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HomeMy WebLinkAbout01-23-2001Adjourned meeting City Council Minutes MINUTES SARATOGA CITY COUNCIL ADJOURNED MEETING JOINT SESSION HERITAGE PRESERVATION COMMISSION PLANNING COMMISSION JANUARY 23, 2001 The City Council of the City of Saratoga met in a scheduled Adjoumed City Council Meeting on January 23, 2001 at the Adult Care Center, 19655 Allendale Avenue. Mayor Mehaffey called the Adjourned City Council meeting to order at 7:05 p.m. and requested Irwin Kaplan, Interim Community Development Director, to lead the Pledge of Allegiance. ROLL CALL P RE SENT: Councilmembers Ann Waltonsmith, Evan Baker, Stan Bogosian Mayor John Mehaffey ABSENT: Vice Mayor Nick Streit ALSO PRESENT: Dave Anderson, City Manager Cathleen Boyer, City Clerk Irwin Kaplan, Interim Director of Commtmity Development Heather Bradley, Assistant Planner/Heritage Preservation Commission, Liaison Mayor Mehaffey requested the City Clerk to proceed with the roll call of the Heritage Preservation Commission. The following Commissioners ~vere present: PRESENT Jill Hunter, Carolyn King, Norman Koepernik The following Commissioner arrived late: Willys Peck, Beth Wyman ABSENT: Robert Peepad REPORT OF CITY CLERK ON POSTING OF AGENDA FOR JANUARY 23, 2001. Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of January 23, 2001 was properly posted on January 19, 2001. City Council Minutes COMMUNICATIONS FROM PUBLIC No one spoke at tonight's meeting. JOINT MEETING WITH HERITAGE PRESERVATION COMMISSION January 23, 2001 Mayor Mehaffey welcomed the Heritage Preservation Commission. Norman Koepemick, Chair/Heritage Preservation Commission introduced the Heritage Preservation Commission members. HEIGHT LIMITATION ORDINANCE Chair Koepemik noted that the current height ordinance for a detached structure is 12fi. with the allowance, under certain conditions, to go up to 15fi. Mr. Koepemick suggested amending the ordinance to allow homeowners to built detached structures to match the design of the existing house as long as it did not obstruct or interfere with any of the surrounding neighbors. Chair Koepemik stated that if the height limit for detached structures were increased, he feels that homes would have a better design element Councilmember Bogosian asked Chair Koepemick if the height limit was raised, how could the City guarantee that it would not be abused. Councilmember Bogosian noted that he sees no reason to change an ordinance that seems to be working fine and noted that possible height violations could be a problem with homeowners trying to build massive detached structures. Heather Bradley, Heritage Preservation Commission/Staff Liaison, noted that the amendment could state that a proposed detached structure could be built based on the existing home, especially historic homes. Mrs. Bradley explained that currently if a homeowner wants to raise the height limitation they have to request a variance. Mayor Mehaffey asked if an amended height ordinance would apply to all homes or just historic homes. Chair Koeperuik replied that it could start with historic homes but if applied to other homes the height could be based on design. Carolyn King, Heritage Preservation Commissioner, stated for the record that this topic was not discussed with the rest of the Commission, prior to presenting it at the Joint Meeting with the City Coucnil. Councilmember Baker suggested that the Heritage Preservation Commission take Mr. Koeperuick's suggestions as an action item and come back with a recommendation to the Planning Commission and the City Council. 2 City Council Minutes January 23, 2001 Mayor Mehaffey asked Chair Koepemik what specific changes he would like to see to he existing ordinance. Chair Koepemik explained that in regards to detached structures, mainly garages, changes in the height limit to balance the present structure would be his preference. Councilmember Waltonsmith requested background on any problems with the current ordinance. Mayor Mehaffey concurred with his colleagues and suggested that Chair Koepemick take this back to the Heritage Preservation Commission for discussion. DEMOLITION PERMIT PROCESS Chair Koepemik explained that within the city limits demolition permits should come to the Heritage Preservation Commission first. Chair Koepemik suggested that perhaps if the City put an age restriction on buildings that would automatically signal the Planning Staff to sent that particular permit to the HPC for approval. Chair Koepemik suggested that the City should consider developing a salvaging program. Chair Koepemik explained that when a historical house in Saratoga is approved to be demolished, a qualified person should be allowed to salvage certain elements of the house for possible reuse in other historic homes. Commissioner Hunter noted that she is very frustrated because several homes have been and will be destroyed without the HPC even reviewing the permits. Commissioner Hunter noted that it should not matter if these older homes are not listed on the Saratoga Historic Register, they still could have some sort of historical value. Commissioner King used the Sasso House as an example. Commissioner King also noted that sometimes the Planning Commission overrules their decisions. Commissioner Peck noted that when it comes down to the final decision no one can really deny a property owner's fights develop or demolish their own property. Commissioner Peck noted that the Heritage Preservation Commission should implement more restrictions and/or requirements so the homeowners would want to keep the historical value of their home and not demolish them. Councilmember Bogosian noted that he does not want to make it more difficult for homeowners but agrees that the historical value of homes should be preserved in Saratoga. He noted the City should offer incentives to homeowners to keep the historic value of their home. Commissioner Hunter suggested perhaps the City could offer plaques with the history of the house on it or simply honor homeowners who preserve their homes. Chair Koepemik noted that occasionally the HPC will deny a demolition permit and the 3 City Council Minutes January 23, 2001 Planning Commission over roles their decision. Councilmember Baker noted that owners of historical homes in Saratoga are not required to register their home on the designated landmark list but if they choose to do so and in mm destroy that home they have committed a major violation and should be held accountable. Mrs. Bradley requested the oppommity to clarify the difference between the two lists of historic homes the City currently has. First, she explained that the 17 homes on the designated landmark list were placed there on a voluntary basis and the 101 structures that are on the City's inventory list were involuntarily placed there. Councilmember Baker asked who puts the 101 structures on the City's inventory list. Mrs. Bradley noted that the HPC generates the list. Commissioner Hunter explained that right now two Julia Morgan houses are being redone, and no one in this City knows this is taking place, nor do they know the significance of these houses. Commissioner Hunter explained that Julia Morgan was a well-known female architect.of the 1900's who designed the Hurst Castle. Commissioner Hunter noted that she feels that the people in Saratoga need to know the historic value of certain homes otherwise they will be demolished. Councilmember Baker noted he disagrees with the City designating homes as historic and subjecting a homeowner involuntarily to roles and restriction that otherwise do not imply to any one else in the City. Mrs. Bradley explained that the general notion is that the HPC is letting the historic homes, which are on the inventory list, be demolished. Mrs. Bradley pointed out that people seem to forget that these homes were not voluntarily placed on the City's inventory list. This is why the HPC does not feel they have the authority to stop these demolitions. Mayor Mehaffey does not support telling people what they can do with their home as if they have not placed their home voluntarily on the historic list. Councilmember Bogosian noted that the Council recently adopted a resolution supporting the Heritage Orchard in perpetuity and that the future restoration project shows a reawaking of the interest of preserving the past of Saratoga. Councilmember Waltonsmith noted she wants to save the old houses in Saratoga and suggested that the HPC find ways promote and develop incentives for homeowners who own historic houses. Commissioner Wyman noted that the HI?C has recently tried to offer incentives to two particular homes in Saratoga, both owners refused. City Council Minutes January23,2001 Mayor Mehaffey summarized what he feels is the consensus of the Council. Direct the HPC to develop a set of incentives that the City could use to get the 101 homes on the inventory to voluntarily designate themselves as landmarks Mrs. Bradley noted that about every two years the HPC sends out notices to all the 101 homes on the City's inventory list explaining the incentives and asking them to voluntarily place their home on the landmark inventory list. 3. HERITAGE ORCHARD/LIBRARY EXPANSION & RENOVATION PROJECT Chair Koepemik noted that the HPC is extremely eager to work on the restoration of the Heritage Orchard. Dave Anderson, City Manager, noted that in conjunction with the Library Expansion Project and money in the City's CIP budget the entire orchard would be restored. Mr. Anderson noted that at the last HPC meeting they brainstormed several ideas on how to restore the Heritage Orchard. Mr. Anderson noted that Matt Novakovich would be replanting some trees along Fruitvale Avenue/Saratoga Avenue and that Linda Gates will be developing a Master Plan for the Heritage Orchard Restoration Project. Mr. Anderson noted that the Library Expansion Committee has helped design the new Library to bring the orchard closer to the new building. Commissioner Wyman noted she still would like to implement a fourth grade curriculum once the Heritage Orchard Restoration Project is complete. Chair Koepemik noted that the HPC is considering an "Adopt a Tree" program along with several ideas of classes that could be offered in relation to the orchard. Councilmember Waltonsmith requested that the public be made aware of the restoration project before bulldozers start removing the trees. Mr. Anderson responded that an article was published in the Saratoga News, a notice was placed on the bulletin board on KSAR, and a sign will be placed on the comer of Fruitvale Avenue/Saratoga Avenue and a project description placed on the City's website. Councilmember Bogosian suggested continuous articles in the Saratoga News explaining the process and progress of the restoration project. Mayor Mehaffey thanked the Heritage Preservation Commission for attending tonight's meeting. Mayor Mehaffey declared a recess at 8:05 p.m., reconvening at 8:15 p.m. City Council Minutes JOINT MEETING WITH PLANNING COMMISSION Cathleen Boyer, City Clerk, conducted roll call of the Planning Commission: PRESENT ABSENT: January 23, 2001 Cynthia Barry, Lisa Kurasch, Chuck Page/Chair, Margaret Patrick, George Roupe Mary-Lynne Bemald, Ema Jackman 1. HERITAGE PRESERVATION COMMISSION - POSSIBLE GOVERNING BODY Chair Page stated that during the previous discussion with the Heritage Preservation Commission he heard some talk about the Planning Commission overturning decisions that the HPC may have recommended. Chair Page explained that the Planning Commission receives the minutes from the HPC meetings. The Planning Commission takes the comments that come from HPC and incorporate, their intentions in a resolution of the conditions of approval. Chair Page noted that the Planning Commission have had discussions about the HPC becoming more of a governing body, taking votes, and making strong recommendations, which would be appealable only to the City Council. Chair Page noted this is why this is an agenda item for discussion tonight. Councilmember Waltonsmith noted that the HPC's decisions are recommendations from a group of people looking at a project strictly from its historic nature. Commissioner Kurasch noted that she sees an opportunity for interaction between the HPC and the Planning Commission, which has not been taken advantage of in the past. Commissioner Kurasch suggested having study sessions with the HPC when there is a project of historic value to the community. Commissioner Kurasch noted that this might help the Planning Commission have a better understanding of the HPC views. Commissioner Barry concurred with Commissioner Kurasch. Councilmember Baker disagreed with having the two Commissions meet for study sessions. Councilmember Baker noted that it is the HPC's responsibility to bring their concerns to the attention of the Planning Commission. Conncilmember Baker noted that the Planning Commission should not have to monitor the HPC's agenda for potential problems. Mayor Mehaffey asked if a house that is on the City's inventory list automatically gets routed to the HPC when permits are submitted, when it goes to the Planning does the Chair of the HPC attend the Planning Commission. 6 City Council Minutes January 23, 2001 Chair Page responded that Chair Koepemick attends when there are problems that need to be addressed other than that the Planning Commission gets direction from the HPC minutes. Mayor Mehaffey responded that the Council advised the HPC to take that issue back for more discussion. Mayor Mehaffey asked if the Planning Commission would like to review their recommendations. Chair Page responded yes. 2. DIRECTION OF ADVANCED PLANNING PROJECTS Irwin Kaplan, Interim Community Development Director presented a brief status report on advanced planning projects. a. Housing Element - Recently received the background report, which included the Housing Needs Assessment Report from ABAG. Heather Bradley has agreed to review it. Once reviewed staff will make recommendations to Council through the normal hearing process. b. Circulation Element - Complete c. Land Use Element - Next step Lisa Kurasch, Planning Commissioner, asked for an overview on how the Needs Assessment Report relates to the Housing Element. Director Kaplan responded that the Assessment Report is a statistical analysis of the City and resources for potential growth and development. Director Kaplan explained that by itself, the Assessment Report, states where the City is today, where it has been, and with the policies that are currently used, where the City is going. The City will in turn hire a consultant to assist with the effect. Cynthia Barry, Planning Commissioner, noted that when the Circulation Element was being drafted the Planning Commission was left out of the policy decision-making process. Commissioner Barry noted that the Cimulation Element was not developed in an open discussion with the Plarming Commission and requested that perhaps City Staff, Planning Commission, and the Consultant could meet prior to review and discuss the report. Director Kaplan agreed that a study session would be beneficial. Mayor Mehaffey directed staffto schedule a study session with the pertinent parties to discuss the Back Ground and Needs Assessment Reports. Commissioner Kurasch noted that she feels that communications and awareness of similar problems that surrounding communities are facing could benefit Saratoga and help solve our housing issues. 7 City Council Minutes January 23, 2001 Mayor Mehaffey agreed and directed the City Manger to contact the surrounding cities and find out when this issue will be on their agendas. Director Kaplan recommended that all the Planning Commissioners attend the Annual Institute in Monterey. Director Kaplan noted it is a good opportunity for networking. Councilmember Bogosian noted he attended this conference when he was a Planning Commissioner and found it very beneficial. 3. STATUS OF HOUSING ELEMENT Director Kaplan noted that the first part of the Housing Element is complete. Director Kaplan explained that the background report contains the Housing Needs Assessment Report, which contains an inventory of the City's housing needs and statistical information, which predicts the future needs of Saratoga. Staff needs to review the document and translate the information into proposals on what the City should be doing. Chair Page asked if the public would be included in the review process of the Assessment report. Director Kaplan noted that the Assessment Report is a technical report but if it is the Council's desire he could make it available to the public for review. Chair Page suggested putting it on the City's website. 4. STATUS OF SOBRATO/BOHLMAN ROAD TASK FORCE Director Kaplan explained that the Planning Commission directed that Public Safety Commission on February 8, 2001 to make recommendations and perhaps form a neighborhood task force. Director Kaplan noted that the subdivision is at a stand still until further notice and invited all the people who spoke at the Planning Commission to attend the Public Safety Commission meeting. 5. DISCUSSION ON SIZE OF BASEMENTS AND LAND FILL EXPORT Commissioner Barry noted that the current ordinance concerning basements should be amended. Commissioner Barry explained that the way it stands right now there are no limits on the size of basements or any requirement of the basement space be used as a trade off of above the ground space. Commissioner Barry stated for example, that a project could come before the Planning City Council Minutes January 23, 2001 Commission with 2,500 square feet of basement, 2,500 square feet on the 1 st floor, and 2,500 square feet on the 2nd floor and the basement figures are not included in the total square footage of the house. Councilmember Baker asked Commissioner BatTy what her objections with the current ordinance. Commissioner Barry explained that there are some environmental considerations in regards to basements but her main concern is why the City has not required that a project with an extremely large basement decrease the square footage of the proposed ground level plan. Councilmember Bogosian asked why she wants smaller houses above ground. Commissioner Barry noted that houses are coming before the Planning Commission are tremendously increasing in size. Mayor Mehaffey noted he supports basements especially in the current housing prices and if there is no harm being caused to anyone then it should be allowed. Councilmember Baker asked if it was a cut and fill problem. Commissioner Barry noted that it is not a cost option because there is often a considerable cut and that earth has to be transported somewhere else. Councilmember Baker noted basements should not be a problem in a built-out city like Saratoga. He does not see an environmental problem and noted that basements do strengthen the houses and provides extra storage space. Councilmember Waltonsmith noted that she supports basements if homeowners feel they need more space but does not know whether or not the current ordinance needs to be amended. Councilmember Bogosian does not support bringing size restrictions through the back door by using basements to limit homeowners' rights. Councilmember Bogosian noted that as long as basements are being built properly he supports the construction of them. If the subject of concern is the size of houses, monster houses, he is willing to discuss that issue further. Commissioner Kurasch noted that fill for basements are exempt in the Uniform Building Code. Commissioner Kurasch stated that she sees a problem with this and that a she doesn't view a basement as a 4000 square feet room with 10-foot ceilings. Also she noted that there are many impacts to the neighborhood around where the basement is being constructed. 9 City Council Minutes January 23, 2001 Mayor Mehaffey mentioned the ongoing construction project on Paul Avenue. Mayor Mehaffey noted that his only problem with basements and crawl spaces is that the fill is not being trucked out. Mayor Mehaffey explained that a particular contractor on Paul Avenue is digging a hole and spreading the fill in the yard, which in turn is raising the entire property without a grading permit. Councilmember Baker noted that the situation that is occurring on Paul Avenue is in violation of their building permit. Commissioner Roupe noted that the current construction of basements is safe and noted the City's building inspectors could tell if they were not. Commissioner Roupe noted that lately 3 out of 4 applications that come before the Planning Commission include a basement. Councilmember Baker noted that Councilmember Streit is the City's representative to the Solid Waste JPA and perhaps he could ask the JPA about the uses of dirt from excavations. Mayor Mehaffey noted that if there is documented evidence supporting the misuse of basements or any relevant environmental issues he would like a repot back from the Planning Commission, but he has not heard anything tonight that is incriminating to prohibit the use of basements. Chair Koepemik/noted he supports the use of basements because they are a great solution to increase the square footage of a house. Councilmember Baker asked the Planning Commission if there are issues that continue to reoccur in Planning Commission heatings, applications, and considerations that lead them to conclusions that the City may have ordinances that are out of sync with our citizens. Commissioner Kurasch responded that the Commission has had discussions of the possibility of restricting all new wood burning fireplaces. Commissioner Kurasch explained that cmrently the Commission limits them to one per home. Commissioner Kurasch noted that it is an air quality issue. Commissioner Kurasch also mentioned the ongoing opposition to monster homes. Commissioner Kurasch noted that the phrase "monster home" comes up about every other meeting from members of the public who do not want these huge homes in their neighborhood. Currently, the writing in the code, regarding compatibility with an existing neighborhood, is related to square footage of the existing homes. Councilmember Baker asked if the Planning Commission have approved homes that when the finished product is viewable, is incompatible with the neighborhood and viewed as a "monster home". City Council Minutes January 23, 2001 Commissioner Kurasch responded that they have approved homes that had no other findings to make but to approve them. Commissioner Kurasch noted that sometimes the homes become the president of what may come to those particular neighborhoods in the future. Councilmember Baker noted that he understood the Community Development Department was studying two or three neighborhoods in the City of Saratoga to defined what a "neighborhood" should be. Councilmember Baker asked what the status was on that study. Mr. Anderson noted he would follow up with the Community Development Department. Mayor Mehaffey commented on the use of wood burning fireplaces and directed the Planning Commission to research the issue. He suggested that they focus on emissions rather that wood buming. Councilmember Baker noted that he agrees that wood burning fireplaces are pollutants. Councilmember Baker pointed out that fireplaces are also the only emergency source of heat some people have especially during the recent rolling blackouts and high cost of gas and electricity. Mayor Mehaffey thanked the Planning Commission for attending tonight's meeting. Councilmember Baker noted that he is the City Council liaison to the Planning Commission. Councilmember Baker explained that although he does not attend the meetings he does watch it on KSAR. Councilmember Baker noted that Chair Page has agreed to meet with him about every 6-8 weeks to discuss important issues that have come up during the Planning Commission meetings. CITY COUNCIL ITEMS Councilmember Bogosian informed the Council of the current status of the Silicon Valley Animal Control JPA. Councilmember Bogosian noted the JPA's recent actions: 1) Advertised positions of General Manager 2) Posted a job description for an Operational Manager. Councilmember Bogosian explained that recent studies have indicated that for FY 2001-02 the JPA would have a budgetary share of this project of $168,000.00. Councilmember Bogosian noted that the JPA have had discussions on the different facility options of whether to purchase land and build a shelter or lease the existing Animal Shelter and renovate it. Councilmember Waltonsmith stated she received another email from Jeff Walker that indicated the ongoing problems at the Azule Crossing Project have not been resolved. City Council Minutes January 23, 2001 Councilmember Waltonsmith requested an update on the status of the problems associated with the Azule Shopping Center project. Dave Anderson, City Manager, noted it would be on the next agenda. Councilmember Baker expressed dissatisfaction in regards to he Azule Crossing Project. Councilmember Baker suggested that the City should take immediate action and enforce the ordinance and agreement pertinent to this project. Councilmember Baker requested a status report on this project at the next City Council meeting. Mayor Mehaffey concurred with Councilmember Baker. Councilmember Baker reported that an overflow spill occurred in the Community Center on January 11, 2001. A report from the West Valley Sanitation District indicated that 700 gallons of sewage flowed into Wild Cat Creek and an additional 100 gallons flowed into the Commtmity Center. The District reported that the overflow was to due to a blockage in the sewer. Large amounts of clay, rock and pieces of pipe apparently cause the blockage. Also, the District reported the City's sanitary sewer connection does not have back flow check valves. Councilmember Baker recommended that staff contact the District and gather the estimates to install backflow devices in the City's connections. Councilmember Baker noted he would keep the Council abreast of the situation as he finds out new information. Councilmember Bogosian requested a complete cost breakdown of all the cost associated with this recent overflow. Councilmember Bogosian expressed that the party responsible for the overflow should be responsible to pay for the damages. Mr. Anderson noted he would follow up with John Cherbone, Public Works Director. OTHER None CITY MANAGER'S REPORT None ADJOURNMENT There being no further business, the Mayor declared the meeting adjourned at 9:45 p.m..~ .-- . .~ /~speqtful, lyzsubm~tted~ ,. -. 3.2