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HomeMy WebLinkAbout01-05-2005 City Council Minutes MINUTES SARATOGA CITY COUNCIL JANUARY 5, 2005 The City Council met in Open Session at 5:30 p.m. in th~ Administrat!v~ Conference Room, 13777 Fruitvale Avenue, to conduct interviews for the LIbrary CommIssIon. The City Council ofthe City of Saratoga held a Joint Session with the Heritage Preservation Commission in the Administrative Conference Room, 13777 Fruitvale Avenue, at 6:00 p.m. The following Heritage Preservation Commissioners (HPC) were present: Chair Pat Bailey, Phylis Ballingall, Paul Conrado, Bob Louden, Tom Lowdermilk, Beth Wyman and Staff Liaison John Livingstone. Mayor King welcomed the members of the Heritage Preservation Commission. Chair Bailey briefly described the duties of the Heritage Preservation Commission (HPC). Chair Bailey presented a detailed report of the accomplishments of the HPC in 2004 such as: . Visited several historic property sites . Additional reviews and recommendation . Completed several "National Register" applications . Village Historic District Review . Applied for several grants . Landmark Inventory review . Historic plaques and Historic Designation signs . 2005 Historic Calendar . 2005 Mustard Walk Festival Mayor King thanked the HPC for attending tonight's joint meeting. Mayor King called the Regular City Council meeting to order at 7:00 p.m. and lead the Pledge of Allegiance. ROLL CALL PRESENT: ABSENT: ALSO PRESENT: Councilmembers Aileen Kao, Nick Streit, Ann Waltonsmith, Vice Mayor Norman Kline, Mayor Kathleen King None Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Michele Braucht, Administrative Services Director John Livingstone, Interim Community Development Director John Cherbone, Public Works Director REPORT OF CITY CLERK ON POSTING OF AGENDA FOR JANUARY 5. 2005 Cathleen Boyer, City Clerk, reported that pursuant to Govemment Code Section 54954.2, the agenda for the meeting of January 5, 2005 was properly posted on December 23, 2004. ORAL COMMUNICATIONS The following people requested to speak at tonight's meeting: Citizen Ray stated that tomorrow VTA would be reviewing the Los Gatos, Monte Serno and Saratoga's grant applications for Highway 9. Citizen Ray noted that Highway 9 has had 164 auto accidents and 16 bicycle accidents in the past three years. Referring to the Saratoga District, Citizen Ray pointed out that an ambulance recently hit his car. Citizen Ray requested that the District install a warning bell when their vehicles are coming out of the building. Paul Krugg noted that he was present this evening to support the Farmer's Market. Mr. Krugg stated that he was disappointed with the results of the Council decision on December 2,2004. Mr. Krugg noted that the recent article in the Saratoga News only pointed out the negatives. Mr. Krugg requested that the City Council assist the Farmer's Market in finding a new location. Bob Wallace requested that the City ask the Santa Clara Valley Water District to remove the dam along the Comer Debris Basin. Recently the District completed a project removing sediment along the creek. The cost of this project was $25,000. Unfortunately, Mr. Wallace pointed out that due to the recent storms the creek has filled back up with sediment. COMMUNICATIONS FROM COMMISSIONS None COUNCIL DIRECTION TO STAFF Councilmember Waltonsmith requested a report on the Comer Dam. City Manager Anderson noted that a representative from the Santa Clara Valley District is on the next City Council agenda. In regards to the relocation of the Farmer's Market, Councihnember Waltonsmith asked City Manager Anderson ifhe has talked to President Hartley at West Valley College. City Manager Anderson responded that he recently met with President Hartley. City Manager Anderson stated that President Hartley has requested a formal proposal from the Farmer's Market. Responding to Citizen Ray's comments, Councilmember Waltonsmith noted that the Saratoga Fire District is a separate entity and he would need to contact the Fire Commission. ANNOUNCEMENTS None 2 CEREMONIAL ITEMS None SPECIAL PRESENTATIONS None CONSENT CALENDAR lA. APPROVAL OF CITY COUNCIL MINUTES - DECEMBER 1, 2004 STAFF RECOMMENDATION: Approve minutes. W ALTONSMITH/KLINE MOVED TO APPROVE MINUTES OF DECEMBER 1. 2004. MOTION PASSED 5-0. lB. APPROVAL OF CITY COUNCIL MINUTES - DECEMBER 1, 2004 STAFF RECOMMENDATION: Approve minutes. W ALTONSMITH/KLINE MOVED TO APPROVE MINUTES OF DECEMBER 1, 2004. MOTION PASSED 5-0. I C. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. W ALTONSMITH/KLINE MOVED TO APPROVE CHECK REGISTER. MOTION PASSED 5-0. 10. ANNUAL PUBLISHING OF THE STATE CONTROLLERS REPORT STAFF RECOMMENDATION: Accept the report. W ALTONSMITH/KLINE MOVED TO ACCEPT REPORT. MOTION PASSED 5-0. IE. RESOLUTION TO SUPPORT THE METROPOLITAN TRANSPORTATION COMMISSION'S STP SECOND CYCLE LOCAL STREETS AND ROADS SHORTFALL GRANT APPLICATION STAFF RECOMMENDATION: Adopt resolution. RESOLUTION: 04-105 3 W ALTONSMITH/KLINE MOVED TO ADOPT RESOLUTION TO , SUPPORT THE METROPOLITAN TRANSPORTATION COMMISSION S STP SECOND CYCLE LOCAL STREETS AND ROADS SHORTFALL GRANT APPLICATION. MOTION PASSED 5-0. IF. MOTOR VEHICLE (MY) RESOLUTION PROHIBITING PARKING IN EVANS LANE STAFF RECOMMENDATION: Adopt resolution. RESOLUTION: MV-244 W ALTONSMITH/KLINE MOVED TO ADOPT MOTOR VEHICLE (MY) RESOLUTION PROHIBITING PARKING IN EVANS LANE. MOTION PASSED 5-0. lG. PROPERTY LINE DETERMINATION AND FINAL OCCUPANCY APPROVAL, AGREEMENT -14612 BIG BASIN WAY AND 20717 ST. CHARLES STREET (TRACT 9414) STAFF RECOMMENDATION: 1. Approve the Agreement for Property Line Determination and Final Occupancy Approval 2. Move to authorize the Interim Community Development Department Director to execute the Agreement. Councilmember Streit requested that item lG be removed from the Consent Calendar. Councilmember Streit noted that this project was before the City Council two years ago. Councilmember Streit noted that the project was approved as "one" project not as individual parcels. Councilmember Streit stated that the commercial portion ofthe project was supposed to be completed at the same time as the residential units. Councilmember Streit noted that he doesn't support granting final occupancy approval for the residential units. Stan Gamble noted that he is the owner of the property on Big Basin Way and St. Charles Street. Mr. Gamble noted that he could not get a construction loan for the commercial property. Mr. Gamble noted that he pulled separate building permits for each project. Mr. Gamble explained that ifhe cannot sell the houses he would have foreclose on the entire project. Mr. Gamble noted that he has a buyer for the commercial property who not only wants to purchase the property but also will personally be operating a business there. Mr. Gamble noted that he would like to offer a proposal to the Council. 4 Mr. Gamble asked that the Council grant him final occupancy for 3 out o.f 4 . residential units and when he pulls the building permits for.the ~omm~rcIal project the City release the final occupancy permit for the final resIdential umt. A discussion took place in regards to the potential owner of the commercial property. Mayor King noted that she supports Mr. Gamble's proposal. Councilmember Streit noted that he would be willing to grant final occupancy approval on 2 units and hold two units until the commercial property is finished. Councilmember Kao requested that this item be continued until the next City Council meeting due to a lack of information. Mayor King responded that two weeks would not make a difference because if Mr. Gamble cannot sell his property he will have to foreclose. Mayor King note that Mr. Gamble and the potential business owner are both Saratoga residents, they have a vested interest in the City. Vice Mayor Kline noted that he is hesitant to continue this item. Vice Mayor Kline noted he would support Mr. Gamble's proposal. Planner Livingstone noted that he talked to the Building Official about past practices and individual occupancy permits have been issued in similar situations. STREITIKAO MOVED TO CONTINUE THIS ITEM UNTIL JANUARY 19, 2005. MOTION FAILED 2-3 WITH KlNG KLINE AND W AL TONSMITH OPPOSED. KLINE/W ALTONSMITH MOVED TO APPROVE THE AGREEMENT FOR PROPERTY LINE DETERMINATION AND FINAL OCCUPANCY APPROVAL ON TWO RESIDENTIAL UNITS ON ST. CHARLES AND ONE RESIDENTIAL UNIT ON BIG BASIN WAY AND HOLD ONE UNIT ON BIG BASIN WAY UNTIL THE BUILDING PERMITS ARE PULLED FOR THE COMMERCIAL PROPERTY. MOVE TO AUTHORIZE THE INTERIM COMMUNITY DEVELOPMENT DEPARTMENT DIRECTOR TO EXECUTE THE AGREEMENT. MOTION PASSED 4-1 WITH STREIT OPPOSED. IH FINAL MAP APPROVAL FOR SIX LOTS LOCATED AT 13089 QUITO ROAD. OWNER: SAGARCHI ENTERPRISES, INC. AND SlAV ASH HASHEMI STAFF RECOMMENDATION: 1. Move to adopt resolution granting final map approval of tentative map 2. Application No. 02-182 for six lots located at 13089 Quito Road. 3. Move to authorize the Mayor execute the Subdivision Improvement Agreement. 5 RESOLUTION: 05-001 W AL TONSMITH/KLINE MOVE TO ADOPT RESOLUTION GRANTING FINAL MAP APPROVAL OF TENTATIVE MAP APPLICATION NO. 02- 182 FOR SIX LOTS LOCATED AT 13089 QUITO ROAD. MOVE TO AUTHORIZE THE MAYOR TO EXECUTE THE SUBDMSION IMPROVEMENT AGREEMENT. MOTION PASSED 5-0. n. HERITAGE ORCHARD WELL AND IRRIGATION PUMPING SYSTEM PROJECT - NOTICE OF COMPLETION STAFF RECOMMENDATION: Accept the Heritage Orchard Well and Irrigation Pumping System Project as complete and authorize staff to record the Notice of Completion for the construction contract. W ALTONSMITH/KLINE MOVE D TO ACCEPT THE HERITAGE ORCHARD WELL AND IRRIGATION PUMPING SYSTEM PROJECT AS COMPLETE AND AUTHORIZE STAFF TO RECORD THE NOTICE OF COMPLETION FOR THE CONSTRUCTION CONTRACT. MOTION PASSED 5-0. lJ. INDEPENDENT CONTRACTOR AGREEMENT FOR CONTRACT PLANNER STAFF RECOMMENDATION: Authorize the City Manager to execute an agreement with Deborall Ungo- McCormick for planning and development services. W ALTONSMITH/KLINE MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH DEBORAH UNGO- MCCORMICK. MOTION PASSED 5-0. PUBLIC HEARINGS 2. ORDINANCE EXTENDING INTERIM MORATORIUM ON USES INCONSISTENT WITH PRIOR DESIGN REVIEW APPROVAL. STAFF RECOMMENDATION: Accept public testimony, consider and adopt the extension to the Interim Urgency Ordinance. The ordinance would prohibit uses that are inconsistent with prior design review approvals. In addition, staff seeks guidance on (1) the types of changes to property that are subj ect to the ordinance and (2) neighborhood notification requirements. ORDINANCE: 233-A Richard Taylor, City Attorney, presented staff report. 6 City Attorney Taylor stated that this item was a follo~ up to the .City C~unci1.'s November 22 2004 adoption of Ordinance 233 requmng compl1ance Wlth pnor design review' conditions for all properties in the City with a structure that was the subject of design review and that received final approval after January 1,2004. Proj ects that deviate from approved design revie,,: conditi.ons are al1ow~d by . Ordinance 233, but only upon approval by the entity that Issued the deSIgn reVIew approval. Projects on property that have an administrative design review approval are reviewed by the Community Development Director and projects that are on property that has been the subject of Planning Commission design review approval require approval by the Planning Commission. In regards to the proposed ordinance, City Attorney Taylor explained that it would extend the term of Ordinance 233 until November 20, 2005. The ordinance could be repealed earlier that that date and would be repealed if the Council adopts a new ordinance in response to the report of the ad hoc committee on long-term enforcement of design review conditions. The ordinance could also be extended at that time for up to one additional year. The extension requires a 4/5 vote for Council approval. City Attorney Taylor noted that several questions concerning the scope of the ordinance have arisen in the course of the administering the ordinance since it was adopted in Novembers 2004. The ordinance applies to all properties with a project that was the subject of design review approval and that received final approval from the Building Official on or after January I, 2004. City Attorney Taylor explained that on those properties the ordinance prohibits any new or modified structures, impervious surfaces, or landscaping built, installed or otherwise implemented after adoption of the ordinance unless the work in question is authorized by the prior design review approval. City Attorney Taylor noted that the ordinance makes an exception for work that does not result in a material change to a site plan and that does not violate or change any development condition in the approval documents. City Attorney Taylor sited the section in the ordinance that defines "material change". City Attorney Taylor stated that because the definition is broad and because staff believes that the City Council intended to maintain the status quo to the maximum extent feasible while investigating possible amendments to the City's design review enforcement polices, staff is implementing the ordinance to have broad applicability. City Attorney Taylor sited some examples that have arisen since the ordinance was adopted. Staff has received complaints from project sponsors that the ordinance is inflexible and burdensome. More time is now required for projects that wish to develop in a manner different from that contemplated during the design review process. City Attorney Taylor noted that ifthe City Council wishes to provide greater flexibility it should consider amendments to the ordinance that would narrow the scope of projects that are subject to the ordinance. City Attorney Taylor presented draft amendments to the interim ordinance and requested that the City Council consider approving the proposed amendments. City Attorney Taylor noted that the amendments would accept things in people's back yard, minor changes visible from the street and would allow fences and walls to be built according to the code. 7 Mayor King opened the public hearing and invited public comment. Seeing none, Mayor King closed the pubic hearing. W ALTONSMITH/KLINE MOVED TO ADOPT THE EXTENSION TO THE INTERIM URGENCY ORDINANCE WITH AMENDMENTS SUBMITTED BY THE CITY ATTORNEY ADDING 2D IN SECTION 2. MOTION PASSED 5-0. OLD BUSINESS None NEW BUSINESS 3. CITY OPTIONS TO PARTICIPATE IN THE SELL OF VLF RECEIVABLE DUE IN AUGUST OF 2006 FOR $516,892 FROM STATE TO A JOINT POWERS AUTHORITY AT A 92% TO 95% DISCOUNT STAFF RECOMMENDATION: Accept report. Michele Braucht, Administrative Services Director, presented staff report. Director Braucht reported that in fiscal year 2003-2004 the State failed to make 3 months of Vehicle License Fee (VLF) backfill payments to cities and counties resulting in a VLF funding gap ("VLF Gap Loan"). For the City of Saratoga that amount is $516,892.09. At that time, the State agreed to make VLF gap loan payments by August 15, 2006. During the negotiations last SUlllffier that led to the approval of Proposition lA, the League of California Cities focused on getting the strongest possible guarantee of repayment of the "VLF Gap Loan". Director Braucht explained that in addition to the requirement of Proposition IA that the state repay the VLF Gap Loan before the State can ever "borrow" local property taxes, the League of California Cities asked for authority for cities and counties to sell this VLF "receivable" to a joint powers authority, California Statewide Communities Development Authority (CSCDA). Director Braucht explained that the California Statewide Communities Development Authority more commonly known as "California Communities" or "Ca1 Statewide" is a joint powers authority sponsored by the California State Association of Counties and the League of California Cities. California Communities was created to provide local governments and private entities access to low-cost, tax-exempt financing for projects that create jobs, help communities prosper and improve the quality of life in California. California Communities has issued more than $20 billion in tax-exempt bonds since its creation in 1988. Director Braucht reported that Cities have recently been notified that this program has been developed and is now available. It provides a city or county the opportunity to sell their VLF Gap Loan debt for an upfront fixed price of about 92 to 95% (estimated) of the amount receivable from the state rather than wait for 8 t. 2006 California Communities is planning to issue bonds and use the paymen m . . ("VLF B d ") proceeds to purchase the VLF receivables and pay financmg costs on s . California Communities will pledge the VLF receivables to secure p~yment on t~e VLF Bonds. A city's sale of its VLF receivable is irrevocable and mvestors WIll have no recourse to the city if the State does not repay the VLF gap loan. Consensus of the City Council to direct staff to investigate the City's options to participate in the sale ofVLF receivable due in August of 2006 for $516,892 from State to a Joint Powers Authority at a 92% to 95% discount. 4. TRAINING OPTIONS FOR THE SARATOGA PLANNING COMMISSION STAFF RECOMMENDATION: Accept report and direct staff accordingly. Cathleen Boyer, City Clerk, presorted staff report. City Clerk Boyer reported that the 2005 Planners Institute would be held in Pasadena, California on April13-l5, 2005. The conference is $460 per participant and approximately $155 per night for accommodations (the announcement for this conference will be released mid January 2005). In addition airfare would have to be provided for all participants. The Institute is designed to work as an educational and networking tool for the Planning Commissioners and Planning Professionals from cities. Considering the expense to send the entire Planning Commission to the League's Conference, City Clerk Boyer explained that staff took the imitative and surveyed surrounding cities about training they have provided for their Commission. City Clerk Boyer stated that the Town of Los Gatos recommended Shawn Spano with the Public Dialogue Consortium. Mr. Spano is also professor at San Jose State University. Mr. Spano provides interpersonal communication training; his fee is $140 per hour. The Town of Los Gatos has also used Mr. Spano in their Leadership Los Gatos training. City Clerk Boyer noted that staff also contacted Monica Jackson at UC Davis Extension. Ms. Jackson provided their 2005 Course Catalogue. Courses range from 4-6 hours and are held at UC Davis. Ms. Jackson informed staff that the instructor would teach the desired courses in Saratoga, but a minimum of 20-25 participants is required. On site training is approximately $3,000 and includes all material and the cost of the instructor. Tom Jacobson is the instructor who is a professor at Sonoma State University. Mr. Jacobson teaches Enviromnental Planning and Urban Design City Clerk Boyer noted that City Attorney Taylor noted that he would also participate. Attorney Taylor would provide training on the legal aspects of being a Planning Commissioner. Councilmember Streit suggested a joint training program with other cities. 9 City Clerk Boyer stated that the City of Menlo Park has expressed interest in this training opportunity. Vice Mayor Kline noted that the more training Commission~rs receive the better: they are. Referring to the League's training, Vice Mayor Klme stated that the CIty doesn't have the funds to send the Commission, but he would support local training. Mayor King suggested that she present this item to the next West Valley Mayors and Managers Association meeting. Consensus of the City Council to direct the Mayor to agendize this item to the next West Valley Mayors and Managers Association meeting. CITY COUNCIL ITEMS Councilmember Waltonsmith noted that the Sister City group would be having a potluck dinner on January 21, 2005 to discuss future and past trips. Councilmember Waltonsmith requested an update on the Seagull Avenue traffic light project. Responding to Councilmember Waltonsmith, City Manager Anderson noted that he would have Director Cherbone write a newsletter article updating Council on this project. OTHER None CITY MANAGER'S REPORT None CLOSED SESSION The City Council ofthe City of Saratoga met in Closed Session, Administrative Conference Room, 13777 Fruitvale Avenue. Conference with Legal Counsel- Initiation of litigation (Gov't Code 54956.9(c): (2 potential cases) Conference With Legal Counse1- Existing Litigation:(Govermnent Code section 54956.9(a)) Doug Adam Jonathan, Debtor U.S. Bankruptcy Court, N. Dist. CA, Bankruptcy No. 03- 57342-JRG Conference With Labor Negotiators (Gov't Code 54957.6): Agency designated representatives: Lorie Tinfow, Assistant City Manager & Tom Sullivan, Community Development Director Employee organization: Non SEA Members 10 At 9:50 p.m. City Attorney Taylor reported in Open Session that the Council had approved a settlement agreement in the matter of In Re Douglas Jonathan (U.S. Bankruptcy Court, N. Dist. Cal. BK No. 03-57342-JRG). ADJOURNMENT There be no further business Mayor King adjourned Closed Session at 10:00 p.m. 11