HomeMy WebLinkAbout07-10-1990 City Council Minutes S ~.RATOGA C I TY C',])UNC I L
~,r aCE+ Civic ~ ~ l_ , , . Fr!~itvale Ave.
'rYe'E: Ee~lu!.ar
.o~ir~cllrr.,?moers :~IMJQr'SOFI, Clevenger, Monia and Vice Mayor Kohler or-esent
~[~: 25 ~' m ~da2zor S.t~tzman was absent.
:l. (:EREN'J,:i:,NiAL ITEMS -
:l'.. ~.',Or. JUTINE ~T
,ft. Report of City Clerk on Pos~in~ of A~enda
F'ursuant t,c} ] vernment Code 54Q~'4 2, the a~'~nda for this meetinK was properly
'--,{' .... oc .lul"" The notice of ad.io~rnmen% from the July 5 race%inS was
pr-eper].y post. ed on july f~.
4. CONSENT CALENDAR - None.
COMMUb!ICATiONS FRO[~! COMMISSIONS AND THE PUBLIC
A. ,:l>[~'tl'., :2OMMUNICAT!ONS
Tom ~edcl:~'' !2 :]1=1~ Latchmen% Avenue. con~rat. ulated the new C. ouncilmembel's
their elect, ion to office. He ~equest, ed that Council consider having a
c,f tL,~o terms in office for Councilmembers and tha~ %he office of Mayor be
:[ecided by ~he voters.
B. WRITTEN COMMUNICATIONS
Council no%ed the le~er dated July 1, 1990 from Ann and Rick Waltonsmith and
others {;r'aina ~he Council to consider the immediate purchase of the Nelson
Garden for ~he purpose of a public educat. ional orchard/garden.
6. OLD BUSINESS
A. Restoration Grading for 'C~act ???0
Mr. S~eve Emstie, Planning Directo~ reported ~hat staff's ~ecommendation is
that Council accep% the rearsdinS proposed for Lo~s 1, o 10 and ~ l. At its
,,]u!y 24 meetir~g., Council will be reviewing a comprehensive revege~ation
program.
A condit, ion on the subdivision approved ten years ago requires an emergency
ac. cer:s ~'oad %o ex%end across propept~r leca~ed in the Williamson Act. Staff
believes implementation of the ~equir-ement, for further construction of this
r'cad in the sensi%ive hillside terrain will result in significant disr~p%ion
to natural terrain causing er~vironmental damage due ~o additional grading
tree removal. Staff believes Council should seriously consider no lon{er
requiring r, he provision of secondary access fo~ emergency
St. all is of the opinion ~he benefits f~om having an emergency access road do
not outweigh the environmen%al damage which would occur with continued
construerich of ~he road. Therefore, it is st, aff's ~ecommendation t. hat
Cc~mcil delete the requirement of ~he emergency access road and approve the
r~gradin{' of the four lots within the subdivision.
!n response to Cc~unei]member Anderson's request for an opinion regarding the
e'.r~er':Een~=y road access, Sat'areas Fire Chief Ernie Krau!e staled that it has
been sr, u~e t'ime sLnee he last, reviewed %his issue. He said he would need to
review [t~formatiot] r,o cemment. s~eeifical]y. However he said when bu~n,~
CLt] ':l:ounL!i! MinL'tes Sy/10./"90 PaS'e 2
t;_~kes ~,[_--,.c.e orz a' large' n, lot off lr. nd with cr~ly one access. a oirQu!ar re, a::! is
Ge ra 'Ly~sp eking, i%~~ s goc,cl fire-fighting l?rac%ioe to have more than one
Mr. ',Ha! Ton. re[j- Cit. v Attorney, re~ort. ed that the C~t.v has the authority
L'evi*:sit.. S%aff.believ'es a benefit environmental analysis Can be done to
de~ebm{ne n~'a damage vs t~;e level c,~ safety that. m~ght be increased ~'~,
c'om~!etL~,n of.the roe,:k. Mr. Toppel advised that Council can consider the
approval} of '~.~e .regrading plan fbr the four lots within the subdivision and
the': emergenC. y ~ess road can be handled as a separate issue if the Council
c~e~d~ mor.e t i.ffl~ to cons ~ der.
Znrespnnse to VLoe Mayor Kohler, Mr. Toome] re~orted tMat the Wi~iamson Act
owne,rs have submitted a notice ~kat they' did ~nt
,~. ~_ wis~ renewal in the
W ~ ~+ ~ 'A&t. The mroperty where the emergency aecess road exists Qas not
cul ,zVa,,ed ~and; but'was ~a?% o~ a ~ua~y wb~eh wtZZ be
CLEV~NGER/MC~NIA"MOVED TO ACCEPT THE REGRADING PROPOSAl, FOR LOTS t, 2, I0 AND
I]' AND RE~D~ [~E SUBMISSZION O~ ~EVI~ED RESTORATION PLANS FOR THE AGRICULTURAL
PRESERVE WESTERLY OF THE SUBDIVISION.
"L ~ '
uanr~ Nie~nara.*' 13217 Padero Court, said she read the report and that this
):st'[ ar~qther ep~ortu~i~,y for bit. Coeciardi to get his t~actors on the hill.
;.he sa ~d r~,... :onStruc..iDn is being done en the Chadwick property other than
movtr:~' d i ~ around and P - ~
,.,, u~ieves this has been an a~.tempt to cover up erosion
~hen{ ~h??e has h,.eenjpi~imal rai~]. ~he expressed~ConoTrn that necessary
when{ cc, nStruct. ion such: as retainina walls will be done. She pointed out that
~.n~_ac nuisance notice states t, he Cit~ would take ever' and begin
restbritk, n :in .F~bruar~r and is concerned with the time lapse.
Vicet ~ayo~ KOhle~ said, he would not object to. having a City inspector
as~i~n_d to the project
Char~!es~Grens,' 13451 Old Oak Way said he lives below the proje'ct in questidn
and 'expresSed' his opinion that this is just a Continuation of the quarry
dm a t said received conflicting reports from staff-regarding the
s--s ~er. , He he
sta~js b~ ~eveg'etation: which was to have been done and agreed that more rigid
inspection must 'be in place. ·
Counbilmem6-~r '~rfderson said it is unclear whether or ndt the road is
necebsarX. s~fe suggested a public hearin~ be held so .that Old Oak Way
residents' m~y 'S~eak tof the issue of environmental .damage vs. the safety
factor of the:emergency road.
'~ ' L'
In ,respOnse ~o .Councilmember Monia, Mr. Larry Perlin, City Engineer, agreed
?hatj it w0uld.b~' h.elpf~l 'for staff to provide Council with'information on key
~ssues as~well as a critical path of events which will be ~aking place. He
~:<DlaL~d *~e the
approved.
Mr, ~op~el addbd that it is anticipated that agreements will be in place to
provide .irr'~gation (Councilmember Anderson nbted it must be reclaimed water)
in t~eab'sence"6f rain. The actions will be coordinated with other
zmprovem~nts wh{ch are conditions of the original subdivision approval.
Thesb issues ~ill be bFought before Council at a future meeting.
Mr. P'eacock st'ated that a schedule of events was prepared in May but could
revised-to show-current estimates. He furthen stated that. staff feels very
s _,r Dgly that the development of this road, which is defined as a temporary
secQ~dary aCcesS ro,ad,~ is an environmental mistake when all ramifications are
considered.
, ~ ,I' ' '-,.
.}
D%scu!:z;s~en ~nsu~d reo~'Y~P,l!iNl~ ,-b,= benefits ','s. environmental ,d~w,::~'~
' ' .... P (;~ID 3 c~n tk at ~'~ d is;f:dvar:ta~'e~:
t]i ll~ide <~eve!opmen~, He believes emer~encv fire e,~iDr~ent should ~ .....
..~ .......... i' _~ ~ m _ pnct,l~raphs ,sf ~.he .r~tre~ before ~fsad i ng
fe~ t, t~;~t., env iro:m~ernsa]ly. the damage has been done.
TP,~ etaova st.~Ced motion TO ACCEPT THE RE"3~r~'3 v'e'~POSSL mr'N lOTS ~ e
~"" ~rc'~ '.SUBM!SSDON OF omVTSED RESFORATiON PLANS FOR THE
AND I ] AND
~,2~r,.-'r~t 'nU~,ar rri~i.,zm~wF ~STERLY OF THE ':NBniV~qTCN ~]AS VOTED ON. Passed
~h-. Peac. c<,i: reiterated that i% is staff's be!ie~ ~hat the road should noS be
built and that the Sii!tctmson Aet parcel should be resScred with major
r'est,i}ration o~ t.he area which wee at one time a quarry.
Mr'. Perlin clarified there are approximately 12 oak trees which must be
removed i:l order +- complete the access road. He s lg~'~stel that Coutiei! tour
~ ',~ ~'i+e fop a better
,:CONSENSUS TO HAvE STAFF ARRANGE A TIME FOR A SITE VISIT AND CONSENSUS TO
AGENDIZE THE MATTER ,:DF THE EMERGENCY ACCESS ROAD TO .JULY 24.
Councilmember Anderson requested input at the July 24 meeting from the Fire
t~-,4~~' arid suggested that Old Oak Way residents specifieaily be noticed.
~a ~;,~ Attorne}z representing ~r. Uocciardi, reported that Richard
M~rray. the !~ndscape architect who will be working on the restoration and
revegetation in the area, was present and will be available between today and
She July 24 roSering to Council or the public.
Mr. Murray reported that the plant material listed in the plan is all
~ ~ ' Regarding the grading, the firm will attempt te restore
,_. ....~ornla native. _
or soften that caused origina!~, by the quarry aotivit. y to cover
considerable amount of the scars,
P,. Amendment to Joint Powers A~reement on Giants Stadium
Councilmember C!even~er pointed out that there is no request for money and
c~reement enables the Stadium Joint Powers Authority to enter into contract
negct indicts,
CLEVENGER/ANDERSON MOVED TO ACCEPT THE AMENDMENT TO THE JOINT POWERS
AGREEMENT BETWEEN THE COUNTY OF SANTA CLARA AND THE CITIES OF CAMPBELL.
CUPERTINO. M!LPITA8, MOUNTAIN VIEW, PALO ALTO. SAN JOSE, SANTA CLARA AND
SUNNYVALE RELATING TO POTENTIAL STADIUM FACILITIES ANALYSIS. Passed 4-0
( Stut. zman absent).
NmW BUSINESS
A. R. esoh~tion Annexing Country Club
Mr. Peacock reported that the application has been reviewed by the lead
a~ercy, LAFCO. which has prepared and adopted a Negative Declaration.
Recommended mirigat, ion measures are ineluded in the Negative Declaration
which shall be adopted as conditions c~n the use permit modification
au,;:dt,n:at'or'. ._ ,_..~ Saratoga Country Club. There are no
envirer~mental impacts which Carlriot he mitigated, the pr'o.jeet. is
t,'Lti,, [r~t;=te iii(~ LAFCC) ~icies governin!' annexation and the proposal will
iN'.% CouFteij adopt th6 reso,!ution.
':20Nlblii::ief;~bep Ai~derso;': expressed concern ~it.h zonirig and {'e~,t v&oomfortable
· , , o ' zoning even though the aiditior:;:,~
qse. She :gl.ti:l sl?,e v.'cu~jd rather consider t, his r'eq~lest with eendi. t.i,Dn~
regardinSC ruth:re toni-~ ircluded
:Poremet:is similiaz' to those of Councilmember Anderson were made to LAFCO. Th
-.l,,;l-rn is with that Of an outright, substantial increase in density ne;,:L
a:,p ,s: ~ _. o.c.. t a there are no guarantees that. the golf' course use at,
thi~ site would r, ot c~hange to a housin~ proposal which would greatly impact
t. he!open space. She stated tha~ %he concern is not only with ~his proposed
:r.::r~ :::ation but with anv ~nnexation occur "~ff in %he hillsides thus affeotin~
Coujcilmember Cleveni'er ;.usked if whether or no% the City could annex She
pai.",zlel and make it very clear %hat a process has been started ~o revisit
or'oDerr, y %D :hake density much lo~er. As of t. oni~'h% the li%v's new ~hilosophy
'i
and new f--ules are now in pllce. She asked for clarification on how %he City
can avoid gettin{ looked int. o %he present two-acre zoning.
M n~el r ~o ~d +h~ Cltj an announc~ l~s intent ~n %0 amend 1%
re~9. lations which sh,__~td he d;ne immediately. LAFCO r-equires that the
be ~re-zonec~ for the annexation. The NHR zonin~ may be appropriate for the
area for which it, new applys but everyone a~rees that it, is not appropriate
for addit. ion:~.l ht]lside areas t:, be annexed into the City.
Mr. T~ppe~ clarified that by comments made this evening, by notation in the
reccro aria as an amendment %o the resolution to be adopted. Council
e:-:pr~ess the int. en~ion 'of this City to adopt a new zoning category to be '
app!lied to ~his property providing for a hillside density of 20-160 acres pe
dwr~illing uni~. St-af~ can immediately proceed in preparation of regulations
' ~ ~ district. No%binS inthe resolUtiOns adopted by LAFCO or
~.o c,r'_a%~ that
oor~dttions of the Negative Declaration would prevent the City from rezonin~
thi~ property once it has been annexed. In the meantime, any proposed
a_.ve~ooment for tha% property could co~ne before the City in the form of a
perz'~it~application which would then go through the public hearing process.
nv an-~ex n~. %he City~does not lose any options to fezone.
In Nesponse to a question from Vice Mayor Kohler regarding whether Council
scull{ conslder Agricultural Zoning as an option for this parcel, Mr. Peacock
exeZlained why it would not necessarily create less density than the NHR
zo}~ilng does now. He agreed with Mr. Toppel that the resolution should
inollude an araendment to indicate the Cit. y's intention to rezone the property
mo ~e more consistent with the existing County zoning on the property as it
exmsts in unincorporated area.
DisJussion ensued regarding zoning and zoning requirements.
C;uJ_ilmember Monia asked for clarification regarding whether the City is
w tHzn ~*~' Lqghts to pro-condition the annexation so that if the parcel
subdivided in the future a certain amount o~ the parcel must be donated as
oreB space. Mr. Toppe! responded that although he does not know of a legal
process to establish that condition in N~e context, of an annexation. it
so~ ~t ~ing the City can' review when zonin~ regulations are established for-
new district-
In mssponse to Vice M~yor Kohler re~arding why the City would want to accept
addilt, iona! liability by annexing the Country Club, Mr. Toppel said it is a
' ~c~- Council to decide. From a legal point of view, if the
poli oy ~ssue ~ ;~
property is in the Cit", the City' would have control over what is done with
~he mro'L,e?t,y. The City can adopt its own r-egtllatior~s if those on the NoDks
-,~ :7~,~.V~-=, ,~:~ i~.~. ~ MOVED ':"' APPROVE ANNEi>'iATIO[q APPLICATb.i>N OF ~F PROPERTY
:?"T? CiTY qONTROL, "~' THE C<)IINT~Y ,~T nD ACTP'.ZlTY AND NqUICATE ~'~E
.... .~,.::-,.~ ~'~'~', P mm~' .,_. n~ MORE ~...., .... T~ I,'!ITH COUNTY
I?~.~c~ ~'si-n ens~ied :ed~rding the wo~d~l]~ of the amendmen~ to the
~t warj {,3%nted out that LAFCO hss previously appPeved the Negative
The ~ " -~"' .....~ r eti n
CLEVENGER,'}21DERSON ~ICVED TO APPROVE ~PeO~ tiTTON NO. 2670 ~ RESOLUTION OF
,.r,Pv COI.N(:IL ,'~m THE C~TY OF SARATOGA. APPROviNG AND ORDERING Ab~NEXATtON
Pure c!l"~ OF ,--PD~.z l~,~ ~!b!CORPORATED TENRITORY COHHONI, Y KNOWN AS
COrJNTRV _'i 3P, i~ND THAT THE CITY COUNCIL FURTHER EXPRESSES ITS INTENTION TO
REZOblE THE PRDPERTY TO A HILLSIDE DISTRICT COHPAT!BLE ~ITH THE COU~{TY ZONING
OF 20-iG:,:i~ .,-.:,~,,:, t:,nu~ DWELLIb~G nNTP AND ZOiqlbG REGULATIONS PROVIDING FOR
DEDICATION OF LAND TO THE EXTENT AS HAY BE PERMITTED BY LAW. Passed 4~O
B. P,:b~ioity for Upcoming' H~a~; ..... Offensive Cc;L'~duet Ordinance;
DeSar~ka F.,oadine' Zone Ordin5tnce; Veilrisky Modification of Design
Re'.,'i~=~w: ~.ro,z, kside Club Appeal.
Mr. Pea. coch 3rief!'.' reported on the upcoming heaPtnSs and reported ths~
vamh:,.~s interested ~Poups will be sufficiently noticed.
CONSENSUS TO APPROVE PUBLICITY FOR UPCOMING HEARINGS.
Vice Mayor KohieP declared a recess e% 9:35 p.m. Upon reeonvenin~ at
p.m. the same Councilmembers and staff were present.
8 PUBLIC HEARINGS
A. Hearin{ in Connection with Landscaping and Lightin~ Distriot LLA-
Mr. Peacook reported he is in receipt of an affidavit of the proof of
pubLi. c.e%ion arE] post. in~ of notHies.
Vice HaSor Koh!er opened the public hearin~ a% 9:49 p.m.
No one appearin{ Eo speak Vice Mayor Kohler closed the public hearin~
9: 50 p.m.
CLEVENGER,"ANDERSON MOVED TO ADOPT RESOLUTIOb~ NO 1{6{9. 4. A RESOLUTION OF
CITY OF SARATOGA. OVERRULING PROTESTS AND ORDERING THE IMPROVEMENTS AND
CONFIRMING THE DIAGRAM AND ASSESSMENT. Pas~ed 4.-0 (Stutzman absent).
B. Adoption and Modification of the 1988 Editio~ of Uniform Fire Code
Mr To~,~.el ?epor-%ed e}.~' every three years the cedes are revised. The
Uniform Fire Code was not appr'dved at ~be time ~he other codes were
oons%dered sc that the two fire chiefs could mee~. confer and make
r~commendations. He requested %hat Council simuu!~aneously open the public
hear'in~ for item Be., %he adoption of the model Toxic Gas Ordinance, an
'aTen<~ment %be !98~ edition of %he Uniform Fire Code The chan~es are ver}r
muoh the same as the City of Cupertino,
V%,. M~>'ou Kohler i.~peni!d the i-,~,'::l ie he:~rinE' un ~he adoption at>!
'}yd ' nerl,_,e a,% 9: 54 p.
~:~ [ i,=n~e br-~,i!/ e=.pl.E;zneqf z. ha. aec'esslt>' Icr the c,c, dr- and Mr. Tor,bel
. ~ . .... oilf t}'i~r, x l ! ch,9,[i~es rna<[e Pepresent [noTe st. rh ger t reqt i Demerits. '
uL]C M'kVDr [{O~'31°'' ,i!C;~Xl Uhe .... ~";-' hearLn~ at 9:5~1 p.r;i.
P'~ "'~n 'aunPP=~' ~ MOVED TD Ammp'WE THE INTRODUCTION OF AN ORDINANCE OF THE
F~' ~SA~nTO,zA aME~ln, I~u~ Z%~mTch~' 16__9,-~ OF TUN CITv CODE TO ~oP~' zun MODIFY
!,}:et:[ FDIT.r(-,u ,mr rn,~Tm,'-~P~{ F'Rm CODE AND THE REINTRODUCTION CF AN ORDINANCE
~'~lr z~ ~ TNE F[EK CODE TO ADD ~;'~"~ ~' 8B COb~CERNING TOXIC Gaq=a
Nh'.~ Pe~e. ouk ~eport. ed :that'. r-he second readin~ end adoption of both ordir:an,'ses
arE} suhedu!ed fol the next. Council meeting orl July 24, 1990.
o ' CITY COUNCIL. ITEMB
dl. e ze~er - discussed the tradition of gift exchange with representatives
fro{n Sfarato6a..Si~t. er-City, Muko-Shi .Japan. She believes that the City of
c,a.a -ona should pay ~er +~ gift Councilmember Anderson agreed and it was
requested thatl the issue be a~endized at a future meeting under Councilmember
C!,TM ~{ng~B - reported tfe need for a let{or from Mayor St tzmar %~ ~ive t'~ the
._.tz,ter-~t,_.y s~.~d~nts, ~or Mayor Tamlakl, when they v~stt nn ,n~n-; 27
re:/,trtel[ that'ia 8'ift 3f a pic~ire of scSnes in Silatoga'wi!l'bS'~iven
',=iF;jitlr:iS st~:~dent. ;F,h~ reported on upcoming meetings with the Si}3ter-City
C]e~ven~er - d'iscussed, a letter directed to the Traffic Authority. Conser. sus
that the letter be sent.
Nor,3a expr'~ssed toncorn with the lengthy City Council A~enda for .Iu]y 24.
Hr. Peacock said the Deputy Clerk will review the agenda to determine items
-,~hieh may Be held over to another meeting. ' '
...
[<ohJler= -- requested the matter of supplyin~ coffee at City Council Meetin{s be
ag~hdized.
I
anderson - discussed her concern with the brightness and the late hours the
!i~bts at the-Paul Masson Winery are left on. There was consensus to write a
,.nuers~sn suggested that representatives of the TechnOlogy Museum be
t~.i'f'ied
no ~ ,~ ~ Saratoga has approved the requested donation.
tO., 'CLOSED SESSION ~r'. Peacock an'nounced there was nothing new to report.
~ ~ ~ AD.5OE!RNMENT
Vice M~yor Kohler adOg_trned the meeting at !0:15 p.m. to July 24 at. 7:30 p.m.
Rp ~' ebtfu i Ly .s'.Clbmitr. ed,
.._n..{,~gs Clerk