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HomeMy WebLinkAbout02-15-1989 City Council Minutes MINUTES SARATOGA CITY COUNCIL DATE: Wednesday, February 15, 1989 - 7:30 P.M. PLACE: Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting 1. Roll Call: Mayor Anderson, Councilmembers Clevenger, Moyles, Peterson, Stutzman present at 7:39 P.M. 2. CEREMONIAL ITEMS: A. Resolution 2546 for Donald Miller as1988 Citizen of the Year B. CertificatesofAppreciationforThreeYoungCitizensofSaratoga Mayor Anderson presented the Certificates to Jason Van Over, Jim Van Over and John Kenny. C. Proclamation for AAUW Week in Saratoga Mayor Anderson presented the Proclamation for AAUW Week to Ms. Phyllis Willliams. D. Proclamation Designating National Community Development Week 3. ROUTINE MATTERS: A. Approval of Minutes: Meetings of February 1, 1989, and February 7, 1989 MOYLES/PETERSON MOVED APPROVAL OF MINUTES OF FEBRUARY 1, 1989. Passed 5-0 CLEVENGER/PETERSON MOVED APPROVAL OF MINUTES OF FEBRUARY 7, 1989. Passed 5-0. B. Approval of Warrant List: PETERSON/MOYLES 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 February 10, 1989. D. Acceptance of Resignation of Robert Weiss from Finance AdVisory Committee per his verbal instruction to the Mayor; instruct City Clerk to post vacancy notice for ten days as required by State law. The City Manager stated he had received written Confirmation of Mr. Weiss' resignation. The Council instructed the City Clerk to post the vacancy notice required. 4. CONSENT CALENDAR: A. Planning Commission hCtiu:u~, B. Heritage Preservation Commission Minutes, January !8, 1989, - Noted and filed: C. Youth Commission Minutes, January 3, 19S9, January 10, 1989 and January 17, 1989, - Noted and filed. D. Parks and Recreation Commission Minutes, January 6, 1989, - Noted and filed. E. Authorization 'for Recreation Director's attendance at League of California Cities Community Services Conference, Monterey, April 12-14, 1989, with reasonable and necessary expenses. MEETING OF THE CITY COUNCIL Page 2 FEBRUARY 15, 1989 CONSENT CALENDAR Continued F. Authorization for Finance Director's attendance at annual Government Finance Officers Association Conference, June 4-7, 1989, Seattle, with reasonable and necessary expenses. G. Authorization for Community Services Director's attendance at National ASPA Conference in Miami, April 9-12, 1989, with reasonable and necessary expenses. H. Authorization for City Attomey's attendance at Annual Spring Meeting of League of California Cities Attomey's Department, March 8-10, 1989, Yosemite, with reasonable and necessary expenses. I. Approval in concept of 10K Montalvo Foot race, April 22, 1989, conditional on compliance with all requirements of Special Events Ordinance. J. Ord-'71-54amending City Code and adding Section concerning Residential Design Handbook (Second reading and adoption) K. Agreement with Santa Clara Valley Water District on Quito Road Bridges L. Final Map Approval, SD-88-017, Lomita Avenue (Developer, C. Pronger) Mayor Anderson requested removal of Consent Calendar Item C. PETERSON/MOYLES MOVED APPROVAL OF THE CONSENT CALENDAR WITH REMOVAL OF ITEM C. Passed 5-0. g~i~r ~ord. e~f~]anot~o~n!~Ox~.a~x~c~ent to Item C; Spring break would occur the first week in 5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC: A. Oral Communications from the Public and Commissions Mr. Willera Kohler, Via Regina, noted the recent sale of the Paul Masson Mountain Winery; he advised caution regarding the density of any development in this area due to the steep slopes on- site, if the property were annexed sometime in the future. B. Written Communications from the Public 1) Mrs. J. D. Kenner, 13831 Quito Rd., concerning safety on Ouito Rd. Councilmember Clevenger asked that this item be considered during budgeting sessions in addition to the recommended referral to the Public Safety Commission; letter to be ac'kaiowledged and filed. 2) Richard E. Floyd, Assemblyman, 53rd District, requesting support for AB 8 Consensus reached by the Council to support AB 8. 3) Terrence M. Towher, Los Gatos-Saratoga High School District, concerning Saratoga High School site and preservation of open space. Consensus reached to authorize sending the draft reply with an invitation being extended to Mr. Towher to participate in appropriate hearings. 6. OLD BUSINESS: None. ..7 ....NEW BUSINESS: -- ' A, Authorization for Publicity for Upcoming Hearings Consensus reached to accept Staff Recommendation for Publicity for Upcoming Hearings, B, Approval of plans and specifications for EI Quito Park improvcments and Authorization to Go to Bid Consensus reached to consider this Item after Public Hearings. MEETING OF THE CITY COUNCIL Page 3 FEBRUARY 15, 1989 NEW BUSINESS Continued C. Policy Development Conference-Agenda Consensus reached by the Council to strike Item 4 of the Policy Development Conference Agenda. Mayor Anderson proceeded to Public Hearings. 8. PUBLIC BEARINGS: A. Appeal of approval of subdivision of approximately 11 acres of undeveloped property at 13602 Pierce Rd. into three lots, each to be approximately 3.6 acres in size (Applicant, Bowie; appellant, Pierce Canyon Homeowners Assoc.) (SD-88-006) (Continued from January 4, 1989) Planning Director Eroslie reviewed the Report of February 15, 1989, and summarized discussions held by the Planning Commission at the Study Session held on this Item. The Public Hearing was opened at 8: ;L2 p Mr. Willera Kohler, Pierce Canyon Homeowners Association, commented as follows: Cited his concern regarding the Specific Plan which clearly stated that moving slide areas which were unrepairable such as existed on this site, should be left alone ffdanger existed for the proposed subdivision, then the site should not be developed; however, ira danger resulted for the existing homes on the cliff ,this was different The A pliedlion provided an opportunity to repair the slide to protect the existing off-site homes Cited ~taffReport, ~ which stated that "the slide was correctable independent from the adjacent property; and the slide would continue to erode to the detriment of nearby properties and structures." This statement was questionable; he asked that the geologist confirm this statement - Secondly, he wished to clarify how the slide could be repaired Changing the slide designation after the repair from a Md (Moving deep slide) to Ps (Potential deep slide) did not make a difference; it was still a dangerous situation Asked the Council to carefully consider the technical aspects and be sure the slide was stabilized - With respect to the footpath, it was very unfortunate the Council did not wish to consider this - Felt that a footpath would be a great improvement; failure to install such was due to laziness Mr. Steve de Keczer, 13415 Pierce Rd., Saratoga, presented a written statement Re: Saviano/ Bowie, Application SD-88-006, and reviewed discussions on this Item, held at the Study Session, Mr. Ralph Saviano, Applicant, commented as follows: - Reviewed the project history and noted the number of technical studies completed on the site - The City Geologist as well as Consulting Geologists recommended approval of the APPlication - Every question raised at the previous hearing had been answered as shown in the Minutes - In addition, he d/scussed with Councilmember Stutzman his concerns about flooding on-site; for the roperty to flood from Calabazas Creek, the water would have to come up Pierce Rd, - Pierce l~d. was at an elevation of 420; pad elevation implemented in the Tentative Map was 423 - In addition, this issue of potential flooding was discussed early in the Application process; the Tentative Map pad elevation was raised from 420 to 423 to address these concerns In response to Councilmember Clevenger's question, he confirmed that he intended to continue working with adjacent off-site property owners to consider a workable plan to protect these homes. Councilmember Stutzman cited the Report of Cosby and Associates, July 15th and November 15th, and Synder Associates; the Applicant was asked to address what a constituted a repair and its cost. Mr. Saviano responded that the slide would be stabilized, not t~F~,,,--i; alyzed every alternative and concluded that the site was suitable for development. In response to Mayor Anderson's question, he confirmed that the slide would always be designated Ps (Potential deep slide) regardless of whether the slide were repaired or stabilized. He confirmed that he was familiar with the work involved.in stabilizing the site, and understood the cost of such. PETERSON/MOYLES MOVED TO CLOSE THE PUBLIC HEARING AT 8:41 P.M. Passed 5-0 Councilmember Clevenger noted the analysis completed by the Planning Commission per the Council's direction; she was favorable to their recommendation regarding the proposed footpath, MEETING OF THE CITY COUNCIL Page 4 FEBRUARY 15, 1989 PUBLIC HEARINGS Continued The City Attorney noted in Staff Report, Density. he had advised the Commission that both ap- proaches (i.e., "...either approving two-lots, and affording the possibility to add a third lot after the repair, or by approving three lots and requiring the repair prior to recordation of the final map") were legally sound; however, he did not recall saying that both approaches were equally preferred. He had indicated to the Commission that as a practical matter, there would be a difference in the two approaches; if two-lots were approved with the third lot obtained only upon repair of the slide, there would be no assurance that the slide would in fact, be repaired or that the bridge would be improved through widening. As determined by the Commission, the bri~[ge improvement was in fact, very important to the saf6ty to the area; it was on this basis that the Commission decided that the three-lot subdivision ought to be granted. He concluded that it was the act of repairing the slide that created the classification which permitted a three-lot subdivision. The City Manager confirmed that the City's inspector would monitor the repair of the slide. Councilmember Clevenger stated she had been convinced to allow a three-lot subdivision in order to obtain a repair of the slide and the improvement widening the bridge. She agreed with concerns raised by Mr. Kohler and encouraged the Applicant to continue to work with adjacent property owners to protect the somewhat precarious off-site condition and facilitate the improvement of the slide area. She concurred with the Commission's recommendation that a reimbursement schedule for the bridge improvement based on direct and measurable benefit to future development be set up. While the footpath was a good idea, such had not been implemented at other locations on Pierce Rd. She commended the fine work of the Commission on this Application. Councilmember Peterson stated he echoed the above comments and would approve the request. Councilember Moyles agreed; he felt the review by the Planning Commission provided additional information. The question presented was a technical one of whether there was a buildable lot here; he was comfortable roceeding with this request. A conditional granting of a Tentative Map was an important element. ~3~ith respect to the question of density, he agreed with Mr. Kohler's comments on the density to be allowed if the Paul Masson Mountain Winery site were annexed; however, the difference here was that this area was closer in and was not a concern. Councilmember Stutzman continued to have reservations on this Application; he observed that this was a relatively steep area. He questioned whether the site could really be repaired; to do so would require work on the off-site, cliff area. The stabilization of the site was really applying a band aid to a major surgical wound. The City Geologist had the best observation in response to his question, when he confirmed that the City could not assume that repairing the slide would really solve the problem; Mr. Cotton had added that the upper cliff could slide down and cover the entire area. In the Councilmember's opinion, this was not a desirable lot to build on and he had serious reservations regarding other areas in the hills which he felt were not buildable. The City should address this issue; for this reason, if the site were to be developed, it should be monitored very closely; however, he would not approve this Application. Mayor Anderson noted the difficulty of the issue; she cited examples of slide areas in Southern California. Nonetheless, it was important to repair slide areas; she was hopeful that the proposed drainage system would solve the problem. She supported the Planning Commission's decision on this Item; she noted that a two-lot subdivison would have to be allowed with or without the repair. She preferred to allow a three-lot subdivision with an attempt to repair the slide. Councilmember Stutzman complimented the Planning Commission for their review of this Item; with the data presented and the manner in which it was presented, they made a reasonable decision. MOYLES/PETERSON MOVED TO DIRECT STAFF TO PREPARE A RESOLUTION IMPLE- ~: ?... . ~ .......MENTING THE PLANNING COMMISSION'S RECOMMENDATION FOR CONSIDERA- TION AT THE MARCH 1, 1989, MEETING OF THE CITY COUNCIL. Passed 4-i, Councilmember Stutzman dissenting. B. Rezoning of 14,100 sq. ft. of developed property at 12764 Saratoga Ave. from R-I- 10,000 to RM 3,000, General Plan PDR (Planned Development Residential) in order to construct 4 units similar to the adjacent development known as Saratoga Parkside (ZC-88- 002) (Applicant, J. Lohr) Planning Director Eroslie reviewed the Memorandum of February 15, 1989. The Public Hearing was opened at 8:59 EM. MEETING OF THE CITY COUNCIL Page 5 FEBRUARY 15, 1989 PUBLIC HEARINGS Continued Mr. J. Lohr, Applicant, noted the project facilities per Mayor Anderson's request; he reviewed the history of the Application and added that at least one resident per unit was 55 years of age or older. Mr. Ray SimpsOn, Saratoga Parkwoods Homeowners Association, stated that area residents were adamantly opposed to condominium developments as proposed. They felt Saratoga was being turned into a corridor for Route 85 and had concerns about safety and traffic impacts; a recent accident at Saratoga Ave. and Kosich Dr. was cited. A four-fold increase in density would create more traffic; this type of growth in the City of Saratoga needed to be stopped now. PETERSON/CLEVENGER MOVED TO CLOSE THE PUBLIC HEARING AT 9:07 EM. Passed 5-0. Councilmember Moyles felt the rational use of the site required project completion per the exi~tj-ncJ development on-site; at this location. it was useful to have four homes at a higher density since not everyone in the Saratoga wj. sh~i: . a single family detached house. He did not see-. a hj.~"x ~nsj_ty growth throughout the City and did not share the concern raised; it was his understanding that well in excess of 90% of the homes in Saratoga were single family detached units. As long as a 9:1 ratio existed, it could be argued that the City had steadfastly maintained the fundamental precept of all planning policies, namely, low density, single family, detached units. Land use policies that provided options for Saratoga residents served the community well. Councilmember Clevenger commented that a commitment to this project had already been made by the City; the Planning Commission recognized this conceptual approval. While there was question whether such a project would be approved if presented now, it would not be good planning to ter- minate a project already set in motion. Councilmember Stutzman felt a commitment had been made to this project. If presented to the Council now seated, the commitment to this project may not have been the same; however, the Council should honor promises made in the past. He agreed that the "creeping density" in the City had to be stopped unless Saratoga was to become a high density suburb of the City of San Jose; unfortunately, this was not the project to attempt such a change. An additional factor was the Town of Los Gatos' decision not to accept an interchange at Winchester Ave. which would have a tremendous impact on traffic flow on Saratoga Ave; adding four more units on Saratoga Ave. would not improve the situation. Councilmember Peterson could not support the Application; the General Plan designation of Planned Development offered the Council an opportunity to rezone the property. He questioned what would be accomplished by this proposal, rezoning the parcel at 12 units per acre, save to set a precedent; he agreed that alternatives to detached, single family homes were necessary but the density ofthis project was too intense. Secondly, he had a fundamental objection to the project*s appearance; he cited the elevations and materials proposed and felt the design could have been more attractive. He noted the visibility of this project at a prominent location in the City. Mayor Anderson felt the design should compliment the adjacent project although she agreed that the design was plain. She was not happy with the proposed units per acre; however, due to the site's designation for senior housing and due to the existing portion of the project which had a high density, she would accept the Application as presented. She wished it noted that the project was less dense than originally proposed and that adjacent projects were less dense than this Application; she advised the developer that the City was looking for significant reductions in density. MOYLES/CLEVENGER MOVED TO DIRECT THE CITY ATTORNEY TO PREPARE A DRAFT ORDINANCE FOR READING ON MARCH 1, 1989. Passed 4-1, Councilmember Peterson dissenting. Break: 9:19 - 9:30 EM. C. Ordinance making technical modifications to building regulations concerning early warn- ing fire alarms and garage sprinkler systems (First reading and introduction) The City Attorney reviewed the Memorandum of February 6, 1989, and additional policy consider- ations which he wished to bring to their attention regarding (h'~ Garage sprinklers. Councilmember Peterson was favorable to the early warning fire alarms and suggested the Plan- ning Commission consider the amount square footage which triggered the installation of the system. The Public Hearing was opened at 9:48 P.M. MEETING OF THE CITY COUNCIL Page 6 FEBRUARY 15, 1989 PUBLIC HEARINGS Continued Chief Kraule encouraged the Council to proceed on these Ordinance modifications; he urged future consideration of lowering the amount of square footage required to trigger the installation of an early warning fire system. MOYLES/CLEVENGER MOVED TO CLOSE THE PUBLIC HEARING AT 9:50 P.M. Passed 5-0. Councilmember Moyles stated that from a policy perspective, there was no rational distinction between the amount of square footage required to trigger the installation of an early warning fire alarm system; the purpose of such systems was to save lives. However, he did not wish to delay the proposed Ordinance modifications. Secondly, he cited concern regarding the amount of s uare footage on sites; such was a question of intensity of use and the Council and the Planning ~m- mission may wish to address this question in the near future. Finally, he wished to see all multi- family residential units and commercial development eventually connected to the early warning system; he noted the area of commercial use which could be considered high risk areas. CLEVENGER/MOYLES MOVED TO GRANT A NEGATIVE DECLARATION. Passed 5-0. CLEVENGER/MOYLES MOVED TO INTRODUCE BY TITLE ONLY, AN ORDINANCE AMENDING SUBSECTIONS 14-25.110 (d) PERTAINING TO THE EARLY WARNING FIRE ALARM SYSTEM; AMENDING SECTION 16-15.110 PERTAINING TO SPRINKLER SYSTEMS FOR GARAGES; AND REPEALING SECTION 16-25.050 PERTAINING TO SIZE OF BUILDING SEWERS, AS AMENDED. Passed 5-0. D. Ordinance making minor amendments to various provisions of the Zoning Ordinance (First reading and introduction) The City Attoi'ney reviewed the Memorandum of February 6, 1989. The Public Hearing was opened at 10:00 P.M. There were no speakers. MOYLES/PETERSON MOVED TO CLOSE THE PUBLIC HEARING AT 10:00 P.M. Passed 5-0. CLEVENGER/PETERSON MOVED TO INTRODUCE BY TITLE ONLY, AN ORDINANCE AMENDING SECTION 15-06.280 (b) OF THE CITY CODE CONCERNING GROSS FLOOR AREA, AMENDING SECTION 15-18.020 OF THE CITY CODE TO ADD FINANCIAL INSTITUTIONS AS A PERMITTED USE IN THE P-A DISTRICT, AND AMENDING SECTIONS 15-29.010 (b) AND 15-29.020 OF THE CITY CODE CONCERNING FENCING. Passed 5-0. The Ma r then returned to New Business. 7. ~?~W BUSINESS: B. Approval of plans and spccifications for El Quito Park improvements and Authorization to Go to Bid The Director of Maintenance reviewed the Report Re: Bid Approval - El Quito Park Improvements. Mr. Jeff Heid, Landscape Architect, reviewed the landscape plan and the anticipated costs of such. Councilmember Moyles noted the undesirable appearance of the existing fence; hc asked that a report bc made on alternatives and the cost involved in replacing this fence. MOYLES/PETERSON MOVED TO 'AUTHORIZE STAFF TO GO TO BID ON EL QUITO 9. CITY COUNCIL ITEMS: A. Reports from Individual Councilmembers Councilmember Peterson noted the concern of the Saratogal',la~a$onatkBank cx:meernin ~ the proposed traffic median; consensus reached to conduct a one day traffic study on the impacts of i~e median, not to exceed $1,000.00 in cost. Councilmember Moyles suggested that the City initiate discussion with the Town of Los Gatos regarding their recent decision not to accept an interchange at Winchester Ave. He reported on the recent Meeting of the Hakone Gardens Board of Directors. MEETING OF THE CITY COUNCIL Page 7 FEBRUARY 15, 1989 CITY COUNCIL ITEMS Continued Mayor Anderson discussed actions the Council could take to prohibit the use of automatic weapons. B. Arrange informal dinner meeting with Supervisor McKenna - Mayor Anderson Staff was directed to arrange an appropriate time for meeting with Supervisor McKenna. The Meeting of the City Council was adjourned at 10:55 P.M.