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HomeMy WebLinkAbout10-04-2000 City Council Minutes• MINUTES SARATOGA CITY COUNCIL October 4, 2000 The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room, 13777 Fruitvale Avenue at 6:00 p.m. Conference with Legal Counsel re: Existing Litigation (Gov't Code 54956.9(a)). Name of Case: City of Saratoga v. West Valley College Santa Clara County Superior Court No. Doc. CIV756340. Mayor's Report on Closed Session - 7:05 p.m. Mayor Bogosian reported there was Council discussion but no action was taken. Mayor Bogosian called the Regular City Council meeting to order at 7:06 p.m. and requested Councilmember John Mehaffey to lead the Pledge of Allegiance. ROLL CALL PRESENT: Ann Waltonsmith, Evan Baker, Nick Streit, John Mehaffey, Mayor Stan Bogosian. ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Paula Reeve, Senior Administrative Analyst Mary Jo Walker, Director of Administrative Services John Cherbone, Director of Public Works James Walgren, Director of Community Development REPORT OF CITY CLERK ON POSTING OF AGENDA FOR OCTOBER 4, 2000. Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of October 4, 2000 was properly posted on September 29, 2000. COMMUNICATIONS FROM COMMISSIONS & PUBLIC None COMMUNICATIONS FROM BOARDS AND COMMISSIONS None City Council Minutes WRITTEN COMMUNICATIONS None ORAL COMMUNICATIONS -COUNCIL DIRECTION TO STAFF None CONSENT CALENDAR lA. APPROVAL OF COUNCIL MEETING MINUTES REGULAR MEETING -AUGUST 2, 2000 (AMENDED) REGULAR MEETING -SEPTEMBER 6, 2000 STAFF RECOMMENDATION: That Council approve minutes. October 4, 2000 Councilmember Mehaffey pulled Item lA from the Consent Calendar. Councilmember Mehaffey indicated there were a few errors in both sets of minutes and will pass the corrections onto the City Clerk after the meeting. MEHAFFEY/BAKER MOVED TO APPROVE MINUTES OF AUGUST 2, 2000 & SEPTEMBER 6, 2000 AS AMENDED. MOTION PASSED 5-0. 1B. APPROVAL OF CHECK REGISTER STAFF RECOMMENDATION: That Council approve check register as submitted. STREIT/BAKER MOVED TO NOTE AND FILE CHECK REGISTER. MOTION PASSED 5-0. 1C. APPROVAL OF FINANCIAL REPORT- MONTH END JUNE 2000 STAFF RECOMMENDATION: That Council accept the Financial Report. TITLE OF RESOLUTIONS: 00-050 -RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA MAKING APPROPRIATIONS ADJUSTMENTS TO THE FISCAL YEAR 1999/00 BUDGET. 00-051-RESOLUTION OF THE CITY OF SARATOGA OF THE CITY • COUNCIL AUTHORIZING PURCHASE ORDER AND RELATED APPROPRIATIONS CARRYOVERS FROM FISCAL YEAR 1999/00 TO FISCAL YEAR 2000/01. 2 City Council Minutes October 4, 2000 Councilmember Mehaffey pulled Item 1 C from the Consent Calendar. Councilmember Mehaffey requested an explanation in the program designated "General Services" for $27,002.00 for telephones and printing for Y2K. Director Walker responded that the City appropriated $25,000.00 in preparation for Y2K. The funds covered all improvements and repairs the City had to make to the computer system excluding the telephone system. Director Walker indicated that the City had to spend an additional $5,200.00 upgrading the telephone and voice mail system. In addition, there were a few extra unbudgeted printing cost and telephone maintenance costs. Councilmember Mehaffey referred to the program designated "Development Regulation" and requested more detail of what "General Contracts" meant. Director Walker explained that due to staffing shortages in the Community Development Department, several contracted planners had to be hired. MEHAFFEY/WALTONSMITH MOVED TO ACCEPT FINANCIAL REPORT. MOTION PASSED 5-0. 1D. REVIEW PLANNING COMMISSION ACTION MINUTES STAFF RECOMMENDATION: That Council note and file the minutes. STREIT/BAKER MOVED TO NOTE AND FILE ACTION MINUTES. MOTION PASSED 5-0. lE. APPROVAL OF FINAL MAP -PROPERTY LOCATED AT 14906 SOBEY ROAD STAFF RECOMMENDATION: That Council approve resolution for final map. TITLE OF RESOLUTION: SD-99-004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING THE FINAL MAP OF SD-99-004 14906 SOBEY ROAD (JEAN). Councilmember Mehaffey pulled Item lE from the Consent Calendar. Councilmember Mehaffey noted the property has a flag driveway that passes thru it and questioned if the City allowed that type of driveway for that number of properties. Director Walgren explained that the property is at the end of an existing private road that serves several flag oriented parcels and share a driveway that is approximately 12 - 14 feet 3 City Council Minutes • wide. October 4, 2000 MEHAFFEY/STREIT MOVED TO APPROVE FINAL MAP-14906 SOBEY ROAD. MOTION PASSED 5-0. 1F. APPROVAL OF SUMMARY VACATION -PROPERTY LOCATED AT 14440 ESTERLEE AVENUE STAFF RECOMMENDATION: That Council approve resolution for summary vacation. Councilmember Mehaffey and Councilmember Waltonsmith pulled Item 1F from the Consent Calendar. Councilmember Waltonsmith questioned whether or not the Trail Commission approved this vacation. She indicated that she would not want to give City owned land away if it could be used for something else. Director Cherbone explained there are no trials around the area, it's not an improved road, and is basically an empty field at the end of an existing road. Councilmember Waltonsmith questioned whether Esterlee Avenue connects Canyon View • Drive to Springer Avenue. Director Cherbone responded that Esterlee does connect those two streets. Councilmember Mehaffey questioned the value of the property and asked if the City was giving this property to the neighbors or vacating an existing easement. Director Cherbone explained it was not fee title but public right away. BAKER/MEHAFFEY MOVED TO POSTPONE THE APPROVAL OF SUMMARY VACATION-PROPERTY LOCATED AT 14440 ESTERLEE AVENUE, UNTIL ALL CONCERNS OF THE COUNCIL HAVE BEEN ADDRESSED. MOTION PASSED 5-0. Mayor Bogosian indicated that it was not the appropriate time to begin the Public Hearing. Mayor Bogosian moved on to other items on the agenda. • 4 City Council Minutes • OLD BUSINESS October 4, 2000 3 . APPROVAL OF AMENDMENT TO RESOLUTION 00-046 CONCERNING THE PRESERVATION OF THE HERITAGE ORCHARD STAFF RECOMMENDATION: That Council approve amended resolution. TITLE OF RESOLUTION: 00-049 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA RECOGNIZING THE HERITAGE ORCHARD Dave Anderson, City Manager, presented staff report. Mr. Anderson indicated that the original resolution was approved by the City Council on September 6, 2000 and has been amended to include the words "in perpetuity". MEHAFFEY/WALTONSMITH MOVED TO APPROVE AMENDED RESOLUTION. MOTION PASSED 5-0. NEW BUSINESS • 6. APPROVAL OF RESOLUTION ADDING A NEW POSITION -ECONOMIC DEVELOPMENT COORDINATOR STAFF RECOMMENDATION: That Council approve resolution. TITLE OF RESOLUTION: 85.9-125 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE CITY'S CLASSIFICATION PLAN Dave Anderson, City Manager, presented staff report. Mr. Anderson indicated that in the 2000/2001 budget funds were allocated to hire an Economic Development Coordinator. Mr. Anderson explained this new position has been structured as a 2-year term position and is intended to facilitate economic development efforts. The Coordinator will act as a liaison between the City of Saratoga and the business community. The pay range was developed after a salary survey was performed using comparable positions in the surrounding area. Councilmember Streit noted that although the Gateway District and Downtown is the main focus for redevelopment, all of the other business/commercial areas in the City of • Saratoga should be addressed. Councilmember Waltonsmith asked the estimated time frame on filling this position. 5 City Council Minutes October 4, 2000 • Mr. Anderson indicated the position should be filled by the first of the year. STREIT/WALTONSMITH MOVED TO APPROVE RESOLUTION ADDING A NEW POSITION TO THE CLASSIFICATION PLAN. MOTION CARRIED 5-0. 7. AUTHORIZATION TO CITY MANAGER TO EXECUTE A CONTRACT WITH GEOFFREY L. ROTHMAN AND ASSOCIATES TO PERFORM A COMPETITIVE SALARY SURVEY FOR REGULAR AND LIMITED TERM EMPLOYEES STAFF RECOMMENDATION That Council authorize City Manager to execute contract for competitive salary survey. Dave Anderson, City Manager, presented staff report. Mr. Anderson informed the City Council that three firms were invited to submit proposals for competitive salary survey for regular and limited term employees. The firms were asked to propose separate costs for two components: 1. Methodology and comparison city selection and 2. The salary survey itself. • Mr. Anderson explained that after reviewing the proposals, Geoffrey R. Rothman & Associates was selected. Their services have been requested to identify eight to ten comparable cities and perform a competitive salary survey for Regular and Limited Term Employees. Geoffrey R. Rothman & Associates' fees are not to exceed $5000.00. Staff will request additional appropriations to cover this cost at mid-year budget adjustments in January 2001. STREIT/WALTONSMITH MOVED TO AUTHORIZE CONTRACT WITH GEOFFREY L. ROTHMAN & ASSOCIATES. MOTION PASSED 5-0. PUBLIC HEARINGS 2. CIRCULATION ELEMENT & SCENIC HIGHWAY ELEMENT STAFF RECOMMENDATION: That Council open public hearing; accept public testimony; close hearing; approve Circulation Element & Scenic Highway Element. James Walgren, Director of Community Development, presented staff report. Director Walgren explained that after a year of community workshops, public meetings, • data collection, and many hours of work performed by the Planning Commission and Community Development Department, the final document of the Circulation & Scenic Element was ready for approval. 6 City Council Minutes October 4, 2000 • Director Walgren indicated the Circulation & Scenic Element came before the City Council on September 20, 2000, for review and the comments and concerns from the Council have been incorporated into the final document. Mayor Bogosian opened the Public Hearing at 7:32 p.m. and invited any public input. Teri Baron, 19830 Via Escuala, noted that several trails easements and bike routes have been left out of the Circulation & Scenic Element. Ms. Baron questioned whether or not Pierce Road was a designated bike route, given that she read in the Element it has been removed. Councilmember Mehaffey explained Pierce Road was still considered a bike route but no signage would be installed. Ms. Baron showed concern that the impact of the Mountain Winery and current and future traffic issues on Pierce Road, were not addressed in the Element. Ms. Baron requested that all of the bike routes and trail easements she mentioned be added to the Element before the City Council approved it. Director Walgren explained in regards to trail easements and bike routes, the City has a . Master Parks & Trails Master Plan, which is a separate document from the Circulation Element & Scenic Highway Element. Director Walgren noted the traffic analysis that was part of the Environmental Impact Report (EIR) concerning the Mountain Winery was considered in the projections concerning Pierce Road. Jim Stallman, Bicycle Advisory Committee (BAC) Member/Saratoga resident, explained that if the City does not maintain Pierce/Mt. Eden Road as bike routes, the City would not be eligible for Valley Transportation Agency (VTA) funds. Mr. Stallman pointed out the Saratoga Library's copy of the Circulation Element & Scenic Highway Element was dated May 2000, and asked if there was a more up to date version available. Mayor Bogosian closed the Public Hearing at 7:54 p.m. Councilmember Mehaffey questioned if Pierce Road was scheduled for any improvements. Director Walgren responded that Pierce Road is improved on a case-by-case basis. • Councilmember Waltonsmith would like to make sure that Pierce Road stays as a designated bike route. 7 City Council Minutes October 4, 2000 . Councilmember Mehaffey would like a paragraph added to the Element regarding the City's intent on improving Pierce Road as the need occurs. Councilmember Baker requested Ms. Baron to formally submit her concerns to Director Walgren so he may address each issue. Councilmember Baker requested this item be continued. Councilmember Waltonsmith requested that the section on interchanges be left out of the Circulation Element & Scenic Highway Element completely. She explained twelve years ago the citizens of Saratoga voted against building more than one interchange off Highway 85, suggesting adding another interchange to solve the traffic congestion in Saratoga, is not a viable option. Mayor Bogosian concurred. Director Walgren responded to Councilmember Waltonsmith's concerns regarding interchanges, explaining the Consultant included adding interchanges in Saratoga as an alternative but is not recommending adding additional interchanges. Councilmember Baker argued against removing the discussion of interchanges completely from the Element. He feels that it is a historic record that discusses the pros and cons of additional interchanges in the City of Saratoga. • Councilmember Streit concurs with Councilmember Baker. It states in the report that additional interchanges is not viable and any changes would have to go to a vote. Councilmember Mehaffey also agrees to leave the discussion of additional interchanges in the Element. He feels it would be incomplete without it. Mayor Bogosian directed staff to bring back the traffic engineer from Fehr and Peers and Associates, for further explanation on the traffic issues brought up by Ms. Baron. Mayor Bogosian requested current copies of the Circulation Element & Scenic Highway Element be made available for public view and a copy sent to the Saratoga Library. BAKER/STREIT MOVE TO CONTINUE THE CIRCULATION ELEMENT & SCENIC HIGHWAY ELEMENT FOR CONSIDERATION OF MS. BARON'S COMMENTS AND TO CONSIDER COUNCIL'S CONCERNS. MOTION PASSED 5-0. NEW BUSINESS 4. CONSIDERATION OF SUPPORTING PENINSULA OPEN SPACE TRUST - BEAR CREEK REDWOODS • STAFF RECOMMENDATION: That Council accept report and direct staff accordingly. City Council Minutes October 4, 2000 TITLE OF RESOLUTION: 00-052 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA URGING RESIDENTS TO CONTINUE TO CONTRIBUTE TO THE BEAR CREEK REDWOODS PARK. Paula Reeve, Senior Administrative Analyst, presented staff report. Ms. Reeve noted that on September 20, 2000, a representative from the Peninsula Open Space Trust (POST) addressed the City Council requesting a contribution of $20,000 for Bear Creek Redwoods Open Space Preserve. Ms. Reeve explained that in June 1999, Peninsula Open Space Trust (POST) worked with Midpeninsula Regional Open Space District to purchase all 1,065 acres of Bear Creek Redwoods, a park near Highway 17. The District purchased the lower 260 acres for $15 million, and POST acquired the upper 805 acres for $10 million. With interest and management costs, POST's expenses now total $10.5 million. Ms. Reeve explained that POST is committed to protecting Bear Creek Redwoods as a park for the people of Silicon Valley, and has recently approached government, businesses, and private foundations to solicit assistance with its effort to pay off the loan balance. • Ms Reeve noted that so far POST has collected $9,186,344 in donations. Daphne Muehle/Peninsula Open Space Trust, noted that in 1997 the Saratoga City Council already supported, by resolution, POST's efforts. Ms. Muehle stated that tonight POST is asking for a monetary donation. She indicated that the park should be open in 2002 and it would be under the direction of the Santa Clara County Parks System. Admission would be free. Ms. Muehle noted that the lower portion of the park is accessible to the physically challenged. Mayor Bogosian noted that at one time some of the costs of the land were suppose to be covered by the profits made from logging a portion of the property. Ms. Muehle responded that when POST bought the land they were unable to purchase the timber rights. Big Creek Lumber holds the rights. Ms. Muehle noted Big Creek Lumber has already begun logging on the property, but they can only log 30% of what could be logged. Ms. Muehle explained that they have five years to log, and each site can only be logged once. After five years the timber rights are given to POST. • Ryan Marlinghouse/Saratoga resident, supports a monetary donation from the City of Saratoga to POST. 9 City Council Minutes October 4, 2000 Councilmember Streit does not support a monetary donation to POST. He feels that our own City parks need the money. Councilmember Mehaffey supports the cause personally but doesn't support a monetary donation to POST from the City of Saratoga, using taxpayer funds. Councilmember Waltonsmith supports giving a monetary donation to POST. Mayor Bogosian fully supports their fundraising efforts, but concurs with Councilmember Streit that our own City parks need the money to make needed improvements. STREIT/MEHAFFEY MOVED TO ADOPT RESOLUTION URGING RESIDENTS TO CONTINUE TO CONTRIBUTE TO BEAR CREEK REDWOODS. MOTION PASSED 5-0. PROPOSED SANTA CLARA COUNTY CERTIFICATION GUIDELINES FOR ADULT DRUG AND ALCOHOL RESIDENTIAL FACILITIES. STAFF RECOMMENDATION: That Council review proposed guidelines and provide comments for transmittal to Santa Clara County and Santa Clara County Cities Association. • Richard Taylor, City Attorney, presented staff report. Mr. Taylor indicated the Santa Clara County Cities Association has been asked to comment on draft Guidelines for Certification of Adult Drug and Alcohol Residential Facilities. The Santa Clara County District Attorney's Office is proposing the Guidelines and, if adopted, would be used by that office to determine treatment facilities eligible to receive referrals from the District Attorney's Office, and possibly, other County offices. Mr. Taylor noted that Councilmember Baker is the Council's representative to the Cities Association and is seeking Council input on the proposed Guidelines or "good neighbor policies". Mr. Taylor explained that the City of Saratoga may not regulate so called "group home" facilities with six or fewer clients any differently than it regulates single-family homes; larger facilities may be regulated differently that single-family homes in some circumstances. Mr. Taylor reported the Federal Fair Housing Act ("FHA") imposes strict limits on the ability of local governments to regulate group homes through zoning controls. The Act forbids the following: • 1. Discrimination in housing on the basis of race, color, religion, national origin, gender, handicap and familial status. 2. Prohibits local governments from regulating housing in any way that results in 10 City Council Minutes October 4, 2000 . discrimination against protected groups either directly or indirectly. 3. Requires local governments to make "reasonable accommodations in rules, policies, practices, or services, when such accommodations maybe necessary to afford such person equal opportunity to use and enjoy a dwelling." Mr. Taylor explained that State law also regulates the City's ability to regulate group homes. State law also provides that alcoholism/drug abuse recovery or treatment facility which serves six or fewer person shall be considered a residential use of the property under local zoning and cannot be required to obtain a conditional use permit. Councilmember Waltonsmith asked for clarification of what the difference was between a certified and uncertified facility. Mr. Taylor responded that uncertified facilities would not receive funding from the County and the County would not refer clients to uncertified facilities. Mr. Taylor explained that this was an opportunity for the Councilmembers to express their concerns to Councilmember Baker and no other action was needed. Councilmember Baker noted that this item will be discussed again at the Cities Association meeting and he will bring the City of Saratoga's concerns to the meeting. • Councilmember Baker noted that under these guidelines, facilities that want to be certified by the County are required to have their clients divulge their criminal backgrounds. Whereas, uncertified facilities do not require their clients to divulge any criminal information. Councilmember Mehaffey would like to see parking restriction guidelines implemented in the guidelines proposed by the District Attorney's Office. Mr. Taylor responded to Councilmember Mehaffey that the City of Saratoga couldn't put that type of restriction on this type of facility. Mayor Bogosian instructed Councilmember Baker to note the concerns of the Council and present them to the Santa Clara County Cities Association at their next meeting. LETTER FROM DON WHETSTONE CONCERNING FIRE STATION PROJECT. STAFF RECOMMENDATION: That Council accept report and direct staff accordingly. James Walgren, Director of Community Development, presented staff report. • Director Walgren indicated that Mr. Whetstone (property owner directly across from the fire station) submitted a letter to the City Council recommending the City allow the Saratoga Fire District to use some, or all, of the Memorial Park land for their new fire 11 City Council Minutes October 4, 2000 . station by relocating the Memorial Arch. Director Walgren summarized Mr. Whetstone's reasons for moving the station back: 1. It would eliminate the blind intersection on highway 9 and Saratoga Avenue. 2. Reduce traffic flow problems and hazards to pedestrians. 3. Improve the appearance of the village threshold area. Director Walgren indicated in order for the Fire District to encroach on City owned property, they would be required to submit formal plans for design review and use permit applications to the Planning Commission and heritage Preservation Commission for approval. Ernie Kraule, Fire Chief/Saratoga Fire District, indicated that the new station was designed to avoid moving the Memorial Arch. Mr. Kraule reminded the Council that a six million dollar bond passed to build a new fire station. He indicated that they do not have extra money to spend on the park. Chief Kraule introduced the design team responsible for the new fire station. He noted that Chris FordIC3 Design Alliance and Mary McGraff /RR & M Design Group, were both present tonight. Chief Kraule explained that they were going to give Council a brief introduction on the project now and future plans. • Chris Ford, C3 Design Alliance, explained some of the foundational objectives of the new design: 1. Reduce the apparatus doors from four (4) to three (3). 2. Move the doors back up to eight (8) feet away from the corner of Saratoga Avenue and Los Gatos -Saratoga Road. 3. Open the lobby doors towards the park, which opens up access to the Memorial Park. 4. ADA compliance. 5. Minimize impact on the Memorial Park (will be asking during the design review process for a property line adjustment). Mayor Bogosian asked when the building is pulled back six (6) feet would it allow unrestricted right turns at a red light to turn at Saratoga-Sunnyvale Road. Ms. McGraff responded that it was premature to answer what the effects would be until they review the results of the circulation and traffic study, which should be done on October 6, 2000. Councilmember Waltonsmith asked if anyone has met with the City's Public Safety Commission regarding the intersection. Chief Kraule noted that he did meet with the Commission but did not discuss the • intersection in depth. Chief Kraule explained the District is willing to work with City Staff and the Public Safety Commission to make the intersection safe. 12 City Council Minutes October 4, 2000 Don Whetstone, 14768 Vickery Avenue, noted that minimizing the impact on Memorial Park and improving the safety at that intersection, is what prompted him to write the letter. He hoped to urge the Council to consider offering a portion of Memorial Park to the Fire District to accomplish those two issues. Councilmember Streit ask the City Attorney what types of legal issues would arise if the City chooses to give a portion of Memorial Park to the Fire District. Councilmember Waltonsmith asked if the City and Fire District could swap land. Mr. Taylor explained that depending on how the City acquired the land, different legalities would apply; which in turn, land swapping could be a possibility. Mr. Taylor noted that he would be investigating all legal aspects and requirements of the relinquishment of City owned property. Chief Kraule noted the Blaney Family gave the park to the City in 1917. Councilmember Baker noted there were two different issues being presented here tonight. First, the Fire District's new building that will encroach on City owned property. Secondly, the pedestrian and traffic safety issue Mr. Whetstone brought up in his letter regarding the intersection of Saratoga-Sunnyvale and Los Gatos-Saratoga • Road. Chief Kraule responded to Councilmember Baker that there are two issues and they do overlap. The District is willing to cooperate with the City, but noted the District is under time constraints. Ms. McGraff noted that the Circulation Study that was being prepared does not respond to the entire intersection needs. The Circulation Study will only show what impact the new fire station design will have on the intersection as part of the Environmental Impact Report required by the Community Development Department. Mayor Bogosian advised Ms. McGraff when the Circulation Study is complete, that it be presented to the Public Safety Commission for review and then back to the City Council. Ms. McGraff responded to Mayor Bogosian noting that she would be willing to bring the Circulation Study and the new design of the station to the Public Safety Commission. Mayor Bogosian thanked everyone for the information presented to Council. 9. AZULE CROSSING DEVELOPMENT STATUS REPORT. • STAFF RECOMMENDATION: That Council accept report. 13 City Council Minutes October 4, 2000 • James Walgren, Director of Community Development, presented staff report. Director Walgren noted at the September 20, 2000 City Council meeting, City Council requested a summary status report on the Azule Crossing Project. 1. New interior illuminated signs have been placed on the front of the commercial building. The rear signs have been turned off. 2. Construction drawings have been submitted for both the new homes and the renovated and expanded commercial building. Both property owners are aware that the commercial building must be permitted before the City Council will release the residential permits. Further, they are both aware that no homes will be finaled for occupancy and no improvements bonds will be released until the commercial project is complete. 3. Staff will also monitor the project to make sure that reasonable progress is being made on the commercial project to ensure it's completion coincides with the completion of the homes. Using 25%, 50%, and 75% completion milestones, staff will consider stopping the residential project if it gets too far ahead of the commercial project. Councilmember Streit indicated that the illuminated signs are a major attraction to retail base shopping and questioned why the City is telling business owners to turn the lights off. Councilmember Streit noted that the City is trying to promote the businesses in Saratoga and doesn't feel that all the alternatives have been looked. He suggested that the sign ordinance be re-examined. Directors Walgren explained that in the Village "Design Guidelines" were developed to offer different alternatives to signage as opposed to illuminated signs. Director Walgren noted that requiring Azule Crossing Ltd. to turn the illuminated signs off in the rear of the building was a reasonable solution because they are not destination- orientedbusinesses. Councilmember Waltonsmith questioned if the lights were left on all night. Director Walgren responded that the illuminated signs were left on all night. Councilmember Streit does not agree with the signs being turned off. He noted that some of the rear businesses are open ti119 p.m. Director Walgren explained that turning the lights off was ashort-term solution to the complaints from the neighbors along Seagull Drive. Dennis Griffin/Azule Crossing Inc., explained that the illuminated sings in the front of • the buildings were turned off at 9 p.m. Currently, the signs are in the rear of the building are left on all night for security purposes. 14 City Council Minutes October 4, 2000 • Mr. Griffin noted that until the buildings are demolished, temporary security lights couldn't be installed. Mr. Griffin explained that in thirty (30) days the buildings should be demolished and then temporary lights can be installed. Mayor Bogosian questioned that once the buildings are demolished would the commercial additions in the front begin. Mr. Griffin explained the existing building is almost complete; he is waiting for the plan check so the building permit can be issued to start on the next 5,000 sq ft. of new additions. Mr. Griffin noted all the renovations would be complete in 3 months. Scott Ward/ Classic Communities, noted he understood the City's desire for the two projects to be redeveloped simultaneously, but expressed his concern with Director Walgren's memorandum explaining the conditions imposed on the release of homes and the potential monitoring of reasonable progress as the projects move forward on the construction progress. Mr. Ward explained that this would impose conditions that are unacceptable to a lender in financing the residential component of the development. Furthermore, no construction lender would provide funding when repayment is dependent on the achievement of conditions that are not in the borrowers' control. Mr. Ward stated that his lender has no connection to or control over Azule Crossing Inc. and will not, in good faith, finance Classic Communities project if the homes cannot be • sold for repayment. Mr. Ward noted that Classics Communities and Azule Crossing Inc. have, in good faith, shown the City that they are in compliance with all of the permit requirements. Mr. Ward explained if the City still needs additional leverage to assure that the two projects move forward simultaneously, he suggests the occupancy permit for the final unit be withheld instead of the conditions imposed in Director Walgren's memo regarding the release of homes and monitoring of progress. Mr. Ward urged the Council to direct Mr. Walgren to amend his memo to modify those conditions. Mayor Bogosian asked, given the information provided by Mr. Ward, what legal consequences would and to what extent would encumbering that last residential unit, have to do with the additional development of Azule Crossing. Mr. Taylor explained that the legal consequence come from the language of the City's conditional use permit which says the project will be as shown on their plan, which shows both the residential and commercial. Mr. Taylor noted that Director Walgren has proposed one way of implementing that condition through a sequential series of checks. Whereas, the Developers are proposing an alternative in which they are implementing the same condition, and the legal basis is still the same. • Mr. Taylor explained Classic Communities proposal provides them with an incentive to work with Azule Crossing Inc. Their proposal would assure that Azule Crossing 15 City Council Minutes finishes their project. October 4, 2000 Mr. Taylor reaffirmed the City's existing enforcement power that allows the City to enforce the conditions of the permit. Having the owners brought together in one permit encourages both Developers to work together. Mr. Taylor agreed with Mr. Ward's comments on the lending community, it is consistent of what he has heard in other jurisdictions; so he feels there would be considerable incentives for Classic Communities to sell that last home. Mayor Bogosian suggested amending the conditions holding the last home's occupancy permit and a letter of intent from Azule Crossing regarding their demolition and construction Mayor Bogosian thanked everyone for coming to the meeting. 10. RESPONSE TO ARGONAUT SHOPPING CENTER COMPLAINTS. STAFF RECOMMENDATION: That Council accept report. James Walgren, Director of Community Development, presented staff report. • Director Walgren explained the City Council received a correspondence from a neighbor next to the Argonaut Shopping Center regarding the condition of the Center. This letter was shared with the property manager of the Center, Mollie Choate with Willis & Company, who assured staff that the concerns raised in it would be addressed. Another letter was recently sent to the Council complaining about the conditions in front of Jamba Juice and Starbucks. This letter was also sent to the property manager. Director Walgren noted Ms. Choate sent a letter outlining how her company planned to monitor the problems of littering and the condition of the alley expressed in the two letters forwarded to the City Council. Director Walgren explained both Jamba Juice and Starbucks are operating under Conditional Use Permits. There would have to be a severe problem to warrant it, but the City Council does have the authority to "call-up" the businesses' Use Permits if there are ongoing problems with their operations. Councilmember Mehaffey noted he spoke with Mr. Christopher Hawks, who is a neighbor of the Center. Councilmember Mehaffey explained the concerns expressed by Mr. Hawks regarding the following nuisances occurring at the Argonaut Shopping center: 1. Loitering and loud music occur in the parking lot, sometimes ti112 a.m. 2. Power washing machines and vacuum trucks start as early as 4 a.m. 3. Architectural lights do not shut off till 7 a.m. 16 City Council Minutes October 4, 2000 . 4. Starbucks deliveries come at 1 a.m. 5. Leaf blowers are operated as early as 2 a.m. 6. Trash and cigarette butts everywhere. Councilmember Mehaffey explained although Mr. Hawks has had good response to his complaints from the Sheriffs Department, some other alternatives need to be looked at to stop the ongoing nuisances. Mayor Bogosian noted that perhaps Jamba Juice and Starbucks conditional use permits should be looked at if sufficient number of violations of their permit can be proved. Mayor Bogosian indicated he would like to see the Sheriff's reports documenting the call outs to the Argonaut Shopping Center. Mayor Bogosian explained that if the two businesses are in substantial violation of their permits he is willing to take the necessary steps to review their permits and take action. Director Walgren explained a letter could be written to the property management company, Starbucks, and Jamba Juice, highlighting their violations of the conditional use permits and the main concerns of the surrounding neighbors. Also, he noted, signs explaining the conditions of their permit could be posted on the columns outside of the two establishments. Director Walgren indicated that perhaps explaining the ramifications of their violations, if they continue, might encourage Jamba Juice and Starbucks to comply with their conditional use permits. Mayor Bogosian requested Director Walgren send out a letter to Starbucks and Jamba Juice outlining the City Council's concerns. CITY COUNCIL ITEMS Councilmember Streit wanted to inform everyone that the VTA has closed the bus drop off at West Valley College for renovations. He indicated they were taking out several large trees and wants to make sure that appropriate trees were being replanted. Councilmember Streit thanked the Public Works Department for the renovations that were made at Gardner Park. Councilmember Mehaffey noted that he attended a Gateway Task Force meeting and suggested that one (1) representative from the City Council be appointed to this task force. Councilmember Mehaffey noted that on Saturday approximately 6:45 p.m., he was at Wildwood Park and the restrooms were locked. • OTHER None 17 City Council Minutes CITY MANAGER'S REPORT October 4, 2000 Dave Anderson, City Manager, reported that the grand opening celebration for Gardner Park was scheduled for October 17, 2000 at 2:30 p.m. Mr. Anderson indicated that the traffic loop located at the intersection of Fruitvale/Saratoga Avenue has been repaired. ADJOURNMENT There being no further business, the Mayor declared the meeting adjourned at 10:30 p.m. • • 18