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HomeMy WebLinkAbout10-05-1994 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, October 5, 1994 - 6:45 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting The City Council convened for a Special Meeting for the purpose of conducting Parks and Recreation Commission Interviews in the Administration Meeting Room in New Wing of City Hall. Dale Drumm and Morris Jones were interviewed. The regular meeting was called to order at 7:35 p.m. by Mayor Burger. Pledge of Allegiance - 7:35 p.m. - lead by Angie Fredrick, Public Safety Commissioner 1. ROLL CALL Councilmembers Present: Jacobs, Moran, Tucker, Wolfe, Mayor Burger Staff Present: City Manager Peacock; City Attorney Riback, City Engineer Perlin 2. CEREMONIAL ITEMS A. Proclamation honoring Dr. Morihito Nagai Mayor Burger informed the City Council and the public that the proclamation honoring Dr. Morihito Nagai was prepared at her request and that she would take it with her when she travels to Japan. Dr. Nagai is to be honored at a special ceremony to be held at his home town while in Japan. COUNCILMEMBERS MORAN/TUCKER MOVED TO APPROVE THE PROCLAMATION HONORING DR. MORIHITO NAGAI. THE MOTION CARRIED UNANIMOUSLY (5-0). B. UN Day Proclamation Mayor Burger proclaimed October 24, 1994 as United Nations Day in Saratoga and Marilyn White to serve as Chairperson of the UN Day Committee on behalf of the Saratoga City Council. 3. ROUTINE MATTERS A. Approval of Minutes - 9/16; 9/21; 9/27 The above minutes were approved as submitted. B. Approval of Warrant List COUNCILMEMEER8 TUCKER/MORAN MOVED TO APPROVE THE WARRANT LIST. THE MOTION PASSED UNANIMOUSLY (5-0). C. Report of City Clerk on Posting of Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on September 30.' 4. CONSENT CALENDAR A. Previously-Discussed Items - None. B. New Items 1) Planning Commission Actions, 9/28 - Note and file. 2) Finance Advisory committee Minutes, 8/1 - Note and file. 3) Public Safety Commission Minutes, 9/12 - Note and file. City Council Minutes 2 October 5, 1994 4) Santa Clara county OperationalArea Disaster Response and Recovery Organization InterimAgreement 5) Approval of CDBG County/city Contract for FY 1994-95 Councilmember Moran requested that item 4.B.5) be removed from the consent calendar for further discussion. COUNCILMEMBERS MORAN/WOLFE MOVED TO APPROVE CONSENT CALENDAR ITEMS 4.B. 1-4. THE MOTION PASSED UNANIMOUSLY (5-0). Councilmember Moran stated that there! was a small oversight in the CDBG Contract located on Page 8, VI.B. of said contract. She recommended that Carolyn King be inserted indicating that she would be serving as the CDBG Coordinator. COUNCILMEMBERS MOI~N/WOLFE MOVED TO APPROVE CONSENTCALENDAR4.B.5) AS AMENDED. THE MOTION PASSED UNANIMOUSLY (5-0). 5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. REPORT FROM STAFF: FOLLOWUP ON PREVIOUS ORAL COMMUNICATIONS - None. B. ORAL COMMUNICATIONS Jeff Schwartz, San Marcos Road, offered the following three suggestions for conducting City Council meetingsz 1) public hearings of city-wide interest be opened at 8:00 p.m. and that those items that are of narrow geographic interest be placed on a separate night, a study session, an adjourned meeting or be heard later in the agenda~ 2) that the City Council revert back to a previous policy relative to "Oral Communication" and drop the 15 minute limit (retaining new policy restricts public communication)~ and 3) that the Council drop the "muzzle policy" with regard to Commissioners (if a Commissioner wanted to advocate its position, it was their right to do so). Me felt that these three suggestions would improve public access, improve public participation and provide for open communication. C. WRITTEN COMMUNICATIONS 1) Memo from Public Safety Commission recommending Priority Locations for School Crossing Guards and School Safety Report City Manager Peacock reported on this item. He informed the Commission that the Public Safety Commission was asking that the City Council adopt and endorse the Commission~s recommendation for safe route to school standards and the location for crossing guards along with other issues as listed in the staff report. Mayor Burger informed the Council that members from the Public Safety commission were present this evening to respond to any questions which it may have. Council Member Tucker questioned if 'the Commission received any input from the one school that was lacking response. Eugene O'Rorke, Acting Chair, Public Safety Commission, res[~onded that the Commission has not received any input from the school. Councilmember Wolfe requested clarification as to who was responsible for the 45 school crosswalks and their annual maintenance (City or school). City Manager Peacock responded that the City paid for the installation of the crosswalk markings. Councilmember Wolfe questioned if the schools have worked with the Public Safety Commission in putting this report together and whether there was an agreement with the schools. Angie Fredrick informed the City Council that she and Gene O~Rorke have been working with the schools. She stated that the Public Safety Commission has prioritized the results from the schools and that'there has been discussion with the school districts regarding the City Council Minutes 3 October 5, 1994 commission's recommendation. The school districts may be aware of some of the recommendations, but maybe not all of them. Councilmember Jacobsquestioned if the schools have indicated that they would be willing to contribute one half of the matching funds. Ms. Fredrick responded that the school districts have not agreed to the one half matching fund. All but one school that she has spoken with have expressed concern regarding the funding. She informed the City Council that the Public Safety Commission recommends that both the City and the school districts contribute towards the crossing guard fund. Councilmember Jacobs questioned what assurances there would be that schools would contribute their share? Ms. Fredrick responded that a mechanism would be established once the Council approves the report. Mr. O'Rorke informed the Council that the Commission hesitated to take any further action until there was City Council concurrence that the recommendations were acceptable. If the Public Safety Commission's report and recommendations were accepted tonight, the schools would be contacted to attain their concurrence and agreement. He stated that the school districts may choose not to make that commitment to the Commission but rather to hold off on a decision until there was a joint meeting with the City Council. Councilmember Moran noted that the Commission was suggesting that the schools use PTA raised funds to pay for the crossing guards. She questioned if the Commission has spoken with the schools to determine their willingness to reprioritize their expenditures from the PTA funds. Mr. O'Rorke responded that the Commission has not contacted the schools but that it would do so. He hoped that the Commission can convince the school districts that contribution towards providing crossing guards was a priority for the safety of the children. Councilmember Wolfe stated that it has been his observation that solutions to problems come through communication. He commended and thanked Ms. Fredrick, Mr. O'Rorke and the'Public Safety Commission for their good work. Councilmember Tucker commented that she found the report very thorough and that the Commission looked at all'possible solutions. She commended the Commission for its work. She found it interesting that a couple of schools had a high percentage of individuals driving to school (95%). She hoped that carpooling and working together as a community with the schools would allow for providing a safe atmosphere for students. City Manager Peacock reminded the Council as to the previous discussion about crossing guard funding and prioritizing.' The City council has previously expressed concern about the schools' lack of development of a carpooling program. He informed the Council that there were three school districts and two private schools that were going to be involved in this program. He felt that it would be difficult for the Council to meet with three different school boards todiscuss this report. He felt that it would require three separate meetings and that it may be necessary to ask the Public Safety Commission or staff to work directly with the school administration. Mayor Burger reco~unended that the Public Safety Commission work with the School District and a member of staff rather than scheduling a number of meetings with the different school boards. Councilmember Moran stated that some of the schools with the higher percentages were not in the Saratoga School District and that they would need to be contacted regarding the carpooling policy. COUNCILMEMBERS TUCKER/WOLFE MADE A MOTION TO REAFFIRM THE COUNCIL POLICY REGARDING CROSSING GUARDS AND A CARPOOLING PROGRAM. ALSO, THE APPROVAL OF THE PUBLIC SAFETY COMMISSIONmS RECOMMENDATION ~ APPOINTMENT OF THE PUBLIC SAFETY COMMISSION TO FURTHER I~vzSTIGATE THI8 ISSUE WITH THE SCHOOLS. City Council Minutes 4 October 5, 1994 Councilmember Jacobs requested that the motion be divided so that there is a separation of the reaffirmation of the policies from the Public Safety Commission recommendations because he was opposed to a portion of the recommendation. COUNCILMEMBERS TUCKER/WOLFE WITHDREW THEIR MOTION. COUNCILMEMBERS TUCKER/WOLFE MOVED TO REAFFIRM THE PREVIOUS COUNCIL POSITION ON THE ESTABLISHMENT OF A CABPOOLING PROGRAM AND CROSSING GUARDS. THE MOTION PASSED UNANIMOUSLY (5-0). COUNCILMEMBER TUCKER/WOLFE MOVED TO APPROVE THERECOMMENDATIONS AS SET FORTH BY THE PUBLIC SAFETY COMMISSION. Councilmember Jacobs commented that he had a problem with recommendation 5 regarding the school sponsoring fund raising activities. He stated that he was not opposed to the school contributing or that they conduct fundraising events. However, he recommended that the City require a mandatory contribution. It would be up to the schools to determine its source for funding. He expressed concern with the problem which would arise should some schools meet their target and others don't. It would be easy to say that if a school doesn't meet its target, it would not get a crossing guard. He recommended that the City continue with the policy until such time that the City could meet with the schoole to determine whether they would agree to a mandatory contribution. How the schools met that contribution would be up to them. If the school district do not contribute towards the crossing guards, then the City could fund only the five areas of top priority. He recommended that Recommendation 5 be amended to read: "That the schools sponsor ="-~ ....... ~ .......... 4~epay for 1/2 of the salary of each required adult crossing guard .... " COUNCILMEMBERS JACOBS/TUCKER MOVED TO AMEND RECOMMENDATION 5 TO READ: ,,THAT THE SCHOOLS ............................... PAY FOR 1/2 OF THE SALARY OF EACH REQUIRED ADULT CROSSING GUARD .... " IN THE ABSENCE OF THAT FUNDING, THE CITY WOULD ONLY FUnD THE FIRST FIVE PRIORITY CROSSING GUARDS. THE MOTION CARRIED UNANIMOUSLY (5-0). COUNCILMEMBERS JACOBS/TUCRER MOVED TO APPROVE THE PUBLIC SAFETY COMMISSION RECOMMENDATIONt WITH THE AMENDED RECOMMENDATION 5. THE MOTION CARRIED UNANIMOUSLY (5-0). COUNCILMEMBERS TUCKER/MORAN MOVED TO APPOINT THE PUBLIC SAFETY COMMISSION TO WORK FURTHER WITH THE SCHOOLS TOWARDS THE IMPLEMENTATION OF THE RECOMMENDATIONS. THE MOTION CARRIED UNANIMOUSLY (5-0). Councilmember Moran questioned the status of the response to Mr. DeKeczer's letter sent to the Council under written communication regarding his need for a guard rail to protect his property. city Engineer Perlin informed the Council that he has spoken with Mr. DeKeczer and that City staff has visited the area. City Engineer Perlin stated that he was awaiting for a reply from Mr. DeKeczer, after which, the City would proceed to install the guardrail. 6. OLD BUSINESS - None. 7. NEW BUSINESS A. Memo Authorizing Publicity for Upcoming Hearings - Greenbriar Appeal COUNCILMEMBERS TUCKER/JACOBS MOVED TO AUTHORIZE THE PUBLICITY FOR UPCOMING HEARING(S) - GREEKBRIAR APPEAL. THE MOTION CARRIED UNANIMOUSLY (5-0). 9. CITY COUNCIL ITEMS A. Oral Communications (continued) and instructions to staff regarding actions on cur:rent oral communications B. Agency Assignment Reports city council Minutes 5 October 5, 1994 Councilmember Wolfe reported on the following: the Housing Development Policy Committee would be meeting tomorrow evening; the Hakone Foundation held a luncheon meeting today for its volunteers; the County Cities Association Legislative Task Force were reviewing two major items, one was a rewrite to the constitution of the State of California and the other was working with the Assembly and Finance Committee on how the various aspects of their work affects Santa Clara County cities. A meeting is to be held with Assemblyman John Vasconcellos to address these issues. Councilmember Moran reported that the Sister City Committee met last night and was preparing for their trip to Japan in November. Councilmember Tucker reported that the LGM Committee, a subcommittee of ABAG, was working on rewriting the constitution. She noted that she previously distributed proposed revisions to the Council. The subcommittee is requesting Council response. She requested that this item be agendized for a work session to be scheduled before October 20 because the rewrite of the constitution would be voted upon by the subcommittee at its October 20 meeting. She recommended that a Tuesday work session be scheduled and that she did 'not believe that the discussion would take more than a half an hour. She also reported that the Santa Clara County Cities Association conducted a dinner meeting and that she found it to be interesting and informative. The District Attorney, Palo Alto Police Chief, and a Public Defender were present to address the Association on crime. Mayor Burger suggested that discussion on ABAG's rewrite of the constitution be held on October 11 at the joint meeting with the Planning Commission. City Manager Peacock recommended that the Council conduct the work session on October 11 at 7:00 p.m. to discuss ABAG's constitution rewrite. He informed the Council that the only other item on the agenda besides the joint City Council/Planning Commission workshop was a small budget adjustment item. IT WAS THE CONSENSUS OF THE COUNCIL TO MEET AT 7:00 P~M. TO DIBCOSS ABAG'S CONSTITUTION REWRITE, FOLLOWED BY THE JOINT CITY COUNCIL/PLANNING COMMISSION WORK SESSION. Mayor Burger reported that at the Mayors and Managers meeting, the opening of 1-85 and an update of the Library Campaign were both discussed. She indicated that there was also some discussion as to security provisions. A decision would be made by the Transit District and the Congestion Management Agency as to whether the security provisions should be private or public security. City Manager Peacock commented that one of the issues was that of how to handle the booking fees that would occur with the use of a private security agency. Local law enforcement agencies would be called upon to assist which would result in a booking fee. That would result in a direct cost to the cities involved. Cities were trying to look at ways in which to contract with CMA to pay for booking fees so that the Cities would not incur additional expenses. Mayor Burger also reported that one other item was brought up by Monte Sereno at the Mayors and Managers meeting. She informed the Council that Monte Sereno has agreed to take the lead in exploring ways in which cities could get involved with the County's General Plan Updates early in the process. C. General Council Items 1) Agenda items for adjourned regular meeting with Finance Committee October 25 a) Housing Assistance Policy b) Park Development Priority and Financing subcommittee Mayor Burger noted that the Charter of the Finance Advisory Committee should be included on the October 25 agenda. City Council Minutes 6 October 5, 1994 2) Appointment of Parks and Recreation Commissioners Mayor Burger informed the public that the City Council has made a decision following its interview of two other applicants for the Parks and Recreation Commission. She stated that at this time she would delay a public announcement because= she has not personally had the opportunity to call each applicant andlet them know what the outcome of the interviews were this evening. The Council has decided that it would be more appropriate if each one of the candidates were notified personally before a public announcement was made. 8. PUBLIC HEARINGS - 8:~0 pm. A. Proposals from the Con=~unlty Foundation of Santa Clara County on Disposition of the Property known as Nelson Gardens to either deed 2 acres of the property to the City (which the City would agree to retain for a period of at least 5 years) for development approval of a five lot residential subdivision on the remaining 3 acres or, in the alternative, for the city to receive a contribution of $640,000 'to its Park Development Fund in exchange for development approval of a 10 lot residential subdivision, or $585,000 for approval of a 9 lot residential subdivision. Approval of a development of fewer than 9 lots would result in a reduction of contribution to the Park Development Fund of $64,000 for each lot less than 9 in ~-mher. Mayor Burger indicated that additional written communications have been received this evening as follows: Mr. and Mrs. DiMartini; Saratoga Hill Road Association, signed by Mike Clair, president; Mr. and Mrs. Mike Clair; Mr. and Mrs. Reuben Young; Ann and Rick Waltonsmith; Cloths Fashion Trousers and Apparel, the Community Foundation of Santa Clara County; Dean Weston; Alberta and C. Jorgenson; Patrick and Rose Conway; and Margaret and Luis Jacobs. City Manager Peacock reported that the City Council had options to consider this evening. One option was to provide for a donation of two acres to the City. The second option would be to provide for the donation of funds to the City for the rights to develop the property as outlined in the City Manager's staff report dated October 5, 1994. Councilmember Moran, questioned the priority of the Kevin Moran and Azule Park sites that need to be developed. She questioned why they were mentioned in the staff report (page 3). City Manager Peacock responded that there were only two parks which have not been developed. He indicated that public testimony has been received over the last few years relative to the desire to improve the Kevin Moran Park by various individuals who live around that area. A letter of interest has also been received from the Cupertino School District regarding joint development of the Azule Park in association with a school playground. Councilmember Moran noted that the staff report indicates that the Park Development Fund had a balance of minus $36,000 as of a few days ago. She questioned how much revenue was anticipated to be received from the development of the 94 homes to be built at the Saratoga Avenue interchange. City Manager Peacock responded that the revenue ~o be generated would be in excess of $700,000. Councilmember Jacobs questioned the revenue to be generated in park fees that would be collected in association with development of the property. If so, what were the fees to be generated per home constructed. City Manager Peacock responded that the fee would be a little over $8,000 per home to be constructed. Councilmember Jacobs noted that there! would be a cost to the developer to take the property out of the Williamson Act. He questioned where the fees to be paid for the removal of the property from the Williamson Act would go to. City Manager Peacock responded that those fees would be paid to the state. He informed 'the Council that a penalty would have to be paid by the property o~mer for early removal from the city Council Minutes 7 October 5, 1994 Williamson Act. Mayor Burger opened this item to public hearing at 8:37 p.m. Lisa Kurasch, 18665 Ravenwood Drive, requested Council consideration of the Nelson Gardens proposal. She felt that a large part of the park would be historically used for educational purposes and would expand to a much larger audience (i.e., Youth Science Institute). She commented that the Ohlone program was very popular and valuable. She questioned whether the City would leave itself open to challenge if an initial study was not reviewed to determine the impacts of a proposed subdivision or other development alternatives (compliance with the California Environmental Quality Act). In order to make a sound decision, she felt that the Council should review as much information as possible to determine what impacts might occur. She stated her support of the park proposal. Dr. F. L. Stutzman, 15195 Park Drive, stated his support for the preservation of Nelson Gardens. He noted that Frank Nelson wanted the City of Saratoga to have this area in memory of his wife and that he had offered the land to the City of Saratoga in the late 1970s. The council at that time had a problem accepting the site and the offer was declined. He felt that small parks are a necessity for small children and their mothers. He felt that the City was rapidly losing its open space to.those who feel that the only good piece of property is one upon whiah a house can be built. He felt that if the Nelson Gardens were retained Saratoga would find a way to fund it. He requested that the Nelson Gardens be retained because it is owed to the past and to the future. Thomas Fryer, 14029 Saratoga Hills Road, expressed confusion with the proposal and why there were so many alternatives. He felt that the property was very steep and would only allow 3-5 homes to be developed on the property. He requested. that the property be retained as a garden. Donald Macrae, 20679 Reid Lane, stated that he has no small children but that he has an interest in the park because he knew the Nelson family. He pointed out that with the help of Karen Anderson at the time that she was Mayor, that a'task force study was made. He noted that the conclusion of the study was that this site should be retained as a park site. He felt that the public was entitled to review the staff report to determine how staff reached its conclusion and that the Council needed to take the time to evaluate the proposals prior to a decision being made. He felt that parks were needed and that the City had a City Manager that was resourceful and who was capable of finding funding alternatives for the park. COuncilmember Moran questioned what efforts Mr. Macrae has made over the last five years to approach the Community Gardens and Co~ununity Foundation regarding purchasing the land, turning the land into a park. She also questioned what efforts have been made towards raising funds to purchase the property. Mr. Macrae responded that the Friends of Nelson Gardens were not at liberty to do any of the things questioned by Councilmember Moran. He questioned why the City would want to turn that historic piece of land into another subdivision. Councilmember Moran noted that staff estimates that it would cost $200,000 to turn the proposed ~wo acre park into a co~nunity garden without building any structures. Also, it would cost over-$27,000 a year to maintain the garden. She questioned if the Friends of Nelson Garden would be in a position to raise the money to improve and maintain the park. Mr. Macrae responded that he would want to see the Nelson Gardens Park be maintained similarly to the way that the City maintains its other parks. Mayor Burger noted that the staff report was public information and that a copy of the staff report.was available in the lobby for public review. Stan Bogosian, 20630 Lomita, spoke in support of the preservation of the Nelson Gardens. He felt that the park would benefit the community as a whole and that it was important to preserve some open spaT. City Council Minutes 8 October 5, 1994 Robert Gager, 20972 Saratoga Hills Road, stated that it would be a great loss to Saratoga if Nelson Garden was not saved for future use as a public park. He noted that in 1990 an open space survey, conducted by the City, found that the majority of Saratcgans were concerned about the declining amount of open space. He hoped that this City Council continue maintaining the good work of keeping this property out of private development and maintain it under the Williamson Act. He recommended that when the property comes due under the expiration clause of the Williamson Act, that the Council would take the opportunity to exert control Of the property because there would need to be a change in land use to develop homes. He mentioned that an alternative to park maintenance would be that of "Adopt a Park" program. He.felt that there would be a large number of individuals who would contribute their time and effort towards maintaining this park. Therefore, the park maintenance fund could be drastically reduced with the use of volunteers. He urged that the City Council not to take action to approve private development of the property tonight so that the Council does not shut off possible actions to preserve this valuable parcel for future use as Saratoga open space. Dr. Paul Griffith, 13878 Malcolm Avenue, expressed that he was'looking for leadership from this City Council. He requested that the City Council put a stop to the process and put it back to the community. He felt that the community should be approached to determine how it could help the City. He offered his services and that if his Cub Scout Troop. He felt that there were other clubs who may be willing to assist (i.e., 4-H Club, Saratoga Gardening Club, Youth Science Institute, etc.). He felt that the proposal was a short sighted infusion for cash. Another concern to him was that of inter- generational communication between youths and seniors. He requested City Council support of the Nelson Gardens and that it create community spirit. Randy Griffen, 13878 Malcolm Avenue, stated that his Cub Scout Troop would be willing to assist and maintain Nelson Gardens. Mary Guth, 20785 Reid Lane, noted that arguments used against maintaining the Nelson Gardens were that it was run down, that it was too small, and that the City already had Heritage Park. She felt that the park could be fixed and utilized.. She felt that Heritage Park was a beautiful orchard, but questioned how long it would remain there. She noted that the City of Saratoga did not have senior housing or low income housing. She felt that sooner or later, the City would need additional buildings. She asked where they would be built. She requested that Nelson Gardens be saved and the future be protected. Monte Boisen, 13896 Laynde Avenue, informed the City Council that he was a neighbor of Nelson Gardens. He expressed concern with the disposition of the Nelson Gardens property. He urged the Council to vote no on a park and yes on full residential development. He felt that the City Council, in 1988, turned down an opportunity to receive from the Nelson Foundation, substantial cash for park upgrades and maintenance as well as special support for the Hakone Gardens. This was to be in trade for permitting residential development on the property. In addition to this loss, he informed the Council that a long term property tax income was lost. He recommended that the City improve and maintain existing city-owned parks. He submitted a petition from Nelson Gardens neighbors that stipulates that should the City Council desire to purchase this property, it is requested that final decision for expending any funds be placed before the entire voting population of Saratoga. Betty Peck, 14275 Saratoga Avenue, informed the Council that in 1972, she requested that the City support and purchase a 10 acre piece of land to be used for a community garden. The Council, at that time, was visionary and said yes to the park. The Council paid for the garden, paid for its upkeep and did everything it could to help the co~ununity. She noted that 6,000 children utilize that garden each year. She hoped that this Council becomes visionary and requested that the City allow Nelson Gardens to remain as a demonstration garden for the community. Rick Waltonsmith, 21060 Saratoga Hills, offered his service as the first volunteer gardening instructor at Nelson Gardens as he was an city council Minutes 9 october 5, 1994 organic gardener. Ann Waltonsmith, 21060 Saratoga Hills, submitted to the Commission a letter from Mr. and Mrs. Combs who reside on Viewridge Drive stating their support of saving Nelson Gardens. She informed the Council that a group of immediate neighbors of Nelson Gardens have worked many years to save the Garden (10 years) and that there was a larger group of Saratogans who have supported their efforts. She requested that the Council hold the land so that the residents could have the opportunity to raise funds towards the purchase and maintenance of the gardens and to develop a volunteer network. If the residents fail, than the other acres that are to be set aside could be developed. She informed the City Council that the Nelson Gardens Foundation, a non-profit organization, has been established to work with the City to develop the park and other open space locations. Councilmember Moran asked what measures or goals could be used or established to determine whether the Foundation has met its goals. Mrs. Waltonsmith responded that a success rate could"be derived by a meeting of the minds of the Council and Foundation (i.e., the number of children coming through the garden, the number of volunteers, the amount of monies raised, etc.). Karen Anderson stated that she was on the City Council when the Nelson Foundation requested to pull the land out of the Williamson Act Contract. She recollected that there was a strong feeling in the community to save this property. The Council was not able to purchase the property at the time and that no agreement was reached with the Foundation. She stated that a two acre portion of land to be dedicated for park land was on the skimpy side of doing the kinds of things that Mr. Nelson had in mind, but she felt that it was better than no land at all. She recognized that City monies were tight and that it would not be realistic for the City to purchase the land. She proposed that the City become the owners of the two acres of the lower portion of land with an addition of another acre to be retained in ownership by the Community Foundation and the new Foundation of the Nelson Gardens to be rented for a $1 a year from both the City and the Community Foundation. Bud Alexander, 20760 Trinity Avenue, informed the Council that he has resided across the street from Nelson Gardens since 1974. He stated his support for the park concept. He noted that he has heard two main arguments for developing the property. One argument was that park monies should go for all Saratogans and not for a few favored neighbors. He believed that all parks were utilized by their close neighbors with the possible exceptions of Montalvo and Hakone Parks. The second argument heard for developing this property was that it contained several diseased trees. He felt that all orchards have diseased trees but that they could be replaced. He felt that geologic problems existed with the site and that in order for a developer to make a profit, a large home would need to be built once an area was deemed appropriate to be built upon. Marianne Swan, 20300 La Paloma, questioned how the children of Saratoga would be able to make sound decisions about natural surroundings if they were not provided with the opportunity to experience it. She stated that she quit her job at the college and volunteered her time to the Saratoga Community Gardens. She noted that 6,000 school children were served by the Community Gardens during the school year. She informed the Council that there was a program in place whereby college students could work at the garden or in the education program in exchange for college credit. She noted that there were community volunteers (i.e., high school students, Eagle Scouts, etc.). She also spoke as a Parks and Recreation Commissioner and noted that the Commission has never discussed the Nelson Gardens property at a Parks and Recreation Commission level. Laurie Pakula spoke in her support of Nelson Gardens. She stated that she would submit positive ideas to assist in retaining the land as a park site. She requested postponement so that ideas and alternatives to retain Nelson Gardens as a park could be reviewed. There being no further input, the public hearing was closed at 9:40 City Council Minutes 10 October 5, 1994 p.m. The Council recessed at 9:40 p.m. and reconvened at 9:55 p.m. Councilmember Wolfe asked if staff studied the development potential based on the slope density formula. City Manager Peacock responded that the development was based on the tentative map proposal submitted in 1988 and that the lots would range from 65,000 square feet to 13,000-14,000 square feet, consistent with the surrounding area. Councilmember Moran asked if there were any slope studies completed that verified that there could be five lots placed on the top portion of the site. City Manager Peacock responded that a tentative map was prepared but that the General Plan amendment was never approved by the City Council. Ms. Anderson requested the opportunity to respond to the question asked by Councilmember Moran. COUNCILMEMBERS MORAN/TUCKER MOVED TO REOPEN THE PUBLIC HEARING. THE MOTION CARRIED 3-2 (JACOBS/tND BURGER VOTING NO). Ms. Anderson responded to the question pertaining to the approval of the configuration of the tentative map. She stated that it was her recollection that the applicant requested a nine lot subdivision. She noted that the $250,000 donation was predicated on approval of the nine lots. However, when the issue went to the Planning Commission, the Commission only approved five lots because of the geologic.concerns associated with the upper lots. Jeff Wyatt, 14630 Horseshoe Drive, informed the Council that he was a stock holder of Ainsley Development. He commented that Karen Anderson stated that the Commission approved only five lots. He stated that the statement was incorrect. He recollected that it was a 3-3 Planning Commission tie vote for a nine lot tentative subdivisions. The tentative map request proceeded on to the City Council as a nine lot subdivision. The nine lots were approved at the first reading but was turned down during the second reading due to the elections. THERE BEING NO FURTHER INPUT, THE PUBLIC HEARING WAS CLOSED AT 10:00 P.M. Councilmember Tucker disclosed for record that she had spoken with KarenAnderson and Ann Peterson (Ms. Peterson stated her support to the sale of the park), and spoke with Councilmember Moran regrading the park maintenance fund. She stated that she directed Councilmember Moran to the City Manager because she was not sure of the Park Maintenance Fund. Councilmembers Jacobs, Moran and Wolfe, and Mayor Burger, indicated that they also spoke with Karen Anderson regarding this issue along with several residents of Saratoga with positions both in favor and against the preservation of the park. Councilmember Moran stated her support of open space preservation and that she supported Nelson Gardens. She stated that she had a problem with the financing involved. She did not feel that the City was in the position to develop and maintain the park as the City's reserves were shrinking. She commented that many individuals to whom she spoke with stated that they were not in favor of the City spending any money on this project because there were many other items that needed funding. She felt that a lot could be said for allowing the individuals present tonight and others interested in this Garden to be given the opportunity to see what alternatives they can come up with. However, she stated that she was not supportive of spending City monies on this park at this time. Councilmember Tucker concurred with Councilmember Moran in that the City was not in a position to purchase the land due to the lack of funds. She stated that she would be willing to accept the two acres at this time with the contingency 'that the two acres would not be developed for five years. ,This would give the Foundation time to raise the money to purchase the park from the City. She understood that the City Council Minutes 11 October 5, 1994 citizens are stipulating that this was a city park. However, she felt that the City needed to develop the parks that is has on the books. She stated that she would be willing to work with the citizens if they would move forward within the confines of the Foundation and raise the money over a five year period to purchase the park. Councilmember Wolfe applauded the sincere dedication on the part of the individuals who have addressed the Council and who have worked on this issue for many years. He understood the concerns of the citizens (i.e., the environmental and open space issues). He felt that one of the contingencies here was the volunterism to make this work. However, he noted that there have been some examples in the City whereby some of the homeowners association have failed to taking care of their open space areas. This lack of maintenance has resulted in the formation of a landscaping and lighting district. Homeowners have protested because they do not want to pay into a district. While he acknowledged the dedication of the volunteers, the Council needed to give some consideration for the long range position of volunteer. Councilmember Jacobs stated that this was an emotional issue for a lot of people and has divided Saratoga for a number of years. He commented that the mere fact that a number of individuals want to preserve property for a public park does not justify expenditure of public funds to do so. He noted that last year, services were cut and that employees were laid off in order to balance the budget. He felt that there will always be tough times in Saratoga because the City does not have the tax base to support expanded services. He felt that it was time that the City faced up to reality. He stated that ithas been his observation that Saratogans are not willing to pay additional taxes. He also noted that there were many individuals in Saratoga that live on a fixed income who understand what it means to live on a tight budget. He did not believe that the City could take this land and create a park in perpetuity and run the park solely on volunteer funds. He did not believe that the tax payers would be willing to put money into the Nelson Gardens if the volunteers do not come up with funds to put into this land. He commented that the City has not had the money to develop and maintain the Kevin Moran and Azule Parks. If the two acres were accepted, the City would not be able to sell them for five years. He felt that if five years were given, there would be continuous pressure placed upon the City to pay for the park. He did not feel that there will be anyway that anyone would be able to raise the hundreds of thousands of dollars that would be needed to buy the park from the City and the associated maintenance. He stated that he was not willing to accept the two acres and stick the public with the cost because he did not believe that it made good financial sense. Also, the location of the park and its size would not make good open space sense. Councilmember Wolfe noted that fear was expressed earlier that locations such as Heritage Park would go by the Wayside for low income or senior housing. He stated that as much as he would like to see low income and senior housing in the City, he would not want to use Heritage Park for that. He felt that there could be a win-win situation if proposition number 2 as set forth by the Foundation was · accepted. He recommended that the Memorandum of Understanding (MOU) result in a payment of funds to the Park Development Fund under the condition as set forth by the Park Foundation. Councilmember Tucker stated that she understood Councilmember Jacobs' concerns and did not disagree with his concerns. However, she felt that there was a lot of community concern out there. If the City was to move forward with the two acres, the Foundation would need to come up with the money to purchase and maintain the two acres because the City does not have the money to purchase the two acres. COUNCILMEMBERS TUCKER/MORAN MOVED TO ACCEPT THE TWO ACRES AND TO GIVE THE COMMUNITY FIVE YEARS IN WHICH TO COME UP WITH THE FUND8 (TO ACCEPT OPTION NO. I AS PROPOSED BY THE COMMUNITY FOUNDATION WHICH WOULD RESULT IN A DONATION OF TWO ACRES OF PROPERTY TO THE CITY UNDER THE CONDITIONS AS SET FORTH BY THE FOUNDATION.) Mayor Burger questioned at what point does the City go back to the Community Foundation to discuss the number of lots that would be city council Minutes 12 October 5, 1994 developed if the Council decides to accept the monies for the land. City Attorney Riback responded that if the Council decides that it is interested in pursuing one of the two proposals that has been made by the Community Foundation it would result in the preparation of a Memorandum of Understanding to be reviewed by the City Council and the Community Foundation. That document would state that the Community Foundation was prepared to submit a development application to the City in the same manner as any other development application would be submitted to the City. The development application would be subject to all environmental, general plan, zoning, subdivision, Williamson Act cancellation review and approval just like any other application. There would be no guarantees of any discretionary approvals whatsoever. He informed the Council that all it was doing this evening was deciding what direction it would like to proceed. Mayor Burger stated that if the Council agrees to accept the payments of funds that she would like to make sure that it is clear that these funds would not be earmarked at this time for any particular disposition other than that the funds would be placed in the Park Development Fund. She stated that she would be willing to hold future discussions as to what existing city-owned parks were be developed in the future. However, she stated that she did not want to tackle that discussion this evening. She was appreciative of the creative ideas that were presented this evening for the preservation of the Nelson Gardens property. However, her concern was that of what the City could 'afford and the prudent use of the funds that it has, funds that belong to everyone in the City of Saratoga. Councilmember Moran concurred with the comments as stated by Mayor Burger. She felt that the City should develop parks that would be utilized by a large number of citizens. From what she has heard tonight, there appears to be a large support for a community garden. Regarding the motion on the table, Councilmember Jacobs asked the City Attorney whether, if the Council agrees to take the two acres, the City could sell the two acres in five years if the volunteers are not able to maintain the park. City Attorney Riback concurred that the City could sell the land if the volunteers were not able to maintain it. Mayor Burger stated that her concern with taking the two acres is that it would be immediately perceived that there was now a two acre park on the Nelson property. She believed that-over the five years, that perception would increase and grow. Councilmember Tucker clarified that the five year period would give the community the opportunity to raise funds to purchase the two acres. If the community was not able to purchase the two acres, then the City could dispose of the land. Councilmember Jacobs questioned if the maker of the motion would change the word "donate" to some other word. City Attorney Riback stated that he was aware of the fact that the legal counsel for the Community Foundation has commented on the use of the word "donate". He felt that the term "donate", as used tonight, really meant to "give" or "contribute" and that it was not being used in the same technical legal manner as the legal counsel for the Foundation was concerned about. He felt that so long as that was indicated in the record, there would not be a problem with using the word "donate". THE MOTION FAILED 2-3 AS FOLLOWS: AY]SS: MORAN, TUCKER~ NOE8: JACOB8, WOLFE, BURGER; ABSTAIN: NONE; ABSEnt: NONE. COUNCILMEMBERS JACOBS/WOLFE MOVED TO ADOPT PROVISION B, WHICH WOULD PROVIDE FOR A PAYMENT OF FUNDS TO THE CITY FOR THE CONSIDERATION OF THE RIGHT TO DEVELOP THE PROPERTY AS OUTLINED IN THE CITY MANAGER REPORT DATED OCTOBER 5, 1994. Councilmember Moran recommended that the City Council take a leadership role in looking at the City's park needs and finding some direction that it should be going towards in the next five years. She also stated that she would like that direction to include the possibility of developing a community garden som6~here in Saratoga. She requested that this issue be placed on a future City Council agenda. City council Minutes 13 October 5, 1994 councilmember Wolfe stated his concurrence with Councilmember Moran's comments. Councilmember Jacobs also stated his concurrence with Councilmember Moran's comments. He.felt that the money from this site and those from the Greenbriar development would probably be the last large infusion of monies which the City would see go into the Park Development Fund. He agreed that the master plan needed to be reviewed to determine how the fund are to be utilized. City Manager Peacock informed the Council that it would be discussing the Park Development priority plan on October 25. Councilmember Moran also recommended that the Council review all the provisions of the Master Park and Trails Plan. She also requested that it be the Council consensus that there be attention placed on a community garden possibility. City Manager Peacock expressed concern that if the Council wants to review the Master Park and Trail Plan, that it do so with the Parks and Recreation Commission because they were the ones that developed the plan and forwarded it to the City Council. He informed the Council that the Parks and Recreation Commission along with the Finance Committee would report and recommend to the Council where the appropriated funds should be spent. Councilmember Wolfe commented that it would be incumbent on the Council to become familiar with the Park Master Plan prior to the next joint meeting with the Parks and Recreation Commission. THE MOTION TO ACCEPT THE OFFER FROM THE COMMUNITY FOUNDATION, WHICH WOULD RESULT IN THE PAYMENT OF FUNDS TO THE PARK DEVELOPMENT FUND UNDER THE CONDITIONS SET FORTH BY THE FOUNDATION FOR THE DEVELOPMENT OF THE NELSON GARDENS PROPERTY CARRIED UNANIMOUSLY (5-0). Councilmember Tucker stated that she felt that it was important for the Council to move forward this evening because it was operating under time constraints in order to benefit the City at large. Councilmember Moran questioned if the Council has had the opportunity to visit the Montalvo Artist in Residence Program. If not, she informed the Council that they conduct four open houses a year. She was hoping that the Council could get in touch with them and request a private tour so that it can become familiar with their Artist in Residence Program as they have recently applied for and received a grant to improve their program. Councilmember Tucker stated that she would like to go out with a staff members to visit undeveloped parks that exist in Saratoga and questioned if there were any other Councilmembers who were interested in a tour. The City Coucil agreed to tour all City parks before it meets with the Parks and Recreation Commission to review the Parks and Trails Master Plan. Councilmember Wolfe reported that on October 11, two citizens from Saratoga (Nancy Trankle and William Cassidy) would be visiting the City of Saratoga Springs in New York. He informed the Council that they would carry with them a copy of a proclamation that was put forth by the City of Saratoga on July 5, 1994 acknowledging Honor Saratoga Day. He noted that both Cities were conducting a survey on the Cities' heritage. Also an essay and poster contest were underway concerning liberty and what it means. He informed the Council that his group would be meeting this Friday to discuss expanding the City's contest timeline. Councilmember Jacobs questioned the progress being made on the installation of netting at Congress Springs Park. City Engineer Perlin informed the Council that he has spoken with the contractors who have indicated that they would commence with the installation of the nets this Friday. They would be working straight through and that they recognized the October 19.deadline. He reminded the Council that the purpose of the netting was for the baseball and softball activities in City Council Minutes 14 October 5, 1994 the park and not for soccer balls. City Attorney Riback responded to Councilmember Moran's concern regarding liability. He stated that given the fact that the City was having the nets constructed for the purpose of catching the balls, that the City was doing everything that it reasonably could and that he felt comfortable with that as far as liability was concerned. Mayor Burger reported that at the Saratoga celebration on the morning of Saturday, October 15, there would be a 10K/2 mile fun run on the freeway (I-85). She wanted everyone to know that Congressman Norm · Mineta would be present at the opening of the ceremonies to great the community and to fire the gun to start the race. 10. ADJOURNMENT There being no further business, the meeting adjourned at 10:50 p.m. to the next meeting scheduled for Tuesday, October 11, at 7:00 p.m. in the Administration Meeting Room, 13777 Fruitvale Avenue. Respectfully submitted, Irma Torrez ~J Minutes Clerk