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HomeMy WebLinkAbout07-17-2002 City Council MinutesMINUTES SARATOGA CITY COUNCIL JULY 17, 2002 The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room, 13777 Fruitvale Avenue at 5:00 p.m. Conference With Legal Counsel -Existing Litigation (2 cases): (Government Code section 54956.9(a)) Name of case: Saratoga Fire Protection District v. City of Saratoga (Santa Clara County Superior Court No. CV-803540) City of Saratoga v. West Valley-Mission Community College District (California Court of Appeal, Sixth Appellate District No. H022365) Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: (2 cases) MAYOR'S REPORT ON CLOSED SESSION - 7:00 p.m. Mayor Streit reported that the City Council held a special meeting on July 10, 2002 and directed the City Attorney to file a response to the petition for review submitted to the California Supreme Court in the matter of City of Saratoga v. West Valley Mission College District. The decision was supported by a vote of 4-0 with Councilmember Bogosian abstaining. Mayor Streit announced that during closed session this evening, the City Council approved a settlement agreement in the matter of Saratoga Fire Protection District v. the City of Saratoga. The agreement was approved by a vote of 5-0. Councilmember Mehaffey noted that in light the Council's decision this evening to approve a settlement of the Fire District litigation, Councilmember Mehaffey moved that the Council reconsider the decision made on September 25, 2002 to deny the Fire District's application. Councilmember Mehaffey further stated that thanks to the good work of the AdHoc Committee the Council has a basis to direct the applicant to develop a proposal based on Scheme A including public parking in exchange for the City's transfer of the Heritage Plaza and to refer the matter back to the Planning Commission for review. Councilmember Mehaffey noted that he understands the Council cannot vote on this motion this evening, but asked that it be placed on the agenda for the August 7, 2002 City Council meeting and that the City Clerk schedule a public hearing for reconsideration of the Council's decision. Mayor Streit called the Regular City Council meeting to order at 7:00 p.m. and requested Ann Sullivan, Secretary to the City Manger, to lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Stan Bogosian, John Mehaffey, Ann Waltonsmith, Vice Mayor Evan Baker, Mayor Nick Streit ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Jesse Baloca, Administrative Services Director John Cherbone, Director of Public Works Joan Pisani, Recreation Director John Livingstone, Associate Planner Lata Vasudevan, Assistant Planner Cary Bloomquist, Administrative Analyst REPORT OF CITY CLERK ON POSTING OF AGENDA FOR JULY 17, 2002 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of July 17, 2002 was properly posted on July 12, 2002. COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS The following person requested to speak at tonight's meeting: Cheriel Jensen, 13737 Quito Road, noted that a year ago she came before the City Council requesting that the City preserve a walkway on Quito Road that has always belonged to the City of Saratoga. Ms. Jensen noted that she thinks it will soon have a fence on it. Ms. Jensen noted that Quito Road was moved over the centerline was painted 8-12 feet to the east where Quito Road was formally was and it became curved where it was formally straight. Prior to the renovation of the bridge, Ms. Jensen noted that there was a walkway on her property and a walkway on her neighbor's property, which was the only place pedestrians could use on Quito Road. Ms. Jensen noted that when the width of the bridge was widened the water District made it 56 feet wide of public right by taking of 40 additional feet from the property on the east side with an easement. Ms. Jensen noted that she donated the land for the new walkway and a flood easement. Ms. Jensen noted that her neighbor is relatively new to the neighborhood and was not aware of the widening of the road and the easements when he applied for the permit for his fence. In order to get his property surveyed Ms. Jensen noted that her neighbor used a 1924 description of his property, which has Quito Road placed 56 back in its original location. His survey now shows he owns the walkway. Ms. Jensen requested that the City help her with this issue. Bill Breck, 20375 Saratoga-Los Gatos Road, noted that this was the fifth time he has come before the City Council this year. Mr. Breck noted that Mr. Cutler still has not installed protected fences around the protected trees. Mr. Breck sited several violations that he has noticed on Mr. Cutler's property in which the City is not enforcing: 1) Violating UBC 3307 2) New permits are still being issued to Mr. Cutler 3) No penalties for cutting down protected trees 4) Project did not go through the City's Design Review process. Ciry Council Minutes 2 July 17, 2002 COMMUNICATIONS FROM BOARDS AND COMMISSIONS None WRITTEN COMMUNICATIONS None COUNCIL DIRECTION TO STAFF Vice Mayor Baker directed staff to follow up with Ms. Jensen and possibly agendize the issue at a future Council discussion. Councilmember Mehaffey noted that he would support agendizing this issue. Councilmember Waltonsmith requested Mr. Breck receive all the information he has requested. Councilmember Mehaffey asked why the tree protection fences were not up yet. City Manager Anderson noted that he would talk to staff in the morning and report back to Council. ANNOUNCEMENTS None SPECIAL PRESENTATIONS None CEREMONIAL ITEMS Mayor Streit announced that this Saturday the City's Attorney, Richard Taylor, was getting married. Mayor Streit presented City Attorney Taylor with a gift from the City Council and a gift from the City Manager's Office and wished him well with his future wife. CONSENT CALENDAR 2A. CITY COUNCIL 1VIINUTES -REGULAR MEETING MAY 5, 2002 STAFF RECOMMENDATION: Approve minutes. WALTONSMITHBAKERMQVED TO APPROVE CITY COUNCIL MINUTES OF MAY 5, 2002. MOTION PASSEDS-0. 2B. CITY COUNCIL MINUTES -REGULAR MEETING JUNE 5, 2002 STAFF RECOMMENDATION: Approve minutes. City Council Minutes 3 July 17, 2002 Councilmember Mehaffey requested that item 2B of the Consent Calendar be pulled. Councilmember Mehaffey noted that he was absent on June 5, 2002 so he would be abstaining from the vote. WALTONSMITH/BAKER MOVED TO APPROVE CITY COUNCIL MINUTES OF MAY 7, 2002. MOTION PASSED 4-0-1 WITH MEHAFFEY ABSTAINING. 2C. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. WALTONSMITHBAKER MOVED TO APPROVE CHECK REGISTER. MOTION PASSED 5-0. 2D. REVIEW PLANNING COMMISSION ACTION MINUTES - JUNE 26, 2002 STAFF RECOMMENDATION: Note and file. WALTONSMITH/BAKER MOVED TO APPROVE PLANNING ACTION MINUTES. MOTION PASSED 5-0. 2E. REVIEW PLANNING COMMISSION ACTION MINUTES - JULY 10, 2002 STAFF RECOMMENDATION: Note and file. WALTONSMITH/BAKER MOVED TO APPROVE PLANNING ACTION MINUTES. MOTION PASSED 5-0. 2F. CLAIM OF CAROL HUTCHINGS; CLAIM NO, GL-053529 STAFF RECOMMENDATION: Authorize ABAG to reject claim. WALTONSMITH/BAKER MOVED TO AUTHORIZE ABAG TO SETTLE CLAIM NO. GL-05347. MOTION PASSED 5-0. 2G. UNION PACIFIC RAILROAD TRAIL VTA FUNDING RESOLUTION STAFF RECOMMENDATION: Adopt resolution. City Council Minutes 4 July 17, 2002 TITLE OF RESOLUTION: 02-048 RESOLUTION OF THE CITY OF SARATOGA SUPPORTING THE TERMS AND CONDITIONS FOR TIER 1 FUNDING FROM THE VALLEY TRANSPORTATION AUTHORITY BICYCLE EXPENDITURE PROGRAM FOR REACH 3 OF THE PROPOSED UNION PACIFIC RAIL ROAD TRAIL PROJECT Councilmember Bogosian requested that item 2G of the Consent Calendar be pulled. Councilmember Bogosian asked for a brief description of the funding resolution proposed to Council tonight for approval. Cary Bloomquist, Administrative Analysis, responded that resolution before the Comicil tonight has been requested from VTA as part of the application process for Tier 1 funding for the bicycle program. The purpose of the resolution is so the VTA can earmark the funding for the City of Saratoga, it is not a commitment on behalf of the City to except or spend the funds. Analysis Bloomquist noted that the funding would be there if the City ever decided to go forward and participate in the program. For the record Councilmember Bogosian noted that the Council is not endorsing the approval of going forward with the constmction of the trail, the proposed resolution indicates that the City wants to reserve funding should there be consensus of the neighbors bordering the trail that the City go forward with it. The resolution indicates that the City would not loose share funding from the county. Vice Mayor Baker concurred with Councilmember Bogosian and noted that the City does not have consensus of the neighbors nor do they have all the data to make a decision. Councilmember Mehaffey noted that he concurred with his colleagues and added that his concern is that in the resolution it states that Saratoga is the lead agency. Councilmember Mehaffey asked if it was solely the City's decision whether or not the trail gets built. Analyst Bloomquist responded that it was completely up to the City. WALTONSMITH/MEHAFFEYMQVED TO ADOPT RESOLUTION SUPPORTING THE TERMS AND CONDITIONS FOR TIER I FUNDING FROM THE VTA. MOTION PASSED $-0. 2H. REQUEST BY SAN JOSE WATER COMPANY FOR AN PIPELINE EASEMENT THROUGH FOOTHILL PARK STAFF RECOMMENDATION: WALTONSMITH/BAKERMQVED TO AUTHORIZE EXECUTION OF AYSO AGREEMENT. MOTION PASSED $-0. City Council Minutes $ July 17, 2002 2I MOTOR VEHICLE (MV) RESOLUTION FOR THE INSTALLATION OF TWO STOP SIGNS ON HILL AVENUE, AT THE INTERSECTION OF HILL AVENUE AND MONTALVO ROAD STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: MV-236 RESOLUTION FOR THE INSTALLATION OF TWO STOP SIGNS ON HILL AVENUE, AT THE INTERSECTION OF HILL AVENUE AND MONTALVO ROAD WALTONSMITH/BAKER MOVED TO ADOPT RESOLUTION FOR THE INSTALLATION OF TWO STOP SIGNS ON HILL AVENUE, AT THE INTERSECTION OF HILL AVENUE AND MONTALVO ROAD. MOTION PASSED 5-0. 2J. MOTOR VEHICLE (MV) RESOLUTION PROHIBITING PARHING ALONG A PORTION OF FARWELL AVENUE STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: MV-237 RESOLUTION PROHIBITING PARHING ALONG A PORTION OF FARWELL AVENUE WALTONSMITH/BAKERMQVED TO ADOPT RESOLUTION PROHIBITING PARHING ALONG A PORTION OF FARWELL AVENUE. MOTION PASSED 5-0. 2K. MOTOR VEHICLE (MV) RESOLUTION PROHIBITING PARHING ALONG A PORTION OF HERRIMAN AVENUE STAFF RECOMMENDATION: Adopt resolution. Councilmember Bogosian requested that item 2K of the Consent Calendar be pulled. Councilmember Bogosian asked the specifics behind the request. Assistant City Manager Tinfow noted that she attended the Public Safety Commission meeting where they discussed this issue. Assistant City Manager Tinfow explained that the driveway at this particular property is %z circle and when cars are parked between the ingress and egress of the driveway it prohibits the property owners vision of oncoming cars. City Council Minutes 6 July 17, 2002 Assistant City Manager Tinfow explained that the property owner recently was hit while trying to exit her property. Councilmember Bogosian asked if the property owner is requesting that the center portion of the two driveways to be painted red. Assistant City Manager Tinfow responded yes. Councilmember Waltonsmith requested that this item be brought back to Council at the next meeting. Consensus of the City Council to continue this item to the August 7, 2002 City Council meeting. Mayor Streit requested that the Chair of the Public Safety Commission be present at the next meeting. 2L. MOTOR VEHICLE (MV) RESOLUTION PROHIBITING PARKING ALONG A PORTION OF TAMWORTH AVENUE STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: MV-239 RESOLUTION PROHIBITING PARKING ALONG A PORTION OF TAMWORTH AVENUE Vice Mayor Baker and Councilmember Bogosian requested that item 2L of the Consent Calendar be pulled. Councilmember Bogosian noted that his concerns are the same as the item prior. Consensus of the City Council to continue this item to the August 7, 2002 City Council meeting. PUBLIC HEARINGS RESOLUTION ORDERING ABATEMENT OF A PUBLIC NUISANCE BY REMOVAL OF HAZARDOUS BRUSH STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 02-053 RESOLUTION OF THE CITY COUNCIL ORDERING ABATEMENT OF A PUBLIC NUISANCE BY REMOVAL OF HAZARDOUS BRUSH Cathleen Boyer, City Clerk, presented staff report. City Clerk Boyer reported that the resolution before the Council this evening City Council Minutes 7 July 17, 2002 represents the second step in the Saratoga's Hazardous Vegetation Abatement Program administered by the County Fire Marshal's Office. City Clerk Boyer explained that the County has sent owners of the parcels requiring abatement informing them that the hazardous vegetation must be abated. City Clerk Boyer noted that Judy Saunders from the County Fire Marshall's Office was present tonight to answer any questions Council may have. Mayor Streit opened the public hearing at 7:29 p.m. Mayor Streit closed the public hearing at 7:30 p.m. WALTONSMITH/BAKERMQVED TO ADOPT RESOLUTION ORDERING ABATEMENT OF A PUBLIC NUISANCE BY REMOVAL OF HAZARDOUS BRUSH. MOTION PASSES 5-0. 4. ZONING ORDINANCE AMENDMENT-REQUIREMENTS FOR BASEMENTS STAFF RECOMMENDATION: Conduct public hearing; introduce ordinance; place on next agenda for adoption. Lata Vasudevan, Associate Planner, presented staff report. Planner Vasudevan explained that on June 19, 2002 the City Council reviewed the proposed amendment to the Zoning Ordinance with regard to requirements for basements. The City Council raised several issues and decided to continue the matter. Planner Vasudevan noted that staff has revised the proposed amendment to reflect comments raised by the City Council. Planner Vasudevan noted that following revisions: • Definition of "basement" on hillside lots • Development requirements for basements and lightwells Planner Vasudevan noted that also at the June 19`h meeting Council did not make any comments regarding the proposed requirement that there shall be no basement beneath accessory structure. Accessory structures are restricted to one-story and are typically used as pool cabanas, garages, guesthouses, or storage sheds. In addition to limiting the off haul of soil, the planning Commission felt that the use of accessory structures should not be intensified by adding a basement level. The City Council should discuss this requirement and decide to modify, delete, or keep this requirement as proposed. In regards to cabanas, Mayor Streit noted that he supports basements under this type of structure as long as it's within the setbacks and within the structures footprint. Vice Mayor Baker asked if accessory structures with basements need dual entries or exits. City Council Minutes $ July 17, 2002 John Livingstone, Associate Planner, responded that those requirements fall under the building code depending on the proposed use of the structure. Councilmember Mehaffey noted that basements under an accessory structure is beneficial as long as the structure meets the setback requirements and is limited to non-inhabitable space. Councilmember Mehaffey noted that basements would help reduce the sprawl and property owners get more usable space without the appearance of bulk and mass. Vice Mayor Baker noted he does not support building full basements under accessory structures because the permit does not restrict its use after it is built. Mayor Streit opened the public hearing at 7:41 p.m. Andrew Barnes, 14377 Old Wood Road, noted that he is currently constructing a house including a basement. Mr. Barnes noted that he has a problem with the definition of a "basement" and a "daylight basement". Mr. Barnes thinks that that the square footage of a basement should not be included in the total square footage of the house. Councilmember Mehaffey asked for clarification on the definition of a daylight basement. Mr. Bames explained that a daylight basement is a house on a hillside where half of the house is underground. Mayor Streit closed the public hearing at 7:44 p.m. Vice Mayor Baker noted that he does not disagree with Mr. Barnes in regards to daylight basements. Councilmember Mehaffey noted that Item D should be removed. 12ichard Taylor, City Attorney, suggested that "accessory structure" be added to Item A in the ordinance. MEHAFFEY/WALTONSMITH MOVED TO APPROVE THE DISCUSSED AMENDMENTS FO REMOVING ITEM D AND ADDING "ACCESSORY STRUCTURES TO ITEM A. MOTION PASSED 5-0. WALTONSMITH/MEHAFFEY MOVED TO INTRODUCE ORDINANCE WAIVE THE FIRST READING, AND PLACE ON THE AGENDA FOR ADOPTION ON AUGUST 7, 2002. MOTION ASSED 5-0. 5. ZONING ORDINANCE AMENDMENT -SINGLE STORY OVERLAY STAFF RECOMMENDATION: Conduct public hearing; introduce ordinance; place on next agenda for adoption. City Council Minutes g July 17, 2002 Vice Mayor Baker recused himself from discussing this item and stepped down from the dais. John Livingstone, Assistant Planner, presented staff report. Planner Livingstone explained that on January 16, 2002 the City Council adopted a resolution directing the Planning Commission to study and report back to them on a proposal to establish a single story limitation in the Saratoga Woods Neighborhood. Staff conducted a poll of all the property owners the Saratoga neighborhood to determine the breadth of interest of establishing a zoning overlay restriction to limit the area to single story only. Staff provided the findings to the Planning Commission who in turn reported their finding to the City Council. The results were as follows: • 401 cards sent out • 260 returned cards • 178 (66%) support • 82 (30%) oppose • 11 returned maiUundecided Planner Livingstone noted that the Saratoga Woods Neighborhood is predominantly single story dwellings. In the Saratoga Woods there are 394 dwellings. There are 26, original 2-story homes these include three that had finished attics above the garage. There have been seven 2"d story additions. A restriction such as the one proposed is intended to protect neighborhood compatibility, privacy and character. Planner Livingstone noted that the restriction would disallow any new second story additions and disallow any tow story reconstruction in the Saratoga Woods neighborhood. The existing two story dwellings would be exempt from this ordinance. Mayor Streit opened the public hearing at 7:SOp.m. Dan Watson, 18796 Westview Drive, noted that he fully supports the proposed ordinance. Jeanne Holst, 2306 Kosich Court, noted that she has lived at this house for 17 years. Ms. Holst noted that her main concern is the loss of privacy. Ms. Holst noted that the CCR's of this neighborhood forbid second stories. Ms. Holst noted that she fully supports the proposed ordinance. David Gremer, 12388 Radoyka Drive, noted that he fully supports the proposed ordinance. Sarka Barbarossa, 12430 Curry Court, noted that she purchased her home in March 2002 and fully supports the proposed ordinance. Doug Boling, 12481 Saratoga Creek Drive, noted that he opposes the proposed ordinance. City Council Minutes 1 ~ July 17, 2002 Pat Neargarder, 12400 Radoyka Drive, noted that he moved to this neighborhood 13 years ago and the single story look is what ariracted him their. Mr. Neargarder noted that he supports the proposed ordinance. David McEachron, 18966 Saratoga Glen Place, noted that he fully supports the proposed ordinance. Marcia Farris, 1$983 Saratoga Glen Place, noted that past surveys of passing an overlay has been as high as 90% in support. Ms. Fariss noted that most CCRs limit the height on houses. Ms. Farris noted that she supports the proposed ordinance. Carl Nielsen, 18921 Cyril Place, noted that he has lived in the Saratoga Woods neighborhood for 30 years. Mr. Nielson noted that he fully supports the proposed ordinance. Mayor Streit closed the public hearing at 8:05 p.m. Councilmember Bogosian noted that he fully supports the proposed ordinance. Councilmember Bogosian noted that the lots are large enough to accommodate single story additions. Councilmember Waltonsmith noted that the request for this ordinance came from the residents not from the Council. Councihnember Waltonsmith noted that she fully supports the proposed ordinance. Councilmember Mehaffey asked City Attorney Taylor if property owners could request a variance. City Attorney Taylor explained that if a property owner can show the Planning Commission that their property is unique compared to other surrounding homes. Councihnember Mehaffey noted he supports the proposed ordinance with the exception of including the area north of Cabernet Drive because there are several existing two-story homes. Mayor Streit noted that he fully supports the proposed ordinance. BOGOSIAN/WALTONSMITH MOVED TO INTRODUCE ORDINANCE, WAIVE THE FIRST READING. AND PLACE ON THE AGENDA FOR ADOPTION FOR AUGUST 7. 2002. MOTION PASSED 4-1-1 WITH MEHAFFEY OPPOSING AND BAKER ABSTAINING. 6. ORDINANCE ESTABLISHING THE MANNER IN WHICH MEMBERSHIP TERMS ON CITY COMMISSIONS ARE STAGGERED STAFF RECOMMENDATION: Conduct public hearing; introduce ordinance; place on next agenda for adoption. Richard Taylor, City Attorney, presented staff report. City Attorney Traylor explained that the adoption of procedures regarding city City Council Minutes 11 July 17, 2002 Commissions, the City Council directed staff to prepare an ordinance revising the way in which membership terms on City Commissions are staggered, so as to avoid the loss of a significant portion of Commission membership in a single year and to increase the frequency with which members of the community have an opportunity to apply for positions on City Commissions. Currently most commission terms are structured that four terms expire one year, none the next, three the following year, none the next, and so on. City Attorney Taylor noted that the proposed ordinance would make approximately an equal number of seats on each commission subject to appointment each year by staggering the expiration dates of the terms of the Commissioners on each Commission. Mayor Streit opened the public hearing at 8:19 p.m. Mayor Streit closed the public hearing at 8:19 p.m. BAKER/WALTONSMITH MOVED TO INTRODUCE ORDINANCE, WAIVE THE FIRST READING, AND PLACE ON THE AGENDA FOR ADOPTION FOR AUGUST 7, 2002. MOTION PASSED 5-0. OLD BUSINESS AZULE PARK -CONSIDERATION OF KNOLLWOOD COURT PEDESTRIAN ACCESS STAFF RECOMMENDATION: Approve inclusion or exclusion of pedestrian access. John Cherbone, Public Works Director, presented staff report. Director Cherbone explained that at the March 20, 2002 City Council meeting the 100% Azule Park design plans were approved, however the decision to include a pedestrian access from Knollwood Court was postponed until a full Council was present. Councilmember Mehaffey noted that he was absent on the June 6, 2002 City Council meeting when this item was discussed and since then he has reviewed that tape of the meeting and noted he is ready to proceed with the process. Conrad Kumata, 19987 Knollwood Drive, noted that he oppose the access to Azule Park on Knollwood Court. Anwar Ghazi, 12241 Marilla Drive, noted that he oppose the access to Azule Park on Knollwood Court. Mr. Anwar noted that this access to the park would change the character of the neighborhood. City Council Minutes 12 July 17, 2002 Annette McPhail, 12239 Marina Drive, noted that she oppose the access to Azule Park on Knollwood Court. Ms. McPhail noted that she thinks the access will create added traffic and safety concerns. Herman Lao, 19974 Knollwood Drive, noted that 26 households oppose to this access at Knollwood Court. Mr. Lao stated that he feels the only reason this access is being proposed is to alleviate traffic for the other side of the park. Gregory Gates, 13226 Montrose Street, Parks and Recreation Commission and Azule Park Task Force member. Mr. Gates noted that a survey was sent out to residents surrounding Azule Park and 53% wanted the access. Tom Soukup, Goleta Avenue, noted that he is not for or against the access but feels closure to this debate needs to happed this evening and move forward with the construction of the park. Mark Frazier, 20308 Knollwood Drive, noted that he supports the access on Knollwood Court. Vice Mayor Baker noted that he opposes opening the access to Azule Park on Knollwood Court. Vice Mayor Baker noted that the neighbors do not want the access trail. Councilmember Waltonsmith noted that she supports opening the access on Knollwood Court on a trial basis. Councilmember Waltonsmith noted that if the neighbors experience trouble, Council could close the access. Councilmember Mehaffey noted he feels the trail should be opened two months after the grand opening of the park and Council review the use in one year. Councilmember Mehaffey noted that he feels if people were going to drive to the park they would use Goleta Avenue. Councihnember Bogosian noted that he supports the access trail open on a trial basis. Mayor Streit noted that does not support opening an access on Knoll wood Court. Mayor Streit stated that he feels it would change the character of the neighborhood. BOGOSIAN/WALTONSMITHMQVED TO APPROVE INCLUSION OF ACCESS AT KNOLL WOOD COURT WITH THE PROVISO THAT THE OPENING BE DELAYED 2 MONTHS AFTER THE GRAND OPENING OF AZULE PARK AND SECONDLY AND CLOSE THE ACCESS ONE YEAR FROM THE TIME IT IS OPENED. MOTION PASSED 3-2 WITH STREIT AND BAKER OPPOSING. 12. VALLEY TRANSPORTATION AUTHORITY (VTA) OPERATOR'S FACILITY AT THE WEST VALLEY COLLEGE TRANSIT CENTER STAFF RECOMMENDATION: Accept report and direct staff accordingly. City Council Minutes 13 July 17, 2002 John Cherbone, Public Works Director, presented staff report. Director Cherbone explained the background of the Valley Transportation's Operator's Facility at the corner of Allendale and the ingress to the Transit Center. Concerned residents asked the City to help facilitate a dialogue with the VTA and the College regarding the location of the restroom. A sit meeting was held between residents, VTA representatives, College representatives, City staff, and Councilmember Ann Waltonsmith. Director Cherbone noted that VTA agreed to delay the completion of the restroom until alternative locations, which were identified at the site meeting, were investigated. VTA has been adamant that they do not have any funds for the restroom relocation and the College although supportive of the relocation, has indicated that they will not participate in funding its relocation. However, VTA has agreed to provide additional landscaping and screening of the restroom at its current planned location to make the restroom as unobtrusive as possible. Director Cherbone noted that VTA has indicated that they need to proceed with construction of the restroom as soon as possible. Jim Pierson, Director of planning and Development/Valley Transportation Authority, noted that he started working with the college quite a while ago to upgrade the transit center at West Valley College. An operator's facility is necessary in areas where there is a layover area. Mr. Pierson noted that VTA worked out the details with the College. After VTA had the College's approval VTA sent the plans to the City and the operator's facility was listed as a future project. Currently there is a foundation and utilities, but nothing else has been done at the site. Mr. Pierson noted that when VTA heard the concerns of the neighborhood and the City about the location of the facility VTA agree to meet at the site. Mr. Pierson noted that VTA does not have the additional funding to pay to construct the facility at an alternate location. Mr. Pierson noted that after several meetings the group has narrowed down six different alternatives to two. VTA has agreed to pay for additional screening. Councilmember Waltonsmith asked Mr. Pierson how many major transit centers have operator's facilities and are they located in neighborhoods or in industrial areas. Mr. Pierson responded that VTA has 6 or 7 operator facilities and most of them are at light rail centers. Councilmember Waltonsmith asked Mr. Pierson if VTA sent the plans for the facility to the City out of courtesy. Mr. Pierson responded that VTA didn't need to send the plans to the City because the land is exempt from the City because it is owned by West Valley College City Council Minutes 14 July 17, 2002 Vice Mayor Baker asked if there has always been an operator's facility at West Valley College. Mr. Pierson stated that the drivers would have to go on campus to use a facility. Mr. Pierson noted walking around the campus at night brought up security issues for the female drivers. Mr. Pierson noted that he did note realize that the proposed operator's facility would become such a problem. Jeffrey Schwartz, 19281 San Marcos Road, introduced the new chancellor for the West Valley/Nlission College District, Stan Arterberry: Stan Arterberry, Chancellor/West Valley Mission College District, noted that West Valley has agreed to the new location of the operator's facility and will work with VTA to construct it. Councilmember Waltonsmith asked Mr. Arterberry if he knew what an operator's facility was. Mr. Arterberry responded no. Mr. Schwartz noted that he would like to address the Council as a resident and not as a West Valley Board member. Mr. Schwartz thanked John Cherbone. Mr. Schwartz noted that the placement of the proposed bathroom on the corner of Fruitvale/Allendale Avenue by VTA is mistake and was not fully thought out. Mr. Schwartz noted that tin the beginning the College did not understand what an "operator's facility" was. Mr./ Schwartz noted that the neighbors were never noticed about the project. Nai Hsueh, 13897 Yerba Santa Court, noted that the neighbors were noticed after the construction started. Ms. Hsueh noted that if it was not Mr. England's leadership efforts the neighborhoods would not of known VTA's plans of a restroom on the corner of Fruitvale/Allendale Avenue. Russell Hume, 13833 Yerba Santa Court, noted that he does not object that the bus drivers need an operator's facility; his objection is to the proposed location. Brett England, 13896 Yerba Santa Court, noted that there has been two new proposed locations; 1) move lower into parking lot with additional screening 2) move toward the rear hill. The new sites would cost approximately $430-$630 thousand dollars. Mr. England requested that the City Council ask VTA to stop construction and look at to alternatives. Robert Lee, 13864 Yerba Santa Court, thanked Councilmember Waltonsmith for all of her time she has invested in the issue and requested that the City Council ask the VTA to stop construction. Vic Monia, 14665 Granite Way, noted that he supports the neighbors' request to stop VTA's construction until all options have been examined. City Council Minutes 1$ July 17, 2002 Malcolm Brodrick, Dean/Administrative Services/West Valley College, noted that When he saw the plans of the transit facility he did not see the operators facility on the plans. When the construction started he was surprised of what was being built. Mr. Brodrick noted he supports both alternatives. Mayor Streit asked Mr. Brodrick what option he preferred. Mr. Brodrick noted that he would support what the neighborhood wants. Mr. Pierson added that VTA would try and identify additional funding to help defer the cost of an alternative location. Councilmember Waltonsmith noted that she would support moving the facility as far away from the corner as possible. Councilmember Bogosian noted that the design of the building, for whatever use, is not appropriate at the corner of Fruitvale/Allendale Avenue. Mayor Streit suggested an AdHoc Committee be formed composed of a few neighbors, a council representative, VTA, and West Valley College to find exact cost of alternative locations and pinpoint funds to construct the facility in a timely manner. Vice Mayor Baker volunteered to participate on the AdHoc Committee. Mayor Streit thanked the VTA representatives and all the neighbors for participating in tonight's discussion. Mayor Streit declared a 10-minute break at 9:45 p.m. Mayor Streit reconvened the meeting at 9:55 p.m. NEW BUSINESS POTENTIAL USES OF THE GRACE UNITED METHODIST CHURCH STAFF RECOMMENDATION: Review site use options and direct staff accordingly. Joan Pisani, Recreation Director, presented staff report. Director Pisani explained that on June 5, 2002 the City Council approved a contract with Noll and Tam Architects to complete Phase 1 of the Grace United Methodist Church Renovation Project. Phase 1 included a condition analysis of the existing buildings, a CIP scope of work, and a cost estimate. This work was complete and the report delivered to the City Council in July 5, 2002. City Council Minutes 16 July 17, 2002 Director Pisani noted that subsequent to review of the study, the City Council directed staff to agendize a discussion of the potential uses of the site. Director Pisani explained the following options available for usage of the site: • Move the Senior Center programs to new site and move Sheriffls Office to current Senior Center • Demolish sanctuary and education buildings, purchase library portable and move Sheriff s office in portable on Church property • Demolish sanctuary and education building only, for office, recreation and community meeting room usage, deferring the rehabilitation of other buildings on the site • Demolish existing buildings on the property and provide grass and irrigation for open space and sports league practice • Mothball existing buildings and utilize open space for day use park Councilmember Waltonsmith stated that she thinks the Administrative Building and the Fellowship Building are in good condition with a few renovations. Councilmember Bogosian noted that he recently visited the sight and was not impressed. Councilmember Bogosian suggested using portable buildings instead of putting money into the existing buildings. Vice Mayor Baker noted that the City paid more for the property then it had. Vice Mayor Baker noted that it is a great piece of property, but the buildings are in bad shape. Vice Mayor Baker stated that the estimates that came in were overpriced to do adequate renovations to use the facility as a Senior Center. Vice Mayor Baker noted he is not willing to spend the money to make this property minimally useable. Councilmember Mehaffey noted that he supported the purchase the property, but he is not willing to spend $1 million dollars to upgrade it enough to use as Senior Center. Councilmember Mehaffey noted that the City should moth ball the buildings and use them only as day use. Councilmember Waltonsmith noted that she would like to find a way to at least use some the space for recreational and/or senior programs. Reverend Judith Stone, 19848 Prospect Road, noted that she was the former pastor at the Grace United Methodist Church. Rev. Stone noted that one reason the congregation decided to sell the property to the City of Saratoga was because of the City's proposed uses "civic uses". Rev. Stone noted that the Church could not afford the necessary renovations. Art Okuno, 21811 Via Regina, noted that he is a member of the Taiko Drum Group. Mr. Okuno stated the Church has allowed the Group to use the Fellowship Building to practice in and also a space to store their equipment. Mr. Okuno requested that the City Council continue to allow the Group to use the facility. Joan Gomersall, 19817 Veronica Drive, noted that she represents group of women who meet regularly in the Fellowship Building. Ms. Gomersall requested that the City allow her group to continue to use the building. City Council Minutes 17 July 17, 2002 Betty Feldheym, 20184 Franklin Avenue, suggested that the City should try and build some type of affordable housing on the property. Peter Marra, 12560 Wardell Court, requested that the City Council continue to allow the Taiko Drum Group use the Fellowship building. Councilmember Bogosian asked City Attorney Taylor if the City could legally continue to have the building available to different groups, such as the Taiko Drum group, without having to trigger ADA requirements. City Attorney Taylor noted that he would look into the questions and report back to Council at a later time. Councilmember Bogosian noted that he would like to see the grounds maintained and find some community uses for the property. City Manager Anderson noted that daily presence on the property would help prevent vandalism. Director Pisani explained that would cost the City approximately $13,000 a year to maintain the property's landscaping. It would cost approximately $20,000 to moth ball the building, which would include changing the locks, sensor lights outside, continue paying PG&E and water service. Total cost to do nothing on the property except having a nice landscape would be approximately $33, 000. Vice Mayor Baker noted it is the City's responsibility to keep the property from becoming an eyesore. Mayor Streit noted that he would like to see the City work with the neighbors to repair good neighbor fences. Consensus of the City Council to direct staff to return to Council with a cost proposal to renovate the large Administrative Building in an effort to have some activity at this new City property. 10. APPROVAL OF PURCHASE AND APPROPRIATION OF FUNDS - GRACE UNITED METHODIST CHURCH STAFF RECOMMENDATION: Approve purchase and appropriation of funds. TITLE OF RESOLUTION: 02-054 RESOLUTION OF THE CITY COUNCIL AMENDING THE 2002-2003 BUDGET AND THE 5-YEAR CAPITAL IMPROVEMENT PROJECT (CIP) FOR AN APPROPRIATION OF $4.5 MILLION DOLLARS FOR THE PURCHASE OF REAL PROPERTY AND ALLOCATION OF FUNDS FOR THE PROPERTY LOCATED AT 19848 PROSPECT AVENUE (APN: 386-26-070 & 386-26-071) City Council Minutes 1$ July 17, 2002 Dave Anderson, City Manager, presented staff report. City Manager Anderson explained the background of the City's acquisition of the property located at 19848 Prospect Avenue. City Manager Anderson stated that tonight the City Council is considering the final purchase authorization and the appropriation of the balance of the funds to purchase the property. If the City Council authorizes the purchase, City Manager Anderson noted that he would sign the documents that will implement the purchase agreement and appropriate the funds. City manager Anderson stated that the City should assume ownership at the end of an escrow period that would be complete prior to the August 16th deadline. BOGOSIAN/WALTONSMITH MOVED TO ADOPT RESOLUTION AMENDING THE 2002-03 BUDGET AND THE CIP BUDGET TO PURCHASE THE PROPERTY LOCATED AT 19848 PROSPECT AVENUE. MOTION PASSED 5-0. 11. VILLAGE GREEN NEIGHBORHOOD ASSOCIATION -NTMP STAFF RECOMMENDATION: Accept report and direct staff accordingly. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow explained that staff began working with the Village Green Neighborhood Association in January 2002 to address parking and traffic issues experienced by area residents. There have been two meetings-the first kickoff meeting to explain the process and get underway; and a second, in which the results of the traffic data collected were presented. Assistant City Manager Tinfow explained that since that time the residents have completed Phase I of the program and in May requested Public Safety Commission (PSC) permission to begin implementation of Phase II. Assistant City Manger Tinfow noted that the Public Safety Center process was coming to a close at the same time the NTMP was getting started. As part of a review of traffic impacts to Highway 9 and Saratoga Avenue, the idea of looking outside the neighborhood for ways to improve traffic issues such as cut through traffic and speeding was developed. A median on Highway 9 to curtail the cut- through use of Oak Place was one idea that was generated in overlap conversations among members of both groups. Assistant City Manger Tinfow explained that staff has worked with VGNA to determine the appropriate process to move forward. Staying within the NTMP guidelines would require VGNA to collect signatures in support of the median from the property owners immediately adjacent to the median and 60% of the remaining households represented by their association. City Council Minutes 19 July 17, 2002 Assistant City Manger Tinfow noted that that the current NTMP document needs revising given the City's current experience with the program. In going through the process with the neighborhoods, staff has identified several areas of conflict with in the documents as well as parts of the process that work better if tailored to the particular group. Staff will work with the Public Safety Commission to refine the NTMP document/process in the coming months. Jeny Bruce, Federated Church, noted that the Church shares the concern for cut through traffic and the drive for a light at Oak Street with the GNA. Denise Michel, 20375 Park Avenue, noted that she was the Co-President of the Village Green Neighborhood Association. Ms. Michel noted that her neighborhood has tried to maintain their historic characteristics. Ms. Michele noted that 800-1,000 cars a day that drive through Oak Place and Park Street. Ms. Michele noted that those streets are used by commuters mostly from Los Gatos trying to et to Highway 85. Ms. Michele noted that the VGNA appreciates the help from the City. Ms. Michele noted that the VGNA has not voted on the light at Oak Street they have only discussed the median and speed bumps. The VGNA is willing to corporate with the City in anyway to alleviate the area of traffic and take back their neighborhood. Councilmember Mehaffey asked where the proposed median proposed to re-mediate the traffic from Los Gatos to Highway 85. Ms. Michele responded yes and also the reverse direction. Ms. Michele noted that a "No Right Turn" sign would also be installed. Vice Mayor Baker noted that the volume of cars that go through that neighborhood is excessive. Vice Mayor Baker asked if the City installed a sign that read "Local Traffic Only" are there any legal ramifications. City Attorney Taylor noted that if supported by traffic studies and is good of the majority of property owners there are no legal obstacles. Councilmember Bogosian noted that many people in the community support a light at Oak Street because it is difficult to get out on Saratoga Avenue. Councilmember Bogosian noted that he would be willing to take the VGNA out of the NTMP program and suggested forming a committee to develop a process and find out what the neighbors want. Consensus of the City Council to form a committee, to include Director John Cherbone, a VGNA representative, Councilmember Bogosian and Councilmember Mehaffey, a member of the Saratoga Fire District, a member from Federated Church, and a member of the SCC Sheriff's Department. City Council Minutes 2Q July 17, 2002 17. APPOINTMENT OF BUILDING APPEALS BOARD MEMBERS STAFF RECOMMENDATION: Appoint members to the City Building Appeals Board. Richard Taylor, City Attorney presented staff report. City Attorney Taylor explained that On July 10, 2002, an appeal was filed with regard to decisions made by the City Building Official on property known as 14480 oak Place. The Uniform Building Code (UBC) creates a board of appeals in order to hear and decide appeals of decisions made by the Building Official relative to the application and interpretation of the UBC. The UBC adopted by reference in Article 16-OS of the City Code. The UBC provides that the members of the Building Appeals Board shall be appointed by the City Council. City Attorney Taylor noted there have not been any members of the Building Appeals Board in the City of Saratoga for many years. City Attorney Taylor explained that staff is requesting that the City Council appoint members to the City's Building Appeals Board. The following people have agreed to serve as members of the Board: Steve Benzing, William Bean, Paul Belotti, and William Brown. BOGOSIAN/WALTONSMITH MOVED TO APPOINT BENZING, BEAN, AND BROWN TO THE BUILDING BOARD OF APPEALS. MOTION PASSED 5-0. OLD BUSINESS 8. SARATOGA LIBRARY PROJECT UPDATE STAFF RECOMMENDATION: Informational only. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow explained that Change Order #3 for removal of the concrete found in the existing building footages was completed at a final cost of $10,109.36 other change requests total $56,338 for work like additional HVAC duct routing, and represent all contractor requests made to date. Many requests are dismissed or are negotiated to smaller amounts. Assistant City Manager Tinfow explained that the Budget Summary also shows two other significant changes: • The architect's change order total was increased to $52,000 to reflect the $3,000 change order approved on May 7, 2002 that will be offset by a Thompson Pacific credit • A placeholder of $80,000 for additional architect's services under "Estimate of Changes to Contract". The Citizen Oversight Committee requested that a "worst case" dollar amount be developed and carried in the summary • Amounts paid-to-date City Council Minutes 21 July 17, 2002 Assistant City Manager Tinfow stated that the construction remains on schedule. The construction completion date continues to be February 28, 2003, and the library will open in Spring 2003. Mayor Streit thanked Assistant City Manager Tinfow for the update. NEW BUSINESS 13. ADDITIONAL SERVICES FOR SARATOGA LIBRARY PROJECT STAFF RECOMMENDATION: Authorize additional charges and expenditures. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow explained that that staff was requesting Council authorize an additional charge of $13,338 to be paid to Field Paoli for subconsultant O'Mahoney & Meyer to design a telecommunications and data network cabling and termination system for the library to assist in preparation of scope of work for RFP purposes. Secondly, Assistant City Manager Tinfow explained that staff was also requesting Council authorize expenditure of not to exceed $11,000 for performance of mold remediation work and inspection fees and award bid to American Technologies Inc. BOGOSIAN/WALTONSMITH MOVED TO AUTHORIZE ADDITIONAL CHARGES AND EXPENDITURES FOR SARATOGA LIBRARY PROJECT. Motion passed 5-0. 15. SCHEDULE OF FEES - FY 2002-2003 STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 02-056 Jesse Baloca, Administrative Services Director, presented staff report. Director Baloca explained that on June 5, 2002, that City Council recommended that Finance Commission conduct further review of the proposed fee schedule with the presence of the Community Development Directory. Finance Commission met on June 17, 2002 to review the proposed cost recovery structure, Implementation and administrative process, and to also compare the fee and deposit practices of other cites. Finance Commission motioned approval of the 2002-03 Schedule of Fees with the recommendation that a review of the cost recovery program be provided during the mid-year review of the budget. MEHAFFEY/WALTONSMITH MOVED TO ADOPT RESOLUTION APPROVING THE FY 2002-2003 SCHEDULE OF FEES. MOTION PASSED 5-0. City Council Minutes 22 July 17, 2002 16. DESIGNATION OF VOTING DELEGATE FOR LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE STAFF RECOMMENDATION: Select a member of the City Council to be the voting delegate. BOGOSIAN/MEHAFFEY MOVED TO APPOINT COUNCILMEMBER ANN WALTONSMITH AS THE CITY'S VOTING DELEGATE FOR THE 2002 LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE. MOTION PASSED 5-0. AGENCY ASSIGNMENT REPORTS CITY COUNCIL ITEMS Councilmember Waltonsmith asked if staff has ever heard back from the Monterey Bay Area Coalition. City Manager Anderson noted that he would check with staff and report back to Council. OTHER None CITY MANAGER'S REPORT None ADJOURNMENT There being no further business Mayor Streit adjourned the meeting at 12:10 p.m. City Council Minutes 23 July 17, 2002