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HomeMy WebLinkAbout02-16-2000 City Council MinutesMINUTES SARATOGA CITY COUNCIL TIME: Wednesday, February 16, 2000 - 4:00 p.m. PLACE: Closed Session -Administrative Conference Room, 13777 Fruitvale Avenue; Regular Meeting -Civic Theater/Council Chambers, 13777 Fruitvale Avenue TYPE: Regular Meeting OPEN SESSION - 4:00 p.m. in the Administrative Conference Room. ADJOURN TO CLOSED SESSION 1. CLOSED SESSION 1. Conference with Legal Counsel -Existing Litigation pursuant to Government Code Section 54956.9(a) -Name of Cases: City of Saratoga v. TCI of Cleveland, Santa Clara County Superior Court; City of Saratoga v. Hinz, . Santa Clara Superior Court No. CV 784560. 2. Public Employment pursuant to Government Code Section 54957 -Title: City Manager (Interviews) MAYOR'S REPORT ON CLOSED SESSION -Mayor Bogosian declared there were no reportable actions. Mayor Bogosian and the rest of the Council presented the City Clerk with flowers in appreciation for her service to the City. REGULAR MEETING/CALL TO ORDER -Mayor Bogosian called the meting to order at 7:00 p.m. in the Civic Theater/Council Chambers at 13777 Fruitvale Avenue. PLEDGE OF ALLEGIANCE - Mayor Bogosian ROLL CALL - Councilmembers Waltonsmith, Baker, Streit, Mayor Bogosian were present. Vice Mayor Mehaffey was absent. Staff present: City Manager Perlin, Asst. City Attorney Wittwer, City Clerk Ramos, Director of Administrative Services Walker, Director of Community Development Walgren, Acting Public Works Director Cherbone. 2. CEREMONIAL ITEMS A. Proclamation -Science Fair Week on March 13 -19, 2000 Page lof9 City Council Minutes February 16, 2000 B. Proclamation -Earth Day on Apri122, 2000 Mayor Bogosian read the proclamation for Science Fair Week and presented it to the recipient. In the absence of the recipient of the Earth Day proclamation, Mayor Bogosian directed staff to mail it to the recipient. REPORT OF CITY CLERK ON POSTING OF AGENDA -City Clerk Ramos reported that pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on February 11, 2000. 3. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. Oral Communications on Non-Agendized Items -None B. Communications from Boards and Commissions Recommendation from Saratoga Business Development Council (SBDC) for City to provide assistance with preliminary activities in connection with the proposed Downtown Performing Arts Theater project. Ken Carter, Executive Director of Eagle Wing Theater Company, provided background about the proposed project and is requesting for the City's support and assistance in determining whether the • project is economically feasible, perhaps through a waiver of fees and the use of City information and staff in conducting a traffic study. He distributed an informational handout of the proposed project to the Council and staff. Discussion ensued regarding its proposed programs and activities. In response to Councilmember Waltonsmith, Mr. Carter replied that the request for assistance would be to ask the City to waive permitting fees and to allow the City to do a traffic study using in-house resources. In response, Asst. City Attorney Wittwer replied that in order to waive fees the City would have to do it in conformance with City's ordinances and policies on the matter and a staff report would be prepared with a recommendation to waive fees before a decision can be made. Councilmember Baker commented he is very enthusiastic and would support the project, because it would be a major enhancement to the City and particularly to the Village, within the limitations articulated by the Asst. City Attorney Wittwer. Councilmember Streit concurred with Councilmember Baker and recommended refemng it to staff to review and determine how the City can help. Director of Community Development Walgren commented he is familiar with the proposal to renovate the old building currently behind the Village. It looks like it would require a new structure; parking and traffic could be major issues. The issue of waiving the fees would be the least problem for this size project; however, it would not be practical for staff to do a feasibility Page 2 of 9 City Council Minutes February 16, 2000 study without more information about the project such as size, scope of program. He suggested the proponents submit a feasibility study to the City at which point staff would have a basis for recommending the waiver of fees. The traffic study analysis would have to be developed by the proponent based on the specifics of the project. Councilmember Waltonsmith supported the concept and idea of the project and asked about the legality of waiving fees. Director Walgren replied the Council has the authority to waive fees, although in the past the Council has been consistent about not waiving fees, but that could certainly be amended. He reiterated that the waiving of fees is the smallest component of constraints on this project. Mayor Bogosian supported the concept of the project in that it would help revitalize the Village, recognizing the constraints that currently exist there. City Manager Perlin reported that the discussion at the SBDC specifically centered on the City's contract traffic engineer and whether he could evaluate the traffic and parking impacts of this project. If that could be done, then the non-profit organization would submit an application through the regular planning process and not have to pay any of the fees associated with it and ultimately have a decision made on the project. In the discussion, there was also consideration placed on deferring fees, particularly if after the process the determination made is favorable. Architectural and landscape plans will be developed by the proponents, it is the traffic and parking study and • processing fees that they are asking for assistance. In response to Councilmember Baker, City Manager Perlin that estimated costs of the traffic engineer to conduct the analysis is in the $5,000 to $10,000 range. Mayor Bogosian commented that although the Council is supportive of the project in concept, he expressed concern that as a matter of process, the City, in the interest of trying to move it forward, does not short cut the deliberative process of government. City Manager Perlin commented that in the discussions of SBDC, there was no expectation that this project would be handled any differently than any other applicant. But because Eagle Wing is a non-profit organization, they are reluctant to proceed with it without knowing that it would make it through the City process. Councilmember Waltonsmith said it's a unique and exciting project for the City. Councilmember Streit said he has no problem if the City follows the standard process and defer the fees till its completion. Staff could bring back a staff report to the Council outlining the City's projected cost for the traffic engineer to conduct the study. The overall benefit to the Village outweighs the small fees we may or may not lose. Councilmember Baker said the Council should be proactive in encouraging the improvement of the City; nevertheless, he would be reluctant in proposing something that the City Council cannot legally do. He supports requesting a staff report with an estimate of the cost impact on the traffic analysis and move forward from there. Page 3 of 9 City Council Minutes February 16, 2000 • Mayor Bogosian concurred and directed staff to prepare a staff report outlining the cost impact on the traffic study and to list the fees for deferment. H added it would be reasonable for the City to collect the deferred fees later. Director Walgren said staff would need clear project parameters and the traffic engineer could do a site-specific circulation analysis on that site. Discussion ensued. Councilmember Streit suggested asking Eagle Wing to submit the application to the City so staff can begin the process and come back to the Council with information on the cost impact to the City. Council concurred. Director Walgren and Mr. Carter concurred. C. Written Communications -None 4. CONSENT CALENDAR A. Previously Discussed Items • 1. Resolution adopting a Negative Declaration in connection with Azule Crossing Inc. at 12312 Saratoga-Sunnyvale Road. (Approved by City Council on 2/2/00) Recommendation: Adopt Resolution. 2. Resolution approving Tentative Map No. SD 99-005; Azule Crossing Inc.: 12312 Saratoga-Sunnyvale Road. (Approved by City Council on 2/2/00) Recommendation: Adopt Resolution. 3. Resolution approving Use Permit No. UP 99-018; Azule Crossing Inc. at 12312 Saratoga-Sunnyvale Road. (Approved by City Council on 2/2/00) Recommendation: Adopt Resolution. 4. Resolution approving Design Review No. DR 99-037; Azule Crossing Inc. at 12312 Saratoga Sunnyvale Road. (Approved by City Council on 2/2/00) Recommendation: Adopt Resolution. BAKER/STREIT MOVED TO ADOPT THE RESOLUTIONS ADOPTING A NEGATIVE DECLARATION AND APPROVING APPLICATIONS SD 99-005, UP 99-018, DR 99-037, AZULE CROSSING INC., 12312 SARATOGA-SUNNYVALE ROAD. MOTION PASSED 4-0. B. New Items 1. Planning Commission actions of February 9, 2000. Recommendation: Note and file. Page 4 of 9 City Council Minutes February 16, 2000 • 2. Approval of Check Register Recommendation: Note and file 3. Memo authorizing publicity for March 1, 2000 Public Hearing item: Consider adoption of an interim ordinance prohibiting for up to two years the approval of non-commercial development projects on lands with a Commercial land use designation in the General Plan (including lands designated in the General Plan as Retail Commercial, Professional Administrative, Gateway Landscaping, and Planned Development; affected zoning districts include C-N, C-V, C-H, and P-A). Recommendation: Approve noticing as recommended by staff. 4. Report from City Clerk regarding upcoming vacancies in the Heritage Preservation, Public Safety and Youth Commissions. Recommendation: Approve the proposed schedule. City Clerk Ramos noted for the record corrections to the dates on the proposed schedule. STREIT/BAKER MOVED TO APPROVE CONSENT CALENDAR 4B.1-3, AS PRESENTED AND 4.B.4 AS AMENDED. MOTION PASSED 4-0. C. Claims Against the City -None • At this time, Mayor Bogosian, upon receiving information that the Sandy Farley, recipient of the Earth Day proclamation is in the audience, read and presented the proclamation. Ms. Farley expressed thanks. 5. PUBLIC HEARINGS - 7:30 p.m. A. Ordinance designating the Hyde House at 11995 Walbrook Drive as a Historic Landmark (HP-24, Rodenberg) Recommendation: 1) Waive the reading of the Ordinance in its entirety and introduce by title only. Mayor Bogosian noted for the record that a letter was received from Mr. & Mrs. Rodenberg, property owners, who will not be able to attend the meeting tonight and will be awaiting the outcome of this matter. James Walgren, Director of Community Development, presented the staff report. He announced that Norman Koepernik, Heritage Preservation Commission Chairperson, is in attendance. Mayor Bogosian opened the public hearing at 7:42 p.m. and asked Mr. Koepernik for his comments. • Mr. Koepernik provided some background information. Discussion ensued regarding the Mills Act Page 5 of 9 City Council Minutes February 16, 2000 • There being no further public testimonies, Mayor Bogosian closed the public hearing at 7:48 p.m. BAKER/WALTONSMITH MOVED TO INTRODUCE THE ORDINANCE AND READ BY TITLE ONLY. MOTION PASSED 4-0. 6. OLD BUSINESS A. Resolution of Endorsement for Measure N (Library Bond). Recommendation: Adopt Resolution. City Manager Perlin presented the staff report. In response to Mayor Bogosian, Marcia Manzo, Library Chairperson, clarified that the 8,000 square footage stated in the article in the Mercury News was in error and that the correct square footage of the existing building is 18,000 square ft. She does know how many square ft. of building would result from the proposed bond, but the library proponents are hoping that it would provide a considerable addition to the existing building bringing the square footage up to 42 - 47,000 square feet. Scott Petersen, 13037 Palermo Court, asked why the City is having a special election in April when it will be having a regular election in November. Mayor Bogosian clarified that Measure N, the library bond being endorsed this evening is on the ballot in the primary elections on March 7, 2000. Measure F, a bond measure of the Fire District, is on the ballot in a special election on April 11, 2000 and suggested that he address that question to the Fire Board since the Council is in no position to speak on their behalf. Mayor Bogosian, with concurrence from the rest of the City Council, read the resolution in its entirety. STREITBAKER MOVED TO ADOPT THE RESOLUTION. MOTION PASSED 4-0. 7. NEW BUSINESS A. Contract for Interim City Clerk. Recommendation: Authorize the City Manager to sign a contract with the Interim City Clerk, and approve a Resolution increasing appropriations in the City Clerk's program budget to fund the Interim City Clerk. City Manager Perlin presented the staff report and deferred to Mary Jo Walker, Director of Administrative Services, for additional information. Director Walker responded to Councilmember Baker regarding the budget accounts for this expenditure which are listed in the resolution, stating that she will revise the resolution to reflect • the correct accounting codes and assignment of funds to classify them as independent contract services. Page 6 of 9 City Council Minutes February 16, 2000 • Discussion ensued. In response to Councilmember questions, Director Walker clarified that the numbers in the resolution are based on a 40-hour week for three months. She added that her start date would be February 28, 2000 and that Linda Burke, City Manager's secretary, would be handling the agenda preparation for next week. BAKER/WALTONSMITH MOVED TO AUTHORIZE THE CITY MANAGER TO SIGN A CONTRACT WITH THE INTERIM CITY CLERK, AND ADOPT A RESOLUTION, AS AMENDED, INCREASING APPROPRIATIONS 1N THE CITY CLERK'S PROGRAM BUDGET TO FUND THE INTERIM CITY CLERK. MOTION PASSED 4-0. B. Discuss City Departmental Projects and Priorities. Recommendation: Receive reports from staff and provide direction. Mayor Bogosian commented that this item is on the agenda to get a handle on where various projects and programs are during this period of transition that will be taking place in the City Manager's office. He referred to a report prepared by staff listing all of the department priorities and projects as a result of his meeting with the department heads this week. He asked each department head to provide a summary of their items, with the exception of the Recreation Department, which he would give in the absence of Director Pisani. City Manager Perlin commented he has not seen the report listing the priorities and projects. Mayor Bogosian provided him with a copy and asked him to report on any key items that are not on the list. City Manager Perlin reviewed the list and provided a summary of items, some of which were listed under the Administrative Services department including the budget, ongoing discussion with Sen. Sher on the property tax issue, Animal Control issue, and the City newsletter. Director of Administrative Services Walker, Director of Community Development and Acting Director of Public Works summarized their items as listed in the report and their corresponding status. Mayor Bogosian summarized the items under the Recreation Department and their corresponding status. Director Walgren responded to Council questions regarding the proposed moratorium and the Argonaut Shopping Center. Director Cherbone responded to Council questions regarding the Sewer Map, the Pavement Management Program, the Saratoga-Sunnyvale Road enhancements, the Gateway area improvements, and the Seagull Way/Sunnyvale Road improvements. Mayor Bogosian stated for the record that the Council needs to be looking on for a transition through the City Manager's office and if there are any items they would like to put on the table Page 7 of 9 City Council Minutes February 16, 2000 for follow up and review, it would be appropriate to do so at this time. Mayor Bogosian addressed: • Potential sites for playfields; playfield JPA • Animal Control issue • Wildwood Park Restroom • Heritage Orchard use; invite Heritage Preservation Commission to discussions with Parks and Recreation Commission • Highway 85 Noise abatement issue • Cellular antenna issue • Frequency of City Newsletter issues • Trails issue -maintenance and encroachment • SASCC parking lot • Agendize endorsement of Prop. 12 & 13 (regarding Clean Water and Park Land) Discussion ensued regarding some of the items addressed above. City Manager Perlin replied to questions regarding the noise abatement discussion with Senator Sher's office and Caltrans. He also reminded the Council to budget for the City newsletter. Furthermore, he informed the Council that an approval letter was forwarded to SASCC regarding use of the parking lot. Councilmember Baker replied he has not received a response from the cellular antenna providers. He added that the County Cities Association voted to endorse Prop. 14. Mayor Bogosian suggested sending a letter to the providers to stay proactive on this matter. Councilmember Streit commented that the Parks and Recreation Commission is addressing the maintenance issue; Director Walgren was provided with the list of possible encroachments for review. Update reports will come back to the Council in the future. Councilmember Waltonsmith addressed: • Deer issue status • West Valley College Transit Center remodel City Manager Perlin responded to questions about the deer issue. In response, Councilmember Baker replied that the Council's position on the WVC transit center remodel has been expressed by staff to the College. Mayor Bogosian expressed thanks to staff for putting the project list together. 8. ORAL COMMUNICATIONS (continued) and instructions to staff regarding actions on current oral communications -None. 9. APPROVAL OF MINUTES (Note: City Attorney may be excused at this point if no longer needed.) Page 8 of 9 City Council Minutes February 16, 2000 A. Adjourned meeting of January 25, 2000 Recommendation: Approve minutes. STREIT/BAKER MOVED TO APPROVE THE MINUTES. MOTION PASSED 4-0. B. Regular meeting of February 2, 2000 Recommendation: Approve minutes. Councilmember Baker corrected page 3 under the motion in item 7 to include the votes of 5-0. Councilmember Waltonsmith corrected her comments on page 11, 5~' paragraph, under item SB, to read, "Councilmember Waltonsmith commented the modern design is good but felt the proposed home could be redesigned to make it more rectangular and could be moved around to go down into the repaired slide area. She commented about good neighbor practices and the importance of working with neighbors' concerns. She expressed concern about the ambiguity of the location of the poles and is not prepared to accept it as it is currently proposed. She recommended the neighbors and applicant work together to resolve the design shape issues, the position on the issues, and the landslide repair issues." BAKER/STREIT MOVED TO APPROVE THE MINUTES AS AMENDED. MOTION PASSED 4-0. 10. CITY COUNCIL ITEMS A. Agenda items for the next adjourned regular meeting (Note: The purpose of listing the items immediately following is not to discuss or take action on them, but simply to decide whether they are to be placed on the agenda for the next adjourned regular meeting. -The next adjourned meeting is not until March 21, 2000. B. Other -None 11. CITY MANAGER'S REPORT - On February 23 at Villa Saratoga, 10% of lunch or dinner proceeds will support the Warner Hutton House. The McDonald's benefit was a success. 12. ADJOURNMENT - Mayor Bogosian adjourned the meeting at 9:02 p.m. Respectfully submitted, City Clerk • Page 9 of 9 MINUTES SARATOGA CITY COUNCIL TIME: Friday, February 11, 2000 - 8:30 a.m. PLACE: Administrative Conference Room, 13777 Fruitvale Avenue, Saratoga TYPE: Special Meeting (Closed Session) CALL TO ORDER -Mayor Bogosian called the special meeting to order at 8:30 a.m. in the Administrative Conference Room at 13777 Fruitvale Avenue. ROLL CALL - Councilmembers Waltonsmith, Baker, Streit, Vice Mayor Mehaffey and Mayor Bogosian were present. Staff present - City Attorney Taylor. REPORT OF CITY CLERK ON POSTING OF AGENDA -Pursuant to Government Code 54956, the agenda for this meeting was properly posted on February 10, 2000. PUBLIC COMMENTS -Pursuant to Government Code Section 54954.3(a), the City Council will provide the public with an opportunity to address the Council on any item described in the notice a before or during consideration of that item -None ADJOURN TO CLOSED SESSION CLOSED SESSION A. Public Employment pursuant to Government Code Section 54957 -Title: City Manager (Continued discussion). MAYOR'S REPORT AFTER CLOSED SESSION -Mayor Bogosian reported to direct staff to obtain proposals from professional search fums to conduct a search for a new City Manager and to obtain resumes from candidates for the position of Interim City Manager. ADJOURNMENT - Mayor Bogosian adjourned the meeting at 9:50 a.m. Respectfully submitted, Susan A. Ramos, CMC, City Clerk 1 of 1