Loading...
HomeMy WebLinkAbout02-21-1990 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME= Wednesday, February 21, 1990 - 7:30 p.m. PLACE= Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting 1. ROLL CALL Councilmember Peterson, Stutzman and Mayor Clevenger present at'7:30 p.m. Councilmembers Anderson and Moyles absent as they were out of the Country. 2. CEREMONIAL ITEMS A. Resolution Commending Barrett Moore for service on Library Commission As Ms. Moore Was not present, CONSENSUS TO CONTINUE THIS ITEM TO A FUTURE COUNCIL MEETING. B. Resolution appointing Frances Krezek to Library Commission As Ms. Krezek was not present, CONSENSUS TO CONTINUE THIS ITEM TO A FUTURE COUNCIL MEETING. 3. ROUTINE MATTERS A. Approval of Minutes - 2/7, 2/13 Mayor clevenger pointed out that in the Minutes of 2/7 on Page 8, paragraph 8 should reference "Betty" Peck. PETERSON/STUTZMAN MOVED TO APPROVE MINUTES OF 2/7/90 AS AMENDED AND THE MINUTES OF 2/13 AS SUBMITTED. Passed 3-0. (Anderson, Moyles absent). B. Approval of Warrant List PETERSON/CLEVENGER MOVED TO APPROVE WARRANT LIST. Passed 3-0 (Anderson, Moyles absent). 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 16. 4. CONSENT CALENDAR A. Plannlng Commission Actions, 2/14 - Noted and filed. B. Heritage Preservation Commission Minutes, 1/17 - Noted and filed. C. Authorization for city Engineer to attend Public Works Officers Institute in San Diego, March 7-9, with reasonable and necessary expenses D. Construction Acceptance and Release of 50% of Bond for SDR 1586, Alta Vista Ave. (Developer, Diamond Development) E. Resolution No. 2630 approving Program Supplement No. 8 to Local Agency-State Agreement 04-5332 and authorize city Manager to execute Program supplement for city - Pierce Road Slide Repair' F. Resolution No. 2631 commending.Louise Cooper as citizen of the Year G. Proclamation on Women~s History Month H. Proclamation on Science Fair Week City Council Minutes 2 February 21, 1990 I. Proclamation designating April 7-14 as National Community Development Week J. Proclamation for Earth Day K. Treasurer's Report - January L. Investment Report - January M. Financial Report - January PETERSON/STUTZMANMOVED TO APPROVE CONSENT CALENDAR. Passed 3-0 (Anderson, Moyles absent). CONSENT CALENDAR - CLAIMS A. 'Claim of Cadwalader for sklrt~damaged by office desk Recommended Action: Accept claim; authorize City Manager to ..settle claim for not more than $75.00. STUTZMAN/PETERSON MOVED TO AUTHORIZE CITY MANAGER TO SETTLE CLAIM FOR NOT MORE THAN $75.00. Passed 3-0 (Anderson, Moyles absent). 5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS - None. B. WRITTEN COMMUNICATIONS ~ 1.~ Ronald R. Esau, Santa Clara Valley Water District, requesting comments on proposed resolution concerning potentlal water quality impacts on solid waste landfills Mr. Harry Peacock, City Manager, reported he had requested clarification of the proposed resolution and received a response from the Santa Clara Valley Water District after the agenda was closed. Therefore, he requested Council to continue the item to March 7, 1990. " CONSENSUS TO CONTINUE ITEM TO MARCH 7, 1990 CITY COUNCIL MEETING. 2. Willem A. Kohler, 21842 Via Regina, requesting cable - . televising of City Council meetings. CONSENSUS TO DIRECT STAFF TO SEND DR~FT REPLY. 3. 'Jon Cereghlno, P.O. Box 1132, Mt. View 94052-1132, ~. .. objecting to provisions of recycling program. Mayor elevenger requested that on Page 3 of the proposed reply,,the word "prestigioUs" be replaced with the word "desirable" · 'CONSENSUS TO DIRECT STAFF TO SEND REPLY. Frank R. Grengo, no address given, objecting to vandalism in Saratoga. · Mr. PeacOck reported a response cannot be sent because there was no address l'isted on the letter and staff has been unable to locate an address for Mr. Grengo. · '5. Gall Wooley, Chalrperson~ Intergovernmental Council, requesting resolution approving Source Reduction and Recycling Task Force. Mr.'PeaCock reported that under the Integrated Solid Waste Management Act,. it is mandatory that this Task Force be formed and convened in each County by March 1, 1990. IGC has recommended that the current structure of the Solid Waste Committee be reconstituted as this Task Force to begin work on the Countywide Integrated Recycling and ResoUrce Reduction Plan which must be submitted to the State by July 1, 1991. City council Minutes 3 February 21, 1990 STUTZMAN/PETERSON MOVED TO ADOPT RESOLUTION NO. 2632 TO DESIGNATE A SOURCE REDUCTION AND RECYCLING TASK FORCE. Passed 3-0 (Anderson, Moyles absent). 6. OLD BUSINESS A. Resolution modifying decision of Planning commission · concerning Nieman appeal of Dymand lot line adjustment, design review and variance heard 11/1 and 11/15 (continued from 2/7) Mayor Clevenger reported the Agent for the Applicant has requested continuance of this item to a future Council Meeting since there are two absent Councilmembers. CONSENSUS TO CONTINUE THIS ITEM TO THE MARCH 7, 1990 CITY COUNCIL MEETING. B. Agreement for the Administration of the Santa'Clara Cities Association Mr. Peacock reported this is a recommendation on the adoption of by- laws for the operation of the newly formed Santa Clara County Cities Association, a section of the Peninsula Division of the League Of California Cities, outlining the basic functions, offices, and basic organizational structure. Mr. Peacock recommended that Council authorize Mayor and City Attorney to execute the agreements on behalf of the City. PETERSON/STUTZMAN MOVED TO AUTHORIZE THE MAYOR AND CITY ATTORNEY TO EXECUTE THE AGREEMENT FOR THE ADMINISTRATION OF THE SANTA CLARA COUNTY CITIES ASSOCIATION, A SECTION OF THE PENINSULA DIVISION OF THE LEAGUE OF CALIFORNIA CITIES. Passed 3-0 (Anderson, Moyles absent). 7. NEW BUSINESS A. Consideration of Continuing Flood control Benefit-Assessment Program in North Central Flood Control Zone Mayor Clevenger expressed support for continuance of the program, pointing out that all of Saratoga is in the Flood Control District and that many flood control improvements have been constructed in the City. PETERSON/STUTZMAN MOVED TO DECLARE CITY'S POSITION ON CONTINUING BENEFIT-ASSESSMENT PROGRAM AND DIRECT STAFF TO SEND LETTER TO SANTA CLARA VALLEY WATER DISTRICT. Passed 3-0 (Anderson, Moyles absent). Mayor Clevenger moved the agenda to item 9 and stated the Public Hearings would be heard at 8:00 p.m. 9. CITY COUNCIL ITEMS A. Reports from Individual Councilmembers - None. B. Drug Free Zones in Schools (continued from 2/7) Peterson - reported on a program to place one or two large 24' X 30' signs at each school (8) within the City boundaries which declare the school a drug free zone. The cost is $600.00 maximum. He recommended that Council consider this endeavor to show support for a drug free society and refer the matter to the Public Safety Commission-for review. Discussion ensued wherein Mr. Peacock answered various questions from Councilmember Stutzman. He stated that the posting of the signs are consistent with recently enacted Federal legislation. If the signs are posted in an area and someone is apprehended using or dealing drugs, the penalties are doubled under Federal laws. He stated he did not know if the City Council needs to take specific action to effectuate this but that the City Attorney may want to review the issue. City council Minutes 4 ~ February 21, 1990 Mayor Clevenger directed that the issue be referred to the Public Safety Commission to determine if it ]will assist in the fight against drugs. peterson - reported that the IntergoVernmental Council of Cities (ICC) voted to take its $2,000 surplus and give it to the Santa Clara Cougty Cities Association. Glevenger.- reported that there are plans being considered for septic tanks to be replaced as a part of West Valley Sanitation District septic tank abandonment program. She expressed concern that one p~oject ran over budget several thousands of dollars and said it is hoped the costs for upcoming projects will be estimated more accurately. Mayor Clevenger moved the agenda to Public Hearings since the hour of 7:50 had arrived and since there wer~ no other items on the agenda'. 8. PUBLIC HEARINGS A. Obj'ections by the property owners to the order of abatement of nuisance - Certain lots within Tract 7770 and certain property located adjacent to said tract (extensions of Old Oak Way and Chiquita Way) Mr. Toppel., City Attorney, reported that because Councilmember Peterson must disqualify himself from participating in the issue, there are only two Councilmembers left which is not enough to form a quorum. He reported that the date was set for hearing public protest before it Was known that two Councilmembers would be out of the' Country. He suggested the matter be continued to the next regular Council meeting, when presumably four Councilmembers will be present .and able to vote, and Council is not in a position to act on the matter at this time.' Because.there were members of the public to address the Council on 'the issue this evening, Mayor Clevenger stated that a verbatim 'transcript would be made of the Public Hearing to be included in the next-meeting packet for the absent Councilmembers. -Mayor Clevenger opened the Public Hearing at 7:52 p.m. Councilmember ~Peterson stepped down for the hearin~ of this item. ,Phii Wi~liams, 12161 Parker Ranch Road, read his letter dated 2/19/90 .'to the City of Saratoga regarding th~ proposed repair of Lot 3, Tract !7770 a~d his responses to same. He stated he believes: 1) the cost "of restoration should be'borne by th~ two parties at fault, namely the City and Mr. Cocciardi, and '2) due to delays the City has put in place,.he is being forced to sell the home to pay off the loan on the 'land. He expressed his opinion that+the "deals" are continuing to be made with everyone except for the innocent parties in this case. Luanne Nieman, 13217 Padero Court, addressed the Council relative to Mr. Chadwick's letter that appeared in the Saratoga News today wherein he'asked for special considerations. She felt he has already been given more than adequate special considerations. She reported on remainin~ problems in the projectrwhich no one seems to be able to answer and expressed concern with th~ water flows around her property.. She expressed anger that ~lthough Mr. Chadwick's tractors illegally.graded her property that issue has not been addressed by ~ the C~ty. In response'to a question from Mayor~Clevenger, Mr. Toppel stat&d that tonight is the first time he heard of the illegal gr~dlihg'-as reported by.Mrs. Nieman. Mayor Clevenger said an inspector will be sent to review Mrs. Nieman's property and if the claim is Substantiated, the complaint will be added to the current list of complaints. Mrs. Nieman addressed the Council once again asking wherewere the 'inspectors.-up to this time if Mr. Chadwick has been give~ permission to do!theWork he has been doing on his property and, why isn't it already noted that her property was ~llegally graded. She-expressed City Council Minutes 5 February 21, 1990 great concern with the amounts of increased drainage into the swales and creeks in the downstream areas and said they do not exist for the type of drainage that is being fed into them. She asked what kind of future protection the downstream property owners have. Mayor Clevenger requested that staff visit Mrs. Nieman~s property and try to answer the questions raised by Mrs. Nieman regarding the consequences to the downstream properties, specifically her property. Mr. Peacock said that an inspector has been on the property every day. Mr. Willem Kohler, 21842 Via Regina, stated that after having walked the Chadwick lots, he is of the opinion the damage is much more than is known. In response to mapping concerns, Mayor Clevenger and Mr. Toppel clarified the mapping of property lines has been done and the maps are part of public record. Dora Grens, 13451 Old Oak Way, stated great concerns regarding the runoff issue. She reported her property is situated in the path of the runoff from the projects. She expressed her hope the situation will be taken care of in a professional manner. Mike De La Cruz, 1221 Brook Glen Drive, stated his property, Lot 5, has no violations against it and requested Council give him an idea of how long the property will be tied up in legalities so that he can plan accordingly. He stated it is his hope that Council takes action soon. Mr. Toppel stated he could not give a response until full Council has taken action on what is to be done with individual lots. It is hoped that Council will make that decision at the next Council Meeting. No one further appearing to speak, at 8:14 p.m. Mayor Clevenger directed that the Public Hearing be continued to March 7, 1990 and that a verbatim transcript of the testimony given tonight be included in that meeting packet. Councilmember Peterson returned to his seat. B. Quarry Creek Project - Decision concerning completion of repair of Vaquero Ct. and Old Oak Way landslides and approval of plans to revegetate affected property Mr. Peacock stated there is no written report at this time but that all the component parts have been planned out and reviewed by the City. The existence of the Cease and Desist Order from the Army Corps of Engineers (COE) on concluding this work remains in effect. He reported that the COE and the Department of Fish and Game have been notified of this hearing. Lengthy discussion ensued wherein Mr. Peacock gave a detailed account of the matter up to this point in time regarding the jurisdictional issue. The Department of Fish and Game has indicated its willingness to work with the City in resolving any outstanding issues and in trying to get a response from the COE regarding the jurisdictional issue. Congressman Tom Campbell's staff has also tried to expedite a response from the COE. Mayor Clevenger stated that the question tonight is whether or not the City Council feels it is in order to proceed with completion of the remaining structural work required for the erosion control, improvements of Calabazas Creek and the inlet structure at the head of the storm drain under the landfill buttress, and the revegetation plan which was submitted to the COE and Department of Fish and Game on June 26, 1989. The existing problem is a jurisdictional dispute about which agency has the final authority to approve a revegetation plan for the hillside which was reconstructed to repair a landslide. The land has been without vegetation for approximately two years. Mayor Clevenger stated that the City has not felt comfortable proceeding with the plan because of the jurisdictional issue. She requested that the public indicate whether or not they support Council proceeding with the plan without clearance from the COE. City council Minutes 6 [ February 21, 1990 Mayor Clevenger opened the Public Hearing at 8:22 p.m. William Peretti, 13485 Old Oak Way, distributed a copy of his letter to the City Council dated February 21, 1990 and read portions verbatim describing the problems created and how this situation negatively .affects his property including: erosion, garbage dumping off the' emergency access road through his backyard and, daily trespassing through his backyard creating a legal liability. He believes the City should either adequately mark the emergency access road and fence it off, or provide him and two neighbors with an indemnity agreement against liability for possible suit, financial 16ss, or legal and other costs stemming from trespassers. Although he,feels the'plan is inadequate, he stated he would rather have something'done than not at all. He 4poke in favor of the City proceeding with the plan as soon as possible for restoration of his property. Willem Kohl~r agreed with Mr. Peretti that the plan is inadequate and thatla'rger plants should be utilized for revegetation. He reported on his'conversation with Karen Masonsand Joyce Minjeraus with the COE. He said the indication was that the COE will respond to the City's letters but they needed'more time to review this situation because they also have differences on portions of the plan. He said the~COE is claiming jurisdiction o~er the area and indicated contact would be made with Congressman Tom Campbell. Mr. Kohler felt the City should continue to work with th~ COE for resolution of this matter. Dora Grens, 13451 Old Oak Way, suggeSted that the City look into the -use of hydro-mulch until the permanent plantings are placed. She objected to the recommended size of plantings in the proposed plan as being inadequate and recommended theiCity not proceed with the plan if small plantings are to be used. Mayor Clevenger closed the Public He~ring at 8:41 p.m., Councilmember Stutzman said in view of COE plans to assert its authority and its plans to be helpfuI in the recommendations, he felt the Council does not have much alternative other than to wait to hear from the COE and hope that the follow up is expeditious. Mayor Cievenger expressed her concern that the situation has existed for such.a long time and that Council has been unable to take action without coE approval. Councilmember Stutzman discussed a recent newspaper article regarding the COE.-The COE has come under considerable pressure for not having responded to public needs and is currently under Congressional observation. He stated that due to this situation, perhaps a response will be forthcoming and suggested the City wait a few months after which time the Congressman can~be contacted if no response is forthcoming. In reSpOnse to a question from Councilmember Peterson, Mr. Toppel reported that the COE is involved in]suggesting the size of vegetation to be used in the revegetation program. Also part of the problem are the severe differences between the City and the COE regarding what the COE determined waa the area affected and the area the consultant determined to be riparian habitat. Mr. Toppel reported on the existing situation involving Calabazas Creek where the Santa Clara Valley Water District has requested! .certain work to be done and the COE has said no. That area is currently showing signs of erosion and is of concern to all the parties involved. Based on preliminary geotechnical studies completed,,if the City were to do as the COE has requested there is indication'there could be geotechnical problems for the buttress whiChis holding up the landslide. He stated his opinion that the above-described issue be addressed, subsequent to allowing the City to .complete the necessary work and r~vegetation in order to prevent ,.further erosion. City Council Minutes 7 February 21, 1990 Mr. Peacock expressed frustration with the dilemma as it relates to the differences in directions to the City by the COE and State Department of [ish and Game. Mayor Clevenger stated that Council placed this issue on the agenda to hear comment in order to determine if there was public support for the City to proceed. From testimony this evening, she said it does not appear that support exists. CONSENSUS TO DIRECT THE CITY MANAGER TO CONTINUE TO MEET WITH STATE AND FEDERAL AGENCIES TO TRY FOR RESOLUTION AND THAT EROSION CONTROL FLOOD PLANS WOULD NOT BE APPROVED UNTIL THE AGENCIES ARE HEARD FROM. Councilmember Peterson agreed with mayor Clevenger's conclusions but requested that in the interim the issue be agendized, for further clarification of the jurisdictional issue and size of plantings for reveg~tation, at the March 13 Council Study Session. C. Appeal of denial of varianceto reduce the required 18 foot side yard setback to about 6 ft. in order to construct a room addition to an existing home at 18651 Perego Way in the R-1- 10,000 Zone district (VSg-042)(Applicant/appellant, Hornung) Mr. Steve Emslie, Planning Director, reviewed the Staff Report summary. The Commission voted 4-3 to deny the applicant's request since the majority of the Commission was unable to make the required findings. Although staff had recommended Planning Commission' approval of the project since they believed the required variance findings could be made and that a one foot difference between code requirements and the proposed is minimal, staff's recommendation this evening is to uphold the Planning Commission decision and deny the appeal. Mayor Clevenger said she could not understand why staff's recommendation at the Planning Commission meeting is different from the recommendation staff has made this evening and said she had a problem with that as it is confusing to the applicant and to some of the Councilmembers. Mr. Emslie stated staff supports the variance, but the Commission did not. He will be more clear on this point in the future. Mayor Clevenger opened the Public Hearing at 9:00 p.m. Cynthia McCulley, wife of Jeff Hornung, Applicant/Appellant, addressed the Council to request approval of a variance since the extension proposed maintains the existing architectural integrity and helps to ensure the addition planned does not look like an "add-on". She reviewed the neighbors' concerns stating that she and her husband have taken them into account with the remodeling plan. Although the neighbors were notified of the plan and were asked to comment, no comments were received; the neighbors did however contact the Planning Department. She requested approval of the variance and said that if that could not be done, she would subsequently request consideration of approval of the design with the Walls moved in 1 foot, or some other guidance from Council. Rick Loretz, 18660 Harleigh Drive, stated that this is not only a setback issue dealing with non-conforming lots, but is also an issue of interference to adequate open space and a loss of privacy (lighting and noise). He reviewed the various ways in which the extension would impact on his property. He requested the City Council uphold the Planning Commission decision of January 10, 1990, and requested that the Planning Director require a design review plan because of the sensitivity of this proposed addition. He felt that the less intrusive plan, one that addresses the concerns of the neighbors, should be put before the Planning Commission for approval. Harold Unger, 18670 Harleigh Drive, Lot #116, stated that a large deck and a shelter for a spa on the Hornung property was completed without permits.~ He expressed his opinion that both structures are intrusive and felt that the matter should be taken care of before City Council. Minutes 8 February 21, 1990 further building permits are approved. In response to a question from Mayor Clevenger, Mr. Unger stated that the extension of the Hornung home would not impact his property. Kathleen Loretz, 18660 Harleigh Drive, stated her objections to the extension of the Hornung home and spoke of the difficulties in working with non-conforming lots. She felt that Council could not justify making an already bad situation worse. She reviewed the impacts on her property pointing outsthat the Hornungs' living area is adjacent to her bedrooms; the proposed kitchen relocationwould be 14' from sleeping area in her home. iShe pointed out that if the extension is approved, the full length of her backyard will be even more closed in and will definitely take away from the enjoyment of using their backyard. She felt that!part of the.problem is that the · City codes-do not address such a situation and should address setbacks for two non-conforming lots.. She agreed with her husband that a design review plan be submitted for any construction on the west.side of the Hornung home and requested that the Hornungs take the chimney off and. not relocate the,kitchen. No one, further a earl to speak, Mayor Clevenger closed'the Public PPl ng Hearing at 9:15 p.~. In response to questions from Councilmember Peterson, Mr. Emslie stated that it has not been his experience that any project that ~onformed with setb~acks, was one-story and was on a slope of 10% or lessh~s been broug,ht before the Planning Commission for approval of a room addition. In response to Coun!cilmember Peterson's questions relative to lack of comments on the deck built without a permit, Mr. Emslie stated that staff's comment at ~the Planning Commission meeting was that the condition be included-to require tha~ the deck and spa area be .brought up~to code.~ Councilmember Stutz~an noted the Hornungs are 400 feet below the allowable size of ~ structure for that lot. He discussed various elements which coulld help alleviate the privacy and noise problems. He Stated he does ~ot agree with the'Planning Commission decision and agreed w~th staff'sl findings. He said he could support approval of the project if proRer documents are dbtained for the decking and spa area and. if they are brought up to code. He suggested planting of trees ~long the Creek between the Riggle property and the Hornung property. - : Coun~iimember Peterson agreed with comments by other Councilmembers but felt that it mfght be more appropriate to put the fireplace in the middle or at t~e side of the structure. He also recommended the windows beffluSh w~th the walls. Mayor-clevenger recapped that the pr6posal would include that: 1) the 'Planning Commission would review the!deck and spa issue; 2) there would be alandsca~e plan presented for approval; 3) the skylight will be made of an bbscure glass, and the windows will be flush with the walls. Mr. Peacock-re mmended the Council instruct the City Attorney to co prepare a, resoluti~n making the necessary findings and incorporating the conditions as specified by the C6uncil, and that resolution be brought back to th~ Council on Marchl7. CONSENSUS TO ACCEPT THE CITY MANAGER~S RECOMMENDATION AS STATED' ABOVE. "~ i i PETERSON/STUTZMAN MOVED THAT THE CITY ATTORNEY PREPARE A RESOLUTION REVERSING' THE PLAN~ING COMMISSION DECISION. Passed 3-0 (Anderson, Moyles absent). -MayOr Clevenger d clared a recess at 9:25 p.m. Upon reconvening at e · -9:37 p.m.,:the sam~ Councilmembers and staff were present. .1 City Council Minutes 9 February 21, 1990 D. Ordinance regulating vehicle repair; this ordinance would modify existing regulations to the time and place vehicle repairs can occur in residential zones. Mr. IToppel reviewed the Executive Report Summary on the proposed ordinance regarding vehicle repairs on residential properties. The proposed ordinance will amend Section 9-50.010 of the City Code to strengthen the regulations concerning such repair of vehicles. The changes are described more fully in Mr. Toppel's memorandum to the City Council. The proposed ordinance is also based on information received from concerned citizens regarding increased vehicle repairs on residential properties. Mayor Clevenger opened the Public Hearing at 9:38 p.m. No one appearing to speak, the Public Hearing was closed at 9:38 p.m. PETERSON/STUTZMAN MOVED TO INTRODUCE EY TITLE ONLY, WAIVING FURTHER READING, AN ORDINANCE AMENDING SECTION 9-50.010 OF THE CITY CODE CONCERNING REPAIR OF VEHICLES ON RESIDENTIAL PROPERTIES. Passed 3-0 (Anderson, Moyles absent). E. ordinance regulating fencing on hillsides; this ordinance would create an exemption from the existing 4,000 sq. ft. fencing limitation on a neighborhood basis through a petition and hearing process before the City Planning Commission. Mr. Peacock noted that staff received a letter from Wanda Alexander opposing any fencing in the hillsides. Mr. Toppel referred to staff's memorandum which outlines the history of the issue. The proposed ordinance is mainly in response to the Parker Ranch Homeowner's Association to allow some degree of fencing of their properties in excess of 4,000 square feet for landscape and security protection. Open fencing such 'as wrought iron or wire mesh, supplemented with landscaping is proposed. The ordinance does not establish new regulations concerning the area of enclosure; it establishes a process which would allow groups (representing 60% of the area affected by the exemption), such as the Parker Ranch Homeowner's Association, to petition the Planning - Commission to establish new rules. Each circumstance will be dealt with on a case-by-case basis. There have been requests to the Planning Commission which it was unable to approve because it could not.make findings to grant an exception. Mayor Clevenger opened the Public Hearing at 9:42 p.m. Frank Herdwick, 12273 Vista Arroyo, addressed the Council as a member of the public and as a member of the Board of Directors of the Parker Ranch Homeowner's Association. He stated the homeowners are required to landscape but the deer eat the costly foliage. The homeowner's hope to provide a means whereby the deer would have ingress and egress between the lots and the residents would like to be able to enclose an area of more than 4,000 square feet. He urged Council to adopt the ordinance which will permit neighborhood decisions. No one further appearing to speak, Mayor Clevenger closed the Public Hearing at 9:45 p.m. In response to a question from Councilmember Stutzman, Mayor Clevenger stated the issue was brought before the Planning Commission two years ago and the Commission is now in favor of the ordinance. PETERSON/CLEV~NGER MOVED APPROVAL OF A NEGATIVE DECLARATION. Passed 3-0 (And~6~, Moyles absent). PETERSON/CLEVENGER MOVED TO INTRODUCE, WAIVING FURTHER READING, AN ORDINANCE AMENDING SECTION 15-29.020 OF THE CITY CODE CONCERNING FENCING WITHIN HILLSIDE DISTRICTS. Failed 2-1 (Stutzman voted no. Anderson, Moyles absent). City council' Minute~ 10 ~ February 21, 1990 Because there must be a majority vote' to introduce an ordinance, Mr. peacock recommended~the item be placed under Old Business on 'Council~s March 7 agenda, when a full~ Council is expected. 10. ADJOURNMENT to closed session ~n potential litigation concerning Draft Environmental Impact. Report for E1 Paseo RedeVelopment prepared by City of San Jose and on illegal grading, · clearing and tree removal on Cocolard'i/Chadwick development, Tr. ':7770' i ": '~RespeCt~ully submitted, VickiLindeman Minutes Clerk