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HomeMy WebLinkAbout09-19-1990 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, September 19, 1990 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting The meeting was called to order by Mayor Stutzman at 7:30 p.m. Mayor Stutzman announced that the Council is beginning to institute a public participation policy wherein members of the public may address the Council on items of public interest within the jurisdiction of the Council. Mayor Stutzman proceeded to define the public participation policy. 1. ROLL CALL Councilmembers present: Anderson, Clevenger, Kohler, Monia, and Mayor Stutzman. 2. CEREMONIAL ITEMS A. Resolution commending Richard Dyer for Service on Library Commission MONIA/ANDERSON MOVED TO ADOPT RESOLUTION NO. 2684. PASSED 5-0. B. Resolution appointing Richard Brenner to Library commission MONIA/ANDERSON MOVED TO ADOPT RESOLUTION NO. 2685. PASSED 5-0. C. Administration of Oath of Office to Mr. Brenner City Manager Harry Peacock administered Oath of Office to Mr. Richard Brenner. D. Proclamation on Adult Day Care Week Unanimous consent proclaiming September 16-22 as Adult Day Care Week. Mayor Stutzman made a formal Proclamation presentation to members of the City~s Adult Day Care Center. 3. ROUTINE MATTERS A. Approval of Minutes - 8/27~ 9/5~ 9/11 CLEVENGER/ANDERSON MOVED TO APPROVE THE MINUTES OF AUGUST 27, 1990. PASSED 5-0. Pertaining to the Minutes of September 5, 1990, the following corrections were made: On page 3, paragraph 4 from the bottom, Councilmember Clevenger requested that Patrick Clark~s name be amended to Patrick Kwok. Councilmember Monia inquired about the action taken in Closed Session regarding the evaluation of the City Manager. Discussion ensued. There was consensus to place confirmation of action on agenda of October 3 meeting. On page 9, Item 6-B, Councilmember Monia asked for clarification regarding Staff appointing representatives from the community to the Senior Housing Citizens Task force. Minutes amended to read: "Council to screen and recommend candidates for appointment by the City Council." ANDERSON/MONIA MOVED TO APPROVE MINUTES OF SEPTEMBER 5, 1990, AS CORRECTED. PASSED 5-0. CLEVENGER/ANDERSON MOVED TO APPROVE MINUTES OF SEPTEMBER 11, 1990. PASSED 5-0. B. Approval of Warrant List CLEVENGER/MONIA MOVED TO APPROVE WARRANT LIST. PASSED 5-0. City Council Minutes 2 Septemberfig, 1990 C. Report of City Clerk on Posting of Agenda Mr. Peacock announced that pursuant to Government Code 54954.2, the agenda.for this meeting was properly posted on September 14. 4. CONSENT CALENDAR At the request of Councilmember Kohler, Item H was removed from the Consent Calendar, and action was later taken on this item. A. Plannlng Commission Actions, 9/12 - Noted and filed. B. Ordinance 71.84 adding an article to the City Code requiring a special permit to engage in motion picture filming (second reading and adoption) C. Authorization for Emergency Preparedness Coordinator to attend California Specialized Training Institute Classes in San Luis Obispo, September 24-October 5, 1990, with reasonable and necessary expenses. D. Treasure~s Report - August E. Investment Report - August F. Financlak Report - August e. Proclamation for Paratranslt Month H. Proclamation for United Nations Day I. Annua-1 Report on Status of Hillside Development Fee Fund J. Memo from City Engineer re: Route 85 SPRR Trestle over SaratogalCreek CLE~rENGER/MONIA MOVED TO APPROVE CONSENT CALENDAR WITH EXCEPTION OF ITEM H. PASSED 5-0. Regarding-Item H, Councilmember Kohler stated that the Proclamation for United Nations Day should be an item of national interest and not a local issue; therefore, he opposes it. CLEVENGER/ANDERSON MOVED TO APPROVE ITEM H OF THE CONSENT CALENDAR. PASSED 4-1 (KOHLER OPPOSED.) 5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS William H. Perett~, ~13485 Old Oak Way, Saratoga, presented a letter dated September 19, 1990, to Council regarding hillsides damage along Quarry Creek. His presentation focused on the City repairing the damage. ' Councilmember Monia recalled that Council had previously approved the regrading of the proplerties back to their closest original revegetation state. Councilmember AnderSon responded it is her understanding that the Corps of Engineers (tOE) has not approved the revegetation plan. She further stated that the COE failed to appear at a meeting scheduled with City staff a few months ago. Discussion ensued. ~ouncilmember Anderson stated she would be willing to meet the COE in san Francisco, if necessary. CONSENSUS I8 FOR STAFF TO PROVIDE AN UPDATED REPORT TO COUNCIL AT MEETING OF OCTOBER 17. City Council Minutes 3 September 19, 1990 B. WRITTEN COMMUNICATIONS 1) Phll Jacklin, Wildwood Heights Homeowners Association, requesting enactment of a View Ordinance. Mr. Peacock reported he spoke to the City of Tiburon Planning Director regarding the view ordinance which Mr. Jacklin is suggesting as a proposed model for the City of Saratoga. Tiburon staff indicated that they have recently lost some court cases on the ordinance. It is also taking up significant amounts of staff and Council time to administer because of the appeals process, and it has created a bitter feud among neighbors. Mr. Peacock related that Tiburon is working on redrafting the ordinance and it will be several months before the new ordinance is adopted. Mr. Peacock suggested that Council not go forward on this item until a modelordinance is in-place. Councilmember Anderson'suggested that if Wildwood Heights Homeowners Association has CC&Rs on their properties, they might consider trying to incorporate this issue into their CC&Rs while the City is working on an ordinance addressing the problem. CLEVENGER/MONIA MOVED TO DEFER THE ITEM FOR SIX MONTHS.- PASSED 5-0. 2) Mary Jeanne Fenn, Friends of the Saratoga Libraries, requesting use of entire former library building. Mr. Peacock' presented the Staff Report to the City Council dated September 19, 1990. He narrated that Staff is recommending notice of termination to VITA for non-payment of rent under their basic agreement. He is asking Council to decide whether they want to offer that space to other eligible community groups. Mary Jeanne Fenn, 20101 Chateau Drive, Saratoga, addressed the Council as Manager of Book-Go Round, the Friends of the Saratoga Libraries used book store. Ms. Fenn indicated they are interested in the space if it becomes available, and offered to answer any questions of Council. Councilmember Anderson asked if VITA is aware that this item is on tonight's agenda. Mr. Peacock responded that VITA has been before the Council on several occasions and in June they were told what was coming down. Discussion ensued. CLEVENGER/ANDERSON MOVED TO NOTIFY VITA THAT THE CITY IS GOING TO BE LOOKING FOR A TENANT FOR VITA'S HALF OF THE BUILDING, AND ASK VITA IF THEY ARE INTERESTED IN SUBMITTING A RENT'BID, THEIR APPLICATION WILL BE CONSIDERED ALONG WITH OTHERS WHO ARE INTERESTED. Mayor Stutzman asked for clarification of the motion. Councilmember Clevenger responded that any organization which provides a public service to the community will have an opportunity to bid for the space. Councilmember Anderson amended the motion to include agendlzing issue for next meeting so VITA can attend. Councilmember Clevenger accepted amendment. Councilmember Monia signified he would vote against the motion because giving VITA the possibility of paying a lower rent after not paying their current rent would be setting a poor precedent. He felt the proper thing to do is to serve a notice and, after a general hearing, decide what the next step will be. Councilmember Kohler suggested including a condition where VITA would have to make payment. THE ABOVE STATED MOTION WAS ACTED UPON. PASSED 3-2 (KOHLER, MONIA OPPOSED.) City Council Minutes 4 September 19, 1990 ANDERSON/MONIA MOVED TO SEND VITA A 30-DAY NOTICE OF TERMINATION FOR NON-PAYMENT OF RENT. Passed 5-0. 3) Homeowners on Piedmont Rd. with complaints about events at Montalvo. Mr. Peacock recounted that Staff has compiled a list of documents relating to the work they have been doing over the past few months with Villa Monta~vo neighborhood. He stated that the solution is to have Villa Montalvo apply for an amendment tO the use permit. The matter is scheduled to be heard by the Planning Commission on October 24, 1990. 4) Miles Rankin, 14506 Big Basin Way, requesting stricter enforcement of sign ordinance. The City Manager referred to his-report to the City Council dated September 19, 1990. He Spoke to the Realty Eoard and they want to cooperate with the C~ty to reach a solution to this problem. MONIA/ANDERSON MOVED TO REFER THIS ITEM TO THE PLANNING COMMISSION FOR REVIEW AND POSSIBILITY OF ORDINANCE CHANGES TO MEET THE CONCERNS EXPRESSED IN THE CITY MANAGER'S REPORT. PASSED 5-0. 6. OLD BUSINESS A. Soundwal! Height Negotiations - Letter of August 30, 1990, from Traffic Authority Mr. Peacock announced that the City has received a reply from the Traffic Authority regarding the sound walls on Route 85 through Saratoga. He reported that the areas around the Quito intersection are not being designed to have walls, instead they are being designed to have berms that are 20' high. Mr. Peacock pointed out that Council needs to examine sound attenuation and whether or not the residents feel berms are a better idea than soundwalls. Mr. Peacock remarked that the Council has settled with the neighborhoods on Prospect Road so there are no issues of 16' walls there. However, he asked if the Council is committed to having 16' walls in front of Kevin Moran Park and Congress Springs Park since they don't back up to any residential dwellings. Councilmember Clevenger questioned the reduction of $1.1 million in construction costs and why that money could not be used for the soundwall. Will Kempton of the Traffic Authority addressed the Council. He responded that the soUndwalls currently being designed are based on the fact that there is sufficient right of way in certain areas of the corridor. Mr. Kempton noted that the possibility of using berms for soundwalls'are a value engineering effort. The Traffic Authority has not formally approached the corridor cities about this proposal but plans to do so before implementation. Lengthy discussion ensued. KOHLER/MONIA MOVED TO DIRECT STAFF TO CONTINUE NEGOTIATING WITH THE TRAFFIC AUTHORITY FOR THE BEST POSSIBLE SOLUTIONS TO IMPROVE THE SOUNDWALLS. PASSED 5-0. Councilmember Anderson indicated she wants to be sure that neighbors are aware of this i. ssue and get an opportunity to provide input. Councilmember Anderson stated there a few little pockets in the City which will be affected by the soundwalls project and their residents did not have representation at the last public hearing. MONIA/CLEVENGER MOVED TO SET UP A SUBCOMMITTEE OF ONE (COUNCILMEMBER ANDERSON) TO REPORT ON THE' POCKETS AREAS IMPACTED BY THE SOUNDWALLS PROJECT. PASSED 5-0.' City Council Minutes 5 September 19, 1990 MONIA/KOHLER MOVED TO RE-AFFIRMTHE CITY CO~NCIL'S POSITION IN RESPONSE TO THE TRAFFIC AUTHORITY'S LETTER OF REPLY DATED AUGUST 30, 1990. Passed 5-0. CLEVENGER/ANDERSON MOVED TO NAME COUNCILMEMBERS MONIA AND ANDERSON TO NEGOTIATE WITH THE TRAFFIC AUTHORITY. Passed 5-0. Councilmember Anderson indicated she would like to work with the Traffic Authority staff in setting up the meetings for the pocket areas and would like for Mike Kotowski to attend the meetings as the Traffic Authority representative from the Saratoga area. Mayor Stutzman declared a recess at 9:25 p.m. The meeting reconvened at 9:40 p.m. with Councilmembers Kohler and Clevenger and Mayor Stutzman. Councilmembers Anderson and Monia returned at 9:44 p.m. At the suggestion of City Manage~ Peacock, Mayor Stutzman moved the agenda to item 7-B. B. Consider adopting a buildlng moratorium on houses over certain sizes, second stor~ additions, development requiring design review hearings, and land divisions in the HC-RD, NHR and A zone districts (requires 4/5 vote) City Manager Harry Peacock presented the Staff Report to the City Council. Mr. Peacock announced that the proposed ordinance would place a moratorium on certain construction and certain land division approvals in the City of Saratoga for a period not to exceed 45 da~s. During the moratorium period, the City Council would be required under State law to hold a public hearing on the ordinance continuation. A 4/5 vote is required to impose a moratorium.' Mr. Peacock described the ordinance as basically placing a moratorium on any land division in the NHR, HCRD and A zoning districts in the City. It would place a moratorium on any new design review application which requires approval by the Planning Commission and a public hearing in accordance with the. current standards in the Municipal Code. Additionally, the ordinance would put a moratorium on any multiple- story dwelling which would be constructed in or added to in an infill lot in the City. Finally, Mr. Peacock stated that the ordinance, as presented tonight, would prohibit the submission of applications for a design review during the time the ordinance is in effect where the applicant is asking for site coverage for allowable floor area for buildings and accessory structures that would total more than 75% of what is currently allowed under the zoning ordinance. Mr. Peacock then displayed an overhead graphic spreadsheet entitled "Allowable Square Foot Worksheet 9/90," and proceeded to give an example of how the ordinance would apply. The City Manager went on to say that this ordinance would not apply if an applicant is already in the City process. He noted that the moratorium would not affect any commercial zoning nor multi-family zoning, only single family zoning. Discussion ensued between Mr. Peacock, Mr. Toppel and Councilmembers regarding who and what the moratorium might or might not affect. Mayor Stutzman announced that comments would be heard from the public. Gregory Sterling, 20617 Mapletree Place, Cupertino, addressed the Council. Mr. Sterling wondered how the moratorium would affect a County area which falls within the sphere of influence. He commented it is his perception that the notification process for the proposed ordinance is inadequate, and questioned the City's notice to the citizens affected. Jeff Benzing, 21107 Michaels Drive, noted that he has been in the planning stages with an architect for sometime and will be submitting his plan for design review for a two-story residence on a one-acre lot within two weeks. He questioned the City's notice of the proposed ordinance to its citizens. City Council Minutes 6 September 19, 1990 Art Mandell, 14950 Sobey Road, asked for a definition of "urgency." He mentioned he gets the feeling more of the variances are coming from people who want larger homes. The moratorium is not in step with what Saratoga .residents want. Councilmember Monia .responded that one of the major problems is the inconsistency in the ordinances and applicants are being drawn out much longer than the process should take. Councilmember Monia remarked he would like to see the process done in six months maximum, but in order to do that, it takes'time to get the process together. Mr. Mandell suggested that the Council write codes that conformto what the community wants and not compromise the nature of Saratoga. Ron Lee, 60620 Sigal~Court, asked the Council to examine an amendment to the ordinance which takes into consideration those who have been in the design process for a number of months. Mr. Lee conveyed that a moratorium would affect housing values in general in Saratoga. Marie Rose Gaspar, 14~753 Pierce Road asked what legal right the Council has to invoke a moratorium. City Attorney Toppel replied that the Council is operating under an express provision of!the Government Code which authorizes this type of action. Theodore Hart, 20431~Williams Avenue, asked in the urgency ordinance means there has to be an immediate current threat to public health, safety and welfare.i Mr. Hart is not happy about the notification process. Scott Cunningham, 14875 Saratoga Avenue, stated that the reduction of building area will affect the tax base and devalue the properties. Michael De La Cruz, 12221 Brookglen Drive, observed that the moratorium would cause a financial hardship for Saratoga landowners. He suggested that the proposal be put on the ballot for the community to decide since it would have Severe financial repercussions. Charles Masters, 21764 Congress Hall Lane, strongly objected to the moratorium, and felt it is not sufficient to call it an urgency ordinance. E. T. Barco, 1910 Camino Barco, ardently urged the Council to defer the issue to the Planning Commission to ascertain whether it's needed, and if so, for how long and for what subject. Richard Siegfried, 13~388 Surrey Lane, addressed the Council as a member of the Planning Commission and resident. Mr. Siegfried spoke of Section 4 and Sections B and C pertaining to the heights and sizes of structures. He encouraged the Council not to pass a moratorium which prohibits conversion or construction of a second story in a neighborhood alreadylpredominant with second story dwellings. Dr. Steven Tager, 13983 Pike Road, is planning a home on Pike Road and in the process of attempting to build. He stated he is not against the moratorium or agains~ resolving problems, but suggests postponing any action on a moratorium and instead invest time and energy to determine what is best for residents of Sartoga. He recommends placing the issue before City voters. Ray Ostby, 14467 sobey Road,. commented that when a moratorium is placed, residents cannot sell their homes. He asked the Council to consider how many j6bs (i.e., architects, plumbers, landscapers, contractors, etc.) will be lost. Jack Eitzen, 14676 Stoneridge, has been designing his house for quite sometime and is looking to building his dream house. He is upset he wasn't warned of theiproposal. Bob Shepherd, 20665 L0mita Court, emphatically stated the Council needs to give notice of its intentions. In order to adopt the ordinance, Council must find that there is immediate threat to public safety, City Council Minutes 7 september 19, 1990 health and welfare. Jeff Johns, Acting Executive Officer of Los Gatos-Saratoga Board of Realtors, asked the Council to examine what their timeline to correct the problems would do to the citizens of Saratoga. He stated that realtors are available to show the "devastating" results of moratoriums. Dave Ball, 18549 Paseo Tierra, has gone through design review process trying to build a second story to his home but was denied. He is trying to redesign, but the moratorium will only create more problems. Shelley S. Williams, Jr., 11951 Brook Ridge Drive, asked the Council to consider the impact on City income in terms of building fees lost. Brian Dunnivan, 2251 Grand Road, Los Altos, addressed the Council as a representative of Saratoga Pacific Oaks which is developing the San Marcos Heights Development. Mr. Dunnivan submitted a report dated September 19, 1990, requesting that the Council exempt the subdivision from any moratorium which may be passed. Gene Zambetti, 14510 Big Basin Way, requested that the ordinance not be adopted tonight and asked for a public hearing within 45 days. Councilmember Clevenger comments she is very concerned about the noticing and it bothers her' that there are some people who have not had an opportunity to speak. She feels there are some details that need to be corrected, there is a need to revise ordinances from time to time, and that changes need to be made now. She sees the need to address the two-story issue, but does not see an urgency and is uncertain that a moratorium is needed at all. Mr. Peacock stated that revising a standard does require amending the ordinance. Councilmember Anderson asked if it is still necessary to have a public hearing. Discussion ensued and Mr. Peacock explained the process for passing the ordinance and that public hearings are required by state law. Councilmember Anderson agreed with Councilmember Clevenger's concerns. She was not satisfied that an adequate amount of noticing was done and she cannot find an urgency for the ordinance and will not be voting for urgency. She stated it was never her intent to stop all two-story houses in the first place and she agrees with Planning Commissioner Siegfried. She is not willing to basically outlaw two-story houses. Councilmember Anderson sees a need for a major revision of the hillside policy. Councilmember Monia expressed agreement with Councilmembers Anderson and Clevenger regarding the notification issue. He fails to understand the two-story ordinance putting focus on areas that are not major problems. Councilmember Monia articulated there is a need to address sections of the ordinances so that the City can give better definition earlier in the process to developers and homeowners. Mr. Monia suggested meeting with Planning COmmission. Councilmember Kohler feels strongly that the Council's intent needs to be noticed and there is no reason for a moratorium to last six months or longer. Mayor Stutzman essentially agrees with what other Councilmembers have said. Mayor Stutzman addressed the audience, commenting on the community's vested interest in what they wish to accomplish. He pointed out that a public hearing would definitely be in order so that the Council could achieve some consensus so the City has guidelines the Planning Commission, the Planning Department and the Council can abide by. Lengthy discussion ensued regarding scheduling the public hearing. CONSENSUS WAS FOR THE COUNCIL TO DISCUSS THE SECOND STORY ISSUE AT City Council Minutes 8 September 19, 1990 THEIR SECOND MEETING IN OCTOBER PRIOR TO A JOINT MEETING WITH THE COUNCIL AND PLANNING COMMISSION ON OCTOBER 30 REGARDING HILLSIDE DEVELOPMENT (ADJUSTING SLOPE DENSITY) AND REDUCING SIZE IN THE FLATLANDS. Staff to proceed to develop revisions to house size, setbacks, and lot sizes in the NHR, HCRD and A zones for hearing by the Planning Commission.~ Mayor Stutzman returned to unfinished business preceding Item 7-B on the agenda. 6. OLD BUSINESS (continued) B. Capital Improvement Plan (continued from 9/11) Deferred to next Council meeting. C. Councll Expense Allowance - Ordinance amending Section 2- 10.180 of the City Code to change allowance from $150 to $250 per,month ANDERSON/CLEVENGER MOVED TO INTRODUCE ORDINANCE BY TITLE ONLY, WAIVING FURTHER READING. PASSED 5-0. D. ResolutiOn 2686 affirming Planning Commission Decision in Lavin appeal of Head applicatlon heard 9/5 MONIA/ANDERSON MOVEDiTO APPROVE. PASSED 5-0. E. Noise Complalnts concerning Village Restaurants - Report on Staff]and Commission Actions Mr. Peacock reported!that Staff has found no violations. Received and filed. 7. MEW BUSINESS A.Santa Clara County Traffic Authority - 1990 Strategic Plan - Presentation by Will Kempton Since Mr. Kempton had excused himself earlier in the evening, no presentation was made. Councilmember Clevenger commented that Cupertino and Los Gatos are getting much more money while Saratoga's projects are actually saving money. (Clerk's note: Item:7.B. was considered beginning on page 5.) C. Policy on city councll Endorsement of November Ballot Propositions CLEVENGER/KOHLER MOVED NOT TO CONSIDER ENDORSING NOR OPPOSING ANY PROPOSITIONS. PASSED]5-0. D. Request !from Village Merchants for Implementation of Restricted Parking in Village Parking District #2 This item was continued to October 3. Household Hazardous Wastes (added to agenda) Mr. Peacock asked to~add an item to the agenda pertaining-to the Household Hazardous Wastes program. He stated that in the Council's budget deli!berations, it was decided that Saratoga would not participate in a quarterly event of their own, but would continue to participate in an annual event with the other three West Valley cities. Todd Argow has been .in contact with Cupertino, Mountain View and Los Altos, who will hold a drop-off day on October 13. He requested Council's consent to!work with three other cities. CLEVENGER/MONIA MOVED TO PLACE ON THE AGENDA. PASSED 5-0. CLEVENGER/MONIA MOVED TO AUTHORIZE STAFF TO WORK ON A JOINT AGREEMENT WITH OTHER CITIES. Passed 5-0. City council Minutes 9 September 19, 1990 8.PUBLIC HEARINGS - None. 9. CITY COUNCIL ITEMS A. Reports from Individual Councilmembers Councilmember Clevengr announced she has appointed Peter Smith to the Task Force on Tract 7770. 11. ADJOURNMENT The meeting was adjourned at 12:05 a.m.to September 29 at 8:30 a.m. in the Council Office, 13777 Fruitvale Avenue. Respectfully submitted, Lynda Ramirez Jones Minutes Clerk