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HomeMy WebLinkAbout08-17-1988 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, August 17, 1988 PLACE: Civic Theater, 13777 Fruitvale Avenue, Saratoga CA TYPE: Regular Meeting 1. ROLL CALL: Mayor Anderson, Councilmembers Clevenger, Peterson, Stutzman present at 7:35 P.M. Councilmember Moyles present at 7:37 P.M. 2. CEREMONIAL ITEMS: None. 3. ROUTINE MATTERS A. Approval of Minutes: CLEVENGER/STUTZMAN MOVED APPROVAL OF MINUTES OF AUGUST 3, 1988, AS PRESENTED. Passed 4-0, Councilmember Moyles absent. CLEVENGER/PETERSON MOVED APPROVAL OF MINUTES OF AUGUST 9, 1988, AS PRESENTED. Passed 4-0, Councilmember Moyles absent. B. Approval of Warrant List: CLEVENGER/PETERSON MOVED APPROVAL OF THE WARRANT LIST. Passed 4-0, Councilmember Moyles absent. C. Report of City Clerk on Posting of Agenda Pursuant to Government Code 54954.2, agenda for this meeting was properly posted on August 11, 1988. 4. CONSENT CALENDAR: A. Planning Commission Actions, August 10, 1988, - Noted and fried. B. Heritage Preservation Commission Minutes, July 20, 1988, - NOted and filed. C. Construction Acceptance for Tract 7928 and Release of Cash Bond D. Award of Contract for Slurry Seal II, Cape Seal and Chip Seal on Various City Streets E. Endorsement of COASTWEEKS California Coastal Clean Up, September 17-October 10, 1988 F. Authorization for Associate Planner's Attendance at Annual State Planning Conference, Palm Springs, October 23-26, 1988, with reasonable and necessary expenses. PETERSON/CLEVENGER MOVED APPROVAL OF CONSENT CALENDAR. Passed 5~0. 5.COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC: A. Oral Communications from the Public and Commissions Ms. Cheriel Jensen stated she submitted language for a ballot initiative and notified the Council that she had not received a favorable response for a summary analysis. Ms. Nancy McCarrigan, 20599 Canyon View Dr., Saratoga, requested information on a hearing to be held Monday, August 22, 1988, on the Saratoga-Sunnyvale Rd. median. The City Manager responded that the above hearing was not a formal public hearing requiring notification; the letter was sent to communicate to residents most impacted by planning of the - medians in question and to notify them of the s~ssion scheduled to discuss this item. Mr. Russ Crowther asked to address the Noise Element of the General Plan; Speaker to be permitted to address this item under Old Business. MEETING OF THE CITY COUNCIL Page 9 AUGUST 17, 1988 COMMUNICATIONS FROM THE COMMISSIONS AND THE PUBLIC Continued B. Written Communications from the Public 1) Letter from Monte Boisen, 13896 Lynde Ave., with suggestions concerning Highway 85. The City Manager was directed to respond to Mr. Boisen by written con'espondence. 2) Letter from Ronald Stein, 5345 N. E1 Dorado, Suite 7, Stockton, 95207, conceming Freeway Agreement The CityAttorney was directed to advise the Council regarding an appropriate course of action. 3) Letter from Ken Colson objecting to apparent lack of designated horse trails in Mr. EderuTeefiink Roads area. The City Engineer was directed to respond to Mr. Colson by written Correspondence. 4) Fee Increase for County Solid Waste Management Program City Manager reviewed the Solid Waste Management Program proposed fee increase and the County/City Managers' Association recommendation for a sunset clause. CLEVENGER/MOYLES MOVED TO RECOMMEND THEFEE 'AS - REQUESTED--; '? WITH A SUNSET CLAUSE. Passed 5-0. (Resolution '2505 ) 5) Insurance Initiatives - November The City Manager reviewed the Report on the Insurance Initiatives - November Ballot. Councilmember Moyles added that Propositions 101, 104 had adverse impacts on municipalities throughout the state. Councilmember Clevenger felt that Proposition 100 would serve the City of Saratoga. Mayor Anderson strongly favored withdrawing support on Propositions 101 and 104. Councilmember Smtzman abstained from voting; he was not sufficiendy familiar with the issue PETERSON/CLEVENGER MOVED TO SUPPORT PROPOSITION 100, WITHHOLDING SUPPORT ON PROPOSITIONS 101 AND 104. Passed 4-0-1, Councilmember Smtzman abstaining. 8. PUBLIC HEARINGS A. Prezoning to NHR and Annexation of two adjacent lots developed with single family homes at 21350 and 21290 Blue Hills Rd. The parcels total 2.7 acres and are located about 600 feet west of Prospect Rd., and their General Plan designation is Residential, Hillside Conservation. (Applicants, Nelson/Chambe~ain) (A-87-003; ZC-87-005) Planner Caldwell reviewed the Memorandum of August 17, 1988. The Public Hearing was oliened at 8:12 P.M. There were no speakers. PETERSON/CLEVENGER MOVED TO CLOSE PUBLIC HEARINGS AT 8:13 P.M. Passed 5-0. MOYLES/CLEVENGERMOVEDAPPROVALOFRESOLUTION..2506 APPROVING AND ORDERING ANNEXATION TO THE CITY OF CERTAIN UNINCORPORATED TERRITORY COMMONLY KNOWN AS BLUE HILLS ROAD. Passed 5-0. MOYLES/PETERSON MOVED TO INTRODUCE ORDINANCE ZC-87-005 PREZONING CERTAIN TERRITORY OF THE CITY AND AMENDING THE ZONING MAP, APN 366- 06-26, 366-06-04. Passed 5-0. B. Air Quality Section of the Conservation Element of the General Plan Planner Young reviewed the Memorandum of August 9, 1988. MEETING OF THE CITY COUNCIL Page AUGUST 17, 1988 PUBLIC HEARINGS Continued The Public Hearing was opened at 8:17 P.M. Ms. Cheriel Jensen, Quito Rd., Saratoga, commented as follows: Previously asked the Planning Commission to delete the prejudicial statement that air quality would be improved if West Valley Freeway were built Contended that the data used to prepare the Environmental Impact Statement was incorrect in that an assumption was made that Coyote Valley would be developed whether or not the fleeway were built; such was not the case In April 1988, the Bay Air Quality Management District released new figures on ozone and carbon monoxide--figures that were much higher than those previously released Thus air quality projections released were false; impacts cited Noted the proximity of eight grade schools to the freeway pollutants - Noted the significant increase in traffic in the City Mr. Russ Crowther, Norada Ct., Saratoga, concurred with the above comments and added: Even if Coyote Valley were not developed, there would be a tremendous increase in traffic Cited a newspaper article rifled, "Ifs going to be bumper to bumper" Traffic will exit in Saratoga; residents will not be able to access the fleeway due to gridlock 85 intersected some streets, concenwating traffic on boulevards and increasing pollution Asked that the General Plan be an action plan directed at resolving these problems Suggested consideration of undergrounding the freeway PETERSON/CLEVENGER MOVED TO CLOSE PUBLIC HEARINGS AT 8:22 P.M. Passed 5-0. Councilmember Stutzman commented as foilowed: West Valley Freeway: First Paragraph: delete all but the first sentence; paragraph contained inaccurate data; he saw no reason to include such. Document was not mandated and therefore should be as specific as possible and in conformity with standards desirable for the City Second Paragraph: delete all but the fLrst and last sentence Third Paragraph: delete final two sentences as they served no useful purpose Sensitive Receptors: delete f'mai two sentences; such was unnecessary GOals, Policies and Implementation Measures: CO.8.2: (Policy): questioned which agencies were included and whether statement was essential (Imp): questioned wording "shall maintain and provide..." Staff costs were noted; a mandatory statement opened the doors to outside groups. He questioned the policy goal and asked that this Section be deleted Councilmember Clevenger also was concerned regarding reference in Sensitive Recentors to the Paul Masson Winery. She concurred with the above comments; these references were speculative in a factual report and could create a policy obstacle to project completion. Councilmember Peterson favored the reference to the Winery in the light of the proposed development for seniors. Mayor Anderson concurred that developers would have to provide mitigations; it would be a mistake not to designate this site as a sensitive receptor. Councilmember Moyles suggested qualifying the statement in CO.8.2 (Imp) requiring that data be provided to Bay Area Air Quality Management and other agencies if the Council so desired; however, it was prudent that Staff maintain data to be used in future policy decisions. Councilmember Clevenger favored sharing the data gathered with other agencies. Councilmember Peterson noted that air quality was the classic regional concern; to delete this section would be to destroy the purpose of mandating air quality standards. Consensus reached that statement read, "The City should maintain and provide..." Councilmember Clevenger reiterated concern that statements in Sensitive Receptors not jeopar- dize the proposed Paul Masson Winery senior complex and favored removal of the statement. Councilmember Stutzman saw no purpose in specifically referencing the proposed complex at the Winery; proximity to the freeway would determine the amount of adverse impacts. Councilmember Moyles felt that Goals, Policies and Implementation Measures. CO.8.1 (Imp) addressed the question of appropriate mitigation measures for the Winery development--a project that some were highly supportive of. MEETING OF THE CITY COUNCIL Page 4 AUGUST 17, 1988 PUBLIC HEARINGS Continued Consensus reached to delete the f'mal two sentences in Sensitive Receptors. Councilmember Moyles commented as follows: Review of Federal Environmental Impact Statement (FEIS) studies on air quality had been accurate, thorough and endorsed by appropriate governmental agencies Allegations of incomplete facts and/or inaccurate data without substantive support could not be seriously considered; it was incumbent to back up any allegations made Staff reports and Planning Commission's endorsement were not at odds with the studies Cautioned against ignoring the factual basis for policies recommended by the Element Deletion of text from the document obscured the rational for the policies; if such could not be defended, how could one vote for the policies themselves If the rationale could not be embraced, how could policies and the implementation plan be 'incorporated into the General Plan; such clarified thought and justified conclusions reached Objected .to deletion of text not corresponding to pre-conceived notions of the world Valid evidence had not been presented to disprove the document under consideration Asked that text suggested for deletion, be included in the appmved document Councilmember Clevenger favored deletion of text in West Valley Fre~way since traffic would be greatly increased; Mayor Anderson added that the FEIS addressed regional air quality. Councilmember Moyles responded that the FEIS was a valid for Saratoga as for any other city in the County; a city's General Plan Element could not change the reality of air quality. Councilmember Stutzman commented as follows: The FEIS was not infallible The regional aspect of air quality was valid with respect to ozone; however, carbon mon- oxide was not a regional problem--a point specifically made in the report Levels of carbon monoxide rose locally according to the vehicles u'ansiting a particular area Mistakes had been made; cited examples of the belief that the world was flat and a recent acknowledgment by the federal government that levels of lead previously believed to be safe were 15-20 higher than now considered safe The number of cars transiting Hwy. 101,280, 85 was significantly higher than predicted While statistics may have been valid, these studies may not be valid in the future Strongly objected to the statement in West Valley Freeway that air quality would improve Discussion on tile General Plan Air Quality Element as follows: West Valley Freeway: -. First Paragraph: delete all but the first sentence. Councilmember Moyles dissenting. Second Paragraph: delete all but the first and final sentence; final sentence amended. Councilmember Moyles dissented, stating that text to be deleted was merely a factual recital of information; deletion of such only obscured purpose from the public. Mayor Anderson felt the FEIS was a regional analysis whereas the Element addressed Saratoga's air quality; she questioned whether the freeway would improve air quality. Councilmember Moyles responded that the amended text was myopic in that such focused only on freeway air quality, ignoring the fact that absence of a freeway also had environmental impacts; the amended text did not address concerns of citizens who believed the latter. He favored deletion of the entire second paragraph as a more logical statement. Consensus reached to delete entire second paragraph. Third Paragraph: Councilmember Clevenger favored deletion of any reference to the November ballot measure; Councilmember Peterson favored retaining the reference to ongoing environmental studies. The City Manager suggested wording for the final sentence to read, "Ongoing negotiations between Calms, the Traffic Authority and cities along the corridor may result in other design alternatives that were not specifically evaluated in the FEIR; supplemental environmental studies will continue to be made." CLEVENGER/MOYLES MOVED TO GRANT A NEGATIVE DECLARATION. Passed 5-0. CLEVENGER/PETERSON MOVED TO ADOPT RESOLUTION 250~;ADOPTING THE AIR QUALITY SECTION OF THE CONSERVATION ELEMENT OF THE GENERAL PLAN (GPA-88-004) AS AMENDED. Passed '5-0. MEETING OF THE CITY COUNCIL Page 5 AUGUST 17, 1988 PUBLIC HEARINGS Continued C. Underground Utility District on Big Basin Way/Congress Springs Road between 5th St. and Hakone Gardens The City Engineer reviewed the Report on undergrounding Utility District No. 6. The City Attorney asked that reference to Ordinance 38.20 be amended to read, Article 16-70. Representatives from P.G.& E. were available for information. The Public Hearing was opened at 9:19 P.M. There were no speakers. MOYLES/PETERSON MOVED TO CLOSE PUBLIC HEARINGS AT 9:19 P.M. Passed 5-0 PETERSON/MOYLES MOVED TO ADOPT RESOLUTION ~9.9~8 ESTABLISHING UNDERGROUND DISTRICT NO. 6. Passed 5-0. D. Ordinance designating House at 15231 Quito Road as Heritage Resource (first reading) Planner Young reviewed the Memorandum of August 17, 1988. The Public Hearing was opened at 9:22 P.M. Mr. Gene Zambetti thanked Saratoga and County agencies that aided in this project;he asked that the Meeting be adjourned in honor of Ms. Meagher and Ms. Smiley. PETERSON/MOYLES MOVED TO CLOSE PUBLIC HEARINGS AT 9:24 P.M. Passed 5-0 PETERSON/CLEVENGER MOVED TO INTRODUCE ORDINANCE HP-14 DESIGNAT- ING PROPERTY KNOWN AS THE MEAGHER-SMILEY HOUSE AND CASA TIERRA AT 15231 QUITO ROAD (APN 397-007-20) AS A HERITAGE RESOURCE. Passed 5~0. E. Ordinance Relating to Modification of Zoning Standards through Subdivision Approval (fn'st reading) The City Attorney reviewed the Report on the Modification of Zon'mg Standards. The City Manager recommended a continuance to restore sections previously removed. The Public Hearing was opened at 9:32 P.M. Mr. Russ Crowther, Norada Ct., Saratoga, questioned why provisions could not permit more restrictive conditions when justified, without necessarily granting a variance. The City Manager responded that there was nothing that precluded the Planning Commission from being more restrictive than standards allowed; the issue in question was that under the. current Ordinance, the Commission could waive standards without making Variance Findings. CLEVENGER/PETERSON MOVED TO CLOSE PUBLIC HEARINGS AT 9:35 P.M. Passed 5-0. PETERSON/CLEVENGER MOVED TO CONTINUE THE ORDINANCE RELATING TO EXCEPTIONS FROM DESIGN REQUIREMENTS OF THE SUBDIVISION ORDINANCE TO SEPTEMBER 7, 1988, DIRECTING THE CITY ATTORNEY TO BRING BACK THE ORIGINAL DRAFT AND STAFF TO SET REVISED ORDINANCE HEARING. Passed 5-0 6. OLD BUSINESS A. Noise Element of the General Plan Planner Young reviewed the Memorandum of August 12, 1988. The City Manager, responding to concerns raised by Mayor Anderson, recommended that under Acoustical Standards. final sentence read, "A noise level at the property line of 75 dBA (or other number to be set) is the maximum which shotrid be tolerated for construction projects authorized by permits." The requirement of 83 dBA at a 25 ft. distance would remain in effect. Mr. Richard Arjo, Community Planning Consultants, clarified text in Acoustical Standards. MEETING OF THE CITY COUNCIL Page AUGUST 17, 1988 OLD BUSINESS Continued Mr. Russ Crowthor, Norada Ct., Saratoga, reviewed his letter of August 16, 1988. MOYLES/PETERSON MOVED TO GRANT A NEGATIVE DECLARATION. Passed 5-0. Councilmember Clevenger asked that Figure 2, reflect a 55 dBA Residential Outdoor Standard. MOYLES/PETERSON MOVED APPROVAL OF RESOLUTION 2507 ADOPTING THE NOISE ELEMENT OF THE GENERAL PLAN. Passed 5-0. B. Village Design Task Force CLEVENGERfMOYLES MOVED TO ACCEPT THE NAMES OFFERED FOR APPOINT- MENT TO THE VILLAGE DESIGN TASK FORCE AND DIRECTED STAFF TO BEGIN WORK WITH THE TASK FORCE. Passed 5-0. 7. NEW BUSINESS A. Annexation Request to West Valley Sanitation Dis~ct-Biondolillo-19560 Redberry Dr. MOYLES/PETERSON MOVED STAFF RECOMMENDATION, AGREEING TO ALLOW ANNEXATION TO THE WEST VALLEY SANITATION DISTRICT WITHOUT HAVING TO ANNEX TO THE CITY OF SARATOGA AS WELL. Passed 5-0. B. Appeal of Planning Commission Reversal of Planning Director's decision to allow fencing of approximately 2.9 acres of property located in the NFIR zone per section 15-29.020 (c) of the City Code at 19288 Bainter Ave. (Appellant/appLicant, G. Hwang) Appeal withdrawn by the Appellant/appLicant; Item removed from the Agenda. C. Publicity for Upcoming Hearings - Sun Appeal Consensus to accept Staff Recommendation with noticing to adjacent Homeowners Association 9. CITY COUNCIL_ITEMS: A. Reports from Individual Councilmembers Councilmember Moyles reported on the recent Traffic Authority Meeting. Councilmember Clevenger reported on HCD. B. Designation of Voting Delegate for League of CaLifornia Cities Annual Conference Mayor Anderson designated as Voting Delegate for the League of Califomka Cifies. C. Appointment of Council Representative to Emergency Preparedness Council Councilmember Stutzman appointed Representative to Emergency Prep.aredness Council. D. Change Date of Joint Meeting with Parks and Recreation Commission from November 8 to November 22. Consensus to reschedule Joint Meeting to November 22, 1988. The meeting of the City Council was adjourned in honor of Ms. Meagher and Ms. Smi.'ley at 10:28 P.M. to Closed Session on Property Sale Negotiations - Cox and Saratoga-Sunnyvale Rd. and then to August 22, 1988, at 8:00 P.M. Carol A. Probst-C~u~ey Recording Secretary