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HomeMy WebLinkAbout05-21-2003 City Council Minutes MINUTES SARATOGA CITY COUNCIL MAY 21, 2003 The City Council met in Open Session at 4:00 p.rn. in the Administrative Conference Room, 13777 Fruitvale Avenue, to conduct interviews for the Y outh Commis~ion. Mayor Streit adjourned the interviews at 5:30 p.m. and announced the City Council would meet in Closed Session in the Administrative Conference Room, 13777 Fruitvale Avenue. ADJOURNED TO CLOSED SESSION - 6:00 P.M. Conference With Labor Negotiators (Government Code section 54957.6): Agency designated representatives: Lorie Tinfow, Assistant City Manager & Jesse Baloca, Administrative Services Director Employee organization: SEA Conference With Legal Counsel- Anticipated Litigation: Significant Exposure to litigation pursuant to section 54956.9(b): (1 potential case) Conference With Legal Counsel- Existing Litigation Name of case: Parker Ranch Homeowners Association, et al. v. Tsung-Ching Wu, et al. (Santa Clara County Superior Court Case Number CV797015) Conference With Legal Counsel-Threatened Litigation (1 item). MAYOR'S REPORT ON CLOSED SESSION -7:00 p.m. Mayor Streit reported there was Council discussion but no action was taken. Mayor Streit called the Regnlar City Council meeting to order at 7:05 p.m. and lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Kathleen King, Norman Kline, Vice Mayor Ann Waitonsmith, Mayor Nick Streit ABSENT: Councilmember Stan Bogosian ALSO PRESENT: Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk John Cherbone, Public Works Director Cary Bloomquist, administrative Analyst Jesse Baloca, Administrative Services Director Christine Oosterhous, Associate Planner REPORT OF CITY CLERK ON POSTING OF AGENDA FOR MAY 21, 2003 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of May 21,2003 was properly posted on May 16, 2003. COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS The following person requested to speak at tonight's meeting: Jonathan Judelson, 13785 Lexington Court, noted that he has been a resident in Saratoga for the past 18 years and now he is a junior majoring in Cinema Production at the University of Southern California. Mr. Judelson noted that this summer is producing a film to build his resume and to gain film experience. Mr. Judelson eXplained that plot of the film and noted that the total cost is approximately $15,000. Mr. Judelson noted that he would like to use Saratoga as a backdrop for this film. Mr. Judelson noted that he was present tonight to ask the City Council to waive the $500 charge for a permit to shoot the film in Saratoga and fund the cost of having a Sheriff available on site. COMMUNICATIONS FROM COMMISSIONS & PUBLIC None WRITTEN COMMUNICATIONS None COUNCIL DIRECTION TO STAFF Councilmember King requested that Council agendize Mr. Judelson's request for the next meeting. Councilmember Kline noted that he supported Councilmember King's request. ANNOUNCEMENTS None CEREMONIAL ITEMS lA. PROCLAMATION - DECLARING THE MONTH OF JUNE "SCLERRODERMA MONTH" STAFF RECOMMENDATION: Read proclamation. 2 Mayor Streit read the proclamation and directed staff t mail it to the appropriate person. lB. COMMENDATION - PETER WOHLMUT - SARATOGA COMMUNITY ACCESS TELEVISION BOARD STAFF RECOMMENDATION: Present commendation. Mayor Streit read the proclamation and presented it to Mr. Wohlmut. Mr. Wohlmut expressed his appreciation for being able to live in Saratoga for over 20 years. SPECIAL PRESENTATIONS None CONSENT CALENDAR 2A. CITY COUNCIL MINUTES -APRIL 16, 2003 STAFF RECOMMENDATION: Approve minutes. WALTONSMITH/KLINE MOVED TO APPROVE MINUTES OF APRIL 16, 2003. MOTION PASSED 4-1 WITH BOGOSIAN ABSENT. 2B. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. W AL TONSMITH/KLINE MOVED TO APPROVE CHECK REGISTER. MOTION PASSED 4-1 WITH BOGOSIAN ABSENT. 2e. PLANNING ACTION MINUTES - APRIL 14, 2003 STAFF RECOMMENDATION: Note and file. WALTONSMITHlKLINE MOVED TO NOTE AND FILE PLANNING ACTION MINUTES OF APRIL 14, 2003. MOTION PASSED 4-1 WITH BOGOSIAN ABSENT 3 2D. ADOPTION OF RESOLUTION - CONTAINING FINDINGS AND DECISION BY CITY COUNCIL REGARDING DENIAL OF APPEAL BY WILLIAM F. BRECK OF VARIANCE GRANTED BY PLANNING COMMISSION TO MITCHELL AND TRACY CUTLER FOR 25-FOOT LONG, SIX FOOT HIGH WALL AT 14480 OAK PLACE STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 03-027 CONTAINING FINDINGS AND DECISION BY CITY COUNCIL REGARDING DENIAL OF APPEAL BY WILLIAM F. BRECK OF VARIANCE GRANTED BY PLANNING COMMISSION TO MITCHELL AND TRACY CUTLER FOR 25-FOOT LONG, SIX FOOT HIGH WALL AT 14480 OAK PLACE WALTONSMITH/KLINE MOVED TO ADOPT REOSLUTION. MOTION PASSED 4-1 WITH BOGOSIAN ABSENT 2E. APPROVAL OF CONSULTANT AGREEMENT FOR TRAIL EASEMENT RESEARCH STAFF RECOMMENDATION: Approve proposal and authorize City Manager to execute agreement. W AL TONSMITH/KLINE MOVED TO APPROVE PROPOSAL FROM TERRI BARON FOR CONSUTLING SERVICES. MOTION PASSED 4-0 WITH BOGOSIAN ABSENT 2F. CALIFORNIA HOMELAND SECURITY FUNDING PLAN STAFF RECOMMENDATION: Authorize representative to sign protest letter from the Santa Clara County Emergency Preparedness Council. W AL TONSMITH/KLINE MOVED TO AUTHORIZE REPRESENTTAIVE TO SIGN LETTER OF PROTEST. MOTION PASSED 4-1 WITH BOGOSIAN ABSENT 2G. MIDPENINSULA REGIONAL OPEN SPACE - PROPOSED EXTENSION OF ITS BOUNDARIES TO THE SAN MATEO COAST STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 03-028 4 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SUPPORTING AND ENDORSING THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT'S PROPOSED EXTENSION OF ITS BOUNDARIES TO THE SAN MATEO COUNTY COAST TO PRESERVE OPEN SPACE AND AGRICULTURAL LANDS WALTONSMITHlKLINE MOVED TO ADOPT RESOLUTION. MOTION PASSED 4-1 WITH BOGOSIAN ABSENT 2H. ON-LINE REGISTRATION AND TRANSACTION STAFF RECOMMENDATION: Authorize purchase of software. WALTONSMITHfKLINE MOVED TO AUTHORIZE PURCHASE OF SOFTWARE. MOTION PASSED 4-1 WITH BOGOSIAN ABSENT 21. CIVIC THEATER UPPER LEVEL RE-ROOF PROJECT - NOTICE OF COMPLETION STAFF RECOMMENDATION: Accept project as complete and direct staff to record the Notice of Completion. WALTONSMITH/KLINE MOVED TO ACCEPT NOTICE OF OCMPELTION. MOTION PASSED 4-1 WITH BOGOSIAN ABSENT 2J CONTRACT RENEWAL FOR MUNICIPAL TRAFFIC ENGINEER STAFF RECOMMENDATION: Approve contract and authorize City Manager to execute the same. W AL TONSMITHfKLINE MOVED TO APPROVE CONTRACT WITH FEHR & PEERS FOR TRAFFIC CONSULTING SERVICES ANDAUTHORIZE CITY MANAGER TO EXECUTE THE SAME. MOTION PASSED 4-1 WITH BOGOSIAN ABSENT PUBLIC HEARINGS 3. APPEAL OF A PLANNING COMMISSION TO APPROVE DESIGN REVIEW AND USE PERMIT APPLICATIONS TO CONSTRUCT NEW FACILITIES FOR ST. ANDREW'S PARISH AND SCHOOL LOCATED AT 13601 SARATOGA AVENUE STAFF RECOMMENDATION: Conduct public hearing; uphold the Planning Commission approval; adopt resolution. TITLE OF RESOLUTION: 03-029 5 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DENYING THE APPEAL OF THE APPROVAL OF DESIGN REVIEW AND USE PERMIT APPLICATIONS LOCATED AT 13601 SARATOGA AVENUE TITLE OF RESOLUTION: 03-030 RESOLUTION OF THE CITY COUNCIL OF SARATOGA ADOPTING A MITIGATED NEGATIVE DECLARATION IN CONNECTION WITH: ST. ANDREW'S PARISH AND CHURCH, 13601 SARATOGA AVENUE Due to a conflict of interest, Councilmember Kline recused himself from this item and stepped down from the dais. Christine Oosterhous, Associate Planner, presented staff report. Planner Oosterhous explained that On march 12, 2003 the Planning Commission approved by resolution Design Review and Use permit to construct new facilities for St. Andrew's Parish and School. The proposed project includes demolition of the existing buildings and the construction of six new structures. Proposed buildings include: a performing arts/gymnasium, administrative offices, classrooms, a parish center, a clergy building and a bell tower. The new building construction will total approximately 72,705 square feet. Planner Oosterhous explained that the planning Commission approved the project with several added conditions. Planner Oosterhous explained the conditions as follows: · The proposed bell tower shall be eliminated from the project · Clerestory windows shall be installed in the parish center · The height of the administration/classroom building shall not exceed 32.5 feet as viewed from Saratoga Avenue · The height of the clergy building shall not exceed 30 feet in height as viewed from Saratoga Avenue · St. Andrew's shall be required to install fencing and landscaping screening as requested by the adjacent neighbors · Planning commission approval shall be required to increase student enrollment beyond 450 students. Enrollment figures shall be submitted to the planning department each fall · Outdoor concerts, amplified voices and music shall not be permitted in any outdoor location · Interior building lights shall not be illuminated in the evenings when not in use Planner Oosterhous noted that the grounds for the appeal as detailed by the appellant, march King, in his appeal are in part "failure to provide due process and due diligence". Planner Oosterhous noted that the Planning Commission and St. Andrew's held several neighborhood meetings. Staff notified the appellant by telephone and he never attended. Documents on file in the Community Development Department indicate the appellant was notified of all of the meetings. 6 Jill Hunter, ChairIPlanning Commission, noted tbat they met with St. Andrew's many times. Although the Commission had many different views on the project, in the end the consensus was after 40 years of use most schools should be remodeled. Vice Mayor Waltonsmtih asked how many public hearings did the Planning Commission have. Chair Hunter responded they held 4 public hearings. Mayor Streit opened the public hearing. Mayor Streit noted the appellant was not present and moved on to the applicant. Scott Sheldon, Project Representative for St. Andrews, stated that they held at least 7 public hearings and workshops in regards to their project. Mr. Sheldon noted that this project started in 1999. This was when the parish and the school made the commitment to go forward and upgrade the school facilities. In 2001 they brought a proposal to the Planning Commission and the proposal wasn't the right solution. They went back worked with staff, the parish and the neighbors to try and meet everyone's needs. Mr. Sheldon noted that the recent approval includes a series of 38 conditions imposed by the Planning commission in which St. Andrew's is amenable and agreeable to fulfilling. Mr. Sheldon noted that they have tried and will continue to be a good neighbor. In terms of the appeal, which was filed by Mr. King, is based on his claim of "lack of due process". Mr. Sheldon stated that the lack of due process is not accurately represented and noted all of the notices were mailed out properly and as information was provided to the parish, school, and neighbors. Mr. Sheldon stated that they feel they have completed due process. Mr. Sheldon urged the Council to deny the appeal and uphold the Planning Commission's recommendation. Stephanie Palmer, 18806 Harieigh Drive, noted that she has lived in Saratoga since 1996 and has been a member of St. Andrew's Parish and School for 11 years. Ms. Palmer noted that she fully supports the project. Mayor Streit noted that Mr. King, the appellant, was present and informed Mr. King he had 10 minutes. Marc King, Bremore Drive, noted that he objects to the project. Mr. King referred to Planning Commission minutes from March 12, 2003. Mr. King stated that in those minutes 19 neighbors objected to the project, 15 ofthose objections were due to growth of the site. Mr. King stated that also in those minutes it shows that the only advocates for the project did not live physically close to the project. Mr. King stated that nowhere in the minutes did it discuss the ongoing traffic problems on Saratoga Avenue, nor was the projected growth of the school discussed. Mr. King stated that the minutes do note mention the president the decision will make on the rest of the City. Mr. King stated that this is not a remodeled but an expansion project. Mr. King stated that the Planning Commission's decision on March 12, 2003 was not responsible. 7 Mr. King requested that the Council reverse the decision of the Planning Commission until such time the Planning Commission showed proof of due diligence on this project. Councilmember King stated that she thought the neighbors left to St. Andrew's supported the project. Mr. King responded that he did not read that in the minutes. Jim Sparks, 19562 Via Monte, noted that he has been a member of St. Andrew's for 14 years and lives two blocks away from the school. Mr. Sparks noted that the classrooms, cafeteria and gymnasium were all too small. Mr. Sparks stated that he fully supports the project. Hugh Wright, 12243 GoeIta Avenue, has been a member ofSt. Andrew's since 1974. Mr. Wright stated that he fully supports the project. Jerry Bruce, Saratoga Federated Church, stated that the faith communities in Saratoga provide numerous services to the community. Mr. Bruce stated that he fully supports the project. David Moyles, Hill Avenue, stated that he fully supports the project. Jim Hughes, 1443 Melinda Circle, stated that he feels the proposed improvements are necessary. Don Carr, 19803 Merribrook Court, stated that he fully supports the project Penny Carr, 19803 Merribrook Court, stated that she fully supports the project. Fran Crepea, 12137 Kristy Lane, stated that she fully supports the project. Joe Durham, 19561 Scotland Drive, noted that he lives one house down from St. Andrew's and noted that he fully supports the project. Ruth Tsai, 136602 Old Tree Way, stated that she fully supports the pïOject Dan Gochnauer, 12892 Cumberland Drive, stated that he has been a member of St. Andres for 17 years and his children attended school there. He feels the improvements are necessary. Frances Banakas, 14669 Fieldstone Drive, stated that she fully supports the project J.P. Puette, 12342 Crayside Lane, stated that she is the Risk Manager for St. Andrew's and the improvements are necessary to provide a safe school for the children. Ms. Puette stated that she fully supports the project Lilly Shoemaker, 18799 Westview Drive, stated that she fully supports the project 8 Harry Luoh, 19540 Tweed Court, noted that he shares a common fence with St. Andrew's Church. Mr. Luoh stated that he feels that St. Andrew's has not followed the City's building code. Mr. Luoh noted that St. Andrew's should not be allowed to build a three-story building. Mr. Luoh noted that he opposes the project. Mr. Luoh stated that he feels the noise will be a problem. Diana Luoh, 19540 Tweed Court, stated that she opposes the project although she is not against the function or purpose of St. Andrew's. Mrs. Luoh agrees the school needs improvements, but the design is wrong. Mrs. Luoh noted that the Parish Center building, that is the closest to their house, would be disruptive. Jim Stallman, 19740 Braemore Drive, stated that he fully supports the project Jill Zuleeg, 19605 Glen Una Drive, stated that she fully supports the project Gayle Bate, 10422 San Fernando Avenue, stated that she fully supports the project Barb Setriado, 19521 Tweed Court, noted that her house faces the school and she here's all the noise from recess daily. Mrs. Setriado noted that she oppose the project. Linda Sherburne, 12443 De Sanka Avenue, stated that he fully supports the project David Baum, 19105 Dagmar Drive, stated that he fully supports the project Mr. King noted that this was not a contest to see not about how long a person has lived in the community or how long a person may have been a member of the church. The City's 500-foot notification does not compare to the large number of members of the church that was well orchestrated this evening. Mr. King noted that he is not asking the Council to approve or disapprove the St. Andrew's project, but to approve or disapprove whether the Planning Commission did due diligence. Mr. King requested that the Council return the project back to the Planning Commission reconsider the project. Mr. Sheldon stated that "due diligence" was followed throughout the process. Mr. Sheldon noted that the Planning Commission did put a cap on enrollment based on the history of past enrollment over the years and have tried to mitigated the noise impact on the neighbors. Mr. Sheldon requested that the Council uphold the Planning Commission's decision. Mayor Streit closed the public hearing. Councilmember Waltonsmith noted that she visited the site yesterday and read all the material that staff provided. Councilmember Walton smith noted that she supports the Planning Commission's decision. Councilmember King noted that she also supports the Planning Commission's decision. 9 Mayor Streit stated that he cannot make the findings to overrule the Planning Commission's decision. Mayor Streit noted that he supports the added conditions that the Commission applied to the approval ofthe project. Mayor Streit noted that he supports the Planning Commission's decision. WALTONSMITH/KING MOVED TO ADOPT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DENYING THE APPEAL OF THE APPROVAL OF DESIGN REVIEW AND USE PERMIT APPLICATIONS LOCATED AT 13601 SARATOGA AVENUE. MOTION PASSED 3-0-1-1 WITH BOGOSIAN ABSENT AND KLINE ABSTAINING. WALTONSMlTH!KING MOVED TO ADOPT RESOLUTION OF THE CITY COUNCIL OF SARATOGA ADOPTING A MITIGATED NEGATIVE DECLARATION IN CONNECTION WITH: ST. ANDREW'S PARISH AND CHURCH, 13601 SARATOGA AVENUE. MOTION PASSED 3-0-1-1 WITH BOGOSIAN ABSENT AND KLINE ABSTAINING. Consensus of the Council to direct staff to work with St. Andrew's to address the concerns with the lights in the Sunday School area. Mayor Streit declared a five-minute break at 8:40 p.m. Mayor Streit reconvened the meeting at 8:45 p.m. 4. PUBLIC HEARING AND FIRST READING OF AN ORDINANCE AMENDING ARTICLE 16 OF THE SARATOGA CITY CODE RELATING TO THE MAINTENANCE OF BUILDING SITES AND EXPIRATION OF BUILDING PERMITS STAFF RECOMMENDATION: Conduct public hearing; introduce ordinance; waive first reading; and direct staff to place the matter on the Consent Calendar for the next council meeting. Richard Taylor City Attorney, Presented staff report. City Attorney Taylor explained that one ofthe areas that continue to create complaints from all Saratoga's neighborhoods is the unsightliness of construction sites. The proposed ordinance addresses this issue by 10 requiring construction sites to be fenced with opaque material and 2) all equipment, material, portable toilets and trash dumpsters be maintained within the confines of the project. City Attorney Taylor explained that another area of concern is construction projects that continue for unreasonable length of time, sometimes five to six years or more. This subjects the neighbors to unfinished construction sites, which are unsightly, attractive to for shelter by animals and humans, and unsafe. The proposed ordinance id intended to give incentive for the completion of 10 construction projects within a reasonable amount of time. It is designed to render the City Code more understandable and to enable builders to know the procedures applicable to reinstatement of a building permit and to know the limit of the number of reinstatements. Discretion is more clearly vested in the building official to reinstate permits and nom ore than two permit reinstatements are allowed in order to encourage completion of construction projects in a timely manner. Mayor Streit opened the public hearing. Noone requested to speak on this item. Mayor Streit closed the public hearing. KLINE/W AL TONSMITH MOVED TO WAIVE FIRST READING AND DIRECT STAFF TO PLACE THE MATTER ON THE CONSENT CALENDAR FOR THE NEXT COUNCIL MEETING. MOTION PASSED 4-1 WITH BOGOSIAN ABSENT. OLD BUSINESS 5 SARATOGA LIBRARY PROJECT UPDATE STAFF RECOMMENDATION: Approve expenditures of up to $2500; approve additional funds for Gilbane; Provide direction on acoustical panels; announce date of Grand Opening Celebration. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manger Tinfow stated that the temporary library closed Monday, May 19,2003. Assistant City Manager Tinfow reported that following: . Bud!!:et Status - $14,692,0931 - (total costs both committed and change requests) staff requests increase the budget to $14,750,000. . Construction Schedule - completion date of May 21, 2003. Assistant City Manager Tinfow requested that Council authorize staff to purchase and install track lighting along the art wall to highlight exhibited work and approve additional funds for Gilbane Building co. services for the period of May 16 through May 21, 2003. Mayor Streit asked if the City would recover any funds due to GenCon's bankruptcy. Assistant City Manager Tinfow responded that he City should get approximately $30,000, which is not included in the budget. 11 In regards to the art wall, Assistant City Manager Tinfow eXplained that because the Arts Commission has decided to postpone the initial art exhibit of Dr. Head, staff needs direction on how to proceed. Assistant City Manager Tinfow noted that staff is requesting direction on whether or not to install the acoustic panels now or wait until a later date. Councilmember King asked if the panels are not installed now would there be a charge to install them at a later date. Assistant City Manager Tinfow responded yes that there would be a charge. Consensus of the City Council to direct the contractor to install the acoustical panels in the library. Assistant City Manager Tinfow announced that the official grand opening celebration is scheduled for June 21, 2003. W AL TONSMITH/KLINE MOVED TO APPROVE EXPENDITURES OF UP TO $2500; APPROVE ADDITIONAL FUNDS FOR GILBANE. MOTION PASSED 4-1 WITH BOGOSIAN ABSENT. 6. INTRODUCTION OF 2003-2004 PRELIMINARY BUDGET STAFF RECOMMENDATION: Accept report and direct staff accordingly. Jesse Baloca, Administrative Services Director, presented staff report. Director Baloca stated that he would be going through the recommended changes to the 2003-04 Budget and introduce the draft annual fee schedule. Director Baloca noted that the on May 7, 2003, the Preliminary Budget was presented as a balanced operating budget. In consideration of the Governor's December 2002 proposed cuts that proposed a revenue reduction of approximately $1.3 million in FY 2003-04 VLF backfill and booking fees, the budget continued to leave intact the City's $2.3 million operating contingency and $1.5 million economic uncertainty reserves. Director Baloca stated that since the introduction of the FY 2003-04 budget, refinements have bee made as part of ongoing review process that includes a reassessment of end of year expenditure levels. The end of year budget has been adjusted top account for additional legal services in the amount of$118k and $3k for additional litigation services. Director Baloca stated that the Governor's May 4, 2003 revision to the States FY 2003-04 budget restored the VLF funding contingent upon the "VLF Trigger" being pulled in the near future. Since the VLF backfill was included in May 2003 revised budget, the City's VLF losses under this scenario will be limited to the lag time inherent between noticing and payment of increased VLF fees, approximately 2 months. After passing the State budget, the City will address the impacts as a separate budget amendment to the City's FY 2003-04 Adopted Budget. 12 In regards to the FY 2003-04 Fee Schedule, Director Baloca stated it primarily reflect s new park user fees developed and reviewed by the Parks and Recreation Commission, revised building rental fees that reflect a comparative study, the removal of animal control fees charged by the Silicon Valley Animal Control Authority (SV ACA), and an increase in the annexation deposit that is exempt from LAFCO from $2,500 to $5,000. Jim Hughes, Chair/ Finance Commission. noted that the Finance Commission fully supports the proposed Fee Schedule and voted to pass the budget unanimously. Chair Hughes thanked Director Baloca for a great job. Director Baloca noted that he would bring this item back on June 4, 2003 for a public hearing and final adoption. Council thanked Director Baloca for ajob well done. NEW BUSINESS 7. APPROVAL OF DESIGN PLANS FOR PLAYGROUND AND PARK IMPROVEMENTS AT BROOKGLEN, EL QUITO, WILDWOOD PARKS STAFF RECOMMENDATION: Approve design plans. Cary Bloomquist, administrative Analyst, presented staff report. Analyst Bloomquist reported that in direct response to the Federally Mandated Playground Equipment Safety Standards, the City, through the Parks and Recreation Commission, formed task forces and held kickoff meetings this past July 2002 at Brookglen and Wildwood parks to replace existing play equipment that does not met federal safety standards. The El Quito Park Task Force was formed over year ago and has met on a regular basis, focusing on issues such as field usage/drainage/irrigation improvements, placement of a pedestrian/jogging path with a par course around the perimeter of the park, play equipment, and other small infrastructure improvements. Analyst Bloomquist reported that at the December 2002 Council meeting, Council awarded design contracts for the park improvement projects as follows: the Beals Group for El Quito and Design Focus for Brookglen and Wildwood Park. Analyst Bloomquist noted that the drawings before Council represent the final designs for each park. The Parks and Recreation Commission and the task forces groups fully support the designs. If approved, staffwilI go out to bid fro construction of these projects in late summer. Analyst Bloomquist reported that Derek McKee from the Beals Group and Rebecca Dye from Design Focus were present this evening to answer any questions Council may have. Vice Mayor Waltonsmith asked if the price included installation fees. I3 Analyst Bloomquist responded yes. Mayor Streit noted that staff is asking Council to approve equipment tonight that until this evening was the first time the Council has seen the equipment and designs. Analyst Bloomquist responded that the drawings have been on display in the Public Works department. Mayor Streit asked to postpone the approval until the next meeting and requested that staff provide reduced size design plans and arrange site visit to the parks. Councilmember Kline concurred with Mayor Streit. Analyst Bloomquist responded that he would be happy to arrange site visits and bring this item back to Council at a future date but requested the two design groups be allowed to give their presentations since that were preset this evening. Derek McKee, Beals Group, noted that he would provide the Council with the playground designs. Rebecca Dye, Design Focus, stated that she designed Brookglen and Wildwood Parks. Ms. Dye described Brookglen Park as a small neighborhood "pocket park" serving ages 3-12 years. The play equipment is clustered according to age. The predominate color is green with red and blue accents. Brookglen Park will have a basketball court with a painted maze on it. Plum trees will be planted to set off the park from the street. There will also be ADA accessible play equipment, picnic tables and a few giant animals to climb on. Ms. Dye continued to describe the design for Wildwood Park. Ms. Dye noted that this park they kept the colors subdued using mostly green. Ms Dye noted that new play equipment including a huge climbing structure, swings, slides, and a water play table would be installed. One of the options is a climbing structure shaped as a dinosaur. Councilmember Kline asked how tall the climbing structure was. Ms. Dye responded 10 feet. Councilmember King asked how many benches is the City buying for $22,000. Ms. Dye responded 8 benches would be purchased. Mr. McKee/Beals Group stated that the playground at El Quito Park not only included new play equipment but also new irrigation and a perimeter pathway. Karlina Oh, 21750 Vintage Lane, noted that she served on the Wildwood Task Force. Ms. Oh noted that the Task Force tried to design the park with play equipment that kids don't normally get to use. The climbing structure that was shaped as like a dinosaur was a big hit, but they understand the budget constraints. 14 Mayor Streit asked if the play equipment for the parks come from a single manufacture or from several different ones. Mayor Streit asked if several different manufactures would that create problems concerning maintained and warranty. Director Cherbone responded that the equipment comes from several different manufactures but he does not foresee any problems with the maintenance or warranty. Karen Murphy, 12540 Paseo Ceroo, noted that she served on the El Quito Park Task Force. Ms Murphy noted that the Task Force tried to maintain the character of the park while keeping in mind that the park is heavily used. Ms. Murphy noted that the Task Force is very excited about the design. Mayor Streit asked about the play equipment warranties Mr. McKee stated that most manufactures offer a 15-20 year warranty. Consensus of the City Council to postponed the approval of the park designs and direct staff to schedule site visits and bring the item back to Council at a future date. 8. REDBERRY ANNEXATION DISCUSSION STAFF RECOMMENDATION: Discuss the annexation process. John Livingstone, Associate Planner, presented staff report. Planner Livingstone explained that Wanda Kownacki of Bainter Way has requested that the City place this issue of potential annexation of properties on the Council agenda. Attached is a LAFCO presentation on City conducted annexation process. Planner Livingstone stated that one of the reason for annexation is to be able apply the City's more stringent design review standards for new homes that are new by that are now subject to County design review standards. The County design review regnlations allow homes up to 35 feet in height and have no floor area limitations. Our General Plan allows for annexations as long as there is no add ional cost over the long term of the annexation. Planner Livingstone explained that for every million dollars in property tax the City would receive $350.00. Planner Livingstone noted that staff feels that if Council would like to proceed with the annexation of these properties, you should be aware the county application pending on neighboring property would more thank likely be completed with County prior to the start with any annexation process from the City. Wanda Kownacki, 19280 Bainter Avenue, noted hat she is extremely frustrated with the County's review proves and requests that the City speed the annexation along. Mrs. Kownacki noted that they have tried to discuss the matter with the property owner and he is not willing to address their concerns. 15 9. KSAR 15 EQUIPMENT UPGRADES STAFF RECOMMENDATION: Accept report and direct staff accordingly. Joan Pisani, recreation Director, presented staff report. Director Pisani explained that in April 2002 the City Council directed KSAR staff to evaluate the current broadcast system in the Council Chamber and come back with a recommended equipment upgrade list Director Pisani explained that in 2000 KSAR received a settlement from AT&T totaling $95,000. To date KSAR has a balance of$88,688. Carolyn de los Santos, Saratoga Community Access Director, has come up with a recommendation for new equipment to improve their service delivery totaling $45,013. Councilmember King asked Carolyn if she felt that the recommendations were the best way to spend the $45,000. Carolyn de los Santos, Saratoga Community Access Director, responded that she fully supports this recommendation. KLINE/KING MOVED TO RECOMMEND EOUIPMENT PURCHASE TO KSAR BOARD. MOTION PASSED 4-1 WITH BOGOSIAN ABSENT. 10. FUTURE USE OF MCWILLIAMS HOUSE STAFF RECOMMENDATION: Accept report and direct staff accordingly. Joan Pisani, recreation Director, presented staff report. Director Pisani explained that in January of this year the Chamber of Commerce moved out of the city-owned McWilliams House after 25 years. The City Council has requested that the future ofthe House be discussed tonight. Director Pisani noted that after the Chamber of Commerce relocated their office, city staff completed a few repair projects. Staff removed and replaced the dilapidated fence in front of the building, took down the gazebo in the back, installed a drainage system around the property, and removed the termite infested storage shed attached to the house. Director Pisani explained that in February a list of McWilliams House improvements was presented to the Council. After discussion Council decided not to move forward with the minor upgrades but instead designated $25,000 to hire an architect that specializes in preservation and restoration of historic houses. 17 Mrs. Kownacki stated that the property violates all county hillside standards and threatens 12 mature oak trees. Kim Fennell, 19418 Redberry Drive, thanked the City Council for showing an interest in the possibility of annexing their property into the City limits. Mr. Fennel stated that he opposes the proposed project because of the structures height, brightness and the threat to the oak trees. If the City decides to proceed with the annexation process, City Attorney Taylor stated that Council should provide direction to staff if the annexation should be a City funded annexation or whether the applicants should fund it. City Attorney Taylor stated that under the proposed fee schedule, which is on the agenda later this evening and would will take effect July 1, 2003 if approved, the applicant must pay a deposit and the cost in processing the application is billed against that deposit when if falls below a certain level it is reimbursed. City Attorney Taylor stated that a policy question should to be made by the Council on whether the fee scheduled should be applied to this proposed annexation. City Attorney Taylor stated that if not the City would be responsible for the survey costs, geotechnical surveys, etc. Vice Mayor Waltonsmith asked approximately how much would this process would cost. City Attorney Taylor responded that he did not know the costs. Vice Mayor Waltonsmith stated that this annexation is important to the City and perhaps the city and the applicants could share the costs. Mayor Streit noted that he supports the annexation Councilmember Kline noted that the City should fund the annexation due to the fact that this property should have been annexed years ago. City Attorney Taylor requested clear direction on how staff should proceed: I) look at just the three properties that have been proposed, 2) look at one or two additional properties to make a uniform block, or 3) look at a broader area up to a quarter mile on either side of the property. Councilmember King stated that she would like staff to move forward with the three properties that want to be annexed and the one that is causing difficulty trying to get them in our sphere of influence. Also she requested that staff provide a timeIine of the annexation process and noted that tbis process should be expedited. Councilmember King also suggested that the City talk to the County Executives again and let them know that the City is serious about this annexation and the project in questions should not be approved. Vice Mayor Waltonsmith concurred. Consensus of the City Council to direct staff to investigate annexation of the four pieces of the property on Rederry Drive. 16 Director Pisani explained future options for the future use of the McWilliams House as follows: · Lease building to Historical Foundation · Lease building to smaller business · Use the building for City purposes · Do nothing right now Director Pisani noted that Bob Lowden, President/Saratoga Historical Foundation, was present this evening to answer any questions the Council may have. Bob Lowden, President/Saratoga Historical Foundation, noted that he has lived in Saratoga for over 40 years and is the current President of the Saratoga Historical Foundation. Mr. Lowden requested that the City allow the Foundation to use the McWilliams House. Councilmember Kline asked if the Heritage Preservation Commission and the Saratoga Historical Foundation ever have meetings together. Mr. Lowden responded that the two groups do occasionally meet together. Planner Livingstone added that one member from the HPC is on the Foundation's Board and the Chair of the HPC usually attends the Foundation meetings. Mayor Streit noted that he supports allowing the Foundation to use the McWilliams house but is concerned about the long-term maintenance of the building. Mayor Streit noted that a maintenance agreement should be executed from the beginning for any use of the building. Councilmember Kline noted that he also supports allowing the Foundation to use the McWilliams House. Councilmember Kline noted that all City owned property should be looked. Vice Mayor Waltonsmtih suggested looking at all city faculties and have a strategic plan everything. AGENCY ASSIGNMENT REPORTS Vice Mayor Waltonsmith reported the following information: Countv Cities Association Legislative Task Force - reported back to the Task Force with the Council's consensus on the bills, whether to support, not to support or monitor. Mayor Streit reported the following information: Hakone Fonndation - elected a new president. 18 Councilmember King reported the following information: Northern Central Flood Control Zone Advisory Board -recently attended the meeting and felt that she lacked information compared to the other representatives. Councilmember King stated that she thinks this is due to the fact that Saratoga changes representative yearly whereas other cities don't. Councilmember Kline had nothing to report. CITY COUNCIL ITEMS None OTHER None CITY MANAGER'S REPORT None ADJOURNMENT There being no further business Mayor Streit adjourned Closed Session at 11 :35 p.m. 19