HomeMy WebLinkAbout11-20-2007 City Council MinutesMayor Aileen Kao called the Regular City Council meeting to order at 7:00 p.111. and led
the Pledge of Allegiance
ROLL CALL
MINUTES
SARATOGA CITY COUNCIL MEETING
NOVEMBER 20, 2007
PRESENT: Councilinembers Jill Hunter, Kathleen King, Chuck Page Vice
Mayor Ann Waltonsmith, Mayor Aileen Kao
ABSENT: None
ALSO Dave Anderson, City Manager
PRESENT: Richard Taylor, City Attorney
Cathleen Boyer, City Clerk
Barbara Powell, Assistant City Manager
Mary Furey, Administrative Services Director
John Livingstone, Community Development Director
John Cherbone, Public Works Director
Michael Taylor, Recreation Director
Crystal Morrow, Administrative Analyst
Heather Bradley, Contract Planner
REPORT OF CITY CLERK ON POSTLNG OF AGENDA FOR NOVEMBER 20.
2007
Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 549 4.2,
the agenda for the meeting of November 20, 2007, was properly posted on November 16.
2007
COMMUNICATIONS FROM COMi\'IISSIONS & PUBLIC
Oral Communications on Non-A2endized Items
The following people requested to speak at tonight's meeting:
Jenny Young Taylor spoke about the Madronia Cemetery Eminent Domain issue and the
Madroma Cemetery District's Board (District) meetings being scheduled at 4 in the
afternoon: when most citizens are at work and cannot attend the meetings.
Maggie Creighton addressed the Council regarding a real estate agent visiting the
Teeter's residence on Oak Street indicating she was there to represent the Teeters with
the sale of their property and would like to schedule a meeting with an appraiser to
appraise the property Ms. Creighton then stated the Boyd family was also visited by a
real estate agent wanting to represent them in the sale of their property Ms. Creighton
stated this was the first indication of the possible purchase of these properties by the
District. Ms. Creighton asked Council to protect the Oak Street neighborhood and the
people that live in that neighborhood.
Theron Schaub spoke on behalf of the Boyd and Teeter family. Mr Schaub stated the
Boyd and Teeter families feel very threatened by the District's Board and the possible
sale of their properties to the District. Mr Schaub asked the Council to protect these
families and prevent the taking of their homes by the District
Nicki Teeter asked the Council to look at the Oak Street neighborhood stating it is a
historic neighborhood and asked the Council to help the people in this neighborhood.
John Teeter addressed the Council regarding the District's plan to purchase the properties
and was concerned about the fact that the District implied the sale of the properties was
pretty much a done deal and that the District stated they have a claim on the specific
properties.
Oral Communications - Council Direction to Staff
Vice Mayor Waltonsmith asked City Attorney Richard Taylor what are the
rights /obligations of the City Council regarding this type of situation.
City Attorney Richard Taylor informed the Council their influence would be political:
Council can take a position regarding development proposals in Santa Clara County
within the city boundaries. City Attorney Taylor also stated the Council does have the
right to make sure the District follows all appropriate procedures.
Councilmember Page stated he would like to have a Joint Meeting with the C'emetery
District.
Councilmember King stated she would like the neighbors to be represented and that they
should attend the Joint Meeting as well.
Councilmember Hunter asked how you can mediate a situation in which the homeowners
are not willing to sell.
City Attorney Richard Taylor recommended Council take an information gathering role
and that all interested parties are hearing and being provided the same information. City
Attorney Taylor also stated it would be difficult to engage in a forinal mediation process
at this point; but Council could facilitate information sharing.
Councilmember Hunter asked if this could be agendized on a future Regular Council
meeting as opposed to having a Joint Meeting with the Cemetery District.
Vice Mayor Waltonsmith noted she also would like to have some type of meeting to
further discuss this situation.
City Attorney Taylor stated the Council needs to have an agenda item in order to discuss
and determine what direction the Council wishes to proceed with.
Couuncilmember Hunter suggested a meeting after Christmas.
City Manager Dave Anderson suggested the second meeting in January 2008
Councilmember Page noted that would be a long
involved.
e to wait for the people that are
City Manager Dave Anderson noted the holiday furlough would affect preparation of
staff reports.
City Attorney Richard Taylor stated he would not be available for any Council meeting in
December, but would be attending the second meeting in January.
Vice Mayor Waltonsmith stated she would prefer agendizing the item on the second
meeting m January so that staff has time to put together a staff report focusing on
Eminent Domain.
City Manager Dave Anderson noted the City Attorney recommends agendizing the item
on the December 5, 2008 Council agenda for further discussion and the possibility of
forming an AdHoc Committee.
Communications from Boards and Commissions
None.
Council Direction to Staff
None.
ANNOUNCEMENTS
Vice Mayor Waltonsmith announced that West Valley Greenleaf Committee is
encouraging residents in Monte Sereno, Los Gatos and Saratoga to participate in a
community Holiday Lighting contest — changmg to energy efficient LED lights For more
information people can visit their website at n°\ - w.westvallevcreenleaf.comu. She also
noted the Parks and Recreation Commission has dust been reinstated and they are looking
for applicants for this Commission, as well as applicants for the Library Commission.
Councilmember Hunter announced the wreaths and banners have been hung in the
Village and invited people to participate in the Village Open House and Tree Lighting
Ceremony on Friday, November 23, 2008 from 5:30 to 9:00.
CEREMONIAL ITEMS
1. COMMENDATION HONORING CHICK AND PEGGY SCHOPPE
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STAFF RECOMMENDATION:
Present commendation.
The following people spoke on this item.
April Halberstadt, Director of the Saratoga Museum. addressed the Council on the
various activities the hiluseuui is involved in and thanked the Council for recomnzing
Mr. and Mrs Schoppe for their generous donation of time and efforts given to the
restoration of the McWilliams House.
Mayor Kao read the proclamation and presented it to Chuck and Peggy Schoppe
2. PROCLAMATION DECLARING THE WEEK OF NOVEMBER 18 -24, 2007
AS "NATIONAL FAMILY WEEK"
Mayor Kao read the proclamation and presented it to members of the Church of Jesus
Christ Latter Day Saints.
SPECIAL PRESENTATIONS
None
CONSENT CALENDAR
3. REVIEW OF ACCOUNTS PAYABLE REGISTERS
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STAFF RECOMMENDATION:
Present proclamation.
STAFF RECOMMENDATION:
That the City Council accepts the Check Registers for the following Accounts
Payable cycles:
October 31, 2007
November 7, 2007
WALTONSMITH/PAGE MOVED TO ACCEPT CHECK REGISTERS FOR
OCTOBER 31, 2007 AND NOVEMBER 7, 2007. MOTION PASSED 5 -0
4. TREE CITY USA
STAFF RECOMMENDATION:
Accept report and authorize staff to submit an application to the Arbor Day
Foundation to designate the City of Saratoga as a Tree City USA.
Councilmember Hunter removed this item to thank Crystal Morrow and Barbara
Powell for then efforts in establishing the City of Saratoga as a Tree City USA.
HUNTER/PAGE MOVED TO AUTHORIZE STAFF TO SUBMIT AN
APPLICATION TO THE ARBOR DAY FOUNDATION TO DESIGNATE
THE CITY OF SARATOGA AS A TREE CITY USA. MOTION PASSED 5 — 0.
5. HERITAGE ORCHARD PATHWAY — CONSTRUCTION APPROVAL
STAFF RECOMMENDATION:
Approve construction of the Heritage Orchard pathway by Donald Hays Trail
Contractor. Inc.
WALTONSMITH/PAGE MOVED TO APPROVE CONSTRUCTION OF THE
HERITAGE ORCHARD PATHWAY BY DONALD HAYS TRAIL
CONTRACTOR, INC. MOTION PASSED 5 — 0.
6. RENEWAL OF USE AGREEMENT WITH CITY OF SARATOGA AREA
SENIOR COORDINATING COUNCIL
STAFF RECOMMENDATION:
Accept report and adopt a resolution authorizing the City Manager to execute the
Agreement for Cooperative Program Planning and Use of Facilities with the Saratoga
Area Senior Coordinating Council.
Councilmember Kung removed this item for discussion. She asked Recreation
Department Director Michael Taylor why the contract didn't reflect Council's
direction to staff was to have the Recreation Department take over scheduling of
Senior Center classes as opposed to the Senior Center scheduling classes.
Director Taylor noted the Recreation Department is providing a number of fee - based
activities and SASCC continues to do no /low cost and no -cost recovery activities
There was lengthy discussion on this item and Councilmember King stated she was
not comfortable with this 5 -year agreement with SASCC.
RESOLUTION 07 -077
WALTONSMITHIHUNTER MOVED TO ACCEPT REPORT AND ADOPT A
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AGREEMENT FOR COOPERATIVE PROGRAM PLANNING AND USE OF
FACILITIES WITH THE SARATOGA AREA SENIOR COORDINATING
COUNCIL. MOTION PASSED 4 1 WITH KING OPPOSING.
PUBLIC HEARINGS
7. APPEAL OF VARIANCE AND DESIGN REVIEW APPLICATION NO. 07-
233: 20640 THIRD STREET, WHICH WAS APPROVED BY THE PLANNING
COMMISSION ALLOWING CONSTRUCTION OF A NEW 3,798 SQUARE
FOOT COMMERCIAL BUILDING
STAFF RECOMMENDATION:
Deny the appeal, thus affirming the Planning Commission Variance and Design
Review Approval issued on September 26, 2007.
City Attorney Richard Taylor explained the hearing process. Taylor noted that staff
had received a letter from the Appellant earlier m the day withdrawing the Appeal.
Mr. Taylor noted that because the appeal had been filed that started a process that
only the City Council can end. He noted that the City Code requires the Council to
hear the matter; and after hearing the matter Council has four options — 1) uphold the
Planning Commission's decision in its entirety; 2) Council can modify the Planning
Commission's decision; 3) Council can reverse it completely; 4) or Council can send
the matter back to the Plaruiing Commission.
Mr. Taylor recommended Council receive the staff report, open the Public Hearing.
receive testimony from the Applicant if the Applicant wishes to provide testimony,
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and then receive public continents. Mr. Taylor noted the Appellant was not present:
therefore, there would be no rebuttal from the Appellant. The Mayor would then
close the Public Hearing.
Heather Bradley presented the staff report.
Councilmember King had questions regarding a staircase /elevator to the fourth floor.
Councilmember Hunter raised the issue regarding the approval of variances.
Mayor Kao invited the Applicant to speak.
Craig Awbrey spoke on behalf of the Applicant. He stated he was thankful the Appeal
had been withdrawn and asked the Council to modify the approval regarding the lost
square footage issue. He noted they would like permission to meet with staff to
discuss options to restore the lost square footage.
Mayor Kao opened the public hearmg and invited comments
The following people requested to speak on this item:
Maiming Commissioner Linda Rodgers, addressed the Council and stated the
Planning Commission had three Study Sessions regarding this project and said all
elements for this building were considered carefully and with sensitivity.
There was additional Council discussion regarding square footage.
Applicant representative Awbrey addressed the Council and stated the Applicant
would rather have the Council deny the appeal and uphold the Planning
Commission's decision and resubmit another set of plans with an entitlement. than to
go back to another Planning Commission meeting.
Mayor Kao closed the public hearing.
WALTONSMITH/PAGE MOVED TO DENY THE APPEAL OF VARIANCE
AND DESIGN REVIEW APPLICATION NO. 07 -233: 20640 THIRD STREET,
WHICH WAS APPROVED BY THE PLANNING COMMISSION
ALLOWING CONSTRUCTION OF A NEW 3,798 SOUARE FOOT
COMMERCIAL BUILDING. MOTION PASSED 5 -
Mayor Kao declared a break at 9:00.
Mayor Kao recovened the meeting at 9:05.
OLD BUSINESS
8. ESTABLISHING A TIMELINE FOR THE NORTH CAMPUS CHILD
DEVELOPMENT CENTER AND GYMNASIUM PROJECT.
STAFF RECOMMENDATION:
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Accept report and establish a timeline for the North Campus Child Development
Center and Gymnasium project and direct staff accordingly.
Recreation Director Michael Taylor presented the staff report noting the North
Campus proposers have requested a commitment from the City in the form of a
Memorandums of Understanding from the City prior to further personal investment to
the project.
Councilmember Page had questions regarding the Memorandum of Understanding
and what it would provide.
Project Proposer Alan Beck addressed the Council. He noted that it has been a year
since they submitted a proposal for a Child Development Center at North Campus. He
stated they could not afford the required expenditure of $30,000 without some kind of
conunitrnent from the City stating that the City will be working with Becks and LLC
on the development of the gymnasium/child development center, and that the City
will not be putting tlus project out to bid
Councilmember King asked Mr. Beck if they would be comfortable with the City
requesting bids before they expend additional funds.
Mr. Beck stated they would leave the project at that pomt noting they have already
put in a year's worth of work on this project.
Councilmember Hunter asked City Attorney Richard Taylor to define an MOU m this
type of situation and type of agreement requirements would be needed.
City Attorney Taylor noted an MOU would enable both parties to negotiate the teens
that are agreeable. He also noted the City Council cannot commit to the project
proposal in the next several months because CEQA requires an environmental review
be completed first; which could cost between $75,000 and $100,000; and the City
would be required to issue an RFP
Additional discussion occurred regarding proposed uses of this property and traffic
issues.
Mayor Kao invited public comment.
Patty Woolcock addressed the Council on this item and asked why the residents
haven't been made aware of this proposed project in their neighborhood. She stated
she isn't necessarily opposed to this project; however, she feels there should be more
input from the neighbors.
Norma Ford spoke in opposition to the proposed gynunasiuuu project and asked
Council if it would be possible to establish a Task Force to look into possible options.
William Ford concurred with Norma Ford and noted he has concerns regarding the
fact that their property borders the southwest corner of the North Campus property
Gordon Ko addressed the Council and stated his property also borders the North
Campus property.
Peggy Kimball spoke in support of a cultural /art /nnusic center at the North Campus
John Kimball stated he has contacted two foundations regarding a
cultural/art/education center to be considered for this project and feels it would
enhance the quality of life for everyone He also advocates having a foundation
leasing the property for 10 years; restoring the sanctuary building, remove the
education building; and requested a proposal be put forth in 90 days.
Dave Wyatt noted he lives on the east side of North Campus and has a concern
regarding the proximity of their property to the fence; noise and traffic issues and
stated he is not in favor of the proposed project.
Jack Mallory noted he hopes that whatever decision the Council arrives at that it is a
comprehensive plan for the site and not just separate buildings. that it needs to be
attractive and well designed and that it should be a community center that brings
people together.
Mayor Kao closed public comment.
Council continued discussion regarding the suggested uses of the North Campus
property and the need to have a comprehensive plan for the property as well as
continued neighborhood participation.
Council direction to staff is to move forward by directing:
o Staff to prepare a draft survey regarding uses for North Campus
o Mayor form an Adhoc to review draft survey and create a Memorandum of
Understanding, which includes project timeline
o Staff place survey that includes City financial statement on the City's \ ebsite
o Staff to schedule a Visioning Meeting that includes residents in late January
and is facilitated by City Manager.
o Bring MOU with timeline back to Council in early February
Councilmembers King and Page volunteered to serve on the Adhoc.
NEW BUSINESS
None
ADHOC & AGENCY ASSIGNMENT REPORTS
Mayor Aileen Kao reported:
Association of Bay Area Government voted to approve the Regional Housing Needs
Allocation (allocated 292 units)
Vice Mayor Ann Waltonsnnth reported:
Comprehensive County Expressway Planning Study Policy Advisory Board (PAB) will
be meeting in January.
Councilmember Chuck Page - had nothing to report, but did ask to Agendnze creation of
Sustainability/Green Building Ordinance Build It Green — Incentives.
Cotmcilmember Jill Hunter — had nothing to report.
Councilmember King — reported:
County Cities Association Legislative Task Force looked at "Going Green" and noted all
15 cities are going back to their perspective cities to determine whether to adopt LEED
standards.
She also asked to agendize the evaluation of Village Zoning for Use Permits and to have
Bruce Davis, Art Council representative, provide a presentation on Artsopolis
CITY COUNCIL ITEMS
None.
CITY MANAGER'S REPORT
City Manager Dave Anderson noted he will be out of town on vacation from Wednesday,
November 21, 2007 through Sunday, November 28, 2008 He also noted that he will be
meeting on Monday, November 25, 2008 with Assemblyunember Jim Beall in
Sacramento with Kathleen King and representatives of the other TEA cities
CITY ATTORNEY'S REPORT
City Attorney Richard Taylor commented on an email Council had received asking if
Council had adopted a noise ordinance prohibiting playing of the National Anthem at
West Valley College and flying the flag during games at the College. He stated there is
an initiative in the City Code that prohibits amplified sound regarding field use at West
Valley College. but no prohibition of singing the National Anthem. He will provide the
Mayor with text regarding her response to the email and noted the City Manager will
convey to West Valley College that the City has no objection to people singing the
National Anthem or flying the US flag during games at the College.
ADJOURNMENT
WALTONSMITHIPAGE MOVED TO ADJOURN THE MEETING. MOTION
PASSED 5 -0.
There being no further business Mayor Waltonsmith adjourned the regular meeting at
10:55PM.
Respectfully submitted,
u Ivan, CMC
Acting City Clerk
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