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HomeMy WebLinkAbout05-02-1990 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, May 2, 1990 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting 1. ROLL CALL Councilmembers Anderson, Moyles, Peterson and Mayor CleVenger present at 7:30 p.m. Councilmember Stutzman was absent. 2. CEREMONIAL ITEMS A. Presentation of Resolution of Commendation to Jan Harris as former Planning Commissioner Mayor Clevenger read and presented Resolution No. 2643 commending former Planning Commissioner Jan Harris. She thanked her for her many years of service on the Planning Commission. B. Resolution appointing Sabin and reappointing Mitchell as members of the Heritage Preservation Commission PETERSON/ANDERSON MOVED TO ADOPT RESOLUTION NO. 2647 APPOINTING PETER SABIN AND REAPPOINTING BRUCE MITCHELL AS MEMBERS OF THE HERITAGE PRESERVATION COMMISSION. Passed 4-0 (Stutzman absent). C. Administration of Oath of Office to the Above Mayor Clevenger welcomed and administered the Oath of Office to Mr. Sabin and Mr. Mitchell. She thanked them for their willingness to serve on the Commission. D. Proclamation commending Dolly Barnes for Actions in connection with October 1989 Earthquake Mayor Clevenger read and presented a Proclamation of Commendation of the City Council of the City of Saratoga to Mrs. Barnes for her demonstrated ability to master extraordinary situations and her demonstration of personal courage, outstanding leadership, and dedication to the library and, most of all, to the people she serves and those with whom she works. 3. ROUTINE MATTERS A. Approval of Minutes - April 18 MOYLES/PETERSON MOVED TO APPROVE THE MINUTES OF APRIL 18, 1990 AS SUBMITTED. Passed 4-0 (Stutzman absent). (Clerk's Note: At Mayor Clevenger's request, the recording of the meeting was checked, and her motion on the Pool appeal placed at the point she made it, before Council discussion began.) B. Approval of Warrant List ANDERSON/PETERSON MOVED TO APPROVE THE WARPaiNT LIST AS SUBMITTED. Passed 4-0 (Stutzman 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 April 27. 4. CONSENT CALENDAR A. Planning Commission Actions, 4/25 - Noted and filed. B. Heritage Preservation commission Minutes, 4/4 - Noted and filed. C. Public Safety eommlssion Minutes, 4/16 - Noted and filed. ~ity c0uncil Minutes 2 . May 2, 1990 D. Resolution 2621.1 amending fee schedule to reinstate occupancy inspection fee I E. Resolution2648 upholding Planning Commission Decision in case of Pool heard 4/18 ~' F. Approval of purchase of replacement articulated tandem ~".~ ~ drive vibratory roller from Tractor Equipment Sales in the '- amount of $24,192.17 G. Approval of request by Raisch Construction to use City - . property for construction purposes - Route 85: cox Ave. fOvercrosslng ~=~ li H. Approval of purchase agreements for right of way and easements - Quito Rd. Bridge Replacement Project 'I. =Resolutions 2649 and 2649.1 pertaining to FY 1990-91 -. ~Landscaping and Lighting District ~ ~-~ J. Final building site approval, 8D 89-015, 19540 saratoga- Los Gatos Rd., and authorization for City Manager to execute Deferred Improvement Agreement K..."~Final map approval, Tr. 8316 (San Marcos Heights) .. , (Developer, Saratoga Pacific Oaks) L.'-Approval of Temporary construction Easements - Route 85: .Prospect Rd. to Saratoga Creek = M~ - Commendations for Members of Saratoga Contemporary Artists .= for bringing art programs to saratoga community CounCilmembe~ Anderson pulled items 4G and 4K from the Consent Calendar. ' · 'PE~ERSON~MOYLES MOVED TO APPROVE CONSENT CALENDAR WITH EXCEPTION OF --ITEMS. 4G AND4K. Passed 4-0 (Stutzman absent). Regarding"item 4G, Councilmember Anderson requested that the neighbors in the area"of Kevin Moran and Azule Park, and Greenbriar School be nQtified 6f~the construction activity and the request for temporary construction-easements. Mr. Thomas Reddick, Saratoga, expressed concern regarding the possibility of vandalism at the construction site. Mayor Clevenger pointed out that the construction area will be fenced in. ANDERS0N/MOYLES MOVED APPROVAL OF CONSENT CALENDAR ITEM 4G AND REQUESTED THE CITY EAGER TO ASSIST IN DETERMINING RESIDENTS TO .~ECEIVE NOTICE. Passed 4-0 (Stutzman absent). Regarding Item 4K, Councilmember Anderson said she would like to see -th~ Street name make sense in Spanish. Following discussion, it was agreed'tO have the developer make the change before the final map is filed. inrresponse :to a question from Mayor Clevenger, staff verified that this'.development complies with the recommended changes to policies and procedures.which were developed since the problems encountered with the Codciar~ima~er. 2~..~peaceck ciax'ified ~hak ioks can 'be sold ~n'cethe map is .recorded. He said that a recommended change to policy and procedure calls for bonding for 150% of the value of improvements. ~NDERSON/MOYLES MOVED TO APPROVE CONSENT CALENDAR ITEM 4K WITH THE PROVISION THAT THE STREET NAME, REAL DE SAN MARCOS, BE CHANGED BEFORE THE FINAL MAP IS RECORDED. Passed 4-0 (Stutzman absent). 6ONSENT'CALENDAR II - Claims A~ .Indemnity Claim of Pettitt in. connection with fall from !' '~sidewalk (Initial claim, MacKenzie) City Council Minutes 3 May 2, 1990 ANDERSON/MOYLES MOVED TO DENY INDEMNITY CLAIM OF LORRAINE PETTITT. Passed 4-0 (Stutzman absent). 5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS 1) Mr. Thomas Reddick, Saratoga, complained that he was ignored when he tried to speak with a staff member at City Hall and requested a formal apology for the treatment he received. Mayor Clevenger stated that a report has been received from the City Manager regarding this incident and pointed out that Council does not consider personnel matters at the City Council meetings. Council will discuss the matter with the City Manager to determine if an apology is in order. 2) Mr. William H. Peretti, Saratoga, read his letter of April 29, verbatim, regarding Earth Day, a week later. The letter reiterated his complaint regarding tree removal and grading on eight backyards between Old Oak Way and Quarry Road. Me pointed out that the City committed to renewal and completion more than three years ago. Mayor Clevenger explained the problems Council has encountered with receiving environmental clearance, that the City cannot proceed without that clearance and that Council has been making every effort to solve this problem. Mr. Peacock stated he will pass on to Mr. Peretti information received from the Corps of Engineers regarding the matter. 3) Col. E. T. Barco, Saratoga, complained that he has been denied certain information by City staff. He asked if information on the Planning Commission application form is confidential or is the public only allowed to know the name of the applicant. He said he would make the same request on Monday and would expect either the information or a letter from Council reciting the authority by which it is refused. He did not stay at the meeting to hear the response. Mayor Clevenger reported that it has been Col. Barco's practice to voice scurrilous attacks against Council or staff and not remain to hear the response. She said he made an attack against the City Manager last week and she felt she made a mistake in not allowing the City Manager to respond to Col. Barco. At the request of Mayor Clevenger, Mr. Hal Toppel, City Attorney, reported that as far as he knew, the names of the applicants had been given to the citizen who requested them at the time of the request. He clarified that documents of any kind, intended for the Council, are determined confidential, just as employment applications, until reviewed and acted upon by Council. Once that person becomes A Planning Commission member, the information becomes available to the public. Councilmember Anderson pointed out that the Council uses a modified version of Robert's Rules of Order. Mayor Clevenger reported that Council discussed and determined that when attacks are made against Council or staff, there will be an opportunity for response at that time. 4) Mr. Jeff Schwartz, San Marcos Road, Saratoga, said it is his understanding that appointments of elected officials are different than employment application procedures and that the public should be able to view that information along with the Council. He requested clarificatiQ~ regarding ~33~prep~s.eS.~ew aeve~e~% an'~he Od~ ~!~ll~vs property, particularly the architectural plans paid for by the City with the expectation the plans will be reimbursed by the developer. He asked how and when the expenditure was approved and what will happen if the developer does not reimburse the City. Mayor Clevenger requested staff to respond in writing to Mr. Schwartz. 5) Mr. Bert Martel, Fruitvale, Saratoga, requested the outcome of the Channel 6 TV Access Policy Board meeting held in April. Councilmember Anderson reported that there will be a live airing of the candidates debate on Tuesday, May 8, at 7:00 p.m. City Council Minutes. 4 May 2, 1990 Mayor Clevenger moved the agenda to Public Hearings since the hour of 8:00 p.m. had passed. 8. PUBLIC HEARINGS A. 'Appeal of conditions of design review approval to construct a 419 sg. ft. first floor and a 1949 sg. ft. second floor addition to an existing one story home for a total floor 'area'of 6931 sq. ft. at 15410 Pepper Ln. in the R-1-40,000 zone district (DR S9-106) (Applicant/appellant, Guilardi) Mr. StYeven Emslie, Planning Director, reviewed his memorandum to the =City Council and reported the appeal is based on conditions imposed by the Planning Commission to minimize view and privacy impacts to the surrounding neighborhood. The Applicant/Appellant primarily objects to. the Planning Commission's reduction of a porte cochere, the reduction of the width of a second-story rear deck, the provision for ObScure giass in the upper-story side elevation windows and additional ]landscaping at both side property lines. Staff recommends the City Council uphold Planning Commission approval including conditions requiring modifications and deny the appeal. The findings are negessary to proceed and to find that the proposal is consistentlwith .design guidelines. -Mayor Cle~enger opened the Public Hearing at 8:25 p.m. -Mr~ Warren Heid, Architect representing Mr. Joe Guilardi, referred to · the wall drawings which depicted, in red, the four areas of concern 'mentibned above. He explained in detail how they are important to the architecture! design and the use of the home. He agreed that privacy ~!islimportant for all parties. He expressed the importance for the !applicant to.be able to coordinate any new trees with what exists so ~itwill not impact views, etc., but to properly complete screening for ~the neighbors concerned. He presented pictures for Council's review ~and requested that Council reconsider the conditions imposed by the planning. Commission. 'M~. Joe Guiiardi, the Applicant/Appellant, stated his lifestyle .dict'ates the'need for the porte cochere because of his health needs and because of the rain, sun and pollen problems. He felt there is no privacy problem and that placing more trees would be a detriment to -the ~xisting view. The trees would also block more sunlight to his ~yard. I He' stated that his finished project will be one which the 'neighbors will be proud of. Mr. Michael-Gold, 15415 Pepper Lane, objected to the porte cochere stating that'he felt it will look like a Holiday Inn and will detract from the homes in the neighborhood. He said that if there would have been ~ommunication and discussion with the neighbors two and one-half years ago when the project was started, Mr. Guilardi would not be in the position he is in at the present time. He expressed concern that .Mr. Guilardi may not conform to the imposed modifications. He urged Council'to review the site. · Mrs. Mary Lynn Earls, 15370 Pepper Lane, referred to a sketch of an overhead view of the properties showing the relative positions showing the clear-shot views of the balcony 'and deck as Mr. Guilardi has pr0posed~ Mr. Emslie reported that the sketch could not be reproduced and circulated the original sketch among the Council. Mrs. Earls disputed the photographs presented by Mr. Guilardi as well as the d~a~ngs on ~he wall. She agreed with the previous speaker.that input froze ~he a~i~rs ~s .m~ sought zuaj felt ~h~ privacy would be to have the Planning Commission decide exactly where additional landscaping should be. Any tall landscaping could block the sunlight to her sight-impaired daughter's window. She said that none of!the neighbors have decks and are not suffering a hardship. She requested CounCil to visit the neighborhood to review the views and elevations before making a decision. Mr~ Carl Amdahl, 15370 Pepper Lane, said he is appalled at the process which he has had to go through in this matter and that he disagrees that Mr~'Guilardi and the architect have t~ken into account neighbors' input and are sensitive to his needs and concernS. He felt it is an insult because he has never been addressed on any input other than at City Council Minutes 5 May 2, 1990 formal presentations such as this. He said that because of the amount of time spent in the matter, it is greatly distressing to see the plans going back to square one. He felt that residents' requests regarding the need for obscure glass, landscaping and reduction in the balcony are reasonable. Mrs. Pam Lavin, 15450 Pepper Lane, said the porte cochere is ostentatious, obtrusive and is incompatible with the neighborhood. In response to Councilmember Anderson regarding whether she was satisfied with the Planning Commission's decision, she replied yes, if she could be assured the landscaping requirements are met and that landscaping is maintained. Mrs. Jane Gold, 15414 Pepper Lane, spoke of how the Planning Commission worked hard and long trying to reach a compromise. She ~sked why Council appoints them if it doesn't abide by the Commission~s decisions. She believed the matter was resolved a month ago. She requested Council to consider elimination of the porte cochere as she sees it from her living room, her patio and considers it vulgar. Mayor Clevenger reported that this is a De Novo Hearing which means that Mr. Guilardi has requested Council to reinstate some of the items the Planning Commission disallowed. However, the Council may decide that some of the items the Planning Commission allowed are l not acceptable. This is the last step in the process regarding this matter. Mr. Heid said he is concerned with the innuendos he has heard this evening. He believes the home is compatible and referring to a table model, pointed out the modifications that have been made. He reiterated his belief that the porte cochere is a necessary architectural element to the applicant and that the project will not be harmful to anyone. Mr. Guilardi said he also is appalled because he has done nothing to the neighbors to justify the way they feel about him. He urged Council to visit the site. Mayor Clevenger closed the Public Hearing at 9:10 p.m. In response to Mayor Clevenger~s request, utilizing the table model, Mr. Heid pointed out the modifications which have been made. Councilmember Moyles cited those issues which he considers irrelevant to proper land use policy making and that he does not rely upon for his judgment. He said he could not require any homeowner to prove that he needs what he wants. He felt proper consideration has been given to concerns expressed by the Earls. He said he would not be inclined to grant the appeal but would grant the appeal regarding the porte cochere. Regarding compatibility in terms of bulk, he said with a 70 foot setback from the street, there is ample space to mitigate the extra feet sought for by the Applicant/Appellant. He said he would grant the appeal specifically on the porte cochere and deny the appeal as regards the balance of the points raised. ,In response to Councilmember Anderson, he said he would not deny the porte cochere but would concede that it would be more logical to say that no porte cochere makes better sense than a reduced one. Councilmember Anderson stated that she too made a site visit and feels there are practically no privacy impacts to expanding the back deck. tf i~ is~h~-~.e~ ~O~ the neighbors, she supported cler~Or~ ~in~ow~ no landscaping so as not to.interfere with the sunlight from the south. She said she could not vote for the two-car porte cochere because it makes the house look bulky. Councilmember Peterson said that compared with the house on the corner which is 9,365 square feet with a 33% variance, he does not see the issue of the porte cochere as significant because of the very large lot with a 77 foot-setback. He said from a front view one could not see the depth of the porte cochere and he has no problem with the nine and one-half feet addition to it. He does not believe there is a privacy issue with the deck but would compromise to allow a 10 foot deck and City Council Minutes 6 May 2, 1990 would agree with the Planning Commission in requiring clerestory windows. Mayor Clevenger said, if there were enough votes, she would eliminate the porte cochere but that if it is not entirely eliminated, she agreed that it be the original two-car because the extra feet would not make =that much difference. She felt there should be clerestory windows for the bedroom on the Amdahl side. Discussion ensued. PETERSON~ANDERSON MOVED TO ALLOW THE PORTE COCHERE AS SHOWN IN THE DRAWINGS (2-CAR) AND ALLOW THE NINE AND ONE-HALF FOOT EXTENSION, ALLOW A MAXIMUM WIDTH OF TEN FEET FOR THE SECOND STORY BALCONY AND REQUIRE CLERESTORY WINDOWS IN THE BEDROOM AND OPAQUE WINDOWS IN THE BATHROOM. 'Passe~'4-0 '(Stutzman absent). Mgyor;Cle~enger declared a recess at 9:25 p.m. Upon reconvening at '9:4Q p.m. the same Councilmembers and staff were present. ~ B. '.Appeal of conditions of approval of street improvement plan 'for development of an access road from Mr. Eden Rd. to the -'~ 'four-lot subdivision at 22631 Mt. Eden Rd. (8D87-008) '='= ' (Applicant/appellant, Sung/Harbor Builders) Mayor CleVenger reported the Applicant/Appellant has requested the hearing be continued to May 16. However, because this is a noticed ~.public hear'ing, she asked if there was anyone present to speak to the .matter. ]Mayor Clevenger opened the Public Hearing at 9:45 p.m. Mrl Peretti read, verbatim, his letter dated April 29 to Council regarding the appeal of conditions of approval, 4 lot subdivision. He ~po~nted out the conditions of approval of the street/improvement plan foranaccess road from Mt. Eden Road to the 4 lot subdivision allows ~fur~her development and sale of the lots although the prerequisite ..improvements are not complete. He reiterated the impacts on his 'property and on the property of six neighbors. He said he has spoken to public agencies and there is no jurisdictional dispute in the matter · !~nd pointed out that the parties involved do not care who completes the Iproject as ~ong as the work meets or exceeds the standard of the plans the-parties reviewed. ~oone further appearing to speak, Mayor Clevenger continued the Public Hearingto May 16, 1990. She said if Mr. Peretti was unable toappear at the'PUblic Hearing, his comments will be made a part of that record. C. · Objections 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) · BeCause of ~ossible conflict of interest, Councilmember 'Peterson stepped'down~for the hearing of this item and abstained from voting. Mr.. Larry Perlin, City Engineer, reviewed his Report Summary to the Council regarding the status of violations including the 'erosion control issues, the illegal grading, and the illegal vegetation and .tr~e removal. .Dis~uSslon. ~s~e8 ~re~axa{n~ amou~ht ._co~d~nns lan~ th~ i~p~ct irrigating' landscape. Mr. Peacock reported that the arborists redommend tree plantings take place in the fall and he explained why. He said there is no reason other landscaping cannot go forward but that artificial' irrigation would be necessary. Mayo~CleVenger opened the Public Hearing at 9:53 p.m. MrS. Luanne Nieman, 13217 Padero Court, stated she did.not understand ..the Concernvabout'planting in a drought but said she wished to see a I'pl~n.and.a schedule for when the work will begin on thehillside. She reported that four weeks ago she requested information regarding the status of"the hillside restoration and has not heard from anyone. City Council Minutes 7 May 2, 1990 Mr. Peacock pointed out that Mr. Perlin's report indicates the current status of each lot and further suggests a timetable for expected completion of the work. In response to Councilmember Anderson, he said the hydro-seeding is part of erosion control. Mrs. Nieman recalled that the public nuisance order demands that the land be restored to its original condition before th~ builders and contractors could continue any work on the hillside and said that is not what has prevailed. She expressed anger and concern in the matter. Mr. Peacock pointed out that restoration of lots 4, 5, 6, and 8 is now considered complete. A proposed restoration plan for lots 1, 2, 9, 10 and 11 have been received and staff is in the process of reviewing them. A plan for lot 3 was submitted but was returned for corrections. No one further appearing to speak, Mayor Clevenger closed the Public Hearing at 9:59 p.m. Councilmember Anderson reported on her discussion with the Santa Clara Valley Water District wherein it was suggested that Mr. Cocciardi be requested to build a water tank and place reclaimed water in the tank to pipe in the irrigation and sprinkler system. Later in the meeting she stated that if Council plans to have Mr. Cocciardi comply, he should have notice immediately because it will take time to address this type of project. She pointed out this is one method in which drinking water would not be utilized for landscaping. Mr. Toppel clarified that the City has the authority to make that a requirement as part of the overall mitigation plan. Councilmember Moyles said the decision to plant should be guided by the horticulturalist. Mr. Toppel expressed concern with dealing with the restoration plan in piecemeal fashion. He felt staff should return to Council with a comprehensive plan dealing with the entire project rather than one component. The method of irrigation is one critical component of that plan but until the engineering department and the City arborist looks at the feasibility and practicality, he did not feel the City should commit to one method at this point in time. Councilmember Moyles stated the staff report is a good one, is self- explanatory and answers all the questions which require an answer this evening. He suggested Council accept the report with the additional suggestion made by Councilmember Anderson regarding a water tank. He said he would expect to see the issue on the Council agenda the first meeting after June 1, the plans approved so they may be disseminated to the public, and ratification of the balance of the milestone schedule with whatever modifications become necessary in the interim. Mayor Clevenger referred to a letter from the Williams' requesting additional time for submission of their abatement plans. Staff clarified the plans must be approved by the City by June 1. All restoration plans have been submitted to the City which have been or are under review. Councilmember Anderson said she felt it is imperative the Council use strong language in letting those parties know that the City will act on abatement if necessary and felt it is also imperative that there be a stable, continuing water system as part of the plan so that there are ~Q ea~ h~c~ of the daz~u~t. CONSENSUS TO ACCEPT STAFF REPORT AND CONTINUE THIS ISSUE TO THE FIRST COUNCIL MEETING IN JUNE FOR A STATUS REPORT AND, IF NECESSARY, A DECISION ON ABATEMENT ACTION THROUGH THE CITY. Councilmember Peterson returned to his seat. D. Proposed regulations to strengthen development review and implementation process for private development as approved by City Council on February 7, 1990 · City Council Minutes 8 May 2, 1990 Mr. PeacOck, City Manager, referred to the Memorandum from the Planning CommiSsion dated April 18 and reported on the meetings held with the Planning-Commission and a community workshop. He reviewed, in detail, -the C0mmission's comments on the proposals. Regarding items 12 and 13, Mr. Peacock said that although staff does not necessarily disagree with Ithe Planning Commission, staff is comfortable with the changes the City Engineer has made regarding the inspection process and procedures he has instituted since he has been with the City in January. It is believed this requirement is best applied on a case-by-case basis. Councilmember Anderson asked how the fees will be handled. Mr. Peacock reported there will be a standard fee but the issue is whether the actual inspections will exceed the total costs of the norm established in~ the. resolution. If that is the case, the resolution currently allows Staff to bill for the additional costs. Asa. p0int of clarification on item 15, Mr. Peacock reported that the responsibility for design and the plan approval submittals would still remain with the engineer and the consultants hired by the applicant to design ~he project. Once construction starts, there will be no more certification by outside parties who are not directly retained by the city. Control will remain with the City. Mag0r Clevenger opened ~he Public Hearing at 10:iS'- There being no one who wished to speak, MayorClevenger closed the Public Hearing at 10:15. DiScussiOn'ensued wherein Council discussed the revised proposals. Mr. ~Peacock said item 7 would be presented separately. Mr~ Toppel ;eported that an additional item discussed and agreed to by the~Planning Commission was the deletion of the requirement that all work becomp~eted, in lieu of a 150% bond, which staff.agreed to. Councilmember Moyles favored adoption with the changes made by the Planning Commission. He commented on item 12 stating that the change ~eCommended he is ,concerned with is that the obligation for daily inSp~ctiOnlproved to be so onerous that it would be reduced to mere inspRction and no meaningful, in-depth inspection of what is going on. CLEVENGER/~ANDERSON MOVED APPROVAL OF THE PROPOSED REGULATIONS, EXCEPT ITEM #7 WHICH WILL BE PRESENTED TO COUNCIL INDEPENDENTLY. Councilmember Peterson expressed concern regarding item 7. ThE above stated motion was voted upon and unanimously passed 4-0 (StutZman absent). ~Ordinance HP-i? -designating Villa Deodara at 20330 Saratoga-Los Gatos Road as a Heritage Resource Mr~ James Walgren, Assistant Planner, reviewed the Memorandum to City CoUncil 'Ifrom the Planning staff. Ordinance HP-17, which would establish.the landmark designation, has been reviewed by the Heritage Preservation Commission and was found to meet criteria of the Heritage Resohrce Ordinance. The Commission recommends that the Villa Deodara be designated as a Saratoga historic landmark. Mayor clevenger opened the Public Hearing at 10:20 p.m. the Public Hearing at 10:20 p.m. PEtERSON/ANDERSON MOVED TO ACCEPT ORDINANCE NO. HP-17, AN ORDINANCE OF THE C!TY~qF SARATOGA DESIGNATING THE PROPERTY KNOWN AS VILLA DEODARA AT i 20330 .SARATOGA-LOS GATOS ROAD (APN 517-11-003) AS A HERITAGE 'RESOURCE. .Passed 4-0 (Stutzman absent). --Mr. P~acOck stated that the Ordinance has been introduced and will be placed on second reading at the next regular Council meeting. Because 'Councilmember Stutzman is absent, the item will appear under Old 'Business ~ather than consent items. Cit~ Council Minutes 9 May 2, 1990 Mayor Clevenger returned to items preceding Public Hearings on the Agenda. B. WRITTEN COMMUNICATIONS 1) Ellen Kitamura, Mid-Peninsula Housing Management corporation, 430 Sherman Ave., #200, Palo Alto 94306, requesting support for Proposition 107. PETERSON/ANDERSON MOVED TO ADOPT RESOLUTION NO. 2650, A RESOLUTION OF THE CITY OF SARATOGA IN SUPPORT OF PROPOSITION 107. Passed 4-0 (Stutzman absent). 2) Robyn Piontek, Pinewood 8chool, 26800 Fremont Rd., Los Altos Hills 94022, with concerns about preserving open space. Councilmember Moyles suggested that the letter from Ms. Piontek be preserved to be forwarded to the Parks and Recreation Commission along with the Open Space Survey and the information from Friends of Nelson Gardens and possibly the letter from the Willjams' in connection with the Cocciardi issue (the Williams~ requested that the City purchase their property for $1.2 million and add it to the open space inventory). CONSENSUS TO AUTHORIZE STAFF TO SEND REPLY. 3) Residents of Yuba Court, regarding extension of Route 85 sound wall to Seagull Way, with the cost to be borne by the Traffic Authority. Mr. Peacock reviewed meetings held with the residents regarding the existing fences which would remain which would be different from the new fences. The residents requested that the City submit the request to the Traffic Authority. Councilmember Moyles reported that the other residents along Cox who had the same request were turned down because they were too far from the project to meet policy criteria. The residents of Yuba Court are even further from the project. Upon recommendation of Councilmember Moyles, there was CONSENSUS TO DIRECT STAFF FORWARD THE REQUEST AND ASK FOR RESPONSE BACK TO THE CITY. 6. OLD BUSINESS A. Review fee struo'ture for rental of Hakone Gardens Mr. Dan Trinidad, Maintenance Director, reviewed his report'to the City Council. Staff has taken the position that it cannot waive fees and requests Council to provide staff with a clear policy of not giving special rates based on profit/non-profit status and staff recommends against multiple uses at the same time. Councilmember Peterson pointed out that Hakone Gardens is a City park and the public should be encouraged to use the park. He felt that by charging someone $400 to use the park, he did not believe the City is encouraging use of the facility. Mr. Peacock pointed out that the issue is focused only on when Hakone is not opened during regular hours. Councilmember Peterson felt there is a basic issue of t[ying to maximize kh~ i~Q~ D~ ~ko~e ~dens for its presevati~n, its.- upkeep and its development because this is a park which cost the City $100,000. a year tomaintain and is not like any other park. Mr. Peacock reviewed a list of the no charge or non-profit building reservations for 1989. Discussion ensued regarding the fees. Councilmember Moyles said that since the Inner Wheel group of the Rotary Club may be impacted because they have relied on the waiver of fees, he suggested Council excuse that group this year and implement policy. City Council Minutes 10 May 2, 1990 CONSENSUS TO NOT BREAK UP THE PARK USAGE INTO SEPARATE USE AREAS, NOT TO HAVE REDUCED CHARGE FOR NON-PROFIT GROUP EVENTS WHICH DON'T RAISE FUNDS OR CHARGE ADMISSION EXCEPT FOR THE INNER WHEEL, THIS YEAR, AND THAT THE RESIDENT RATE NOT BE LOWERED. AS there were people in the audience to address the Warner Hutton House issue, Mayor Clevenger moved the agenda to New Business item 7b. · A. Warner Mutton House: ~ ~ 1. Report on Warner Hutton House and Furnishings Mrs.'joan Pisani, Director of Recreation, reviewed the memorandum to the'City Council and reported that the Parks & Recreation Commission .approved the recommended Warner Hutton House use and furnishing list as proposed. by the Recreation Department staff. She requested that Council authorize staff to proceed with recreation plans for the Warner Hut~on House and approve additional funds for furnishings. DiScussion ensued wherein Mrs. Pisani reviewed, in detail, the needs 0f theRecreation Department and recommendations including use for tiny tots, teens, meeting space and outdoor rental on weekends for weddings. 2. Letter from Heritage Preservation Commission responding to above report Mr. Walgre~, staff to the Heritage Preservation Commission, reviewed the'memorandum to the City Council and reported that the Commission discussed 'with a representative of the Recreation Department the .proposals ~or'use of the Warner Hutton House. He reviewed the concerns of the Commission including insufficient planning and proposed uses which may not be in the best interest of the City from either an economic point of view or as the conservator of a heritage resource. The Commission requested Council give serious consideration to guarantee that Saratoga has a unique historic asset that is also a revenue generator rather than just another old house. Mrs..~Elizabeth Ansnes Chair, Heritage Preservation Commission, addressed the Council stating that this is not an adversarial .circumstance but that the Commission wants to be assured that any consideratfQn for use of the house, furnishing, etc., will 'take into account this is a unique resource. Later in the meeting Mrs. Ansnes .stated that the Commission would like to see consideration that furnishings and programs are not locked into place. Mayor Cieve6ger reported that there is not enough space in City Hall to.accomplish programs for.which there is a demand. She believes the Warner Hutton House could be utilized to meet the already existing needs'including space for City staff. Councilmember Moyles expressed concern and felt that Council should not authorize ~xpenditure of the money in the budget until all parties come to a consensus on the future use of Warner Hutton House. Subsequently, the entire'cost should be planned so it is not done fn increments. He felt that once all agree on what the mission of the house is, that the uses willdome to light. .Mayor Clevenger suggested that the two Commission representatives meet 'and Com~ t9 agreement. ~3r./~raa~a-3ht~ch~]] ~ctr~s~ ~he~C~uncli21~s'.~L~ce~bz~ r D~ ~e~er~a~e 'Preservation' Commission and as a builder/developer of historical properties.' He agreed with Councilmember Moyles regarding the · ~importancejof slow, deliberate planning. . Mr.1Terrance Ward, Chair, Parks and Recreation Commission, addressed TCouncil .and agreed with the importance of a slow, pragmatic approach to ~ha~lis~the function of the house. He agreed with Mayor Clevenger's -suggestion~ Mrs. Mary Ann Swan, Parks and Recreation Commissioner and childhood spegialistFaddressed Council regarding the needs of families with City Council Minutes 11 May 2, 1990 young children in the growing community of Saratoga. She expressed support for staff's suggestions to Council. Mayor clevenger returned the agenda to Old Business. 6. OLD BUSINESS B. Report on proposed layout for parking limits in Parking District #3 PETERSON/ANDERSON MOVED TO ADOPT THE PROPOSED PLAN. Passed 4-0 (Stutzman absent). Mayor Clevenger requested that a letter of thanks be sent to Larry Tyler and Otto Crawford expressing appreciation for their work in this matter. C. Participation to bring the Giants to Santa Clara County PETERSON/MOYLES MOVED TO ADOPT RESOLUTION NO. 2575.17, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA, INCREASING APPROPRIATIONS AND AMENDING THE FY 1990 BUDGET BY $1,000 TO PARTICIPATE IN THE JOINT POWERS AGENCY TO DEVELOP A PLAN TO BRING THE GIANTS TO SANTA CLARA AND BUILD A BALL PARK; AND AUTHORIZE SENDING FINANCIAL INFORMATION TO SANTA CLARA. Passed 4-0 (Stutzman absent). 7. NEW BUSINESS B. Publicity for Upcoming Hearings - Fence ordinance and Animal Control Ordinance In response to a question from Councilmember Anderson, Mr. Peacock reported it would cost $8,600 a year to place a six-column inch advertisement in the Mercury News, 26 time a year to cover regular Council agendas. Mr. Peacock reported on various public notice requirements. Councilmember Anderson suggested that, on Saturday, Council discuss a general policy for public noticing. PETERSON/ANDERSON MOVED STAFF RECOMMENDATION TO NOTIFY THE COMMUNITY GROUP LIST AND PLACE A DISPLAY AD FOR EACH. C. Skateboard Ramp Rules and Regulations Discussion ensued regarding the rules, which are not being obeyed. Councilmember Peterson suggested that more thought be given to the words and format used in the posted rules and regulations. Councilmember Moyles if the issue develops to one wherein Council must discuss staffing and supervision of the skateboard ramp, and it cannot be self-regulated, he would recommend it be dismantled. CONSENSUS TO REFER TO YOUTH COMMISSION TO REVIEW PROPOSED RULES; AMEND AS NECESSARY AND ADOPT RULES. D. Report from City Attorney on fire code amendments and policy conflict Mr. Toppel reporEe~ Ena~ ne received ~ ~nuxa~ ~11 ~u~ ll~LI ~n~ Chief Of Central Fire who indicated he would like an opportunity to meet with Council to discuss the position of the Fire District regarding fire sprinklers in single-family residences. Mr. Toppel suggested that the item be discussed in a study session with the Fire Chief present and went on to express his opinion that this does not involve any necessary change in language at this point in the 1988 Fire Code but this issue can be severed from adoption of that Fire Code and dealt with separately. Mr. Peacock expressed concern with that process to discuss this item. He suggested that a public hearing be held noticing the public that the City Council Minutes 12 May 2, 1990 requirement for fire sprinklers in single-family residences is 'expresSly not' mandated in this City. Discussion ensued wherein Mr. Toppel stated that a public hearing would suggest Council is considering it as a policy. · PETERS0~/CL~VENGER MOVED THAT IT IS NOT THE POLICY Of THE CITY TO HAVE SPRINKLERS AND THAT THE CITY Of SARATOGA WILL NOT INCORPORATE THAT REQUIREMENT. Passed.4-0 (Stutzman absent). 9. .- CITY COUNCIL ITEMS IA. Endorsement for creation of Santa Clara County Open Space -- Authority - Request by Friends of Open Space MOYLES/PETERSON MOVED ADOPTION OF 2651 ENDORSING THE.CREATION OF SANTA CLARA COUNTY OPEN SPACE AUTHORITY WHICH IS PART OF THE MID-PENINSULA REGIONAL OPEN SPACE DISTRICT. Passed 4-0 '(Stutzman absent). B. ~ Reports from Individual Councilmembers _Clevenger - Mr. Bill Carlson and Klaus Pache have organized a restaurant' association in downtown Saratoga and have requested a meeting with ,Council at a May 22 Study Session to discuss civic representation. Mr. Peacock was requested to organize a meeting for May 22 ~at which Mayor Clevenger and Councilmember Peterson could be ~present, otherwise he could attempt to set up a meeting in June. CleVe~ger'- Discussed her conversation with a member of'the public who was Very upset regarding an article in the San Jose Mercury News entitled "Saratoga Scum on the Water". He talked to Saratoga Springs historian who indicates the reference does not mean scum, but means fast. water'. He is researching correct information which will begiven to Council.and has requested that Council seek an official retraction !from the newspaper.. Clevenger - Mr. Bruce Mitchell would like to be appointed to a school facilities committee which is being organized. Mr. Peacock reported that committee needs someone who can address finance issues and the Deputy Clerk has passed the letter to the Finance Committee for a volunteer. Cievenger - Discussed a complaint from a resident, in the'Cox Avenue construction area regarding an inch of mud in the bottom of his pool -from. the construction dust. CONSENSUS TO HAVE STAFF CONTACT THE CONTRACTORS TO STOP.THE PROBLEM AND DETERMINE HOW AND WHEN THE POOL WILL BE CLEANED. Clevenger - The Giants Committee will meet tomorrow night to discuss RFPs. Santa Clara representatives will serve as Chair and Vice Chair. Anderson - Reported on the Operations Committee meeting last week regarding the West Valley Circulator bus route which is to go across Cox. Theroutes will be reviewed again. Andelrs6n~-"The Cable TV Board will conduct a TV Board sponsored, live debateof Council candidates on Tuesday May 8. CONSENSUS TO MEET AT 5:30.P.M. TO REVIEW APPLICANTS FOR THE PLANNING COMMISSION. Clevenge~ -. Reported that the Sanitation District voted 3:2 to implement the Hillside Sewer District. 10~. ADJOURNMENT at 11:30 to closed session on litigation concerning Draft Environmental Impact Report for E1 Paseo Redevelopment prepared lby city of san Jose and on illegal grading, Clearing and tree removal on Cocciardi/Chadwick development, Tr. 7770, then to May 5 at 8:00 -a.m. at Inn at Saratoga, 20645 4th Street, for Midterm Budget and -Prioritie~ Conference. (Clerk's Note: At the regular adjourned · meeting of May 8, the ConferenCe was rescheduled for May 14 and 15.) iiR~f~ 1~ ' Submitted, i~ictoria ~.'~mn~ ]Minutes CLerk