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HomeMy WebLinkAbout03-15-2000 City Council Minutes• MINUTES SARAT06A CITY COUNCIL MARCH 15, 2000 The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room, 13777 Fruitvale Avenue at 6:00 p.m. for the purpose of discussion on Boguslaw & Barbara Marcinkowski v. City of Saratoga, et al -Existing Litigation Gov't. Code 54956.9(a), Santa Clara Superior Court No. CV783661; Consideration of Initiation of Litigation - Gov't, Code 54956.9; and Saratoga vs. Hinz -Existing Litigation -Gov't. Code 54956.9(x) Santa Clara Superior Court No. CV784560. Mayor's Report on Closed Session - 7:02 p.m. Mayor Bogosian reported there was Council discussion but no action was taken. Mayor Bogosian called the regulnr City Council meeting to order at 7:04 Vim. and requested Councilmember Baker to lead the Pledge of Allegiance. ROLL CALL PRESENT: Ann Waltonsmith, Evan Baker, Nick Streit, John Mehaffey, Stan Bogosian. ABSENT: None ALSO PRESENT: Bill Norton, Interim City Manager Richard Taylor, City Attorney Carol Ann Butler, Interim City Clerk James Walgren, Dir. of Community Development Mary Jo Walker, Dir. of Administrative Services John Cherbone, Dir. of Public Works • City Council Minutes March 15, 2000 • REPORT OF CITY CLERK ON POSTING OF AGENDA FOR MARCH 1, 2000. Carol Ann Butler, Interim City Clerk, reported that pursuant to Government Code Section 554954.2, the agenda for the meeting of March 15, 2000 was properly posted on March 10, 2000. COMMUNICATIONS FROM COMMISSIONS ~ PUBLIC Edward Hand, Representing West Valley Light Opera Assn. Mr. Hand discussed suggestions for theater improvements to the Civic Theater. He submitted a letter to the Clerk outlining proposed suggestions. Mr. Hand stated the WVLOA would like the Council to consider improvements in next year's budget cycle. He indicated the group is willing to meet with staff and discuss suggestions. Mayor Bogosian directed staff to place the letter received from Mr. Hand on a future Council agenda. Chris Hawks, 20390 Blauer Drive Mr. Hawks commented on the continuous nuisance of existing lighting at the Argonaut Shopping Center. Mr. Hawks noted the lighting is on 24 hours a day. He said this is an example of complete ineffectiveness of the center's owner. Mr. Hawks commented the lighting is at the top of the fa4ade which is 25'-30' off the ground and is in violation of the zoning ordinance. He added the lighting is polluting the neighborhood and is hoping the City will take action. Bert Martel, 14420 Fruitvale Mr. Martel addressed the notice sent out by the City regarding connection to sanitary sewers. He referred to the article in The Saratogan being non-informative. He added that 477 property owners were noticed to connect up to sanitary sewers within 180 days. He expressed his frustration on the notification timeframe and his concern that realtors were notified prior to the property owners. The following speakers represented SEIU/Library staff and addressed the Joint Powers Authority for the Library System. The speakers requested Vice Mayor Mehaffey, the City representative, to direct the JPA to create codes for the SEIU workers to comply with contract. 2 r1 City Council Minutes Carlos Hernandez Elizabeth Reese Rosemary Romo Kenneth Glenn 2960 N. First St., San Jose 2960 N. First St. , San Jose 2960 N. First St. , San Jose 2960 N. First St., Snn Jose Written Communications -None Oral Communications -Council Direction to Staff -None CONSENT CALENDAR - 7:26 p.m. March 15, 2000 1 A. APPROVAL OF MINUTES -REGULAR MEETING OF MARCH 1, 2000. STAFF RECOMMENDATION That Council approve minutes of March 1, 2000, as submitted. Councilmember Waltonsmith removed Item lA from the Consent Calendar. Councilmember Waltonsmith corrected Page 9, item 5A, 3"d paragraph to read as follows: Councilmember Waltonsmith concurred with Councilmember Streit on the need for revitalization and focus on commercial areas, but sees the need for a moratorium. Councilmember Waltonsmith corrected Page 15, item 108(3), 2"d sentence to read as follows: She added they want to be on board with the plan but need conclusions, want the plan to be doable and want a sense of being in control of the discussion. 3 City Council Minutes March 15, 2000 • Vice Mayor Mehaffey corrected Page 14, item 9D to add asterisk to the corrected minutes. Vice Mayor Mehaffey corrected Page 15, item lOB1), correct spelling to Sher. MEHAFFEY moved minutes of March 1, 2000, be approved ns corrected, seconded by STREIT and carried unanimously. 1 B. APPROVAL OF MINUTES -SPECIAL MEETING OF MARCH 6, 2000. STAFF RECOMMENDATION That Council approve the minutes of March 6, 2000, as submitted. Vice Mayor Mehaffey removed Item 1 B from the Consent Calendar. Vice Mayor Mehaffey requested the names of the interviewed recruitment firms be listed in the minutes. . STREIT moved minutes of March 6, 2000, be approved as corrected, seconded by WALTONSMITH and carried with MEHAFFEY abstaining. iC. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH DAVID M. MOYER FOR AGRONOMIC SERVICES, NOT TO EXCEED $17, 955. (CONTINUED FROM COUNCIL MEETING OF MARCH 1, 2000) STAFF RECOMMENDATION: That Council approve the agreement. Vice Mayor Mehaffey removed item 1C from the Consent Calendar. Vice Mayor Mehaffey indicated the name of the contractor was not listed in the agreement and that Exhibit "C" was not attached. Bill Norton, Interim City Manager, indicated that Exhibit "C" was not applicable, therefore was not attached. Richard Taylor, City Attorney, noted that Exhibit "C" would be included and noted as non-applicable. 4 City Council Minutes March 15, 2000 • MEHAFFEY moved approval of the agreement as amended, seconded by STREIT and carried unanimously. 1 D, AGREEMENT TO PROVIDE AUDITING SERVICES FOR FY99/00 FOR THE AMOUNT OF $47,080. STAFF RECOMMENDATION That Council approve the agreement with Maze & Associates Accountancy Corp. Vice Mayor Mehaffey removed item 1 D from the Consent Calendar. Vice Mayor Mehaffey referred to Agreement (1) Scope of Work, first sentence, that year(s) should reflect year. Vice Mayor Mehaffey noted contract did not reflect a retention paragraph. Mary Jo Walker, Director of Administrative Services, indicated the contract was paid on a percentage of completion basis. MEHAFFEY moved approval of agreement with Maze & Associates Accountancy Corp., seconded by STREIT and carried unanimously. OLD BUSINESS/PUBLIC HEARINGS 2. CONTINUATION OF CONSIDERATION OF ADOPTION OF INTERIM MORATORIUM ORDINANCE ON RESIDENTIAL DEVELOPMENT OF COMMERCIALLY DESIGNATED LAND. STAFF RECOMMENDATION That Council adopt the interim ordinance. Richard Taylor, City Attorney, presented staff report and reviewed timeframe on moratorium and noted that August 11, 2000 was the deadline for placing a Council measure on the November, 2000, ballot. 5 City Council Minutes March 15, 2000 • James Walgren, Director of Community Development, noted that applications received after March 1, 2000, would be put on hold. Councilmember Waltonsmith asked Mr. Walgren if the moratorium objectives cover the permitted uses as well as conditional uses of the Vi I loge. Mr. Walgren indicated the moratorium covered both. Vice Mayor Mehaffey questioned the definition of A Zoning. Mr. Walgren indicated it was agricultural holding zoning for the Williamson Act property. Councilmember Streit asked Mr. Walgren how many properties might be involved in the moratorium that haven't been previously developed within the last 10 years. Mr. Walgren indicated a summary had been provided to Council that indicated properties subject to the moratorium. He estimated not more • than a handful in the Gateway and in the Village. Mayor Bogosian declared the public hearing opened at 7:50 p.m. Appearances: Betty Feldheym, 20184 Franklin Avenue Mrs. Feldheym expressed opposition to the moratorium. She stated the properties should be handled on an individual basis. Mrs. Feldheym stressed the need for low and moderate housing in these developments. Eugene Zambetti, 14575 Oak Street Mr. Zambetti requested Council eliminate CH-2 zoning in the Village from the moratorium. Nat Abrams, 14264 Taos Drive Mr. Abrams indicated he was the owner of the parcel noted on Saratoga Avenue. He expressed opposition to the moratorium. Mr. Abrams added he has owned the property since 1962 and would like to develop it properly. He • concluded that the problem is in Azule Crossing. The public hearing was declared closed at 8:05 p.m. 6 City Council Minutes March 15, 2000 • Councilmember Baker indicated he was in favor of a short-term moratorium with a measure to be placed on the November 2000 ballot. Baker added that it's good business management to have the moratorium through the end of this year and that it go before the voters. Councilmember Streit indicated he doesn't see the urgency in the adoption of the interim moratorium or necessity for a citywide moratorium. Streit stressed the importance of focusing on redeveloping properties; vitalizing commercial retail and adding needed parking. Streit added the need for the City developing a Redevelopment Agency. Vice Mayor Mehaffey commented that he did not see the need for an urgency ordinance, however, did see the purpose of the moratorium setting expectations. Mehaffey agreed on vitalization of the Village and Gateway and stated he would be supporting a moratorium. Councilmember Waltonsmith indicated she would like the moratorium to be . the beginning of redevelopment and revitalization. Waltonsmith wants commercial space, and a vital community not a bedroom community for San Jose or Cupertino. Waltonsmith added the City does not have its BMR plan ready at this time. Mayor Bogosian indicated he would be supporting the moratorium to go into effect immediately, with the measure to be placed on November 2000 ballot for voter approval. Title of Ordinance No. 196A: AN INTERIM ORDINANCE PROHIBITING THE APPROVAL OF SPECIFIED RESIDENTIAL DEVELOPMENT PROJECTS ON COMMERCIAL LAND AND DECLARING THE SAME TO BE AN URGENCY MEASURE TO TAKE EFFECT IMMEDIATELY. BAKER moved adoption of Ordinance No. 196 with the modification that the ordinance doesn't include applications prior to March 15, 2000, seconded by WALTONSMITH and carried with STREIT dissenting. City Council Minutes March 15, 2000 • Vice Mayor Mehaffey indicated he would like to revisit this issue with in 45 days. 3. REQUEST FOR CONTINUANCE OF LIU (APPLICANT) KWONG (APPELLANT) APPEAL HEARING. STAFF RECOMMENDATION That Council grant continuance to Council Meeting of April 19, 2000, per Council adopted continuation policy. James Walgren, Director of Community Development, presented staff report. The public hearing was declared opened and closed at 8:50 p.m. STREIT moved continuance be granted to the Council meeting of April 19, 2000,seconded by BAKER and carried unanimously. Mayor Bogosian declared a 10-minute recess at 8:40 p.m. reconvening at 8:50 p.m. with all Councilmembers present. 4. APPROVAL OF RESOLUTION FOR TRANSPORTATION FUND FOR CLEAN AIR (TFCA) PROGAM MANAGER FUNDS (400). STAFF RECOMMENDATION That Council adopt the resolution. Chris Korn, Administrative Analyst, presented the staff report. Appearances: Steve Blaylock, representing ALTRANS, was available for Council questions. Councilmember Waltonsmith inquired about monies for covered bus stops. Mr. Blaylock indicated it was not currently in the budget, but he could recommend this to the advisory committee. s City Council Minutes • Title of Resolution No. 00-015: March 15, 2000 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AUTHORIZING THE CITY TO APPLY FOR TRANSPORTATION FUND FOR CLEAN AIR (TFCA) -PROGRAM MANAGER FUNDS (40%) FOR THE PURPOSE OF CONTINUING THE ALTRANS TRIP REDUCTION PROGRAM AT K-12 SCHOOLS AND SANTA CLARA COUNTY COLLEGES. MEHAFFEY moved adoption of Resolution No. 00-015, seconded by STREIT and carried unanimously. 5. APPOINTMENT OF REPRESENTATIVE TO THE ADVISORY COUNCIL OF THE COUNCIL ON AGING. STAFF RECOMMENDATION That Council appoints Shan Berry as representative to Advisory Council. Bill Norton, Interim City Manager, presented the staff report. STREIT moved appointment of Shan Berry to the Advisory Council of the Council on Aging,. seconded by BAKER and carried unanimously. 6. PROPOSED RELINQUISHMENT OF SARATOGA-SUNNYVALE ROAD (FORMERLY STATE RT. 85) STAFF RECOMMENDATION That Council directs Interim City Manager and staff to take appropriate action. John Cherbone, Director of Public Works, presented the staff report. Appearances: Betty Feldheym, 20184 Franklin Avenue . Mrs. Franklin expressed her pleasure on the proposed relinquishment. 9 City Council Minutes March 15, 2000 • Jeffrey Walker, 20451 Seagull Way Mr. Walker commented on the relinquishment being a fantastic offer and he would like to see sidewalk improvements immediately. Mr. Walker added the railroad crossing to the Argonaut Center is impassable and needs immediate attention. Mildred Perry, 20615 Leonard Rond Mrs. Perry questioned types of road to be constructed and if asphalt would be used. Bill Norton, Interim City Manager, indicated it would be an asphalt overlay, which is not a rough surface. John Mallory, 12258 Kirkdale Drive Mr. Mallory expressed support of relinquishment and requested a traffic light be installed at Seagull prior to construction. BAKER moved approval of cooperative agreement between CnlTrans and the City, subject to final review and approval by City Attorney on CalTrans modifications, seconded by STREIT and carried unanimously. 7. SELECTION OF EXECUTIVE SEARCH FIRM: CITY MANAGER POSITION. STAFF RECOMMENDATION That Council authorize the Interim City Manager to execute a contract between the City of Saratoga and Hughes, Perry & Associates for an amount not to exceed $18,500 for services related to the recruitment and selection of the new City manager. Bill Norton, Interim City Manager, presented the staff report. Donald Macray (No address submitted) Mr. Macray indicated he is a former Human Resources Officer and would offer his services to the City during the recruitment process. to City Council Minutes March 15, 2000 • Title of Resolution No. 00-015A: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA MAKING ADJUSTMENTS TO THE FISCAL YEAR 1999-00 BUDGET. STREIT moved to authorize the Interim City Manager to execute n contract between the City of Saratoga and Hughes, Perry & Associates for an amount not to exceed $18,500 for services related to the recruitment and selection of the new City Mnnnger and adoption of Resolution No. 00-15A seconded by WALTONSMITH and carried unanimously. CITY COUNCIL ITEMS AGENDA ITEMS FOR THE NEXT ADJOURNED MEETING -MARCH 21, 2000 Councilmember Streit requested that staff agendize a resolution Requesting the County of Santa Clara create a Task Force for the Union Pacific Railroad trail for . Santa Clara County. Councilmember Streit requested that the Parks & Recreation Chair report on Commission Activities. Councilmember Streit requested presentation on request for $29,500 for improvement of major trails in the Mt. Eden area and Parker Ranch area. This item will be placed on the agenda for the adjourned Council meeting of April 25t". OTHER Councilmember Waltonsmith requested a report to Council on revitalization and renovation of commercial land. This item will be placed on the agenda for regular Council meeting of April 5t" Councilmember Streit requested a Council agenda item fora Construction and Demolition Recycling Plan Model Ordinance. Staff will review and report back to Council. 11 City Council Minutes March 15, 2000 • Councilmember Waltonsmith requested Resolution of Endorsement of Measure F for Fire Station Building. This item will be placed on the adjourned Council meeting of March 21St Vice Mayor Mehaffey requested a status report on noted problems at the Argonaut Shopping Center. This item will be placed on the regular Council meeting of Apri 15t" CITY MANAGERS REPORT • Council Chambers furniture update. Podium needs to be replaced and additional work needed on furniture. • Water fountain donated by Saratoga Rotary was installed March lOt" and dedication is being set. • The Planning Commission of March 8t" was not televised due to technical difficulties with TCI/ATT. • Dedication of plaque and tree in memory of Jim Shaw will be scheduled for March 24t" at 3:30 p.m. • Mr. Norton expressed his appreciation to his welcoming reception held on March 14t" in the Community Center. Vice Mayor Mehaffey commented on a plaque being located at the water sculpture, which indicates non-potable water is being used. Staff will follow-up. ADJOURNMENT There being no further business, the Mayor declared the meeting adjourned at 9:58 p.m. Respectfully submitted, C~~ Carol Ann Butler, Interim City Clerk LJ 12