION: Adopt resolution. RESOLUTION: 04-098 WALTONSMITH/STREIT MOVED TO ADOPT RESOLUTION AMENDING THE BUDGET FOR FY 2004105 TO PROVIDE $550.000 FROM THE FUND BALANCE OF FUND 150 HIGHWAYS USERS GAS TAX FUND. TO FUND STREETS & ROADS CONTRACTS. MOTION PASSED 5-0. 2J. 2004 GENERAL MUNICIPAL ELECTION - FY 04-OS BUDGET AMENDMENT STAFF RECOMMENDATION: Adopt resolution. RESOLUTION: 04-102 Councilmember Streit requested that item 2J be removed from the Consent Calendaz. Councilmember Streit noted that he understands why the cost is so high but disagrees using Council Contingency to pay for the election. . City Manager Anderson pointed out that a memo was presented to Council, which provided three funding options. City Manager Anderson explained that the Council could direct staff to use funds from budget savings in FY04-OS related to the contract with Hakone Gardens, savings from the unfilled staffposition of Economic Development Coordinator, or the use of the net gain after the consolidation of the traffic revenue fund into the general fund. KLINE/STREIT MOVED TO ADOPT RESOLUTION OF THE CITY AUTHORIZING AN AMENDMENT TO THE 2004-2005 BUDGET FOR AN APPROPRIATION OF FUNDS TO BE ALLOCATED TO PAY THE COUNTY OF SANTA CLARA FOR THE 2004 ELECTION FROM THE HAKONE GARDENS BUDGET SAVINGS. MOTION PASSED 5-0. PUBLIC HEARING 3. APPEAL OF A PLANNING COMMISSION DECISION TO DENY A DESIGN REVIEW APPLICATION TO CONSTRUCT ATWO-STORY SINGLE-FAMILY RESIDENCE - 20423 SEAGULL WAY STAFF RECOMMENDATION: Conduct public hearing and take action on the appeal. RESOLUTION: 04-096 Christie Oosterhous, Associate Planner, presented staff report. Planner Oosterhous explained that on November 17, 2004 the City Council directed the City Clerk to initiate the proceedings pursuant to section 15-90.065 for review by the City Council of the decision made by the Planning Commission to deny a design review application. Planner Oosterhous explained that at a public hearing held on November 10, 2004 the planning Commission denied a design review application to construct atwo- story single-family residence. The project includes the demolition of an existing two-story residence. The total floor area of the proposed two-story residence and garage is 3,540 square feet The floor area of the first floor is 2,299 square feet and the second floor is 1,241 squaze feet. In addition, a 1,752 square foot basement is proposed. The maximum height of the proposed residence is 25 feet 10 inches. The lot size is 11,250 square feet and the site is zoned R-1 10,000. Planner Oosterhous stated that on a 3-2 vote the Planning Commission denied the application based on a lack of evidence to support the findings. Mayor King opened the public hearing and invited public comments. Tom Galeb noted that he was the property owner of 20423 Seagull Way. Mr. Galeb noted that the Planning Commission denied his project on Design Review findings A, D, & E which contradicted the design review. Mr. Galeb briefly reviewed the Design Review findings. Mr. Galeb stated that his project meets all Saratoga building code requirements, no variances have been requested, has neighborhood support, and it is consistent with the Design Handbook. Mr. Galeb requested that the Council over rule the Planning Commission's decision. Referring to the bedroom window on the second floor, Councilmember Kao asked Mr. Galeb if the trees would provide enough screening for privacy. Mr. Galeb stated that he was dumbfounded that the Planning Commission even brought the windows up. The neighbor on the side of the bedroom has never questioned their privacy. Tom Galeb Sr. noted that he has lived in Sazatoga for 46 years. Mr. Galeb stated that he lives next door to the proposed project and has no objections to it. Mr. Galeb stated that he feels his son's individual rights aze being denied. David Simmons stated that he doesn't live in the neighborhood and the project doesn't affect him at all, his concern was the Planning Commission behavior on November 12, 2004. Mr. Simmons noted that he's still in shock at what he saw that evening. Mr. Simmons urged the Council to overtwn the Planning Commission's decision. Lynn Birch Bryant noted that she was Mr. Galeb's azchitect. Ms. Bryant noted that she designed this house according to the City's Design Handbook and the City's Code. Ms. Bryant noted that the second floor only covers 50% of the roof. Mayor King closed the public hearing. 6 A discussion took place in regards to the landscape design. Consensus of the Council to direct the applicant to save the fruit trees along the fence. • STREIT/KLINE MOVED TO ADOPT GRANTING THE APPEAL ... OF A DENIED DESIGN REVIEW APPLICATION LOCATED AT 20423 SEAGULL WAY. MOTION PASSED 5-0. OLD BUSINESS None NEW BUSINESS 4. MILLS ACT PROPERTY TAX ABATEMENT PROGRAM AGREEMENT FOR 11995 WALBROOK DRIVE STAFF RECOMMENDATION: Adopt resolution and direct City Manager to enter into a Mills Act Agreement for 11995 Walbrook Drive. RESOLUTION: 04-100 John Livingstone, Associate Planner, presented staff report. Planner Livingstone explained that on March 5, 2003 the City Council approved the resolution establishing the City's participation in the Mills Act program. The Mills Act is a state sponsored legislation granting local governments the authority to enter into an agreement with individual property owners to allow reduced property tax payments for the restoration and continued maintenance of their historic property. Planner Livingstone noted that the property located on 11995 Walbrook Drive was built in 1895 and is often referred to as the Hyde House. The Heritage Preservation Commission approved the owner's request to participate in the Mills Act program. WALTONSMITH/KLINE MOVED TO ADOPT RESOLUTION APPROVING 11995 WALBROOK DRIVE PARTICIPATION IN THE MILLS ACT PROPERTY TAX ABATEMENT PROGRAM. MOTION PASSED 5-0. 5. ADOPTION OF REVISED PURCHASING PROCEDURES STAFF RECOMMENDATION: Adopt revised Purchasing Policy and Procedures. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow explained that this past summer Interim Administrative Services Director Pete Kolf discovered that two sets of purchasing ~- procedures existed and that we had been operating under the version that had not yet been adopted. The official adopted version dates to June 2000 and contains limits and procedures that are extremely restrictive. Assistant City Manager Tinfow explained that these existing procedures are mush more restrictive than many other cities follow and severely limit staff ability to complete projects and other work in an efficient and timely manner. In addition, limits and procedures for `~ material and supplies, and for professional services should have different ,J requirements, and as much, two sets of procedures are propped. Assistant City Manager Tinfow explained the propped temporary policies and procedures. WALTONSMITH/STREIT MOVED TO ADOPT REVISED PURCHASING POLICY AND PROCEDURES. MOTION PASSED 5-0. CITY COUNCIL ITEMS Councilmember Waltonsmith requested a site visit at the North Campus. Councilmember Kao stated that she would support Councilmember Waltonsmith's request. City Manager Anderson noted that staff would schedule a site visit to the North Campus. Mayor King announced that Director Sullivan would be leaving the City of Saratoga and has been appointed the City Manager for the City of Avalon. OTHER None -./ CITY MANAGER'S REPORT None ADJOURNMENT There being no further business, Mayor King adjourned the meeting at 8:40 p.m. Respectfully submitted, Cathleen Boyer, CMC City Clerk l