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HomeMy WebLinkAbout07-06-2005 City Council Minutes MINUTES SARATOGA CITY COUNCIL JULY 6, 2005 Cathleen Boyer, City Clerk, called the Regular City Council meeting to order at 7:00 p.m, and requested that Citizen Ray lead the Pledge of Allegiance. ROLL CALL ABSENT: ALSO PRESENT: Councilmembers Aileen Kao, Nick Streit, Ann Waltonsmith Vice Mayor Norman Kline, Mayor Kathleen King Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Michele Braucht, Administrative Services Director John Livingstone, Interim Community Development Director John Cherbone, Public Works Director PRESENT: REPORT OF CITY CLERK ON POSTING OF AGENDA FOR JULY 20. 2005 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of July 6, 2005 was properly posted on July 14, 2004. NEW BUSINESS 1, SELECTION OF PRESIDING OFFICER STAFF RECOMMENDATION: Select a Presiding Officer for tonight's City Council meeting. Cathleen Boyer, City Clerk, presented staff report. City Clerk Boyer explained that due to the absence of both the Mayor King and Vice Mayor Kline the remaining Councilmembers must select a person to act as presiding officer. That person acts until the MayorNice Mayor returns, W ALTONSMITH/KAO MOVE TO APPOINT COUNCILMEMBER STREIT AS PRESIDING OFFICER UNTIL THE MAYOR OR VICE MAYOR RETURNS. MOTION PASSED 3-0-2 WITH KING AND KLINE ABSENT, ORAL COMMUNICATIONS The following people requested to speak at tonight's meeting: Citizen Ray noted that recently MTC approved the funding for the relinquishment of the Village sidewalks. Citizen Ray thaoked Director Cherbone for his efforts on this project. Gordon Duncan, Saratoga Fire District/ Retired Chief, introduced the new Battalion Chief, Joe Parker. Genie Dee, Executive Director/SASCC, invited the City Council to SASCC.'s Ice Cream Social on July 28,2005. Also, Director Dee stated that she h~ heard the CIty took an informal tour of the Senior Center without her knowledge. DIrector Dee stated that. the Senior Center is usually slow during the suntmer. Director Dee also wanted to clarIfy that SASCC was not running the program on a deficit. COMMUNICATIONS FROM BOARDS AND COMMISSIONS None COUNCIL DIRECTION TO STAFF Councihnember Waltonsmith asked if staff could meet with Director Dee and set up a formal tour. ANNOUNCEMENTS None CEREMONIAL ITEMS 2. PROCLAMATION DECLARING JULY 24, 2005 AS "BILLY JONES DAY" STAFF RECOMMENDATION: Present commendation. Presiding Officer Streit read the proclamation and presented it to a member ofthe Billy Jones Board of Directors. SPECIAL PRESENTATIONS None CONSENT CALENDAR 3A. CITY COUNCIL MINUTES - JUNE 1, 2005 STAFF RECOMMENDATION: Approve minutes. Councihnember Waltonsmith requested that this item be removed from the Consent Calendar for corrections. W ALTONSMITH/KAO MOVED TO APPROVE MINUTES OF JUNE 1.2005 AS AMENDED. MOTION PASSED 3-0-2 WITH KING AND KLINE ABSENT. 2 3B. CITY COUNCIL MINUTES - JUNE 24, 2005 STAFF RECOMMENDATION: Approve minutes. W AL TONSMITHlKAO MOVED TO APPROVE MINUTES OF JUNE 24. 2005, MOTION PASSED 3-0-2 WITH KING AND KLINE ABSENT, 3C. CITY COUNCIL MINUTES - JOINT MEETING JULY 6, 2005 STAFF RECOMMENDATION: Approve minutes. Councihnember Waltonsmith requested that this item be removed from the Consent Calendar for corrections. W ALTONSMITH/KAO MOVED TO APPROVE MINUTES OF JOINT MEETING AS AMENDED - JULY 6. 2005. MOTION PASSED 3-0-2 WITH KING AND KLINE ABSENT. 3D. CITY COUNCIL MINUTES - JULY 6, 2005 STAFF RECOMMENDATION: Approve minutes. W ALTONSMITH/KAO MOVED TO APPROVE MINUTES OF JULY 6. 2005. MOTION PASSED 3-0-2 WITH KING AND KLINE ABSENT, 3E. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. W ALTONSMITH/KAO MOVED TO APPROVE CHECK REGISTER. MOTION PASSED 3-0-2 WITH KING AND KLINE ABSENT, 3F. TREASURER'S REPORT FOR THE MONTH ENDED JUNE 2005 STAFF RECOMMENDATION: Accept and file report. W ALTONSMITH/KAO MOVED TO ACCEPT TREASURER'S REPORT FOR THE MONTH ENDED JUNE 2005. MOTION PASSED 3-0-2 WITH KING AND KLINE ABSENT. 3G. INDEPENDENT CONTRACT AGREEMENT FOR DEBORAH UNGO- MCCORMICK STAFF RECOMMENDATION: Authorize City Manager to execute the agreement for planning and development services. 3 3H. W ALTONSMITHlKAO MOVED TO AUTHORIZE CITY MANAGER TO EXECUTE THE AGREEMENT FOR PLANNING AND DEVELOPMENT SERVICES. MOTION PASSED 3-0-2 WITH KING AND KLINE ABSENT, ACCEPTANCE OF SETTLEMENT AND MUTUAL RELEASE AGREEMENT WITH THE SILICON V ALLEY ANIMAL CONTROL AUTHORITY (SV ACA) STAFF RECOMMENDATION: Authorize execution of Settlement and Mutual Release Agreement with SV ACA, W ALTONSMITH/KAO MOVED TO AUTHORIZE EXECUTION OF SETTLEMENT AND MUTUAL RELEASE AGREEMENT WITH SV ACA. MOTION PASSED 3-0-2 WITH KING AND KLINE ABSENT. PUBLIC HEARINGS 4. AMEND CITY CODE SECTION 3-05.010 REGARDING FINES FOR VIOLATIONS OF THE BUILDING CODE AND OTHER ORDINANCES STAFF RECOMMENDATION: 1. Hold the public hearing and consider all testimony. 2. Introduce the Ordinance by reading its title and waiving the first reading. 3. Direct staff to place the Ordinance on the consent calendar for second reading and adoption at the next regularly scheduled Council meeting. Richard Taylor, City Attorney, presented staff report. City Attorney Taylor explained that State law governs the maximum fines that may be levied in connection with violations of the City Code. In 2004 the City was authorized to increase the fines for multiple violations of the building code (but not other provisions of the Code). This was the first increase authorized since 1983. The attached ordinance would amend the City Code to increase the City's fines for building code violations from $200 to $500 for the second violation and from $500 to $1000 for the tltird violation. First violations would continue to be subject to a $100 fine. In addition, City Attorney Taylor explained that the attached ordinance would amend the code to clarify that fines for second and tltird violations can be imposed only for a second violation of the same code requirement. Currently, the code could be interpreted to allow a higher fine for a second code violation by the same person, even if the subsequent code violation is unrelated to the first. Presiding Officer Streit opined the public hearing and invited public comments. Seeing none, presiding Officer Streit closed the public hearing. 4 WALTONSMITHlKAO MOVED TO HOLD THE PUBLIC HEARING AND CONSIDER ALL TESTIMONY: INTRODUCE THE ORDINANCE BY READING ITS TITLE AND WAIVING THE FIRST READING: DIRECT STAFF TO PLACE THE ORDINANCE ON THE CONSENT CALENDAR FOR SECOND READING AND ADOPTION AT THE NEXT REGULARLY SCHEDULED COUNCIL MEETING.. MOTION PASSED 3-0-2 WITH KING AND KLINE ABSENT. OLD BUSINESS None NEW BUSINESS 5, AWARD OF CONTRACT FOR STREET SWEEPING SERVICES STAFF RECOMMENDATION: 1. Move to award Street Sweeping Contract to Universal Sweeping Services in the amount of$75,993. 2. Move to authorize the City Manager to execute a Street Sweeping Contract with Universal Sweeping Services. 3. Approve $5,000 allowance for additional street sweeping services as needed. 4. Approve Resolution amending the FY 05/06 Budget. Rick Torres, Public Works Supervisor, presented staff report. Supervisor Torres explained that during staff's annual contract meeting with Los Altos Garbage Company, the current street sweeping contractor, they indicated that they could no longer perform street sweeping services for the City, as their Company was phasing out this function of their business. Supervisor Torres noted that Los Altos Garbage has agreed to continue services for one additional month to ensure that sweeping services would not be interrupted. Supervisor Torres stated that on May 16, 2005 Request for Proposals were sent out to eight contractors for sweeping services. Of the eight proposal packages sent out by staff two contractors submitted proposals, Universal Sweeping Services of San Jose and Clean Sweep of Gardena. Universal Sweeping Services was the lowest proposal at $75,993 and Clean Sweep was second at $83,085. Supervisor Torres pointed out that Universal's proposal of $75,993 is a cost increase of $24,513 over the previous fiscal year. The amount budgeted for street- sweeping services in FY 04/05 was $56,480. $50,000 has been budgeted for street sweeping in FY 05/06; therefore it is necessary that the budget be amended to reflect the current cost for these services in the amount of$25,993. 5 In addition, Supervisor Torres stated that it is reco~end~d that a $5,000 , allowance be approved for additional street sweepl~g servtces as neede~ dUrIng the year. These additional services include dense tree lIned streets that reqUIre more sweeping during the fall. The $5,000 allowance is incorporated in the current budget and does not require amending. Supervisor Torres stated that the attached resolution would amend the FY 05/06 budget will be amended to reflect the increase in the new contract in the amount of $25,993. The additional contract amount will be funded from the Environmental Fund. Councihnember Waltonsmith asked how often the streets were swept. Supervisor Torres stated that the streets are all swept once per month, although sometimes in the winter it might be more often to keep the storm drains clean. . Councilmember Waltonsmith asked if Universal Sweeping Services have worked for other cities. Supervisor Torres responded that they have a contract with the City of Stockton, on call for the City of San Jose, and several contracts for parking lots throughout the County. Councihnember Kao asked if street sweeping notices were sent out to the residents. Supervisor Torres stated that the publication of the schedule to the residents was part of the contract. Councilmember Kao asked if the schedule could be posted on the City's website. Supervisor Torres responded that it is already on the web. Presiding Officer Streit pointed out that the funds for this service doesn't come out ofthe General Fund but from the Environmental Fund. KAO/W ALTONSMITH MOVED TO MOVED TO AWARD STREET SWEEPING CONTRACT TO UNIVERSAL SWEEPING SERVICES IN THE AMOUNT OF $75.993: MOVE TO AUTHORIZE THE CITY MANAGER TO EXECUTE A STREET SWEEPING CONTRACT WITH UNIVERSAL SWEEPING SERVICES: APPROVE $5.000 ALLOWANCE FOR ADDITIONAL STREET SWEEPING SERVICES AS NEEDED: APPROVE RESOLUTION AMENDING THE FY 05/06 BUDGET. MOTION PASSED 3-0-2 WITH KING AND KLINE ABSENT. 6 ADHOC & AGENCY ASSIGNMENT REPORTS Councilmember Nick Streit had no reportable information. Councilmember Aileen Kao had no reportable information. Councihnember Ann Waltonsmith reported the following information: KSAR Community Access TV Board - approved the new bylaws and working on the Director's contract. Saratoga Historic Foundation - recently Dave Walters from the SCC Office of Education. Visited the Saratoga Museum. Mr. Walters is currently trying to implement a program throughout the school system using the area's historic museums. Sister Citv Liaison - August II, 2005 @ 10:00 a.m. Sister City Student Exchange Program event at City Hall. Hakone Foundation's annual "Moon Viewing Dinner" will be held on September 23,2005. CITY COUNCIL ITEMS None OTHER None CITY MANAGER'S REPORT None ADJOURNMENT There be no further business Acting Presiding Office Streit adjourned the meeting at 7:30 p.m. 7 MINUTES SARATOGA CITY COUNCIL JULY 6, 2005 The City Council met in Closed Session in the Administrative Conference Room, 13777 Fruitvale Avenue, at 6:30 p.m. Conference With Legal Counsel- Existing Litigation (Gov't Code Section 54956.9(c): (I case) - Thompson Pacific Construction v. City of Saratoga (Santa Clara County Superior Court Action No. 104 CV021639) Conference With Legal Counsel- Anticipated Litigation Significant exposure to litigation (Section 54956.9(b)) (1 case) Mayor King called the Regular City Council meeting to order at 7:00 p.m. and lead the Pledge of Allegiance. ROLL CALL PRESENT: ABSENT: ALSO PRESENT: Councihnembers Aileen Kao, Nick Streit, Ann Waltonsmith, Vice Mayor Norman Kline, Mayor Kathleen King None Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Michele Braucht, Administrative Services Director John Livingstone, Interim Community Development Director John Cherbone, Public Works Director REPORT OF CITY CLERK ON POSTING OF AGENDA FOR JUlY 6. 2005 Cathleen Boyer, City Clerk, reported that pursuant to Govemment Code Section 54954.2, the agenda for the meeting of July 6, 2005 was properly posted on June 28, 2004. ORAL COMMUNICATIONS The following person requested to speak at tonight's meeting: Citizen Ray discussed his concerns in regards to Highway 9 safety. COMMUNICATIONS FROM BOARDS AND COMMISSIONS Phylis Ballingall noted that she was a member of the Heritage Preservation Commission. Commissioner Ballingall updated the City Council on the status of the four applications that have been sent to the National Registry for historic designation. Susie Nagpal, Chair/Planning Commission noted that the City Council and Planning Commission held a Joint Meeting earlier this evening to discuss various issues. ANNOUNCEMENTS Jack Mallory described the activities that took place during the Independence Day Observance that held on Monday, July 4, 2005, at Azule Park. Mr. Mallory stated that approximately 400 people attended the event. Mr. Mallory noted that volunte.ers. handed out ice cream and water. Mr. Mallory thanked everyone who volunteered theIr tIme for this event. Mayor King thanked Mr. Mallory for the event. CEREMONIAL ITEMS lA. COMMENDATION HONORING WINDERMERE SILICON VALLEY PROPERTIES STAFF RECOMMENDATION: Present commendation. Mayor King read the proclamation and presented it to Gayle and Janet Glew, owners of the Saratoga Windermere Office and Katie Kane, lead person for the "Community Service Day" event. lB. COMMENDATION HONORING ORCHARD SUPPLY HARDWARE STAFF RECOMMENDATION: Present commendation. Mayor King read the proclamation and presented it to Rick Saunders, Orchard Supply Hardware/Marketing Division. lC. PROCLAMATION DECLARING THE MONTH OF JULY 2005 "PARKS AND RECREATION MONTH" STAFF RECOMMENDATION: Present Proclamation. Mayor King read the proclamation and presented it to Joan Pisani, Recreation Director and John Cherbone, Public Works Director, SPECIAL PRESENTATIONS None CONSENT CALENDAR 2A. CITY COUNCIL MINUTES - JUNE 15, 2005 STAFF RECOMMENDATION: Approve minutes. STREIT/KLINE MOVED TO APPROVE MINUTES OF JUNE 15. 2005. MOTION PASSED 5-0. 2 2B. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. STREIT/KLINE MOVED TO APPROVE CHECK REGISTER. MOTION PASSED 5-0. 2C. AMEND CONTRACT FOR IT SUPPORT WITH CITY OF PALO ALTO STAFF RECOMMENDATION: Authorize City Manager to execute amended contract. STREIT/KLINE MOVED TO AUTHORIZE CITY MANAGER TO EXECUTE AMENDED CONTRACT IT SUPPORT WITH CITY OF PALO ALTO. MOTION PASSED 5-0. 2D. NOTICE OF COMPLETION - 2004-05 PAVEMENT MANAGEMENT PROGRAM STAFF RECOMMENDATION: Accept Notice of Completion. City Attorney Taylor requested that this item be pulled from the agenda and rescheduled, Consensus of the Council to support City Attorney Taylor's request. PUBLIC HEARINGS None OLD BUSINESS 3. REVIEW OF DRAFT MASTER PLAN FOR THE DE ANZA TRAIL STAFF RECOMMENDATION: Accept and direct staff accordingly. Councilmember Kao recused herself from this item stating that she lives within 500 feet of the project. John Cherbone, Public Works Director, presented staffreport. Director Cherbone provided a brief background of the project. 3 Director Cherbone noted that the location of the trail within the PG&E ri~t.-of- way was constrained by two factors: I) a requirement that the traIl be a ml~lmum of25 feet from the center of the railroad tracks, and 2) there was not suffiCIent clearance between the PG&E towers and the common PG&EfUPRR right-of-way line for a 12 foot wide duel use trail. The constraint of the PG&E towers requires that the bicycle portion of the path (8 feet wide) be routed around the towers. Director Cherbone explained that the continuity of the trail was also limited by two right-of-way constraints: 1) there are two adjacent private properties near Cox Avenue where PG&E does not have right-of-way, and 2) PG&E doe not have right-of-way across the property owned by San Jose Water Property, which is located adjacent to the Cox Avenue County Fire Station. These right-of -way constraints split the trail into two usable segments, Director Cherbone noted that on March 3, 2004 the City Council directed staff to form a task force to explore the feasibility of improving the trail along the PG&E right-of-way and to develop a master plan. In addition, staff was directed to hire a design consultant to facilitate the process. Subsequently, at the June 2, 2004 City Council meeting, Council approved a professional services agreement with AN West to facilitate the master plan phase of the project. Director Cherbone explained in detail the Draft Master Plan for the De Anza Trail. Director Cherbone noted that the current construction costs estimate is $1,895,317, which includes a $100,000 line item for screening and other mitigation necessary for adjacent residents, The estimate for yearly maintenance is estimated at $30,138 per year, Director Cherbone pointed out that a series of Task Force and Community Meetings were held. Many comments and concerns were raised at the various meetings with additional comments received via email and direct mail. The main concerns raised from the public, include, but not limited to: . Security Issues . Privacy . Potential Decline in Property Values . Construction and Maintenance Costs Director Cherbone explained that the final steps to complete Phase 1 is to incorporate City Council comments into the Master Plan and to complete the Environmental Document in order to begin the required 20-day public comment period. Phase 1 is scheduled to conclude in September with City Council voting on the Final Master Plan and Environmental Document, and making the determination whether to move forward with Phase 2-Design and Construction. 4 Director Cherbone stated that a direct mailing to nearby residents ofthe proposed trail was sent notifying them of both the Council Site Visit and tonight's subsequent City Council meeting. Referring to the proposed parking lots, Vice Mayor Kline asked who suggested them because they weren't in the original plan. Director Cherbone responded that the Task Force suggested the parking lots. Vice Mayor Kline asked if staff has consulted with PG&E to see if the trail could go under the towers instead of jutting out around them. Director Cherbone responded that he hasn't consulted PG&E yet, but feels that they would probably be opposed to the trail going under the towers for safety reasons. Mayor King asked why the trail would be made from decomposed granite. Director Cherbone explained that decomposed granite looks more natural and still meets VTA's requirements as a "multi use all weather trail". Mayor King asked if VT A would pay for the Master Plan even if the City decided not to go forward with construction, Director Cherbone responded yes. Councilmember Waltonsmith stated that some residents were concerned that the City was wasting money by developing trails in segments. Director Cherbone responded that the City has a Trails Master Plan. Director Cherbone noted that currently there are several gaps throughout the City. Mayor King noted that there were several people who wanted to speak on this item. Dr. Bill Johnson commented that he feels this project consists of two trails that go nowhere. Dr. Johnson stated that the proposed length of the trail is inappropriate for cyclist. Dr. Johnson pointed out that the proposed plan has no provisions for emergencies. Dr. Johnson stated that he feels that this project is a misuse ofVTA funds. Mike Gilbert thaoked the City Council and the Task Force for their time and effort on this project. Mr. Gilbert stated that the trail is already heavily used and any improvements would be welcomed. Mr, Gilbert pointed out that the proposed trail would be good for the elderly and disabled. Mr. Gilbert stated that he supports the proposed project. Robert McBride asked if the changes to the plan have been submitted to and approved by the VTA. Eric Bracher requested tltat the project be terminated. 5 Jim Stalhnan stated that he currently enjoys using this corridor and supports the proposed project. Anne Sanquini noted that supports the proposed project. Gilbert Johnson asked why the second trail segment was still on the Master Plan documents. Mr. Johnson stated that he feels the City left it on so the trail would look more complete. Anne Ng stated that she is a Cupertino resident and a trail enthusiast. Ms. Ng stated that this afternoon she attended the Site Visit and once the neighbors found out she wasn't a Saratoga resident they ordered her to leave. Ms. Ng encouraged the City Council to move forward with this project, which in the future could possibly link up with other trails. Cecilia Bulich noted that she is against this project and requested that the Council leave the trail as is. Ms. Bulich stated that the City should wait to develop the trail when the UPRR goes away. Nikola Miljevich noted that his family has been in Saratoga for over five generation and during that time they have watched Saratoga change - some good changes and some bad. Mr. Miljevich asked who was going to maintain the trail and where would the money come from. Bill Elltoff noted that he lived close to Congress Springs Park and his home has been vandalized several times. Mr. Elhoff stated that the trail is unsafe near the PG&E towers because of the EMF. Richard Brown stated that the trail should be left as is and noted that he feels it is a misuse of funds. Jeffrey Pugh stated that he is astounded that anyone on the City Council could support this project especially in light of recent budget cuts. Mike Nichimoto stated that they recently moved to their home and noted that their backyard directly abuts the trail. Mr. Nichimoto stated that ifthe proposed project moves forward the noise on the trail would increase. Mr. Nichimoto stated that he feels the cost of the project is too high and expressed his concerns regarding the safety of a trail near a railroad track. Julie Nichimoto noted that if the trail is developed anyone who uses it would be able to look into their kitchen. Sally O'Heam stated she is opposed to the project. Rita Witmer recapped previous City Council comments regarding this project. Ms. Witmer stated that the Council at one point agreed that if the neighborhood opposed the project - they would withdraw the application from VT A. 6 Al Castro noted that he would not have purchased his house if he knew ~bou~ the proposed project. Mr. Castro stated that the proposed trail infringes on hIS pnvacy. Eric Grube stated that he does not support the proposed project. Diane Reese noted that her house directly abuts the trail and noted that she supports the proposed project. Ms. Reese stated that this is an opportunity to preserve open space. William Brooks noted that he supports the proposed project. Bill Witmer noted that he was a member ofthe Task Force. Mr. Witmer noted that after several requests to VTA he's finally received a copy of the application the City submitted for the project. Mr. Witmer stated that within the pages that he has read, the City made false statements. Lois McPherson noted that she has lived in Saratoga for 44 years. Ms. McPherson stated that if the trail were developed it would bring more outside people to Saratoga. Bill Cooper noted that he lives on Mt. Eden Road. Mr. Copper stated that when people utilize a trail they don't look into windows and backyard because they are concentrating on the trail. Mr. Cooper stated the he supports the proposed project. Phil Peterson requested that the trail be left as is. Donna Poppenhagen noted that in 38 years living near the trail there has never been any problems. Ms. Poppenhagen supported making the trail safer. Brete Bigley pointed out that there is a lot of opposition to the trail and recommend that the Council withdraw the project from VTA. Mr. Bigley stated that developing the trail would increase crime, loitering, and traffic. Jeanne Carter noted that she has mixed feelings in regards to the proposed project. Ms. Carter stated her concern is how the Sheriffs Office would patrol the trail. Ms. Cater noted that she likes the decomposed granite-it would reduce the noise. Francis Killbrew noted that she supported the proposed plan if it clean up the trail, improved the surface to make it safer, and was patrolled regularly by the Sheriffs Office. Ms. Killbrew stated that she doesn't know if developing the trail would increase or decrease traffic in her neighborhood. Citizen Ray commented on the PG&E towers and stated that open space needs to be preserved. Mayor King thaoked everyone for their comments. Director Cherbone explained that this evening Council would need to decide to either finish Phase I, which is the feasibility study and is 80% complete, or discontinue the project. 7 Councihnember Streit noted that he supported finishing the feasibility study and then submitting it to VT A for review. Vice Mayor Kline noted that he sees a lot of problems with the proposed trail. Vice Mayor Kline noted that this evening the neighbors articulated their concerns very well. Vice Mayor Kline stated that he doesn't support going around the PG&E towers for safety reasons and doesn't support parking lots. Vice Mayor Kline noted that he does support finishing the feasibility study and encourage the residents to attend the VT A hearings when this project is agendized on their calendar. Mayor King stated that she supports finishing the feasibility study and supports the proposed parking. Councilmember Waltonsmith noted that it is no secret that she supports the project. Councihnember Waltonsmith stated that she supports finishing the feasibility study. Consensus of the City Council to direct staff to finish the feasibility study on the De Anza Trail. Mayor King declared at 10-minute break at 9:45 p.m. Mayor King reconvened the meeting at 9:55 p.m. 4. DISCUSSION REGARDING THE FORMATION OF A COUNCIL AD HOC TO EXPLORE USES FOR CITY OWNED PROPERTY LOCATED AT 19848 PROSPECT ROAD STAFF RECOMMENDATION: Discuss the formation of a Council Ad Hoc to explore uses of property located at 19848 Prospect Road, John Cherbone, Public Works Director, presented staff report. Director Cherbone explained that Councilmember Waltonsmith and Councihnember Kao requested that this item be agendized to discuss the formation of a Council Ad Hoc Committee to explore uses ofthe City owned property located at 19848 prospect Road. Charles Butterfield noted that he was the owner of Butterfield Real Estate Firm. Mr. Butterfield suggested that the City consider sale and partiallease back to a church or school. Mr. Butterfield stated that he recently had a group that was interested in tltis proposal, but unfortunately the sanctuary was too small for their needs. Mr. Butterfield stated that he does have another group interested in the property. 8 John Feemster noted that he was representing SASCC, Mr. Feemster stated that they would gladly move to the property located a~ 19848 Prospect Road. Mr. Feemster stated that if the City moves forward WIth the sale of the prop~~y, SASCC would hope to be allowed to share space with the proposed addItIon to City Hall and be considered in the discussions regarding the use of proceeds from the sale. Ed Grabowy noted that he was representing "Citizens to Create Public Space" formally known as "Citizens to Save the North Campus". Mr. Grabowy requested that the City reconsider selling the property located at 19848 Prospect Road. Mr. Grabowny stated that the citizens have spoken and they support the property being used for community purposes. . Jack Mallory thanked the Council for their consideration on this item. Councilmember Streit stated that when he was Mayor and the City purchased the property the public said the City should have never purchased the property and now the public is saying the Council shouldn't sell the property. Councihnember Streit stated that he doesn't want to continue discussing this issue and would not support another Ad Hoc Committee. Vice Mayor Kline stated that he concurred with Councilmember Streit. Vice Mayor Kline stated that if someone wants to pay a fair price for the property he'd sell it. Councihnember Kao noted that she would like to work with the citizens to find a way to purchase the property. Mayor King briefly highlighted the original intent of the property and noted that if a group approached the City 36 months ago to purchase the property the City would have saved over $70,000 on the Sheriffs Office departure from the City, Mayor King stated that the City doesn't have the funds to keep the property and turn it into a community center- money needs to be spend on roads and infrastructure. Mayor King stated that if Councilmembers Kao and Waltonsmith want to work with the residents on their own time they are free to do so-without staff support. Consensus of the City Council that an Ad Hoc Committee would not be formed to explore uses ofthe property located at 19848 Prospect Road. 5. DISCUSSION REGARDING THE FUTURE USE OF FUNDS FROM THE PROCEEDS OF THE SALE OF CITY OWNED PROPERTY LOCATED AT 19484 PROSPECT ROAD STAFF RECOMMENDATION: Accept report and provide direction to staff regarding the future use of funds from the proceeds of the sale of City owned property located at 19848 Prospect Road. John Cherbone, Public Works Director, presented staff report. 9 Director Cherbone stated that Mayor King agendized this issue in order to begin the discussion regarding the future use of funds from the proceeds of the sale of the City owned property located at 19848 Prospect Road. Director Cherbone noted that it could be conservatively assume that the ~ity will be able to sell the property for the purchase price of $4.5 million. Most lIkely the property would sell in the range of $4.5 to $7.5 million. Director Cherbone noted that it is anticipated that there will be public discussion regarding the future use of the proceeds from the sale and it would be productive to begin discussing the public process. Vice Mayor Kline noted that he felt it was to 0 early to discuss the use of the proceeds from the sale of the Prospect Road property. Councilmember Kao asked Director Cherbone where he got the estimates on the value of the property. Director Cherbone explained that he worked with local developers to estimate the value ofthe property. Mayor King noted that she didn't agree with the appraisal that was done on the property when the City purchased it but does support Director Cherbone's estimates. Mayor King noted that she supports using the interests from the from the proceeds should be used for infrastructure Councihnember Streit stated that the proceeds should be used to replenish the reserves and for infrastructure. Vice Mayor Kline stated that the proceeds should not be used for operating expenses. Councilmember Kao noted that she would support using the proceeds for the good ofthe community. Councilmember Waltonsmith stated that she felt it was too early to discuss the use of the proceeds. Consensus of the City Council to agendize this item when the property has been sold and the City has the funds. NEW BUSINESS 6, POSSIBLE REDIRECTION OF COUNCIL/COMMISSION STIPEND STAFF RECOMMENDATION: Accept report and direct staff accordingly. City Attorney Taylor requested that this item be pulled from the agenda and rescheduled, 10 ADHOC & AGENCY ASSIGNMENT REPORTS Mavor Kathleen Kin!! Hakone Foundation Liaison Santa Clara County Cities Association SASCC West Valley Mayors and Managers Association Vice Mayor Norman Kline reported the following information: Librarv Joint Powers Association - discussing several lawsuits that have been filed against the JP A in regards to the last ballot measure SCC Cities Association-Joint Economic Development Policv Committee (JEDPC) - discussing standardizing permitting system throughout Santa Clara County. Councihnember Nick Streit reported the following information: West Vallev Solid Waste Joint Powers Association -moving forward with the preparation ofthe RFP for the disposal contract. West Vallev Sanitation District - continued controversy over the price of the sewer system in the Town of Los Gatos. Councilmember Aileen Kao had no reportable information, Councilmember Ann Waltonsmith reported the following information: Sister Citv Liaison - preparing for the student exchange in August. CITY COUNCIL ITEMS Councihnember Streit explained the current preparation of the RFP for the West Valley Solid Waster JP A disposal contract. Councilmember Streit stated the subcommittee members agreed that City official couldn't have any outside contact with anyone who may submit an RFP. Councihnember Streit stated that each member City has been requested to adopt a resolution agreeing that there shall be no outside contact. Consensus of the Council to support Councilmember Streit's request. OTHER None CITY MANAGER'S REPORT None 11 - ADJOURNMENT There be no further business Mayor King adjourned the meeting at 11 :00 p.m. Respectfully s Cathleen Boye City Clerk ----------- 12 MINUTES SARATOGA CITY COUNCIL JULY 6, 2005 The City Council of the City of Saratoga held a Joint Session with the PI~ing Commission Council in the Administrative Conference Room, 13777 Frmtvale Avenue, at 5:30 p.m. The following City Councilmembers were present: Mayor Kathleen King, Vice Mayor Norman Kline, Councihnembers Aileen Kao, Nick Streit, and Ann Waltonsmith. The following staff members were present: City Manager Dave Anderson, Assistant City Manager Lorie Tinfow, City Attorney Richard Taylor, City Clerk Cathleen Boyer, Community Development Director John Livingstone. The following Commissioners were present: Chair Suzie Nagpal, Manny Cappello, Jill Hunter, Robert Kundtz, Linda Rodgers, and Mike Uhl. Commissioner Michael Schallop was absent. 1. WOULD THE CITY COUNCIL SUPPORT THE PLANNING COMMISSION APPROVING WELL DESIGNED SECOND STORY HOMES IN ONE STORY NEIGHBORHOODS? KING: Yes KLINE: Yes- If findings KAO: No - Not black and white STREIT: Yes - Well designed W ALTONSMITH: No Additional comments: Under right conditions, Yes Good Design - Defined by whom? Compatibility 2. DOES THE CITY COUNCIL THINK THE PLANNING COMMISSION MEETINGS SHOULD BE TELEVISED OR NOT? KING: Yes KLINE: No KAO: No STREIT: No W AL TONSMITH: Yes - But could be delayed showing Additional comments: Tape but not broadcast (4-1 with Waltonsmith opposed) Informality with no television could be useful. Some interest in televised meetings for newcomers to City to see how process works. 3. WOULD THE CITY COUNCIL SUPPORT THE PLANNING COMMISSION APPROVING HOMES BUILT TO THE MAXIMUM ALLOWED SIZE, HEIGHT AND IMPERVIOUS SURFACE COVERAGE IF THE HOUSE IS A GOOD DESIGN? KING: Yes KLINE: Yes - findings KAO: Yes STREIT: Yes - Good design WALTONSMITH: Yes 4. DISCUSS WAYS TO STREAM LINE THE PLANNING COMMISSION DESIGN REVIEW PROCESS. EXAMPLE, THE PLANNING COMMISSION COULD DECIDE WHICH HOMES NEED DESIGN REVIEW AND WHICH DO NOT Existing Design Review . Administrative . Planning Commission . Discretionary (new category) Additional comments: . Design Review at the Planning Commission level adds time - 2 months worst cast scenario. . Somewhat less staff time for administrative design review. . Slow down due to stafftumover, etc. . Problem to solve - efficiency . Make progress easier for applicants . Option-form Design Review Committee -Two Planning Commissioners 5. VILLAGE PARKING-THE COUNCIL HAS REQUESTED THAT THE PLANNING COMMISSION REVIEW THE PARKING RESTRICTIONS IN THE VILLAGE Comments: . Explore options for parking requirement to enhance business options. . Concerns: o Pay back owners o Lawsuit 6. AT THEIR RETREAT, THE COUNCIL SHOWED INTEREST IN DEVELOPING A PD ZONE IN THE VILLAGE Comments: . Update Design Guidelines - could be a tool . Ways to use regulations to enhance Village . Plan Development - Permits great flexibility . Articulate goals to be accomplished 2 . Used in Santa Clara for oddball parcels-Village seems similar/many challenges with area o Example: Property owners partner on redevelopment . Incentives . Synchronized leases/Buy & Save . Historic Preservation? o Include in goals o Could hire an expert to assist . How could committee work with Planning Commission o Could be donelNew Procedures o Review Upcoming projects at end of Commission meetings 7. POSSIBLE REDIRECTION OF COUNCIL/COMMISSION STIPEND Removed from agenda- no discussion. ADJOURNMENT There be no further business Mayor King thanked the Planning Commission for attending tonight's Joint Meeting and adjourned to Closed Session at 6:30 p.m. Ro""tfullY~ n~\ Cathleen B~jt~t.._. ______-/ City Clerk \. . 3