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HomeMy WebLinkAbout04-06-1988 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, April 6, 1988 PLACE: Civic Theater, 13777 Fruitvale Avenue, Saratoga CA TYPE: Regular Meeting 1. ROLL CALL: Mayor Peterson, Councilmembers Anderson, Clevenger, Hlava, Moyles present at 7:35 P.M. 2. CEREMONIAL ITEMS: None 3. ROUTINE MATTERS A. Approval of Minutes: Meetings Of March 16, 1988, and March 22, 1988. Councilmember Anderson asked that Minutes of March 22, 1988, 2, read "County Trans- portation Commission." HLAVA/ANDERSON MOVED APPROVAL OF MINUTES OF MARCH 16, 1988, AS PRESENTED AND MINUTES OF MARCH 22, 1988, AS AMENDED. Passed 5-0. B. Approval of Warrant List: ANDERSON, q*ILAVA MOVED APPROVAL OF THE WARRANT LIST. Passed 5-0. C. Report of City Clerk on Posting of Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on April 1, 1988: 4. CONSENT CALENDAR: A. Planning Commission Actions, March 23, 1988, - Noted and filed. · B.'PUblic Safety Commission MinUtes, March 14, 1988, - Noted and fred. C. Heritage Preservation Commission Minutes, March 2, 1988, - Noted and filed. D. Library Commission Minutes, March 23, 1988, - Noted and filed. E. Construction Acceptance, SDR 1290, Mt. Eden Rd., (Developer, L. Hulse) F. 'Consauction Acceptance, RE-2,Montalvo Rd., (Developer, K. Mueller) G. Final Building Site Approval, SD 87-014, Springer Ave., 1 lot (Developer, D. Heeter) H. Final Building Site Approval, SD 86-011, Carniel Ave. (Developer, E. Ng) ......... I. Final Map Approval, SD 87-005, Oak Place, 1 lot (Developer, Prolira) J. Final Map Approval, Tr. 8053, Manor Drive (Developer, Debor Corporation) K. Acceptance of Audit Reports for Fiscal Year 'ending June 30, 1986 L. Ordinance 71.38 amending Sections 6-10.060 of the City Code concerning the posting of notice of persons responsible for maintenance of alarm systems (second reading and adoption) M. Ordinance 71.39 making technical amendments to the Uniform BiaildingCode and the Uniform Plumbing Code and adopting the 1987 edition of the National Electrical Code (second reading and adoption) MEETING OF THE CITY COUNCIL Page APRIL 6, 1988 CONSENT CALENDAR Continued N. Resolution 2470 Reversing and Remanding Planning Commission Decision (Cunningham/Barnett Appeal heard March 16, 1988 O. Resolution 3471 Vacating of Portion of Trail Easement on Teerlink Ranch (Tr. 6781) P. Resolution 2472 reappointing Koepemik to Heritage Preservation Commission .Councilmember Anderson requested removal of Consent Calendar Item B. Councilmember Hlava requested removal of Consent· Calendar Item I. HLAVA/ANDERSON MOVED APPROVAL OF THE CONSENT CALENDAR WITH REMOVAL OF ITEM B. AND I. Passed 5-0. · . Councilmember Anderson cling Item B, Public Safety Commission Minutes, Traffic Matters, asked that the left hand turn from Highway 85 onto Seagull Way be further reviewed. HLAVA/CLEVENGER MOVED APPROVAL OF CONSENT CALENDAR B. Passed 5-0. In response to Councilmember Hlava's request, the City Attorney provided information on the legal title holder of property in Item I. Final Map Approval, SD 87-005, Qak Mace, (Protiva). HLAVA/CLEVENGER MOVED APPROVAL OF CONSENT CALENDAR I. Passed 5-0. 4. CONSENT CALENDAR ,II - ~ A. Indemnity Claim from Santa Clara County in Vavms Case 'MOYLES/HLAVA MOVED TO DENY CLAIM FROM SANTA CLARA COUNTY IN THE VAVR US CASE. Passed 5-0. 5.COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC: A. Oral Communications from the Public and Commissions - Mr. Jerry Bevans, 42231 Springer Ave.; Saratoga, commented as follows: ~ Consent Calendar Item A. Manning Commission Actions, March 23, 1988 Miscellane- ous Items. DR-87-048.2, roof modification approved for 14230 Paul Ave., in no way alleviated impacts to his home ~ Objected to City policy which through Community Services targeted his 30 year old guest cottage, a second storage shed and his car ~ The City, via registered mail, gave him 15 days in which to respond to violations ~ Had the City responded to his concerns on the 14239 Paul Ave project in 15 days, not seven months, he would not be speaking on Consent Calendar Item'A. ~ Violations at 14230 Paul Ave: exceeded impemrious coverage by approximately 19%; , depth foundation according to City Standards was built incorrectly; driveway was not built as submitted nor in accord with the City's fnTe tSrotection district building site. ...~ approval cheeklist; roof violated UBC, Table 32.3, Roof Coveting Applications; numerous electrical cede violations ...... Asked that the above infractions be corrected, some of which were safety items Ms. Helen SteMs stated that "Let's Vote" and the Saratoga Residents Association invited · the Council to a debate on Thursday, April 28, 1988, at West Valley Collage, 7:30 P.M. Mr. Bill Carlson, Village Merchants Association, presented the Council with a framed poster of the Easter Promenade held recently. Ms. Kathy Homer, Pierce Rd., Saratoga, requested information on Consent Calendar Item O; she supported the trail easements for horse back riding. B. Written Communications from the Public 1) Ray Hosler, 304 O'Conol St., Menlo Park, 94025, objecting to bicycle warning signs Councilmember Hlava stated that bicyclists objected to the signs, contending that roads too narrow for bicyclistS were also too narrow for ii;2/3cstrians and joggers a~ well as vehicieS~ MEETING OF THE CITY COUNCIL Page APRIL 6, 1988 COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC Continued Mayor Peterson, while sharing this concern, noted the safety hazards on Pierce.Rd. to cyclists. Councilmember Clevenger suggested that "Caution" signs warn everyone on the road; she asked that this Item be referred to the Public Safety Commission for review and comment. Mr. Tom Sleek cited traffic hazards caused by cyclists; they felt they had the right of way. ' HLAVA/MOYLES MOVED TO REFER ITEM TO THE PUBLIC SAFETY COMMISSION FOR REV/EW; LETI'ER TO BE AMENDED AND SENT TO MR. HOSLER. Passed 5-0. 2) Redwood School PTA, 13925 Fruitvale Ave., supporting those dealing with certain youth problems. HLAVA/ANDERSON MOVED TO ACKNOWLEDGE, NOTE AND FILE. Passed 5-0. The Mayor proceeded to Public Hearings. 8. PUBLIC HEARINGS A. Appeal of denial of request for use permit approval of plans to legalize an existing 12.5 ft. high gazebo which is set back 13.5 ft. from the fight side property line where a 15 ft. setback is required at 1933:7 Lisa Marie Ct. (Applicant/appellant, Bowman) Planning Director Hsia presented the Memorandum to the City Council of April 6, 1988. The Public Hearing was opened at 8:04 P.M. Mr. David Simpson, Contractor, commented as' follows: A mistake was made in not obtaining the neeessaxy permits from the City Asked that the homeowners not be penalized for his mistake Presented letters from residents at 19363 Lisa Marie Ct. and 13573 Ronnie Way, neither of whom objected to the gaZebo; residents at 19313 Lisa Marie Ct. also did not object Landscaping had been added; site already had mature trees which would screen the gazebo - A 10 ft. limitation on the gazebo height would result in a flaRened and unattractive roof pitch; the existing 12.5 ft. height was designed to be compatible with the house MOYLESfi-ILAVA MOVED TO CLOSE THE PUBLIC HEARING AT 8:15 P.M. Passed 5-0 Councilmember Clevenger noted that the gazebo was a hexagon shape--only a small portion of which encroached into the side yard setback; requiring removal of a portion would destroy the appearance of the entire structure. The gazebo did not seem to impact anyone. Councilmember Anderson had aldo made a site visit; requiring the gazebo to be moved would · disrupt the landscaping plan which centered around this structure. Since neighbors had no objections, neither did she. Councilmember Moyles felt that the Planning Commission's determination' to deny the Use Permit was correct; furthermore, the necessary Findings could not be made. If the Council wished, the Application could be remanded back to the Commission for further review. Councilmember Hlava had difficulty in justifying the Applicant's request; development on the half acre lot was placed in one comer; current neighbors may move away. Whether neighbors objected or not was not the point; the necessary Findings could not be made. Mayor Peterson stated that the setback encroachment would not significandy impact neighbors; however, required Findings could not be made and precedent could be set granting this request Councilmember Clevenger suggested that this Item be ConCnued to a Study Session to allow further consideration. CLEVENGER/ANDERSON MOVED TO CONTINUE UP-87-020 TO THE STUDY SESSION ON APRIL 12, 1988. Passed 5-0. MEETING OF THE CITY COUNCIL Page 4 'APRIL 6, 1988 PUBLIC HEARINGS Continued B. Consideration of proposed tentative cancellation Of a Williamson Act Contract, .for two parcels consisting of a total of 21.5 acres undeveloped land generally located at 2263 i ;" Mt. Eden Rd. (APN 503-12-024 [partial] and 503-12-025) (Applicant, A. Cocciardi) Planning Director Hsia presented the Memorandum to the City Council of March 31, 1988. The City Attorney commented as follows: Noted the coincidental natare of this Application to the recent cancellation of a Williamson Act Contract on another property The construction on the Quarry Creek Repair Project determined the CounCil hearing date Reviewed the history of this property and the 1986 "Stipulation for Settlement Agreement" Discussed the cost and extent of the Quarry Creek Repair Project Basis for a Finding of Public Interest was the involvement of this property in the Quarry Creek Project which repaired a serious geological and safety hazard The Public Hearing was opened at 8:45 P.M. Mr. Jeff Schwartz; Saratoga, commented as follows: Requested information; the City. Attorney provided information as requested · Understood that the Finding of a Public Benefit could not be a prior event Difficulty seeing removal of 20 acres from the rather limited open space as a public benefit Ms. Linda' Parsley, 21990 Via Regina, Saratoga, read' into the record the letter of Clark and Karen Davies, 21820 Via Regina, opposing cancellation of the Williamson Act Contract. Mr WiLtera Kohier, President Herce Canyon Homeowners Association and Via Regina Road Association, presented slides of the area and commented as follows: General Plan stated that cancellation of Williamson Act Lands shall be discouraged Cited the history of the Coccaradi property; work done on Quarry Rd. was necessary for the proposed subdivision and development of this property '- Quarry Creek area had been denuded of trees and the Creek replaced by a ~oncrete pipe An Environmental Impact Report of the Creek area had not been done; he requested an EIR City should side with citizen's interests, not developers, in opposing wanton development · Dr. Stutzman, Park Dr., Saratoga, commented as follows: Cancellation of the Williamson Act Contract was conlraxy to the General Plan Requested an explanation of how the "Stipulation for Set~ement Agreement" which cir- eumvented General Plan stipulations, was reached without public hearing - Lot sales on this site were being negotiated before subdivision approval had been granted Was disturbed at the destruction in the Quarry Creek area-over 100 trees had been removed; such would subject. the area to erosion excessive siltation and flooding Mr. Bill Peretti, 13485 Old Oak Way, Saratoga, commented as follows: - Noted the traffic, noise and dust impacts to his property of operations in the area - - A complete set of plans, showing the work being done, did not seem to exist Cited an inability to enforce reasonable hours of operation Objected to further work until the current project was completed and site restored Ms. Diana Parham, Saratoga Residents Association, expressed the dismay of the Board 6f Directors at the action under consideration--not only the cancellation of a Williamson Act Con- tract but also the agreement made between the City Council and Mr. CocczLeaadi and associates; such violated the legal procedures for cancelling a Williamson Act Contract. Mr. William Brooks, 20230 Merick Dr, Saratoga, questioned terms of the Agreement reached. The City Attorney responded that the "Stipulation for Settlement" Agreement had no provisions eliminating the requirement for a public hearing; noticing was in excess of that required by State Law. Council was required to make the Findings in order to cancel the Conwatt. Mr. Brooks urged the Council to consider the iSSue of public benefit in cancelling the William- son Act Contract; the proposed subdivision was not a public benefit MEETING OF THE CITY COUNCIL Page APRIL 6; 1988 PUBLIC HEARINGS Continued Ms. Dora GYen~ 13451 Old Oak Way, Saratoga, commented as follows: Questioned the public benefit of filling in Calabazas Creek; action resulted from lawsuits being filed against the City, the developer and adjacent property owners Questioned the following regarding the "Stipulation for Settlement" Agreement ~ Why did this Agreement not include reference to the Quarry Creek project ~ Was the proposed Site of the cancellation Barrow Hill ~ Noted discrepancy in the number of lots proposed ~ Sales advertisements from Gmbb and Ellis showed a future, as yet unapproved, road Questioned why the City was so anxious to settle the lawsuits; examples cited Mr. George Tobin, Attorney for the Coccaradi's, commented as follows: Reviewed the history of the Chadwick Place/Mr. Eden Estates properties Reviewed settlement agreements reached with adjacent subdivision/property owners Application was fred under specific provision of the Williamson Act which acknowledged an acceptable altemative use; namely, residential use with an open space overlay Property, acquired in the late 40's or early 50's, was never in productive agricultural use - Almost all of the agricultural use in Saratoga had been replaced by a demand for housing Property did not conform with requirements for placing land in a Williamson Act Contract Summarized the costs of the Quarry Creek Repair Project to the Applicant, the substantial benefit derived by the community and the problems experienced from the open creek Mr. Vince Carred, Adjacent Property Owner, commemed as follows: Property was purchased before any of those opposing the cancellation lived in the area The proposed 4 houses for this 20 acre parcel left 70% of the land in open space This site provided the fill for Quarry Canyon, relieving the City of possible liability for 11. houses thought to be subject to slides and decreased erosion in Quarry Canyon Proposed project would bring in water/sewer capacity to other homeowners in the area Contract would terminate in nine years; the 1972 Contract exceeded the original agreement ANDERSON/MOYLES MOVED TO CLOSE PUBLIC HEARING AT 9:45 P.M. Passed 5-0. Councilmember Clevenger noted the heavy rains of four years ago and recalled residents who had to vacate their homes. She cited the efforts of the Council to protect these homes and the substantial cost of stabilizing the Creek. While unfavorable to cancellation of Williamson Act Contracts, such did not seem too high a price to pay to save the homes threatened. Councilmember Moyles concurred and summarized his policy in litigation settlements: Honor public commitment made to end Measure Alifiga~on in terms favorable to the City; the hillside zoning, prompting Mr. Cocct,~di and others to sue the City, was bad law Strict regulation of hillside growth; the settlement agreement accomplished this Public health and safety; neither loss of life nor serious property damage occtwred through the protracted litigation entaileit in reaching this agreement · Homeowners participated in the agreement; such did not cost Saratogans a single penny, while gaining public improvements estimated to cost up to a million dollars. One could only conclude that the agreement reached was to the City's benefit. Finally, he challenged the -' notion that the Quany Creek Repair Project was an environmental problem; the current state of the site was the cure for past hazards, not the cause of a present environmental hazard. Staff Report adequately addressed the question of Public Interest. Councilmember Anderson cited storms which occurred in Southern California and compared the Quarry Creek Repair Project to this event; repairs would be less visible as lime passed. The Council had negotiated the best possible agreement in order to save the homes involved and not impact Saratoga residents; a Finding of Public Interest could be made in this instance. Such would not set precedence since there were no other similar situations. The development proposed would visually appear as open space since only four homes were to be placed on the site; furthermore, consideration could be given to requiring that the natural environment be protected and not removed in favor of landscaping.. Mayor Peterson felt that the Stipulation for Settlement Agreement reached was an excellent solution, incorporating the efforts of insurance companies, property owners and the City to come up with a viable solution. A Finding of Public Interest Could be made; the acreage was not and had never been prime agricultural use nor was the site within a scenic corridor. MEETING OF THE CFFY COUNCIL Page APRIL6, 1988 PUBLIC HEARINGS Continued Councilmember Hlava concurred with Councilmember Clevenger on health/safety issues in- volved; the Quarry Creek Repair Project was a public benefit. She commended those who negotiated the agreement; however, consideration should be given to adjacent home owners during'the repair. She disputed statements which cited the lack of open space in Saratoga; Wil/iam~n Act Contracts with a ten year life, were among the least pennanent open spaces. The Council had been and continued to be very supportive of open space; hillside open space easements were cited. Cancellation of this Williamson Act Contract, resulting in a major benefit to the Cityas well as to citizens immeAiately surrounding the site, could notbe viewed as the City's abandonment of a commitment to open space. 'MOYLES,a--ILAVA MOVED TO DIRECT THE CITY ATFORNEY TO PREPARE THE ~,._~NECESSARY RESOLUTION APPROVING TENTATIVE CANCELLATION. Passed 5-0. MOYLES/HLAVA MOVED TO APPROVE THE NEGATIVE DECLARATION. Passed 5d0. Break: 10:05-10:25 P.M. Mayor Peterson returned to New Business. 7. NEW BUSINESS F. Resolutions 2473, 2473.1 and 2473.2 initiating Proceedings to Create Parking DiStrict No, 3 ~ Oral Report The City Manager reviewed Memorandum of proceedings to .be considered by the City Council in connection with the Village Parking District No. 3 and the current status of the project. Mrs. Warden, Owner, Mobil Station, stated that she had not received notice of this hearing. Ms. Gall Schneider addressed questions regarding the proposed Parking District 3. CLEVENGER/HLAVA MOVED APPROVAL OF RESOLUTION 2473 APPROVING AGREEMENT FOR ENGINEERING SERVICES. Passed 5-0. HLAVA/MOYLES MOVED APPROVAL OF RESOLUTION 2473.1 APPROVINO AGREE- MENT FOR LEGAL SERVICES. PasSed 5-0. MOYLES/CLEVENGER MOVED APPROVAL OF RESOLUTION 2473.20F INTENTION TO ORDER IMPROVEMENT IN VILLAGE PARKING DISTRICT NO. 3. Passed 5-0. A. Report on Upcoming Hearings - Massage Permits, Village Specific Plan; Modification of Zoning Standards;Indemnification of the City and Liability insurance; Miscellaneous Zoning Ordinance Changes Consensus reached that Staff Recommendation on Noticing of Upcoming Hearings, with the exception of the second item was acceptable; the Hearing for the Village Specific Plan will also be noticed to property owners within a 500 ft. radius and tenants in the Viiiage. B. Addition of temporary position for summer sports program HLAVMCLEVENGER MOVED TO APPROVE THE ADDITION OF AN 8-10 HOUR PER WEEK PART-TIME TEMPORARY SPORTS LEAGUE SPECIALIST FOR THE SUMIVLER 1988 SOFTBALL LEAGUE PROGRAM. Passed 5--0. C. Authorize advertising for Request for Proposals, Consulting Design Engineering Services for Quito Road Bridge Replacements Project CLEVENGER/PETERSON MOVED TO AUTHORIZE PROCEEDING WITH THE SOLICITATION AND ADVERTISING FOR REQUEST FOR PROPOSALS FOR "CONSULTING DESIGN ENGINEERING SERVICES FOR REPLACEMENT OF TWO QUITO ROAD BRIDGES.~' Passed 5-0. MEETING OF THE CITY COUNCIL Page 7 APRIL 6, 1988 NEW BUSINESS Continued D. Acceptance of Resignation of Harold Clay from Planning Commission and Authorization to Advertise Vacancy Mayor Peterson asked that recent applicants for the Public Safety Commission be considered; 'Councilmember Hlava asked that applicants for the recent Planning Commission vacancy also be considered. E. Award of contract for Consultant Services for Two Saratoga-Sunnyvale Rd. Median Projects HLAVA/ANDERSON MOVED TO AUTHORIZE AWARD OF CONSULTANT CONTRACT FOR DESIGN OF LANDSCAPE MEDIAN ON SARATOGA-SUNNYVALE 'ROAD, VILLAGE TO VERDE VISTA AND MEDIAN PLUS FRONTAGE ON SARATOGA-SUNNYVALE ROAD, SEAGULL TO PROSPECT TO THE FIRM OF WILSEY AND HAM IN THE AMOUT OF APPROXIMATELY $110,800. Passed 5-0. 6. OLD BUSINESS ' A. Ordinance amending Procedures for Modification of Approved Building Plans and Development Conditions (first reading) (Continued from March 16, 1988) HLAVA/CLEVENGER MOVED TO INTRODUCE AN ORDINANCE AMENDING SECTION 16-05.030 OF THE CITY CODE, RELATING TO PERMITS AND ADDING SECTION 16.05.035 RELATING TO MODIFICATIONS OF BUILDING PLANS AND DEVELOPMENT CONDITIONS, WAIVING FURTHER READING. Passed 5-0. B. Ordinance 71.37 regulating skateboards in parks and designating violation of park regulations as infraction offenses ( second reading and adoption) CLEVENGER/ANDERSON MOVED ADOPTION OF ORDINANCE 71.37 AMENDING SECTION 11-05.030 OF THE CITY CODE TO PROHIBIT USE OF SKATEBOARDS IN CERTAIN AREAS OF PUBLIC PARKS, AND AMENDING SECTION 11-05.070 OF THE CITY CODE TO DESIGNATE VIOLATIONS OF PARK REGULATIONS AS, ~ INFRACTION OFFENSES. Passed 4-1, Councilmember Hlava dissenting. Mayor Peterson returned to Public Hearings: C. Ordinance amending Article 15-30 of the Zoning Ordinance to authorize summary removal of illegal signs constituting an immediate threat to the public safety (AZO 88-004) (first reading)' · The City Attorney reviewed the Memorandum of February 29, 1988. The Public Hearing was opened at I 1:10 P.M. There were no speakers. : HLAVMANDERSON MOVED TO CLOSE PUBLIC HEARING AT 11: 1i P.M. Passed 5-0. ' ':" ......... HLAVA/MOYLES MOVED TO INTRODUCE AN ORDINANCE AMENDING SECTION .... 15-30.160 AND ADDING SECTION 15-30.200 PERTAINING TO VIOLATIONS OF SIGN REGULATIONS AND REMOVAL OF ILLEGAL SIGNS ON PUBLIC PROPERTY WAVING FURTHER READING. Passed 5-0. MOYLES/HLAVA MOVED TO GRANT A NEGATIVE DECLARATION. Passed 5-0. D. Ordinance amending Sections 14-80.020, 14-80.040 and 14-80.050 of the City Code relating to vesting Tentative Maps (furst reading) The City Attorney reviewed the Report of March 16, 1988. The Public Hearing was opened at 11:15 P.M. There were no speakers. HLAVA/PETERSON MOVED TO CLOSE PUBLIC HEARING AT 11:16 P.M. Passed 5-0, MEETING OF THE CITY COUNCIL Page APRIL 6, ~988 PUBLIC HEARINGS Continued HLAVA/ANDERSON MOVED TO INTRODUCE' AN ORDINANCE. AMENDING SECTIONS 14-80.020, 14-80.040 AND 14-80.050 RELATING TO VESTING TENTATIVE MAPS, WAIVING FURTHER READING. Passed 5-0. 9. CITY COUNCIL ITEMS: A. Reports from Individual Councilmembers CounCilmember Clevenger reported on a possible lind exchange between a private property owner and Hakone Gardens; the City Manager will further investigate. She received a report that the Nelson Gardens property was being 16ft unattended Questioned the impacts of the Quarry Creek Repair Project on adjacent property owners Questioned whether the trail easements were being provided for in the new subdivisions Councilmember Moyles reported on a recent Traffic Authority Meeting Councilmember Anderson asked that a denial of the International Coffee Shop's request for expanded use be reviewed; she noted the desire of the Village to increase business She reported on a recent Transportation Commission Meeting ADJOURNMENT: The meeting of the City Council was adjourned at 11:55 P.M. Respectfully submitted, Carol A. Probst-Caughey Recording Secretary'