HomeMy WebLinkAbout09-06-2006 City Council MinutesMINUTES
SARATOGA CITY COUNCIL
SEPTEMBER 6, 2006
The City Council met with the Planning Commission in the Senior Center located at
19655 Allendale Avenue at 5:30 p.m. to discuss the preliminary proposal for a future
Mixed-Use Development on located at 14428, 14440, and 14460 Big Basin owned by
Frank L. Burrell 1937 Trust.
The following Councilmembers were present: King, Streit, Waltonsmith, Vice Mayor
Kao, and Mayor Kline.
The following Planning Commissioners were present: Nagpal, Hunter, Hlava, Zhao,
Vice Chair Cappello, and Chair Rodgers.
Kenneth A. Rodrigues, Architect, presented a slide show of the preliminary proposal for
the project. Mr. Rodrigues noted that the project would include approximately 13,500
square feet of ground floor shops and restaurants. Above this commercial level would be
two levels of residential for sale units. Two additional 3-story buildings with entirely
residential for sale units would be situated behind a central courtyard space. Mr.
Rodrigues stated that this project proposes about 45 housing units that would vary in size,
but would average approximately 1,300 square feet in area. Mr. Rodrigues explained that
the plan also includes underground parking area with approximately 150 stalls. Mr.
Rodrigues noted that this design would be in a 1920's California courtyard design.
Mayor Kline invited the Planning Commissioners to comment on the proposed project.
Chair Rodgers noted that her concern was with the proposed height and density. Chair
Rodgers noted that the Village does not need any more sandwich shops or restaurants.
Commissioner Nagpal asked if there were enough livable units to be profitable.
Commissioner Nagpal noted that her concern is with the height and density.
Vice Chair Cappello suggested a meandering walkway between buildings and more retail
in the rear. Vice Chair Cappello recommend an architectural style that would fit more
into the Village.
Commissioner Hunter noted that she feels the design is not compatible with the rest of
the Village. Commissioner Hunter noted that nothing in the Village is close to 35 feet in
height.
Commissioner Zhao noted that her concern is potential traffic problems on Big Basin
Way and suggested more retail.
Commissioner Hlava noted that she feels there is not enough retail. Commissioner Hlava
noted that the Village needs a grocery store like a small Traders Joes. Commissioner
Hlava pointed out that the Village does not need any more restaurants.
Council discussion in regards to the proposed parking structure, potential hydrology
problems, and the number of housing units.
Mayor Kline noted that if there wasn't a third floor, underground parking may not be
necessary. Mayor Kline noted that a "mountain look", like Lake Tahoe's Incline Village,
building would be more compatible and stated that he would not support three stories.
Councilmember Waltonsmith noted that the Village can not loose any retail space.
Councilmember Streit noted that he likes the concept but two issues have to be solved:
1) Need more retail, 2) Decrease the number of housing units.
Vice Mayor Kao noted that her concern is the ratio between residential units and retail
space. Vice Mayor Kao noted that the Village is a very special place and this project
must be done correctly.
The following people requested to speak on this item:
J.J. Salehieh noted that he is completely against the proposed project and noted that the
maximum height allowed in the Village is 26 feet.
Steve Micheli noted hat the proposed drawing is not compatible with the Village. Mr.
Micheli noted that he is concerned potential traffic and speed issues.
Bob Cancellieri stated that he is very excited about that proposed project.
Marilynn Marchetti agrees that the Village needs revita]ization and suggested forming an
adhoc to work with the City and developers.
David Sorensen noted that he owns the property behind the site and has concerns
regarding the proposed height. Mr. Sorensen stated that he feels there would be potential
water problems if an underground parking structure were to be built.
Lee Ann Hernandez noted that she would not support three stories in the Village.
Jim Rosenthal stated that the Village needs a high quality grocery store.
Craig Awbrey noted that this project has great potential to help revitalize the Village but
the design needs to be more compatible to existing structures.
Rick Ratra noted that a few years ago he tried to open a car wash at his gas station but the
project was denied because of potential traffic problems. Mr. Ratra noted that this project
would also create traffic problems in the Village.
Dory Albert suggested an Oakville Grocery store, a small theater or a Stacks restaurant.
Greg Penn noted that he is in favor in regards to developing this site.
Gene Zambetti suggested that the proposed project look to obtaining a small grocery
store, hardware store, pharmacy, or a bakery. Mr. Zambetti noted he is concerned about
the proposed height of the structures.
City Council Minutes 2 September 6, 2006
Mayor Kline thanked everyone for attending tonight's study session and noted that he
looks forward to future discussions regazding this project.
The City Council met in Closed Session in the Administrative Conference Room, 13777
Fruitvale Avenue, at 6:30 p.m.
ANNOUNCEMENT OF CLOSED SESSION ITEMS
Existing Litigation - Alburez v. City of Saratoga et al. (Santa Clara County Sup. Ct. Case
No. lOCV065839) (Gov't Code 54956.9(a).)
Significant Exposure to Litigation (1 case) (Gov't Code 54956.9(b).)
MAYOR'S REPORT ON CLOSED SESSION
Mayor Kline reported there was Council discussion but no action was taken.
Mayor Kline called the Regular City Council meeting to order at 7:00 p.m. Mayor Kline
invited a member of Troop 566 to lead the Pledge of Allegiance.
ROLL CALL
PRESENT: Councilmembers Kathleen King, Nick Streit, Ann Waltonsmith,
Vice Mayor Aileen Kao, Mayor Norman Kline
ABSENT: None
ALSO Dave Anderson, City Manager
PRESENT: Bazbaza Powell, Assistant City Manager
Richazd Taylor, City Attorney
Cathleen Boyer, City Clerk
Michele Braucht, Administrative Services Director
John Livingstone, Community Development Director
John Cherbone, Public Works Director
REPORT OF CITY CLERK ON POSTING OF AGENDA FOR SEPTEMBER 6,
2006
Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2,
the agenda for the meeting of September 6, 2006, was properly posted on September 1,
2006.
ORAL COMMUNICATIONS
The following people requested to speak at tonight's meeting:
Citizen Ray suggested removing the Stone Pine trees in Blaney Plaza.
Cheriel Jensen referred to the study session that was held prior to the City Council
meeting. Ms. Jensen noted that the proposed design does not fit in the Village.
Devin Utter requested space at KMP or Azule Park for a Petanque court. Mr. Utter also
announced that he would be holding a Petanque demonstration at Wildwood Park on
September 17`h and October 151 from 1:00 p.m. to 3:00 p.m.
City Council Minutes 3 September 6, 2006
Jack Mallory reported that the July 4`h celebration at Azule Park was a huge success. Mr.
Mallory thanked Vice Mayor Kao for attending the event and Councilmember King for
underwriting the cost for the video service provided by KSAR.
Stan Bogosian noted that he was speaking tonight in support for the initiative to protect
the parks and open space. Mr. Bogosian noted that the voters in Saratoga should decide
on the use of parks and open space and this in turn would take the burden off of the City
Council.
Jenni Young Taylor addressed the study session that was held prior to the City Council
meeting. Ms. Taylor noted that she would not support a three story structure or an
underground parking structure in the Village.
Laura Watkins encourage t he citizens to pay close attention to the proposed initiative.
Ms. Watkins noted that it should be called "Private Parks Initiative". Ms. Watkins noted
that 350 Saratoga kids play soccer.
Denise Goldberg noted that the proposed initiative has two objectives:
1. Voter approval.
2. Implementation of a field use policy.
Priscilla Ho spoke in regards to the West Nile Virus and the treatment provided at the
Silicon Valley Wildlife Center.
Jeff Schwartz spoke in regards to the study session held prior to the Council meeting.
Mr. Schwartz noted that he would like to promote economic viability in the Village
without destroying the character of the Village. Mr. Schwartz noted that he would not
support a three story structure.
COUNCIL DIRECTION TO STAFF
Councilmember Waltonsmith requested that Mrs. Ho pass her information along to the
Wildlife Center.
COMMUNICATIONS FROM BOARDS AND COMMISSIONS
Linda Rodgers stated that she was the Chair of the Saratoga Planning Commission. Chair
Rodgers noted that the Council and Planning Commission held a joint study session prior
to tonight's meeting to discuss the preliminary proposal for a future mixed-use
development project located at 14428, 14440 and 14460 Big Basin Way. Chair Rodgers
noted that the developer wanted feedback and ideas and will come back to the Planning
Commission with another proposal incorporating the feedback they received this evening.
ANNOUNCEMENTS
Councilmember King announced that this Friday was Director Cherbone's birthday.
Barbara Powell, Assistant City Manager, introduced Jim Yoke the City's new Emergency
Services Coordinator. Assistant City Manager Powell explained that Mr. Yoke is a
shared resource between the Town of Los Gatos, City of Montes Sereno, and City of
Saratoga.
City Council Minutes 4 September 6, 2006
CEREMONIAL ITEMS
1 A. COMMENDATION HONORING BOY SCOUT TROOP 566
STAFF RECOMMENDATION:
Present commendations.
Mayor Kline read the commendations and presented them to members of Troop
566.
1B. PROCLAMATION -DECLARING NOVEMBER 9, 2006 AS "LUNG
CANCER AWARENESS DAY" IN SARATOGA
STAFF RECOMMENDATION:
Present proclamation.
Mayor Kline read the proclamation and presented it to Bonnie J. Addario.
SPECIAL PRESENTATIONS
2A. PHIL HARTLEY, WEST VALLEY COLLEGE PRESIDENT -
RESOLUTION PROCLAIMING SEPTEMBER 14, 2006 AS "CITY OF
SARATOGA DAY AT WEST VALLEY COLLEGE"
STAFF RECOMMENDATION:
Accept resolution.
President Phil Hartley, Chancellor Stan Arterberry and Boazd member Jeff
Schwartz, and Board member Jack Lucas presented the resolution to Mayor Kline.
Mayor Kline requested that New Business Item #10 be moved forward.
Consensus of the City Council to move Item #10 forwazd.
10. AGREEMENT CONCERNING JOINT USE OF WEST VALLEY-
MISSION COMMUNITY COLLEGE DISTRICT PROPERTY
STAFF RECOMMENDATION:
Approve agreement with West Valley-Mission Community College District for
use of District Property and authorize City Manager to execute the same.
John Cherbone, Public Works Director, presented staff report.
Director Cherbone briefly explained that purposed use agreement.
Elaine Clabeaux thanked Councilmembers Streit and Councilmember King for
working with West Valley College and urged the Council to approve the
agreement.
City Council Minutes 5 September 6, 2006
Denise Goldberg thanked Councilmembers Streit and Councilmember King for
working with West Valley College and urged the Council to approve the
agreement.
Suzanne O'Neall thanked the Council for the proposed agreement and urged the
Council to set funds aside to complete KMP.
Dave Mighdoll applauded the City's efforts to establish the proposed agreement
with West Valley College.
Jeff Schwartz noted that the proposed agreement was awin-win-win situation.
Mr. Schwartz noted that Chancellor Arterberry and City Manager Anderson
worked very hard to get to this point. Mr. Schwartz urged the Council to approve
the agreement.
STREIT/KING MOVED TO APPROVE AGREEMENT WITH WEST
VALLEY-MISSION COMMUNITY COLLEGE DISTRICT FOR USE OF
DISTRICT PROPERTY AND AUTHORIZE CITY MANAGER TO
EXECUTE THE SAME. MOTION PASSED 5-0.
CONSENT CALENDAR
3A. APPROVE CITY COUNCIL AMENDED MINUTES JULY 6, 2006
STAFF RECOMMENDATION:
Approve amended minutes.
STREIT/WALTONSMITH MOVED TO APPROVE AMENDED MINUTES
OF JULY 6, 2006. MOTION PASSED 5-0.
3B. APPROVE CITY COUNCIL MINUTES AUGUST 2, 2006
STAFF RECOMMENDATION:
Approve minutes.
STREIT/WALTONSMITH MOVED TO APPROVE AMENDED MINUTES
OF AUGUST 2, 2006. MOTION PASSED 5-0.
3C. CHECK REGISTER FOR 07/11/2006
STAFF RECOMMENDATION:
Accept register.
STREIT/WALTONSMITH MOVED TO ACCEPT CHECK REGISTER
FROM 07/11/2006. MOTION PASSED 5-0.
3D. CHECK REGISTER FOR 07/25/2006
STAFF RECOMMENDATION:
Accept register.
City Council Minu[es 6 September 6, 2006
STREIT/WALTONSMITH MOVED TO ACCEPT CHECK REGISTER ROM
07/25/2006. MOTION PASSED 5-0.
3E. TREASURER'S REPORT FOR THE MONTH ENDED JUNE 2006
(UNAUDITED)
STAFF RECOMMENDATION:
Approve report.
STREIT/WALTONSMITH MOVED TO APPROVE TREASURER'S
REPORT. MOTION PASSED 5-0.
3F. BUDGET AMENDMENT FOR THREE LIBRARY EXPANSION
PROJECTS
STAFF RECOMMENDATION:
1. Accept the report.
2. Adopt the resolution approving the amendments to the FY 2006-07
Library Capital Expansion Project Fund.
RESOLUTION: 06-067
STREIT/WALTONSMITH MOVED TO ADOPT THE RESOLUTION
APPROVING THE AMENDMENTS TO THE FY 2006-07 LIBRARY
CAPITAL EXPANSION PROJECT FUND. MOTION PASSED 5-0.
3G. MOTOR VEHICLE (MV) RESOLUTIONS PROHIBITING PARKING
STAFF RECOMMENDATION:
1. Move to adopt Motor Vehicle Resolution prohibiting parking on a portion of
Cox Avenue.
2. Move to adopt Motor Vehicle Resolution prohibiting parking along a
portion of Glen Brae
3. Move to adopt Motor Vehicle Resolution prohibiting parking along Blaney
Plaza
RESOLUTION: MV-252, 253, 254
STREIT/WALTONSMITH MOVED TO ADOPT MV RESOLUTIONS.
MOTION PASSED 5-0.
3H. RENEWAL OF TRAFFIC SIGNAL MAINTENANCE CONTRACT FOR
REPUBLIC ELECTRIC
STAFF RECOMMENDATION:
Renew contract with Republic Electric for the continued monthly maintenance
and on-call repair of Saratoga traffic signals.
STREIT/WALTONSMITH MOVED TO RENEW CONTRACT WITH
REPUBLIC ELECTRIC FOR THE CONTINUED MONTHLY
MAINTENANCE AND ON-CALL REPAIR OF SARATOGA TRAFFIC
SIGNALS. MOTION PASSED 5-0.
City Council Minutes 'J September 6, 2006
3I HIGHWAY 9 & OAK PLACE PEDESTRIAN IMPROVEMENTS -
AWARD OF CONTRACT
STAFF RECOMMENDATION:
1. Cancel existing contract with George Bianchi Construction.
2. Award new contract with George Bianchi Construction.
STREIT/WALTONSMITH MOVED TO CANCEL EXISTING CONTRACT
WITH GEORGE BIANCHI CONSTRUCTION AND AWARD NEW
CONTRACT WITH GEORGE BIANCHI CONSTRUCTION. MOTION
PASSED 5-0.
3J. BLANEY PLAZA IMPROVEMENTS -CHANGES TO EXISTING
CONTRACT
STAFF RECOMMENDATION:
Approve additional scope of work.
STREIT/WALTONSMITH MOVED TO APPROVE ADDITIONAL SCOPE
OF WORK FOR BLANEY PLAZA IMPROVEMENTS. MOTION PASSED 5-
0.
3K. 2006 PAVEMENT MAINTENANCE PROGRAM -AWARD OF
CONTRACT
STAFF RECOMMENDATION:
Award contract to Graham Contractors.
STREIT/WALTONSMITH MOVED TO AWARD CONTRACT TO
GRAHAM CONTRACTORS FOR THE 2006 PAVEMENT
MANAGEMENT PROGRAM. MOTION PASSED 5-0.
3L. RESOLUTION DELEGATING AUTHORITY TO CITY MANAGER TO
EXECUTE FUNDING AGREEMENTS WITH THE CALIFORNIA
DEPARTMENT OF TRANSPORTATION
STAFF RECOMMENDATION:
Adopt resolution delegating authority to City Manager to execute funding
agreements made between the City and the California Department of
Transportation.
RESOLUTION: 06-068
STREIT/WALTONSMITH MOVED TO ADOPT RESOLUTION
DELEGATING AUTHORITY TO CITY MANAGER TO EXECUTE
FUNDING AGREEMENTS MADE BETWEEN THE CITY AND THE
CALIFORNIA DEPARTMENT OF TRANSPORTATION. MOTION
PASSED 5-0
Ciry Council Minutes g September 6, 2006
Mayor Kline requested that New Business #9 be moved forward.
Consensus of the City Council to move New Business #9 forward.
9. RESOLUTION SUPPORTING THE TOBACCO TAX ACT OF 2006
STAFF RECOMMENDATION:
Adopt resolution.
RESOLUTION: 06-073
Erica Spacher, noted that she was present this evening to urge the Council to
support Proposition 86.
Mayor Kline noted that he would be abstaining from the vote because he has not
made up his mind if he would be supporting Proposition 86.
KAO/KING MOVED TO ADOPT RESOLUTION SUPPORT THE
TOBACCO TAX OF 2006. MOTION PASSED 4-0-1 WITH KLINE
ABSTAINING.
PUBLIC HEARINGS
APPLICATION 07-040 -APPEAL OF PLANNING COMMISSION'S
DESIGN REVIEW APPROVAL OF APPLICATION #04-359 ,WHICH
PROPOSES A NEW HOME AT 19930 SUNSET DRIVE
STAFF RECOMMENDATION:
Conduct public hearing. Uphold the Planning Commission decision and deny the
appeal filed in application 07-040, and grant Design Review approval of
application 04-359 subject to conditions.
RESOLUTION: 06-069
Richard Taylor, City Attorney, noted that he would be stepping down from the
dais due to a conflict of interest. City Attorney Taylor introduced Dan Siegel who
would be acting city attorney on this item.
Lata Vasudevan, Senior Planner, presented staff report
Planner Vasudevan reported that the applicant proposes to construct aone-story
Santa Barbara-style home with a basement on a 72,228 (net) sq. ft. lot. The
proposed home will be 5,574 square feet in floor area (including garage) with a
5,181 square foot basement. A 728 square foot detached second dwelling unit is
also proposed. The proposed height of the home will be approximately 24 feet 9
inches as measured from the average natural grade. The proposed second dwelling
unit will be approximately 18 fl. in height. The property is currently within Santa
Clara County but is in the process of being annexed to the City. A resolution
initiating the annexation was adopted by City Council on June 7, 2006 and another
resolution finalizing the annexation will be scheduled for City Council review and
approval in the near future. With the pending annexation, this project is reviewed
in accordance with the requirements of the pre-zoning designation of this parcel,
City Council Minutes 9 September 6, 2006
which is the Hillside Residential [HR] District.
Planner Vasudevan noted that this proposed project was presented to the Planning
Commission at a duly noticed public hearing on July 12, 2006. At this public
hearing for the proposed project, the Planning Commission granted Design Review
approval with conditions on a 4-0 unanimous vote, with three Commissioners
absent. The public testimony and discussion that occurred prior to granting Design
Review approval is documented in the Planning Commission minutes. On July 27,
2006, Alan and Meg Giberson, who own a neighboring pazcel to the south of the
subject project site, filed an appeal of Planning Commission's Design Review
approval of this project.
Planner Vasudevan stated that a resolution denying the appeal has been prepared
for City Council adoption. Relevant background documents, including the Staff
Report, Planning Commission minutes of July 12, 2006 and a copy of the appeal
application filed by Alan and Meg Giberson, are included in the packet materials.
As of the writing of this report, Staff has not received any substantive public
comments relating to the appeal of this project.
Mayor Kline opened the public hearing and invited public comments.
Meg Giberson pointed out that they were appealing this project because of the way
it affects them. Mrs. Giberson noted they live in a four house cu]-de-sac and two
homes were recently 80% remodeled. Mrs. Giberson stated that following
• Saratoga's previous inadequate environmental review should not be
repeated.
• Appropriate time for review is now.
• Drainage plan inadequate for soils, slope conditions, existing drain system.
• Public records act denial of plans has been prejudiced our ability to review
and comment adequately on the Byrd project.
• Inaccurate project description, inadequate review and Planning
Commission decision cannot stand.
Mrs. Giberson pointed out that a hydro geologist report has not been performed
but, she is glad to hear that the applicant is looking into the drainage issues. Mrs.
Giberson provided the Council with photos of the Birenbaum driveway that
flooded due to inadequate drainage system. Mrs. Giberson also requested that the
effects on Willow Creek Canyon be mitigated.
Alan Giberson requested that the Council overturn the Planning Commission
decision and deny the design approval for the proposed development.
Bill Matsen noted that he was the project architect. Mr. Masten stated that as an
architect he feels that he did his job accurately including working with the
neighbors, looking at the site's unique character, consideration of the beautiful
trees on the property, and taking in consideration of the grading and the slope of
the property. Mr. Masten also noted that the Planning Commission also felt that
they performed their job sufficiently by supporting this project 4-0. Mr. Masten
noted that this was a development for a family who are currently Saratoga
residents. In regards to the photos of the Birenbaum property, Mr. Masten pointed
out that if you look closely at the photo you would notice that the road was under
construction. In addition the Giberson's suggested rotating the garage, Mr. Masten
City Council Minutes 1 Q September 6, 2006
stated that it would be detrimental to the trees that are most adjacent. Mr. Masten
stated that they did submit a geotechnical report, which is part of the City's
application process.
Councilmember Waltonsmith stated that she heard yesterday at the site visit that
they were offering an addition to the drainage system
Mr. Mastin responded that in order to mitigate another complaint by the
Giberson's a French drainage system will be installed.
Mayor Kline asked if the would support adding the French Drain system to the
Conditions of Approval.
Mr. Mastin agreed to add the drainage system to the conditions of approval.
Jolie Houston stated that she represented the property owner Mr. Byrd. Ms.
Houston stated that at on behalf of her client they accept condition #17. Ms.
Houston stated that they have done everything possible to make this a good
project. Ms. Houston stated that this project is categorically CEQA except. In
regards t o the water problems they have agree to install an additional storm drain.
Mike Byrd noted that he was the property owner and stated that he intends to live
in this house with his family. Mr. Byrd stated that they have been working on this
project for the past three years.
Jan Birenbaum noted that she supported the proposed project. In regards to the
photos submitted by the Giberson's, Mrs. Birenbaum stated that it did flood from
time to time, but less now since some eucalyptus trees have been removed. it does
occasionally flood
Linda Rodgers, Panning Commission Chair, stated that the Commission approved
this project 4-0. In regards to the runoff issue it is addressed in the conditions of
approval item number 12.
Mayor Kline closed the public hearing.
Attorney Segal noted that the as part of the Conditions of Approval the following
will be added: "Applicant will indemnify, hold harmless and defend the City, its
employees, agents and independent contractors from any and all costs and
expenses, including but not limited to attorneys' fees incurred by the City or held
to be the liability of City in connection with the City's defense in any proceeding
brought in State or Federal Court challenging the City's action with respect to the
applicant's project or contesting any action or inaction in the City's processing
and/or approval of this application, including, but not limited to, any public record
act litigation, due process litigation or copyright infringement litigation."
WALTONSMITH/STREIT MOVED TO UPHOLD THE PLANNING
COMMISSION DECISION AND DENY THE APPEAL FILED IN
APPLICATION 07-040. AND GRANT DESIGN REVIEW APPROVAL OF
APPLICATION 04-359 SUBJECT TO CONDITIONS ADDING A FRENCH
DRAIN SYSTEM #17 HOLD HARMLESS CLAUSE #18 THE
CONDITIONS OF APPROVAL. MOTION PASSED 5-0.
City Counci] Minu[es ] 1 September 6, 2006
5. APPEAL OF THE COMMUNITY DEVELOPMENT DIRECTOR'S
DECISION CONCERNING THE PAINT COLOR AT 19418 REDBERRY
DRIVE
STAFF RECOMMENDATION:
Deny the appeal thereby upholding the administrative decision made by the
Community Development Director.
John Livingstone, Community Development Director, presented staff report.
Director Livingstone explained that in 2003 the Council considered the proposed
initiation of annexation proceedings For three Redberry Drive parcels. During the
same time period the appellant had submitted an application not the County for a
new house that was not contiguous to the City and not within the City's review.
When the annexation to the City became imminent, t he appellant decided to enter
into an agreement with the City and the neighbors to allow the house to continue
through the process with the County and have the City responsible for the building
permit, grading, and tree protection process. Director Livingstone pointed out that
the agreement included specifics concerning the color of the proposed house.
Director Livingstone reported that upon final inspection on the property located at
19418 Redberry Drive, staff found that the primary house color and trim color
were not in conformance with the agreement. Director Livingstone noted that the
landowner has appealed staff's interpretation of the agreement.
Mayor Kline opened the public hearing and invited public comments.
Bart Heckman noted that an amendment to pre-annexation agreement has been
submitted bearing all signatures of all parties to the Agreement. This agreement
addresses the issues which are subject of the appeal; the Navi's appeal would be
withdrawn if the Council approves the pre-annexation agreement before them this
evening.
Wanda Kownacki noted that she supported that proposed agreement.
Mayor Kline closed the public hearing.
STREIT/WALTONSMITH MOVED TO APPROVE THE AMENDMENT TO
PRE-ANNEXATION AGREEMENT. MOTION PASSED 5-0.
CONSIDERATION OF REPORT ON INTERIM MORATORIUM ON USES
INCONSISTENT WITH PRIOR DESIGN REVIEW APPROVAL
STAFF RECOMMENDATION:
1. Refer to the Planning Commission a proposed ordinance that prohibits uses
that are inconsistent with prior design approvals for recommendation back
to City Council; or
City Council Minutes 12 September 6, 2006
2. Direct staff to prepare an refer to the Planning Commission a proposed
ordinance that authorizes the Planning Commission to impose permanent
design review conditions on a case-by-case basis; or
3. Direct staff to allow the urgency ordinance to expire on its own terms on
November 20, 2006.
Richard Taylor, City Attorney, presented staff report.
City Attorney Taylor briefly explained the proposed ordinance and pointed out that
it expires on November 2006.
City Attorney explained two possible approaches to amending the City Code.
First, would involve adopting a code provision comparable to the requirements
now in effect under Ordinance 233. This would have the effect of making
permanent all design review conditions for all projects approved since January 1,
2004. Changes to structure or related landscaping that are inconsistent with the
earlier design review conditions be made, but only after approval by the entity that
issued the original design review approval.
City Attorney Taylor stated that second approach would involve amending the
design review requirements of the City Code to authorize the entity issuing the
design review approval to specify those conditions that must remain in effect
following final sign-off of the building permit. This would allow some flexibility
with respect to future changes in a home but would allow staff or the Planning
Commission to specify particle aspects of the design that are required to remain in
effect in order to address neighbor or other particular concerns raised during the
design review process.
City Attorney also noted that Council does have the option of allowing Ordinance
233 to expire on its own terms. This would allow changes to projects that have
been the subject of design review without subsequent design review unless the
changes are substantial enough to trigger the existing design review requirements
for remodel.
Discussion amongst the City Council whether or not to make recordation part of
design review conditions and/or allow the Planning Commission to stipulate which
conditions are recorded and which are not.
Mayor Kline opened the public hearing and invited public comments.
Linda Rodgers noted that she was the Chair of the Planning Commission. Chair
Rodgers noted that that the Planning Commission voted to require recordation on a
case by case basis.
Dave Mighdoll requested that the Council make all conditions permanent. Mr.
Mighdoll noted hat he supported option #l.
Joan Smith noted that she supported all conditions of approval are permanent and
have no time limit.
Mayor Kline closed the public hearing
City Council Minutes ] 3 September 6, 2006
WALTONSMITH/KING MOVED TO SEND ITEM TO THE PLANNING
COMMISSION TO DECIDE WHICH OPTION TO MOVE FORWARD
WITH: RECORDATION REQUIRED IN BOTH OPTIONS. MOTION
PASSED 3-2 WITH STREIT AND KLINE OPPOSING.
CAPITAL IMPROVEMENT PLAN (CIP) -FISCAL YEAR 06-07 UPDATE-
PUBLIC HEARING AND ENVIRONMENTAL IMPACT ASSESSMENT
STAFF RECOMMENDATION:
1. Receive report, conduct Public Hearing, and provide direction to staff.
2. Adopt attached Environmental Impact Assessment for new CIP projects
(Attachment 2).
3. Adopt Resolution amending the Fiscal Year 06/07 Budget reflecting
Council direction from the July 19`h and August 2"d City Council Meetings
(Attachment 3).
4. Adopt final CIP Project list (Attachment 4).
RESOLUTION: 06-070 & 071
John Cherbone, Public Works Director, presented staff report.
Director Cherbone reported that this was the last stage of the 2006/2007 update of
the CIP, which was set in motion at the July 19`h and August 2"d City Council
meetings. Director Cherbone noted that the main focus of this meeting was to
review the Environmental Impact Assessment of the new projects and adopt a
resolution amending the 06/07 budget in connection with CIP.
Director Cherbone noted that on August 23`d the Planning Commission reviewed
the ten new CIP projects for General Plan Conformity and found no issues in
connection with the General Plan.
In regards to the Environmental Assessment all 10 new projects are all classified
as categorically exempt.
Mayor Kline opened the public hearing and invited public comments.
Mayor Kline closed the public hearing
WALTONSMITH/STREIT MOVED TO ADOPT ENVIRONMENTAL
IMPACT ASSESSMENT FOR NEW CIP PROJECTS: ADOPT
OLD BUSINESS
None
City Council Minutes 14 September 6, 2006
PROJECT LIST. MOTION PASSED 5-0.
NEW BUSINESS
8. REVIEW OF THE ADMINISTRATIVE DESIGN REVIEW PROCESS
STAFF RECOMMENDATION:
Accept report and direct staff accordingly.
John Livingstone, Community Development Director, presented staff report.
Director Livingstone explained that on June 7, 2006, the Council directed staff to
prepare a report reviewing the Administrative Design Review Process in response
to several speakers' comments. On July 19`h staff prepared a staff report outlining
the Design Review process currently being used in the City. At this meeting
Council formed an Ad Hoc Committee to review the Administrative Design
Review process. Mayor Kline and Councilmember Waltonsmith volunteered to be
on this Ad Hoc Committee.
Director Livingstone noted that that the Ad Hoc Committee reviewed the
Administrative Design Review process and come up with several ideas to improve
the process. The committee met with the Chair of the Planning Commission, City
Manager and Community Development Director. Staff has determined that the
recommendation of the Ad Hoc can be implemented immediately at a staff level.
The more substantial changes that require a code amendment would be reviewed
by the Planning Commission and brought back to the Council for final adoption.
Director Livingstone stated that one of the issues reviewed buy the Ad Hoc
Committee was whether applicants should be required to state if they are
developers or future neighbors. Although this item was discussed by the
Committee as a concern raised by a neighbor, no plausible solution was found to
address the issue that could withstand legal scrutiny.
Don Whetstone noted that the City's current process is not working and suggested
that the City hire an architect to perform administrative design review.
Jim Sorden noted that he supported story poles if they are certified by a land
surveyor.
Rosa Bencuya noted that she supported that the plan should be signed by the
surrounding neighbors.
WALTONSMITH/KING MOVED TO DIRECT STAFF TO IMPLEMENT
THE FIRST THREE RECOMMENDATIONS IN STAFF REPORT AND
DIRECT STAFF TO TAKE THE FIRST THREE POTENTIAL CODE
AMENDMENTS TO THE PLANNING COMMISSION AND RETURN TO
CITY COUNCIL WITHIN SIXTY DAYS. MOTION PASSED 5-0.
City Council Minutes 15 September 6, 2006
ADHOC & AGENCY ASSIGNMENT REPORTS
Mayor Kline had no reportable information.
Vice Mayor Kao had no reportable information
Councilmember Streit reported the following information:
City/School AdHoc -continuing to wok with the various schools to locate and secure
alternative field use sites.
Councilmember Waltonsmith reported the following information:
Saratoga Historic Foundation -McWilliams house is under construction.
Sister City Liaison - 25 delegates from Muko, Japan will be participating in the 50`h
Anniversary Parade.
Councilmember King reported the following information:
Villase AdHoc -working on an acceptable news rack ordinance.
TEA AdHoc - AB 117 was approved by the Senate and is waiting for the Governor's
signature.
CITY COUNCIL ITEMS
None
CITY MANAGER'S REPORT
None
ADJOURNMENT
There being no further business Mayor Kline adjourned the regular meeting at 11:45 p.m.
City Council Minutes 1f September 6, 2006