Loading...
HomeMy WebLinkAbout01-25-2000 City Council MinutesMINUTES SARATOGA CITY COUNCIL TIME: Tuesday, January 25, 2000 - 4:30 p.m. PLACE: Closed Session in the Administrative Conference Room, 13777 Fruitvale Avenue; Adjourned Regular Meeting in the Adult Care Center, 19655 Allendale Avenue TYPE: Adjourned Regular Meeting OPEN SESSION - 4:30 p.m. in the Administrative Conference Room at 13777 Fruitvale Avenue. ADJOURN TO CLOSED SESSION CLOSED SESSION Conference with Labor Negotiator pursuant to Government Code Section 54957.6 Agency Negotiator: Larry I. Perlin; Employee Organization: Saratoga Employees Association (SEA) and Saratoga Management Organization (SMO). 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. Public Employee Mid-Year Performance Evaluation pursuant to Government Code Section 54957 -Title: City Attorney Public Employee Mid-Year Performance Evaluation pursuant to Government Code Section 54957 -Title: City Manager ******************************************************************************* MAYOR'S REPORT ON CLOSED SESSION -Mayor Bogosian declared there were no reportable actions taken. CALL TO ORDER -Mayor Bogosian called_the meeting to order at 7:06 pm. in the Adult Care Center, 19655 Allendale Avenue. ROLL CALL - Councilmembers Waltonsmith, Baker, Streit, Vice Mayor Mehaffey, Mayor Bogosian were present. Staff present: City Manager Perlin, City Attorney Taylor, City Clerk Ramos, Director of Administrative Services Walker, Director of Community Development Walgren. REPORT OF CITY CLERK ON POSTING OF AGENDA -The City Clerk reported that pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on January 21, 2000. The Notice of Adjournment from the January 19 meeting was posted on January 20, 1999. ORAL COMMUNICATIONS FROM THE PUBLIC ON NON-AGENDIZED ITEMS - None MID-YEAR FINANCIAL REPORTS FOR FISCAL YEAR 1999-00. Recommendation: Accept the mid-year financial report, adopt the attached resolution making adjustments to the Fiscal Year 1999-00 budget, and accept the December Treasurer's Report. Director of Administrative Services Walker presented the staff report and answered some questions by the Council. MEHAFFEY/WALTONSMITH MOVED TO ACCEPT THE MID YEAR FINANCIAL REPORT, ADOPT THE RESOLUTION MAKIl~tG ADJUSTMENTS TO THE FY 99-00 BUDGET AND ACCEPT THE DECEMBER TREASURER'S REPORT. MOTION PASSED 5- 0. Page 1 of 8 Minutes for City Council January 25, 2000 Adjourned Regular Meeting/Joint Meeting with Planning Commission JOINT MEETING WITH PLANNING COMMISSION. ROLL CALL -COMMISSIONERS Barry, Roupe, Jackman, Kurasch, Vice Chair Page and Chair Bernald were present. Commissioner Patrick was absent. o Presentation on Housing Element Update and ABAG's Regional Housing Needs Determination Allocations. Director of Community Development presented the staff report and answered questions of the Council. Discussion ensued. Director Walgren noted that the urgency of this matter is to reduce the housing requirements required by ABAG to something more manageable within the 90-day window of time. After that the City would have one year to develop the City's housing element where the City will be working with housing experts on developing a whole range of options to achieve these numbers which would be presented through a public hearing process with the Planning Commission and City Council. BAKER/STREIT MOVED TO AUTHORIZE THE NECESSARY FUNDS IN THE AMOUNT NOT TO EXCEED $5,000 TO RETAIN SEIFEL ASSOCIATES FOR ADVISORY SERVICES ON ABAG HOUSING NEEDS ALLOCATION. MOTION PASSED 5-0. o Extension of Measure G to commercial zoning districts. Director Walgren presented the staff report and deferred additional reporting to Richard Taylor, City Attorney, who summarized his report with three options for addressing the goals of Measure G in a commercial context as follows: • Copy Measure G in form identically; however if the concern is protecting the commercial land use base in the City, the Measure might not address that concern as effectively as it did in protecting the residential land use designations in Measure G because of the inherent structure of the City's current General Plan. • Place a measure on the ballot that amends the commercial land use policies in the General Plan to include standards (Deadline with the County to put a measure on the ballot is August 11, 2000). Such proposed measure may be subject to California Environmental Quality Act (CEQA) regulations pending court ruling. • Place a measure on the ballot indicating a seriousness in the City's commercial land use supply; indicating that this situation requires a study to figure out how the City would manage it under the City's obligations with State housing laws and the City's existing residential land use policies; put a temporary moratorium on non commercial land uses on commercially designated lands for up to two years while a study is underway. In response to Commissioner Barry, City Attorney Taylor replied that all three options could be imposed by the City Council without a ballot measure. It would be up to the City Council if they want it on the ballot for the voters to decide. If it goes to the voters, any subsequent changes would have to go back to the voters. Discussion ensued. To summarize the discussion, Mayor Bogosian commented that land use issues are vital to the community and would require a larger discussion and community input, and a moratorium would serve as a vehicle that would allow the City to discuss the issues further with the community. Vice Mayor Mehaffey expressed he would support putting the question of a moratorium before the voters, not before the City Council. Mayor Bogosian suggested imposing aone-year moratorium now and putting the question before the voters in November to determine whether the moratorium should be continued for another year. Page 2 of 8 Minutes for City Council Adjourned Regular Meeting/Joint Meeting with Planning Commission Discussion ensued. January 25, 2000 Contrary to comments expressed by Commissioner Page, Commissioner Barry felt that the current commercial-residential review process is not effective. She feels that the developers do not have adequate information and guidance to fully understand the concept of an integrated neighborhood, which is what the Council and Commission would like to promote. She expressed support to have a moratorium and then have the public discussion to develop the vision that the entire community can live with. Director Walgren clarified that the Gateway area, the commercial corridor north of the railroad tracks, is the only azea that the General Plan designates as Planned Development (PD). The Village allows multiple family projects but the City has a Village Plan that stipulates cleaz criteria and policies for when residential is appropriate. In practice, the Village Plan's criteria aze applied to the PD district, which is the Gateway azea. Mayor Bogosian reiterated that the whole concept of vision is critical and the moratorium would give the public a chance to articulate that vision. Commissioner Roupe questioned why put the moratorium before the voters instead of before the Council, if the purpose for enacting a moratorium is to have an opportunity for discussion with the community. Vice Mayor Mehaffey commented that his reason for putting it on the ballot is to find out what the entire community wants. Councihnember Streit concurred with Vice Mayor Mehaffey that this decision should be made by more than just the Council, at least there should be some public hearings to discuss it and receive public input. In response, City Attorney Taylor commented that there is a wide range of options available to the Council in terms of the structure this takes, including an advisory measure. He added that a moratorium usually does not require extensive CEQA review; nevertheless it should be looked into. Councihnember Baker supported the concept of a public hearing approach to get input from the community instead of imposing a moratorium. Mayor Bogosian suggested proposing a moratorium to the community through a noticed public hearing within the next month for public input and discussion. In response to Vice Mayor Mehaffey, City Attorney Taylor replied he believes that the findings for a moratorium could be made based on the discussions he has heazd. In response to Councihnember Waltonsmith, City Attorney Taylor explained that the focus of the consultant's work is to challenge the numbers proposed by ABAG. By Mazch 1, staffwould have the City's response to ABAG numbers and would have filed the letter with ABAG. The housing element consultant would be looking at strategies for achieving those housing goals. In response to Councilmember Baker, Mayor Bogosian replied that a date would have to be set for projects in progress, which would be included in the language of the moratorium. Director Walgren suggested that the moratorium discussion exclude the Village because the City has a very specific Village Plan that is very detailed in its land use goals and policies. Mayor Bogosian replied that if the focus is on the vision of Saratoga, it should include all of Saratoga including the Village. Vice Mayor Mehaffey added that the Village should be a starting point for discussion. Commissioner Barry commented that the City needs a vehicle to raise the issue to a level of attention to get input from the citizens. Councilmember Streit noted that although he would not support imposing a moratorium at this Page 3 of 8 Minutes for City Council January 25, 2000 Adjourned Regular Meeting/Joint Meeting with Planning Commission • ,,, time however if draftin a moratorium would ` et- the ublic's attention, ~ it would be somethin g g p g worthwhile pursuing. The public's input would have to be overwhelmingly in support of the moratorium in order forme to support it; otherwise, ~I would vote to put it on the ballot for the voters to decide. Discussion ensued regarding options for public noticing of the public hearings; including the ' '°' newsletter. Mayor Bogosian commented he would like to schedule a public hearing on March 1 and go from there. He added he would like to put a rush on the review of the newsletter articles in order to fmalize the newsletter sooner than later. ~ ,, Mayor Bogosian directed the City Attorney to prepare the language for the moratorium and direct City staff to proceed with publishing a public hearing notice in the newspaper for March 1. Council concurred. o Status report on Circulation Element Update. Director Walgren presented a status report. There was no discussion. o Status report on Fencing Ordinance revisions. ~ - _ Director Walgren presented a status report. Commissioner Jackman expressed her discontent with the review process of this item with, the Planning Commission. She felt there was insufficient information available and insufficient time to discuss the issue. She recommended it come back to the Planning Commission for additional discussion and review. Commissioner Roupe disagreed and felt that there was substantial discussion on~the matter and a reasonable decision was made by majority of the Commission. . ~ .,~. Commissioner Kurasch commented on noticing procedures and the lack of, particularly for issues with a citywide impact. She added that perhaps using a survey or a poll might enhance the public input process. • , Discussion ensued. In response to Vice Mayor Mehaffey, Commissioners Jackman and Kurasch reiterated their concern about the process and the decision reached, for-lack of information available. t Mayor Bogosian asked for the record, if a negative declaration was presented to the Planning , Commission for their review. Commissioner Roupe replied the negative declaration was presented verbatim to the Commission. Director Walgren added that a negative declaration was advertised. Mayor Bogosian suggested returning it back to the Planning Commission, ensuring adequate public hearing notice, receive public input, review and discuss further. Discussion ensued regarding noticing. Chairperson Bernald commented that in her opinion, the Commission has reviewed and discussed the matter and has moved forward with a recommendation to the Council. To bring it back to the Planning Commission without any clear direction from Council would not be productive at the Commission level at this time. She would like to see some clear direction from Council to bring back to the Commission. Commission Barry suggested perhaps a combination of some direction from Council and a revisit of this issue at the Planning Commission level would be appropriate in order to reach a level of understanding of the issue and where it should go. Page 4 of 8 Minutes for City Council - January 25, 2000 Adjourned Regular Meeting/Joint Meeting with Planning Commission • Mayor Bogosian asked the pleasure of the Council. Councihnember Waltonsmith commented she would have liked to see a more in-depth discussion about the fence issue in the Planning Commission. She also felt the Commission could have taken a more philosophical approach to the issue, addressing why there were so many exceptions. Chairperson Bernald asked for a clear understanding of what the Council would like to see or how they would like the Commission to proceed. Councilmember Baker replied, that for starters a historical background of these exceptions would help determine whether the current ordinance meets the needs of the community now. Director Walgren explained that all that information was included in the Planning Commission staff report and was a basis for their recommendation. Tonight's topic was supposed to be a status report to the Council. Since its been heard and voted by the Commission, the proposed ordinance will come back to the Council for introduction with a similar staff report and background information that was submitted to the Commission and any other issues that have been addressed this evening. Commissioners Barry and Kurasch summarized their concerns about the inadequate discussion or information available to them in order to move forward at this time. • Vice Mayor Mehaffey noted there seems to be a difference in opinion among the Commissioners about the process and the discussion that took place in the Planning Commission. Although he understands how some of the Commissioners feel about moving forward at this time, the fence issue is an important issue and he would like to see as much input about it as possible and would like to see the issues raised by Commissioners Jackman, Barry and Kurasch, addressed tonight and also referred to in their email, addressed. He added that he would like to see the fence ordinance review return to the Planning Commission for further discussion and clarification of the points raised tonight. Mayor Bogosian believes there are some valid reasons why the fence ordinance was enacted. And, unless a compelling case can be made to change it, he would prefer not to. He does not think that a sufficient level of detail was reached in the Planning Commission discussion and it could be a very profitable discussion if it goes back to the Planning Commission. Chairperson Bernald summarized the items expressed by various members of the Council and the Commission to bring back to the Planning Commission for further review and discussion. Councilmember Streit requested the Planning Commission also consider the trails specifically those below Mt. Winery and along Mt. Eden. . Director Walgren suggested to table the fencing ordinance review until further information and discussion has developed regarding the deer issue. Discussion ensued. Mayor Bogosian said he would like to see this matter move forward and proposed that it go back to the Planning Commission to allow for more information and discussion, particularly on the issues addressed this evening. He reiterated he would not want to change the ordinance unless a compelling case is made. If the deer issue surfaces in the discussion, then perhaps the City should consider looking and dealing with that issue directly. Chairperson Bernald expressed her disappointment that the Council received communication from the Planning Commission without her knowledge and felt she could better represent the group, as Chair, if she was made aware of all the issues at hand. Mayor Bogosian explained it is reasonable for any Planning Commissioner to communicate with one or all of the Council individually as long as there is no ongoing communication amongst the Councilmembers that would constitute a violation of the Brown Act. Discussion ensued. Page 5 of 8 Minutes torGity Council ~ ~ - January 25; 2080 Adjourned Regular Meeting/Joiat Meeting with Piaening Commission ,ti:, In response, City Attorney Taylor clarified the Brown Act and Public Record Act regulations and procedures. ... Chairperson Bemald requested fora copy of the Email for her information. Mayor Bogosian said a copy of the Email would be made available to the. Planning Commission. Mayor Bogosian asked the pleasure of the Council. Councilmember Streit felt the fencing ordin2nce review should- stay with the Council and move forward to schedule it for public hearing. Vice Mayor Mehaffey would .like to return it to the Planning Commission to gather more information and discuss it further, including all of the issues that have been expressed tonight. Councilmember Waltonsmith supported it going back to the Planning Commission for more information and discussion. Councilmember Baker said he would be agreeable either way. Mayor Bogosian supported sending it back to the Planning Commission for more information and discussion. Mayor Bogosian declared at recess at 10:20 p.m. and reconvened at 10:30 p.m. o Review of Argonaut Elementary and Foothill .Elementary School Renovation Projects' Environmental Studies Director Walgren presented the. staff report. Mayor Bogosian said, as -Council liaison, he would be attending the Public Safety Commission tomorrow night. There were no other comments or discussion by the Council. • PROPOSED POLICY ON APPEAL CON~'INUANCES. Recommendation: Approve proposed policy. City Manager Perlin presented the staff report. Discussion ensued. STREIT/ BAKER MOVED TO APPROVE THE POLICY AS PROPOSED 5-0. 5. AGENCY ASSIGNMENT REPORTS. M OTION PASSED ~. Association of Bay Area Governments Mehaffey Streit Chamber of Commerce Board Bogosian Waltonsmith County Cities Assn. Leg. Task Force Streit ~ Baker County HCD Policy Committee Bogosian Waltonsmith Emergency Planning Council Baker Waltonsmith Hakone Foundation Liaison Bogosian Mehaffey KSAR Community Access TV Board Bogosian Baker Library Joint Powers Authority Board Mehaffey Streit North Cent. Flood Cont. Zone Adv. Committee Waltonsmith Mehaffey Penin. Div., League of Cal. Cities Streit Mehaffey Santa Clara Valley Water Commission Streit Baker Santa Clara County Cities Assn./ City Selection Committee Baker Waltonsmith SASCC Liaison Waltonsmith Bogosian Saratoga Business Development Council Mehaffey Waltonsmith Sister City Liaison Bogosian Mehaffey Page 6 of 8 1 ~J • • Minutes for City Council Adjourned Regular Meeting/Joint Meeting with Planning Commission • West Valley Solid Waste JPA Valley Transportation Authority PAC West Valley Sanitation District January 25, 2000 Streit Baker Waltonsmith Mehaffey Baker Mehaffey Councihnember Waltonsmith reported on SASCC meeting discussing concerns about the renovation of the Community Center and their search for a County Liaison; VTA, she attended the Silicon Valley Manufacturer's Group meeting discussing the SCA-3 passage for the November ballot; discussion with Sen. Sher regazding the Highway 85 repaving project and he would like to receive an update from the City on this project. City Manager Perlin replied he has contacted Sen. Sher's staff. Councihnember Baker reported on Emergency Preparedness Council's successful Countywide earthquake drill; Santa Claza Cities Association made their selections to fill various agency vacancies; a report from legislative analysts stated that the probability of cities getting additional rebate this yeaz from state budget excess is slim due to the focus of putting the money into education; West Valley Sanitation District - at the California Assn. of Sanitation Agencies conference there was discussion about the new rules and implementation thereof under EPA standazds for the Clean Water Act. Councilmember Streit reported on West Valley Solid Waste JPA's meeting regazding recycling • mandates, stating that Saratoga met those mandates, and the JPA will be asking the cities to develop an ordinance to recycle construction materials. Vice Mayor Mehaffey reported on SBDC's discussion about the Performance Arts Theater and stating that SBDC has asked that this item be agendized before the City Council to ask for the City's support and assistance in the process to revitalize the theater. Council concurred to bring it back on February 16, 2000. Other discussion included Caltrans' relinquishment of Sazatoga/Sunnyvale Road to the City, Azule Crossing, Celebrate Saratoga underway, directional signs program, PBIDs (Public Business Improvement Districts). Mayor Bogosian reported on discussions at the Chamber of Commerce retreat including curbside recycling; Hakone Strategic Plan Task Force discussed to develop a plan for 2005, he received an advanced copy of the lease with the City from Lon Saavedra which will come before the City Council at some point for discussion; KSAR discussions included the lawsuit with AT & T under closed session, and purchase of camcorder equipment for offsite use. Finally, as Council Liaison to the Library Commission, he received a request from the Commission asking two Councihnembers to assist phoning citizens to support the bond. 6. SELF EVALUATION OF PREVIOUS MEETINGS: January 5 and January 19, 2000. No comments. • 7. OTHER In response to Mayor Bogosian, City Manager Perlin replied that the status report of the Saratoga Creek settle agreement would be brought back on the next adjourned meeting. Councihnembers Baker commented he received an email from Ian Webb regarding maintenance of the monument signs entering Saratoga. City Manager Perlin replied it was referred to Public Works to look into the problem and will bring it to their attention again. Councilmember Waltonsmith received an email from Michael H. regarding the drinking facilities at Gardiner Pazk and wanted staff to look into it. She also asked if the SASCC concerns regarding the renovation would be agendized. Mayor Bogosian noted these items could be discussed at a joint meeting with Parks & Recreation Commission and SASCC in March. Councilmember Streit requested to agendize the trails non-compliance issue in March. City Manager Perlin noted it would make sense to put it on the agenda with the Pazks and Recreation Commission in March. Discussion ensued. Council concurred to agendize it in March. Page 7 of 8 Minutes tAr G:ity Gouneil - January.25,:2000_ Adjourned RegularMeetiug/Jeint .. . Meeting Kith Planning C•au~issioa ~~ • ~ ~ City Manager Perlin commented on the following: • The. Chamber- is inviting ~e ~ouncil~to .attend the dinner fior!the-Business Person of the Year, Pearl Medeiros. C:ouncilmamben~altonsmith said she would attend. • The legislative bill for TEA is in process andwnderway ~ ~A .copy of the legislative calendar will be provided to the Council so they can follow the legislative process. • The next meeting of February 2 will be held in .thre Adult Care Center. In response to Mayor Bogosian, Mr. Perlin replied that he contacted Sen. Sher's staff by telephone to write a letter to Caltrans, as requested by Council. His staff responded that rather than writing Caltrans a letter, they wanted to bring it up at an upcoming meeting with Caltrans to see what their position is at this time. ADJOURNMENT -Mayor Bogosian adjourned the meeting at 11:21 p.m. ro the next adjourned meeting of February 8~, 2000.. Respectfully yours, A. R G~Z~ City Clerk i ;: .~ .~: -~ • Page 8 of 8