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HomeMy WebLinkAbout10-01-2003 City Council Minutes MINUTES SARATOGA CITY COUNCIL OCTOBER 1, 2003 The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room. 13777 Fruitvale Avenue. at 6:00 p.m. Conference with Legal Counsel- Threatened Litigation: Significant exposure to litigation pursuant to Government Code section 54956.9(b): (2 potential cases) Conference with Legal Counsel - Consideration of Liability Claims (Gov't Code 54956.95): Claimant: Mark Fenster Agency claimed against: City of Saratoga 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 Regular City Council meeting to order at 7:00 p.m. and lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Stan Bogosian, Kathleen King, Norman Kline, Vice Mayor Ann Waltonsmith, Mayor Nick Streit ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Jonathan Wittwer, City Attorney Cathleen Boyer, City Clerk Jesse Baloca, Administrative Services Director Tom Sullivan, Community Development Director John Cherbone, Public Works Director REPORT OF CITY CLERK ON POSTING OF AGENDA FOR OCTOBER 1, 2003 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of October 1, 2003 was properly posted on September 25, 2003. COMMUNICATIONS FORM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS The following people requested to speak at tonight's meeting: Dr. Ralph Wood noted that his concern was that the proposed Tree Ordinance does not address how close a person can plant near property lines. Dr. Wood suggested that the Council consider adding this to the proposed Tree Ordinance. Herb Radding read a letter to the Council requesting the City's assistance in correcting a problem concerning a large power generator located at 14038 Chester Avenue. Mr. Radding explained his opposition in regards to the City Attorney's ruling about the generator. Mr. Radding noted that he feels the generator violates the City's noise ordinance. COMMUNICATIONS FORM COMMISSIONS None WRITTEN COMMUNICATIONS None COUNCIL DIRECTION TO STAFF Vice Mayor WaItonsmith requested that staff address to Mr. Radding's concerns and report back to Council. Councilmember Bogosian noted that he supported Vice Mayor Waltonsmith's request. Referring to Dr. Wood's concerns, Councilmember Kline requested that when the Tree Ordinance comes back to Council on November 5th, staff address his concerns. Vice Mayor WaItonsmith noted that she supported Councilmember Kline's request. ANNOUNCEMENTS None CEREMONIAL ITEMS lA. PROCLAMATION DECLARING THE WEEK OF OCTOBER 19 -26, 2003 "BUILDING BRIDGES WEEK" STAFF RECOMMENDATION: Present proclamation. 2 Mayor Streit read the proclamation and presented it to Dr. Fred Armstrong representing the Saratoga Rotary. 1B APPOINTMENT AND OATH OF OFFICE FOR ARTS, FINANCE, PARKS & RECREATION AND PUBLIC SAFETY COMMISSION STAFF RECOMMENDATION: Adopt resolution and administer Oath of Office. TITLE OF RESOLUTION: 03-057 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPOINTING ONE MEMBER TO THE ARTS COMMISSION TITLE OF RESOLUTION: 03-058 RESOLUTION OF THE CITY COUNCIL APPOINTING THREE MEMBERS TO THE FINANCE COMMISSION TITLE OF RESOLUTION: 03-059 RESOLUTION OF THE CITY COUNCIL APPOINTING THREE MEMBERS AND REAPPOINTING ONE MEMEBR TO THE PARKS AND RECREATION COMMISSION TITLE OF RESOLUTION: 03-060 RESOLUTION OF THE CITY COUNCIL APPOINTING ONE MEMBER TO THE PUBLIC SAFETY COMMISSION W ALTONSMITH/KING MOVED TO ADOPT RESOLUTIONS APPOINTING NEW COMMISSIONERS TO THE ARTS, FINANCE, PARKS & RECREATION, AND PUBLIC SAFETY COMMISISONS. MOTION PASSED 5-0. City Clerk Boyer administered the Oath of Office to Geetanjali Arunkumar, Simon Chin, Norman Siegler, William "Bart" Ruebensen, Vita Bruno, Anne Sanquini, Thomas Soukup, and Kenneth Biester. Sandra Dodge was unable to attend tonight's meeting. 1 C. COMMENDATIONS FOR OUTGOING FINANCE AND PARKS AND RECREATION COMMISSIONERS STAFF RECOMMENDATION: Present commendations. 3 Mayor Streit read the commendations and presented them to Emily Garbe, Chuck Swan, and Elaine Clabeaux. CONSENT CALENDAR 2A CITY COUNCIL MINUTES - SEPTEMBER 3, 2003 STAFF RECOMMENDATION: Approve minutes. Councihnember Bogosian requested that item 2A be removed form the Consent Calendar. Councilmember Bogosian requested that on page 6, the following be added to Item 2J, "Councilmember Bogosian requested a role call vote; 5-0 ayes." Councilmember Bogosian requested that on page 8, the following be added to Item 3, "Councilmember Bogosian asked City Attorney if a person receives a misdemeanor citation would it appear on a court record. City Attorney Taylor responded that he did not know but would report back to Council at the next meeting. " BOGOSIANIKLINE MOVED TO APPROVE CITY COUNCIL MINUTES OF SEPTEMBER 3,2003 AS AMENDED. MOTION PASSED 5-0. 2B. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. Councilmember Bogosian requested that item 2B be removed form the Consent Calendar. Referring to page 1, Councilmember Bogosian requested an explanation of charges form Terri Baron. City Manger Anderson noted that staff would provide Council with a full description of the charges. Consensus of the City Council to continue check register to the next meeting on October 15,2003. 2C. PLANNING ACTION MINUTES - SEPTEMBER 24, 2003 STAFF RECOMMENDATION: Note and file. WALTONSMITHlKLINE MOVED TO NOTE AND FILE PLANNING ACTION MINUTES FOR JULY 23, 2003. MOTION PASSED 5-0. 4 2D. CLAIM OF MARK FENSTER; CLAIM NO. GL-055079 STAFF RECOMMENDATION: Authorize ABAG to settle the claim. W ALTONSMITHlKLINE MOVED TO SETTLE THE CLAIM OF MARK FENSTER. MOTION PASSED 5-0. 2E. LETTER OF OPPOSITION TO AB 1160 STAFF RECOMMENDATION: Authorize Mayor to sign letter of opposition. W ALTONSMITHlKLINE MOVED TO AUTHORIZE MAYOR TO SIGN LETTER OF OPPOSITION. MOTION PASSED 5-0. PUBLIC HEARINGS None OLD BUSINESS 3. NORTON ROAD EMERGENCY ACCESS ROAD STAFF RECOMMENDATION: Accept report and direct staff accordingly. John Cherbone, Public Works Director, presented staffreport. Director Cherbone presented a brief background in regards to the Norton Road Emergency Access Road noting that the proposed connection would allow emergency access form Norton Road through Montalvo and ultimately to Piedmont Road. Director Cherbone explained that in June 2001, a meeting was facilitated with Villa Montalvo and interested hillside residents. Villa Montalvo was receptive to the proposal with the caveat that the unimproved Wildcat Road Right-of -Way be improved. Villa Montalvo indicated that they would like to use this right-of-way as a second egress during specific times of the year to facilitate their traffic needs. Director Cherbone noted that that in November 2001 staff presented a preliminary feasibility of the two segments was presented to the City Council. The Council found that the lower Wildcat Rright-of- W ay segment would be too difficult and expensive to explore further because of the presence of heavy vegetation and because of close proximately to seasonal creek, which would require extensive permanent erosion control. The City Council agreed that the upper Norton Road segment was the most feasible way to facilitate an additional emergency access road and directed staff to continue discussions with Villa Montalvo. 5 Director Cherbone explained that after the November 2001 meeting staff met with Villa Montalvo's Project Manager for the Artist in Residency Project. Staff went over the benefits of the access road for both residents and Montalvo and assured them that it would remain closed at alI times and used only in the event of an emergency. Director Cherbone noted that after this meeting staff had a fair degree of optimism that Montalvo would continue to explore the issue with the City. Director Cherbone noted that the optimism was short lived. Repeated attempts over the past year by City staff and former Councilmember Evan Baker were unsuccessful in furthering the discussions with Montalvo. Director Cherbone noted that Chief Gordon Duncan, Saratoga Fire Protection District, was present and available to answer any questions. Director Cherbone noted that the issue remains unresolved. Director Cherbone noted that staff was looking for direction and/or assistance form City Council to resolve this issue. Councilmember Kline asked how much value is this access road to the Norton Road residents. Director Cherbone responded that if an emergency happened both Montalvo and residents could use the access road. In regards to the breakdown of communication between the City and Montalvo, Councilmember Kline asked ifperhaps Montalvo was afraid of the cost or potential usage of the access road Director Cherbone pointed out that it was probably a combination of both, although he never really got an answer. Director Cherbone stated that the cost was never mentioned because the City never proposed that Montalvo would be financially responsible for the access road. Directing his questions to Chief Duncan, Councilmember Bogosian asked what he thought of the proposed access road. Chief Gordon Duncan responded that this access road would be in the best interest of emergency vehicles and residents in the event of an emergency. Councilmember King asked ifthere a gate would be instalIed with a key and secondly who would have the keys. Chief Gordon Duncan responded that he was told that a cable would be instalIed with a lock on it. The neighbors and Montalvo would have the keys. Ed FarrelI noted that he is a member of the Board of the Saratoga Heights Mutual Water Company. Mr. FarrelI stated that they supply water to 85 homes. Recently their system has been upgraded and now they have Yz million galIons of water ready in the event of a fire. Mr. FarrelI noted that the access road would not solve the problem with the bottleneck on Bohlman Road/Oak Street but it would help. Mr. FarrelI urged the Council to develop the access road. 6 Pat O'Laughlin stated that he was on the Board of Trustee at Villa Montalvo. Mr. O'Laughlin noted and they were very interested in meeting with the City and the Fire District. Mr. O'Laughlin noted that they have spent approximately $10 million dollars on the artist's residency. The cottages were as designed to be a sanctuary without public interruptions. Mr. O'Laughlin explained that there are no cars or garages only the use of golf carts. Mr. O'Laughlin noted that they had concerns in regards to an access road turning into a public road. Vice Mayor Waltonsmith asked ifthe City could mitigate some oftheir concerns would Villa Montalvo be interested in the road. Mr. O'Laughlin responded that they would have an open mind and added that they would be amenable to compromise on the issue iftheir concerns could be mitigated. Councilmember Kline asked if the road was clearly marked private and gated would Montalvo be willing to cooperate. Mr. O'Laughlin noted that they would be open for discussion. David Dolloff noted that he is the president of the Saratoga Heights Mutual Water Company. Mr. Dolloff noted that this access road is extremely necessary for the homeowners on the hill. Councilmember Bogosian asked Mr. Dolloffifthe Water Company would be interested in a watch program to monitor the access road. Mr. Dolloff responded yes. Beverly Phipps noted that the situation in the hillsides is very dangerous. Mr. Phipps stated that he agrees that the artist cottages should be kept quiet and not disturbed. Mr. Phipps stated that the access road would only be used is in the event of an emergency. Mr. Phipps explained that he sent out 85 notices to hillside residents. Mr. Phipps noted that 30 people responded that they highly supported the project and 2 residents opposed. Mr. Phipps explained that one resident opposed because ofthe possible costs and the second resident was afraid it would become a public road. Mr. Phipps requested that the Council continue discussions with Montalvo to install the access road. Councilmember King asked in the event of an emergency would Montalvo be held liable. Attorney Wittwer responded that Montalvo would have more liability than the City. 7 Councilmember Kline noted that Montalvo has legitimate concerns in regards to the access road. Councilmember Kline pointed out that the County built the homes in the hillsides, the City and Montalvo is not responsible. Councilmember Kline noted that this is just another issue the City has seen over and over again with the County building and the City not being able to mitigate issues. Councilmember Bogosian stated that he feels Montalvo's concerns can be addressed. Councilmember Bogosian suggested that the City continue discussions with Montalvo. Mayor Streit noted that he supports continuing discussions with Montalvo, but if there is no cooperation on their part, the Council needs to look at next steps. Councilmember Kline noted that a short time frame should be given to Montalvo to work with the City. Mayor Streit suggested 90 days. Consensus of the City Council to direct staff and the Norton Road Ad Hoc Committee to continue discussions with Montalvo with a 90 day deadline. 4. SILICON VALLEY ANIMAL CONTROL AUTHORITY (SV ACA) UPDATE STAFF RECOMMENDATION: Accept report and direct staff accordingly. Lorie Tinfow, Assistant City Manager, presented staffreport. Assistant City Manager Tinfow briefly explained the history of Silicon Valley Animal Control Authority (SV ACA) noting that due to economic changes some of the members of SV ACA were unable to contribute their portion towards the funds needed for a shelter. In September 2001 Sunnyvale and Cupertino withdrew from SV ACA and recently Los Gatos notified the members that they were going to explore other options. Assistant City Manager Tinfow discussed SV ACA's investigation on shelter options. SV ACA directed staff to request quotes for long-term shelter services form the Humane Society, the City of Palo Alto and the City of San Jose. None of these agencies were interested. Assistant City Manager Tinfow discussed SV ACA's suggestion of financing the project since all of the cities were not able to contribute a lump sum payment. Assistant City Manager noted that if five cities finance the proj ect over 15 years the City of Saratoga would be responsible for $729,235.47, if Los Gatos withdraws that fignre would go to $873,424.43. Assistant City Manager Tinfow stated that in 2002, $710,000 was programmed into the Capital Improvement Program to cover the City's contribution to the shelter. 8 In conclusion, Assistant City Manager Tinfow explained that Councilmember Bogosian will be asked to vote on the following topics at the next SV ACA board meeting: · Approve a financing agreement with MFC for a total of $6 million. · Award a contract for architectural services in an amount commensurate with the scope of work · Enter into a sales agreement for property - $2.6 million Assistant City Manager Tinfow explained that moving forward with these decisions effectively commits the City to remain with SV ACA for the long term. Assistant City Manager Tinfow stated that both Councihnember Bogosian and staff were seeking direction on whether to continue with SV ACA or look for alternatives. Since the City of Sunnyvale pulled out of the JP A, Councilmember King asked what they were going to do with their animals. Assistant City Manager Tinfow responded that the City of Sunnyvale recently contracted with the City of Palo Alto. Councilmember Kline pointed out that this is just one more issue the City should raise up to the County level. Councilmember Kline noted that this should be a County level system for efficiency purposes and it should not be every city for its self. Councilmember Kline stated that he feels we will loose a couple more cities in the JP A and then it becomes an unviable situation. This issue needs to be solved from a cost effective level. Mayor Streit noted he supports the JP A as long as Los Gatos does not withdraw. Mayor Streit stated that the JP A would not be viable ifless than five cities are in it and added that if Los Gatos does pull out of the JP A the City of Saratoga's contribution would go up 25%. Mayor Streit suggested looking at alternatives in case the JP A goes under. CounciImember Bogosian noted that if Saratoga withdraws from the JP A the Town of Los Gatos would follow and the JP A would be finished. In regards to the property SV ACA is planning on purchasing, Vice Mayor Waltonsmith asked if there was an outdoor area for the animals to exercise in. Assistant City Manager Tinfow responded that the there was no outdoor space for the animals, but the site works in all other ways. Vice Mayor Waltonsmith noted that she supports looking at alternatives. Councilmember Kline noted that he supports the JP A but would like to look at alternatives as a back up plan. 9 Councilmember King noted that she would like to hear what Councilmember Bogosian's recommendation since he is the City's representative on the JP A. Councilmember Bogosian stated that he would feel uncomfortable if the City's contribution to the shelter went up to $287,559, he would have a hard time justifying that amount. If the City's contribution stayed at $241,755 he thinks it would be a good value. Addressing Vice Mayor Waltonsmith's concerns in regards to the lack of an outdoor space for the animals, Councilmember Bogosian explained that the animals could be taken to the dog park which is close to the shelter and volunteers could take the animals on walks. Councilmember Bogosian noted that if it is the sense ofthe Council to look at alternatives, staff should be direct to solicit proposals from other cities. Mayor Streit requested that staff arrange a meeting with the officials at the Town of Los Gatos, City Manager Anderson and himself to discuss concerns and alternatives for SV ACA. Mayor Streit noted that in the mean time staff should seek out alternatives and report back to Council on October 15,2003. Consensus ofthe City Council to direct staffto look at alternatives for shelter services and return to Council on October 15,2003. NEW BUSINESS 5. RESOLUTION OF INTENT TO CONSIDER AN OVERLAY ZONE TO ALLOW DRIVE THROUGH WINDOWS IN THE CN ZONE BOUNDED BY LAWRENCE EXPRESSWAY AND PROSPECT AVENUE STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 03-062 RESOLUTION OF THE CITY COUNCIL TO DIRECT THE PLANNING COMMISSION TO STUDY AND REPORT BACK THEIR FINDINGS REGARDING THE CREATION OF AN OVERLAY ZONE THAT WOULD ALLOW DRIVE THROUGH FACILITIES IN THE PARTICULAR AREA OF THE CITY Tom Sullivan, Community Development Director, presented staff report. Director Sullivan explained that the matter before Council was a Resolution of Intent to amend the Saratoga Code as it related to Drive Through or Pick Up Windows in the CN Zone located adjacent to Prospect Avenue and Lawrence Expressway. Director Sullivan explained that the Resolution of Intent directs the Planning Commission to consider an Overlay Zone, which would allow such drive through windows in this area only. Mayor Streit noted that this is the perfect area of the City to do the overlay to allow pick up windows. Mayor Streit stated that it would not affect the "character" of the City. 10 Director Sullivan noted that this location is on a major arterial and agreed with Mayor Streit that it would not create character problems. Councilmember Bogosian asked Director Sullivan if this area was a potential area for redevelopment. Director Sullivan responded yes. If this area was redeveloped, Councilmember Bogosian stated that it could bring in potential revenue for the City. Councilmember King asked Director Sullivan to explain the process on how an overlay zone is created. Director Sullivan stated that directing the Planning Commission to start the study is the first step. The Planning Commission would conduct public hearings where the benefits and detractions of such an overlay would be discussed and testimony from the public would be heard. The Planning Commission can move through this process rapidly. Once the Council receives the Commission recommendations the Council would then hold public hearings and decide whether or not to accept the overlay. Vice Mayor Waltonsmith asked if the overlay has to be done before Krispy Crème can move forward with their plans. Director Sullivan responded that they could go forward at the same time but run the risk of being rejected. Vice Mayor Waltonsmith asked if they were ok with the time frame. Director Sullivan responded that they were fine with the time frame. Realistically, Councilmember Kline asked what the time frame would be for this type of process. Director Sullivan responded that it could take up to three months to amend a Zoning Ordinance. Gary Hansen noted that he is the Senior Vice President ofVP Commercial. Mr. Hansen noted that he has been a commercial broker in the area for 27 years. In regards to redevelopment in a particle area, the first step would be to have a key anchor that would draw in other attractive tenants. Mr. Hansen noted that currently the top retail development that is categorized in the S&P 500 ranks retail fast food at the top. Mr. Hansen stated that Krispy Cream is number one in the United States. Mr. Hansen stated that Krsipy Cream is the highest retail developer. Mr. Hansen urged the Council to fast track the process to allow the overlay in this area. 11 John Machada noted that he was present tonight on behalf of the ownership of the West Gate Comer Shopping Center. Mr. Machada explained that he has represented them for over 20 years. Mr. Machada noted that a few months ago Warehouse Records vacated the site and since then the other tenants are suffering. Mr. Machada stated that they feel Krispy Cream would be a great draw to the property and would give them a chance to update the property. Mr. Machada stated that the Krispy Cream proposal they would take the same size building and put it on the comer of Prospect and Lawrence. Mr. Machada stated that they have a number of leases turning over in the next year or so and at that time they would like to upgrade the tenants there. Brad Bruckman noted that he is the area developer of Krispy Cream in Northern California. Mr. Bruckman commented that he was present this evening to express his interest in Saratoga. Mr. Bruckman noted that since 1998 he and his wife have opened all of the stores in Northern California. In Northern California only 24 will be opened. Mr. Bruckman noted that once in a community they help community organizations fund raise. Last year they helped raised $43 million dollars. Mr. Bruckman noted that he understands that Saratoga is a special place and he hopes that the Council would see that Krispy Cream is a special company. In regards to sales tax, tax is only applied to anything consumed on premises. Diane Zimmerman noted that she was the real estate manager for Krispy Cream. Ms. Zimmerman explained the proposed site plan compared to the existing site. Councilmember Bogosian stated that he would like to see some track records of the other centers where Krispy Creams are located. Councilmember Bogosian noted that one of his concerns is the high school that is located nearby. Councilmember Kline stated that he supports investigating the potential overlay zone. Councilmember Kline noted that the City has to look to private development to help revitalize dilapidated areas. In private developments they want top players that will attract customers. Councilmember Kline noted that a drive through in this area is perfect. Councilmember Kline stated that Saratoga needs this type of business and suggested that the process should be expedited. Councilmember King noted that she fully supports the proposed plan and concurs with Councihnember Kline that the process should be expedited. Mayor Streit and Vice Mayor Waltonsmith both concurred with their fellow Councilmembers. W ALTOSNMTIHIKLINE MOVED TO ADOPT RESOLUTION TO DIRECT THE PLANNING COMMISSION TO STUDY AND REPORT BACK THEIR FINDINGS REGARDING THE CREATION OF AN OVERLAY ZONE THAT WOULD ALLOW DRIVE THROUGH FACILITIES IN THE PARTICULAR AREA OF THE CITY AND DIRECT STAFF TO INVESTIGATE AN INTERIM ORDINANCE. MOTION PASSED 5-0. 12 Councilmember Kline reiterated that this item should be expedited on the Planning Commission calendar. Director Sullivan stated that he would do everything he can to speed up the process. 6. CONSIDERATION OF LANDSCAPING AND COMMEMORATIVE BENCH FOR WILL YS PECK AT THE SARATOGA LIBRARY STAFF RECOMMENDATION: Accept report and direct staff accordingly. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow explained that Betty Peck approached first the library and then the City about placing a commemorative bench, for her husband 80th birthday, with a plaque somewhere on the library site with a view of the orchard. Assistant City Manager Tinfow explained that Mrs. Peck offered to pay for the bench and plaque, and staff agreed to arrange for an extra bench of the type already in place, to be located on the dirt area adjacent to the stonewall of the community room patio. Assistant City Manager Tinfow noted that further discussions with Mrs. Peck ensued and she expressed interest in more elaborate landscaping, including additional trees, and asked if a different style of bench could be substituted. Assistant City Manager Tinfow noted that she met with Mrs. Peck's architect, Kathryn Mathewson, on September 19, 2003. Assistant City Manager Tinfow noted that Ms. Mathewson explained Phase I & II of their proposed plan. Assistant City Manager Tinfow noted that staff was requesting direction form Council. Anne RaviII noted that she was present tonight representing the Peck Family. Ms. Ravill noted that when her father turned 80 years old her family wanted to honor him in a special way. Ms. RaviII noted that her father loves the library, loves the orchard, and loves the City. Ms. Ravill noted that her family asked their mends to donate money towards a bench to be placed by the library. Ms. RaviII noted that when they told her father of their plan he was very pleased. Kathryn Mathewson stated that she was the Peck Family's architect. Ms. Mathewson showed a slide show of the site in which the proposed site ofthe bench and explained that the placement provides a view of the orchard and of the mountains. Ms. Mathewson noted that the bench could be seen from the Community Room window. Ms. Mathewson stated that there are two phases of the proposed project. The first phase would be to install the bench, plant a shade tree, and plant native grass instead oflawn. 13 Ms. Mathewson noted that the bench they are requesting is old fashioned, not the metal benches that are currently there now. Ms. Mathewson noted that phase two consists of removing the crabapple trees and replacing them with more native trees that would not block Mr. Peck's view. Councilmember King asked who selected the metal benches that are currently at the library. Assistant City Manager Tinfow responded that the Library Expansion Committee (LEC) chose the benches. Councilmember Bogosian asked if the City was eventually going to develop the area. Assistant City Manager Tinfow responded that the Public Works Department was going to install an irrigation system and plant grass for approximately $1700. Councilmember Kline asked if the bench the Peck's requested was teak. Assistant City Manager Tinfow responded yes. Vice Mayor Waltonsmith stated that it is hard to oppose to this project. Her concern is that this is the first time someone has requested a personalized bench. Vice Mayor Waltonsmith stated that the LEC worked very hard choosing the benches for the library. The LEC chose the metal benches because they were durable. Vice Mayor WaItonsmith stated that she would support a the metal bench with a plaque for Mr. Peck Councilmember Kline noted that he feels there is not enough information and would like to visit the proposed site. Councilmember Kline suggested postponing the decision and schedule a site visit. Councilmember King noted that she does not feel that the decision needs to be postponed; she fully supports the proposed plan. Councilmember Bogosian noted that he grew up in Saratoga. Councilmember Bogosian agreed that Mr. Peck has given a lot to the community and should be honored but other citizens in Saratoga deserve the same recognition. Councilmember Kline stated that he supports honoring Mr. Peck with a bench but has concerns regarding the proposed tree and the phases mentioned by the architect. Councilmember Kline stated that he does not want this proj ect to take away from the building or obstruct the view from the library Mayor Streit stated that he supports honoring Mr. Peck, supports the placement of the bench, supports a teak bench, but doesn't support the proposed new landscape plan. Mayor Streit suggested this item be sent to the Public Works Department or the Library Commission for further discussion. Councilmember Bogosian noted that he concurred with Mayor Streit. 14 Mayor Streit stated that Council should approve the concept ofthe bench and allow City staff and the Library Commission to determine the contents. KING/KLINE MOVED TO APPROVE A TEAK BENCH IN HONOR OF WILL YS PECK; APPROVE THE PROPOSED PLACEMENT OF THE BENCH AT THE LIBRARY; DIRECT THE ISSUE TO GO BEFORE THE LIBRARY COMMISSION FOR FURTHER DISCUSSION USING THE FUNDS ALLOWED IN THE BUDGET FOR THIS PROJECT. MOTION PASSED 4-1 WITH W ALTONSMITH OPPOSED. 7. HERITAGE PRESERVATION COMMISSION REQUEST TO HIRE A CONSULTANT TO PREPARE A MASTER PLAN FOR THE HISTORIC PARK, APPLY FOR A GRANT FORM THE COUNTY OF SANTA CLARA PARKS AND RECREATION AND USE THE MCWILLIAMS HOUSE AS PART OF THE HISTORIC FOUNDATION MUSEUM OPERATIONS STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 03-061 RESOLUTION OF THE CITY COUNCIL SUPPORTING THE SARATOGA HERITAGE PRESERVATION COMMISSION'S MASTER PLAN AND GRANT REQUEST FOR THE CITY OF SARATOFA 'S HISTORIC PARK John Livingstone, Associate Planner, presented staff report. Associate Planner Livingstone briefly explained that on May 21,2003 the Heritage Preservation Commission (HPC) asked the City Council for permission to submit a grant application for the Historic Park Master Plan. At that meeting the City Council directed staff to place the issues on an agenda. Associate Planner Livingstone briefly explained that the HPC would like to apply for a grant for the restoration and improvements of the buildings and grounds in the City's Historic Park. The grant would be form the County of Santa Clara Parks and Recreation Department and does not require the City to match funds. As part ofthe grant process a letter of support form the City Council is required. Associate Planner Livingstone explained the primary vision for the Historic Park, which includes the McWilliams House, the Museum, and the Village Library. CounciImember Bogosian asked that assuming the property is repaired and opened to the public would the City be required to install an ADA bathroom facility on the property. Associate Planner Livingstone noted that he would have to research that issue and report back to Council. Associate Planner Livingstone added that he is aware of a special building code for historic structures. 15 Vice Mayor Waltonsmith noted that an ADA bathroom was being built at the museum. Councilmember Kline stated that he supports the request for the $30,000 match to hire a consultant, but has concerns regarding designating the McWilliams House as part of the Historic Foundation Museum. Councilmember Kline stated that he feels this type of decision needs more public discussion and asked ifthese two requests could be split and voted on separately. Associate Planner Livingstone responded yes. Councilmember Bogosian stated that he supports the HPC's request because the Historic Park and Blaney Plaza are both at the entry of the City and they need to be improved. Mayor Streit expressed his concern using the Council's contingency budget to fund the $30,000 match. Councilmember Kline asked ifthis was a CIP item. Director Cherbone noted that it was on the CIP list but unfunded. Phyllis Ballingal, Chair/Heritage Preservation Commission, noted that the County has $1 million dollars set aside for preservation and reservation. Chair Ballingal noted that funds are distributed to projects that are ready to go forward and ifthe City waits there might not be funds left. Mayor Streit asked if the Council decided to hold a public hearing on the use of McWilliams House would that hold up the Master Plan for the Historic Park. Chair Ballingal responded that it should not hold the grant process up or the Master Plan. Jill Hunter stated that this morning she heard that the National Trust has recently honored Hakone Gardens. Ms. Hunter noted that the City's Village is quaint and old fashioned. This grant is the City's opportunity to take the Historic Park and turn it into something wonderful. Bob Louden, President/Saratoga Historic Foundation, stated that the Foundation is asking for support to go forward with applying for the grant. Mr. Louden stated that without the Council's support it would be hard to apply for grants. Councilmember King suggested contacting our local representatives to help obtain grants. 16 KLINE/BOGOSIAN MOVED TO ADOPT REOSL TUION SUPPORTING THE SARATOGA HERITAGE PRESERVATION COMMISSION'S MASTER PLAN; GRANT REQUEST FOR THE CITY OF SARATOGA'S HISTORIC PARKAS AMENDED; APPROVE $30,000 MATCH TO HIRE A CONSULTANT. MOTION PASSED 5-0. 8. MEMORIAL ARCH RELOCATION WORK AND BLANEY PLAZA HOLIDAY TREE PLANTING STAFF RECOMMENDATION: Approve Conceptual Plan; Approve increase to existing contract with George Bianchi Construction; Approve increase to existing contract with Greg Ing & Associates; Authorize staffto purchase Holiday Tree and associated lighting; Authorize staff to solicit donations for the Holiday tree. John Cherbone, Public Works Director, presented staffreport. Director Cherbone explained the background of the Memorial Arch relocation project and noted that additional rehabilitation work should be done around the Arch, which total approximately $30,000. Director Cherbone noted that if the City Council approves the additional work, it would move forward as soon as possible by George Bianchi Construction, who is currently performing concrete repair work for the City. Director Cherbone explained funding options for the Memorial Arch rehabilitation work. Director Cherbone stated that recently the Mayor directed staff to explore the feasibility of planting a live Holiday Tree in Blaney Plaza. Staff held a site meeting at Blaney Plaza with Steve Kikuchi, the City's consultant who developed Blaney Plaza Master Plan, to determine the most feasible location for a Holiday Tree. It was determined that the most feasible location would be between the Memorial Arch and the existing large oak tree. Director Cherbone stated that a 15-20 foot cedar, spruce, or pine be planted to give an immediate effect of a community size Holiday Tree. Holiday lights would be installed on the Holiday Tree and decorative up lighting would be installed for the stone pines. Director Cherbone explained funding options for the Holiday Tree and associated lighting noting that the City may want to either solicit donations form interested parties or accept one major donor. Referring to the proposed placement of the Holiday Tree, CounciImember Kline pointed out that the tree would block the view from the arch coming north from Saratoga-Sunnyvale Road and coming south you would not be able to see through the arch. Director Cherbone concurred and added that there would only be a 15- foot space between the tree and the arch. 17 Councilmember Bogosian noted that he supports having a Holiday Tree but shares Councilmember Kline's concerns regarding the visual impacts on the Ach as well as the meaning of the Arch. The Arch is a memorial to those residents that died in World War 1. Councilmember Bogosian commented that placing a tree in the center ofthe Arch might take away form the meaning ofthe Arch. Councilmember Bogosian asked if the Holiday Tree could be placed under the stone pines. Director Cherbone responded it would not be possible because of the canopies of the stone pines. Councilmember Bogosian suggested planting a Holiday Tree at the Book-Go- Round. Councilmember King asked if a tree was planted at the Book-Go-Round could the street be blocked of for the tree lighting g program. Director Cherbone responded yes. Vice Mayor Waltonsmith suggested planting the Holiday Tree at the Historic Park. CounciImember Kline suggested placing a cut tree in the proposed location and see how people react to the placement. Councilmember Bogosian remarked that a cut tree would not grow and therefore would not give the same effect as a permanent tree. Councilmember Bogosian stated that a cut tree would also be very expensive. CounciImember King asked if the tree was planted and placed at the proposed location and we find that it is not appropriate, could we move it. Director Cherbone responded yes. Councilmember Bogosian indicated that he would like to find a permanent place for a Holiday Tree. Director Cherbone noted that there is one other location in the Plaza where a Holiday Tree could be planted. Director Cherbone stated that a tree could be placed at the tip of the Plaza where the utility box is located. Vice Mayor WaItonsmith asked if a tree were to be placed on the tip of the Plaza would it block the sight line of cars approaching the Plaza. Director Cherbone responded that he does not think it would block sight lines. Mayor Streit noted that the City must have a Holiday Tree this year. 18 Councilmember Kline noted that the Plaza is a special place because ofthe Arch not because of a tree. Councilmember Bogosian suggested that the City light the existing tree and find a permanent place for a Holiday Tree for next year's holiday season. CounciImember Bogosian mentioned that eventually one of the stone pines will be gone and then a permanent Holiday Tree could be planted in the Plaza. Councilmember King commented that she has been bringing this issue up since last year and is shocked that tonight there is so much discussion and issues regarding the placement ofthe Holiday Tree in Blaney Plaza. Referring to Director Cherbone's suggestion on placing a tree at the tip of the Plaza, Councilmember Kline stated that he supports the concept. Councilmember Kline noted that placing the tree on the tip of the Plaza seems to be the most logical place in the Plaza. Councilmember Bogosian asked if a tree was planted at the tip would it eventually cause the pavement to crack. Director Cherbone responded that full-grown tree would be planted and it would grow slow after. Also, Director Cherbone noted that root barriers would be placed along the curb and on both sides of the street. Director Cherbone noted that the utility box would have to be moved. Marilyn White noted that she does not support the location ofthe tree in front of the Memorial Arch. Ms. White noted that the Plaza is a gathering place for the community and what it really needs is more space. Ms. White noted that planting a Holiday Tree in the Plaza would just take up more space. Ms. White stated that a Holiday Tree should be planted at a different location. Further discussion took place regarding the placement of the tree at the tip of the Plaza. BOGOSIANIKLINE MOVED TO APPROVE CONCEPTUAL PLAN; APPROVE INCREASE TO EXISTING CONTRACT WITH GEORGE BIANCHI CONSTRUCTION; APPROVE INCREASE TO EXISTING CONTRACT WITH GREG ING & ASSOCIATES; AUTHORIZE STAFF TO PURCHASE HOLIDAY TREE AND PLANT IT NEAR THE UTILITY BOX; APPROVE ASSOCIATED LIGHTING; AUTHORIZE STAFF TO SOLICIT DONATIONS FOR THE HOLIDAY TREE. MOTION PASSED 5- O. 19 9. PROPOSED LANDSCAPING & LIGHTING ASSESSMENT DISTRICT LLA-l ZONE FOR THE "GATEWAY AREA" STAFF RECOMMENDATION: Accept report and direct staff accordingly. John Cherbone, Public Works Director, presented staff report. Director Cherbone noted that at the April 16, 2003, City Council meeting, Council directed staff to explore the creation of a new landscape and lighting maintenance zone for the future "Gateway" improvement area bounded by Prospect Avenue and the Union Pacific Railroad tract. The improvement project would create new landscape medians, new landscaped area along unimproved parcel frontages, and decorative lighting. These improvements would all have ongoing maintenance and operating costs. Currently, Director Cherbone noted that the City pays for the landscape maintenance and water costs for all ofthe medians throughout the City. Conversely, the majority of other landscaped areas within the City right-of-way, such as long the frontage of an individual parcel or subdivision, are maintained via a City Landscape and Lighting Assessment Zone (LLA) Zone, via an individual property owner, or via a homeowner association. Director Cherbone noted that creating a LLA Zone in the Gateway would create a cost effective mechanism to pay for the ongoing maintenance of the frontage landscaping that would be created by the Gateway Master Plan. It is proposed that the cost of maintenance the frontage landscaping be spread proportionately based on length of property frontage. Director Cherbone noted that the estimated cost for maintaining the landscaping in the Gateway area including medians is $46,300 per year. Director Cherbone commented that in May 2003 the City mailed a letter to property owners in the Gateway area inviting them to meet with City staff to discuss the proposal to establish a LLA Zone to pay for the ongoing maintenance cost along their frontages. The City received minimal responses to the invitation. Director Cherbone noted that in light ofthe minimal responses received, a second letter was sent out. Director Cherbone explained the survey results. Director Cherbone explained different options in the creation of a new landscape and lighting assessment zone. Director Cherbone noted that if Council desires to pursue a new LLA Zone, the City must hold public hearings and perform balloting per the rules of Propositions 218. Vice Mayor Waltonsmith commented that her main concern is the property owners that currently do not have landscaping, will the City be able to keep a unified look. Director Cherbone noted that Gateway Design Guidelines are in the process of being written and also if anyone wants to improve property in the City's right-of- way they would have to come to the City. 20 Consensus of the City Council to direct staff to move forward with the process to create a LLA Zone in the Gateway area. 10. OPTIONS FOR SECOND COMMUNITY MEETING STAFF RECOMMENDATION: Accept report and direct staff accordingly. Dave Anderson, City Manager, presented staff report. City Manager Anderson stated that on September 23, 2003 the Saratoga City Council held a Community Meeting to discuss City owned property and facilities. Approximately 160 residents participated in this meeting. Due to time constraints, not all of the property and facilities were discussed. City Manager Anderson stated that in response to the success of this meeting and resident's suggestions, the Mayor directed staff to initiate a second Community Meeting to be held on Tuesday, October 28, 2003. Topics for discussion would include: · Continue discussion of City owned property and facilities · City Infrastructure · Community Discussion on "Vision of Saratoga" City Manager Anderson explained that staff would initiate a city wide advertising campaign similar to that conducted for the first meeting including: a post card to every household in Saratoga, posting the notice on the City's website, KSAR Community Bulletin Board, and a press release in the Saratoga News and the Los Gatos Daily News. Consensus of the City Council to hold a second community meeting on October 28,2003. AGENCY ASSIGNMENT REPORTS Mayor Streit reported that following information: Hakone Foundation - City Attorney Taylor and City Manager Anderson will start negotiations soon to change the scope of the agreement. Mayor Streit announced that the National Trust of Historic Preservation of Washington D.C has selected Hakone Gardens as one of 12 historic sites for special recognition as an outstanding national treasure. Hakone Foundation will receive at least $75,000. Santa Clara County Vallev Water Commission - continued the discussion regarding rates. Vice Mayor Waltonsmith noted that she had no reportable information. Councilmember King reported that following information: KSAR Communitv Access TV Board - announced that there was still one opening on the Board. Councilmember Kline noted that he had no reportable information. 21 Councilmember Bogosian reported that following information: Countv HCD Policv Committee - noted that he cannot attend the meeting on October 2, 2003 and requested the designated alternate attend in his absence. West Valley Sanitation District - requested that Council agendize a presentation by the West Valley Clean Water Program. CITY COUNCIL ITEMS In regards to the City's golf cart that was stolen at Celebrate Saratoga, Councilmember Bogosian requested a detailed report including who was responsible for the cart. In regards to neon signs in the Village, the Village Guidelines state that signs should only be black and gold lettering. Councilmember Kline suggested that the City's Sign Ordinance should be looked at again. Councilmember Kline noted that he recently had Assembly member Cohn on his talk show. Councilmember Kline noted that he didn't realize that our Senate District is huge. Councilmember Kline noted that the City of Saratoga is being shafted. Councilmember Kline asked if there was any sense ofthe council to join a legal effort to change the boundaries. Councilmember Bogosian noted that he would support bring this back to Council. Vice Mayor Waltonsmith noted that she recently received a call from Bob Wallace in regards to Comer Dam. Mr. Wallace stated the he recently heard from the Water District that the City has pushed this project back and was told that the City said it wasn't a priority. Vice Mayor Waltonsmith requested a status report on this issue. Consensus of the Council to agendize this issue in November. OTHER None CITY MANAGER'S REPORT None ADJOURNMENT There being no further business, Mayor Streit declared the meeting adj oumed at 11 :45 p.m. 22