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HomeMy WebLinkAbout11-20-1990 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Tuesday, November 20, 1990 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Adjourned Meeting 1. ROLL CALL The meeting was called to order at 7:30 p.m. by Mayor Stutzman. Councilmembers Present: Clevenger, Kohler, Monia, and Mayor Stutzman. (Councilmember Anderson arrived immediately after Roll Call.) 2. CEREMONIAL ITEMS There were no ceremonial items. 3. ROUTINE MATTERS A. Approval of Minutes - 11/7~ 11/13 CLEVENGER/KOHLER MOVED APPROVAL OF MINUTES OF 11/7 WITH THE FOLLOWING CORRECTIONS: 1. Councilmember Monia requested that the record reflect that he abstained from voting on Item 6-E, Selection of West Valley Cities Representative to the Congestion Management Agency, on page 6 of the Minutes. 2. Councilmember Monia amended item #10, third paragraph, third line to read," .... the City was looking for heav~participation from the Friends .... MOTION PASSED 5-0. i MONIA/CLEVENGER/MOVED TO APPROVE MINUTES OF 11/13. PASSED 5-0. B. Approval of Warrant List CLEVENGER/ANDERSON MOVED TO APPROVE WARRANT LIST. PASSED 5-0. C. Report of Clt~ clerk on Posting of Agenda City Manager Harry Peacock announced that pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on November 16. 4. CONSENT CALENDAR ANDERSON/CLEVENGER MOVED TO APPROVE CONSENT CALENDAR WITH THE EXCEPTION OF ITEMS 4-A AND 4-F. MOTION PASSED 5-0. A. Planning Commission Actions - NOted and filed. Item was removed by Councilmember Monia. Mr. Monia questioned the density level of Peninsula Townhomes Associates project, item #7 of the Planning Commission Minutes. He stated that the density level is much higher than what has been approved in the past. He requested that if the item is approved by the Planning Commission at the proposed density level, that the item come back for Council review. Mayor Stutzman expressed concern about the Shannon Fault location which presumably runs through the area. Planning Director Stephen Emslie responded that a report was done by the applicantse engineering geologist which was reviewed by the City Geologist and preliminary finding is that there is no evidence of a fault. Councilmember Kohler commented that the Planning Commission should take the density level into consideration when reviewing the project. Mayor Stutzman concurs. The Planning Commission is expected to hold a hearing on this item at their first meeting in December. City Councll Minutes 2 November 20, ~990 B. Open Space Task Force Minutes, 10/18 - Noted and filed. C. Citizens Tr. 7770 Investigative Committee Minutes, 11/1~ 11/8 - Noted and filed. D. Authorization to Purchase Leaf Body Truck for Maintenance Department from Mission Valley Ford for an amount not to exceed $23,190.67. E. · Acknowledgment and Authorization to California Attorney General to execute Settlement Agreement - State of California et 21. v. Rosendin Electric, Inc. et al. (price fixing) F. Resolution reappointing Councilmember Clevenger to term on Intergovernmental CoUncil Mr. Peacock requested removal of this item from the Consent Calendar. He asked that the resolution be amended to include the appointment of a delegate and alternate delegate as per a letter'received from IGC (Intergovernmental Council) since the posting of tonight~s agenda. MONIA/CLEVENGER MOVED TO APPROVE RESOLUTION 2667.1 NAMING COUNCILMEMBER MARTHA CLEVENGER AS THE DELEGATE AMD COUNCILMEMBER WILLEM KOHLER AS ALTERNATE REPRESENTATIVE TO THE IGC FOR THE TERM 1-1-91 TO 1-1-93. G. Treasurerws Report - October H. Investment Report - October I. Financlal Report - October 5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS Richard Napier addressed the Council as Mayor of the City of Sunnyvale regarding the Light .Rail System in Santa Clara County. Mr. Napier requested that the Council consider agendizing this item at a future Council meeting to take a position on light rail in the County, and possible alignment as a regional project, and for a presentation by the Cities of Sunnyvale and Mountain View. Donald Miller, 146b0 Wild Oak Way, Saratoga, spoke before the Council as President of the Hakone Foundation. Mr. Miller requested a construction loan from the City to continue the construction of the Foundationts Cultural Exchange Center which is being built for the city. He stated that the need arises from the fact that payments required of the Foundation exceed the flow of income from donations, other sources, and from increased costs. He proposed repaying the loan with the same interest rate at which the City would get on funds they now have invested, and to begin repayment of the loan as soon as the construction of the building is completed. If the loan request of $400,000 were approved now, the estimated completion date would be May 1991. Councilmember Monia commented that Council cannot take action on an item not on the agenda. Councilmember Clevenger responded that there is an urgency nature to the request. CLEVENGER/AMDERSON MOVED TMAT THE ITEM BE PLACED ON TONIGHT~S AGENDA FOR POSSIBLE ACTION OR DISCUSSION. Councilmember Kohler related that this is a large loan request and the City should be very careful in its financial dealings. He expressed that the item should be agendized for the next Council meeting. Councilmember Monia concurs with Councilmember Kohler and'stated that the public should have an opportunity to be heard when the issue is placed on the agenda. He further stated he is concerned with the construction being left fully open. He needs additional information and will support the motion for purposes of discussion. City Council Minutes 3 November 20, ~990 MOTION PASSED BY THE NECESSARY 4/5 VOTE OF 4-1 (KOHLER OPPOSED). Peggy Corr, 19224 De Havilland, Saratoga addressed the Council. on behalf of the Good Government Group of Saratoga. Ms. Corr referred to a letter submitted by her group to Council regarding the purchase of the five-acre Nelson Gardens being discussed in Closed Session. She raised several issues which her group feels should be answered publicly before Council takes such action. Councilmember Clevenger suggested that a draft response be prepared to the Good Government Group letter, and that the response be approved by Council prior to being sent. Councilmember Monia stated that when negotiations are underway, there is a statute which allows Council's Closed Sessions; however, he asked if a public hearing is necessary before Council makes a final decision. City Attorney Hal Toppel responded that the public hearing is not legally required. Fran Krezek, 20570 Ashley Way, Saratoga, spoke before the Council as President of the League of Women Voters. Ms. Krezek expressed the League's concern about the Brown Act and the Council's Closed Sessions at which the purchase of the Nelson Gardens is discussed. She suggested that a public hearing on Nelson Gardens and other open space acquisitions be held. Councilmember Monia asked Mr. Toppel to expound on circumstances in which the Council can hold a Closed Session. Mr. Toppel replied that in addition to personnel and litigation issues, other specific exemptions include negotiations for purchase of real estate. Council has been holding Closed Session under the latter exemption. Councilmember Anderson expressed concern that there is public perception that the purchase is being done in secrecy. This is not so, and Council has attempted to open City communication more, rather than less. Discussion ensued about holding a public hearing. Mr. Toppel recommended that if a public hearing is to be held, that it be held before Council goes into a contractual commitment where an offer or counter-offer has been made and before Council accepts it. Councilmember Monia voiced that Council needs to get public input on this proposal. Councilmember Kohler stated that the issue is very preliminary and that Council should wait until it becomes a more positive situation. He proposed holding off public hearing for the moment. Further discussion continued. CONSENSUS TO AGENDIZE THE PURCHASE OF THE NELSON GARDENS PROPERTY FOR A PUBLIC HEARING ON DECEMBER 5. Walter Ballard, 18288 Swarthmore Drive, Saratoga, spoke before the Council and referred to the Planning Commission's discussion of reducing the time limit from ten minutes to five minutes in which a Community Service Officer must be present to observe dog barking under a dog barking complaint. Mr.. Ballard asked Council to provide direction to the Commission on the dog barking issue. Tom Reddick, Saratoga resident, addressed the Council and emphasized the importance of citizen participation at Council meetings. Having completed the Oral Communications portion of the agenda, and at the request of councilmember Kohler, Mayor Stutzman moved the agenda to item 6-B. City Council Minutes 4 November 20, ~990 B. Pierce Road Improvements - Surrey Lane to Sarahills Drive (continued from Nov. 7) Steve deKeczer, 13415 Pierce Road, Saratoga appeared before the Council, stating he was mis-represented by one of his neighbors at the Council meeting of November 7. Mr. deKeczer referred to his letter dated 11-15-90 to the Council which includes a request that Pierce Road in front of his property be straightened without removal of the two giant Oak treeslat each end of the curve. He stated he was told that interim signs would be installed warning of pedestrians and bicyclists. He asked Council to expedite the action in attempts to avoid further accidents. Discussion ensued. CONSENSUS TO CONTINUE ITEM TO JANUARY 16. Mayor Stutzman moved the agenda to item 8, Public Hearings at 8:20 p.m. 8. PUBLIC HEARINGS A. Appealof denial of variance request to allow a one-story garage addition to encroach 10 ft. into a required 25-ft. front setback on a 12,400 sq. ft. parcel within the R-1- 10,000 zone district at 13600 Westover Dr. (Appellant/applicant, Kolstad)(Vg0-026) Planning Director Stephen Emslie presented the Staff Memorandum dated 11-20-90 to the City Council. John Kolstad, 13600 Westover Drive, Saratoga, addressed the Council and reported that the problem is not with the existing structure, but where the addition can be placed. The addition would haveto go in the setback which would be a special circumstance to the property. Mr. Kolstad stated it might be more appropriate to request a variance to the rear rather than the front, which would have less impact. He proposed a 10' variance in the rear as opposed to a 7' variance in the front, allowing all impacts to be mitigated through landscaping and architectural design to_the roof for the neighbor in the rear. The. proposal would also reduce the square footage requested. He indicated that if there is.consensus among Council to consider a rear yard variance, he would recommend continuing the item so that he can submit a rear yard alternative plan for staff to review. Councilmember Clevenger prefers to deal with the front yard variance first rather than commit to any future requests. Councilmember Monia commented that if Mr. Kolstad comes back with another plan, the appropriate process would be to send it back to the Planning Commission. Discussion ensued. The public hearing was opened at 8:38 p.m. Joseph Balogh, 13602 Westover Drive, Saratoga, addressed the Council as Mr. Kolstad's neighbor. Mr. Balogh voiced his opposition to building the garage. He stated when looking out of his living room or dining room window, he would be looking at the side of the garage. He asked Council to resolve the situation tonight. Public hearing closed at 8:40 p.m. Councilmember Monia commented that based on the information he received tonight, he prefers to deal with this issue tonight rather than continuing the item. Councilmember Anderson concurs with Mr. Monia and commented that if she denies the variance in the front yard, it does not mean that she would support a rear yard variance. Councilmember Clevenger emphatically stated that if a new plan is to be submitted, it is critical that it go through the Planning Commission before it appears before the Council. Councilmember Kohler stated that after his site visit, he was inclined City Council Minutes 5 November 20. ,1990 to favor a rear yard variance; however, he would not vote for a front yard variance because of Mr. Balogh's objection. Mr. Kolstad communicated that he was not prepared to debate the particular application (as opposed to the alternate plan he proposed) this evening, but he is prepared to present the background and circumstances. He requested the Public Hearing open again. CONSENSUS TO RE-OPEN PUBLIC HEARING AT 8:45 P.M. Mr. Kolstad stated that after he resigned from the Planning Commission, he found that one of the problems is that the Commission has been reading the Code completely incorrectly in terms of the physical circumstances applicable to the property. He noted he has the second to'the smallest 10t in the neighborhood, and when the house was built, it was brought all the way to the front and there was no place to put an addition without the variance. He indicated that in the neighborhood, there have been four other variances approved to reduce the driveway land or encroach into the front yard setback. He presented photos of views from his neighbor's house. He also presented models of the proposed project, indicating that the only access area is to one side of the family room which would necessitate destroying existing square footage in order to do an addition elsewhere. Mr. Kolstad asked for Council's indulgence in granting the variance. Mr. Balogh again addressed the Council stating that it is not just he as a neighbor, but the neighborhood who object to the variance. Lengthy discussion ensued. CLEVENGER/MONIA MOVED TO ACCEPT PLANNING COMMIS8ION~S DECISION TO DENY REQUEST. Passed 5-0. B. Appeal of denial of design review approval to demolish an existing one-story 'home and construct a new 4,087 sq. ft. two-story structure on~a 16,345 sq. ft. parcel within the R-1-10,000 Zone district at 14071 Saratoga-Sunnyvale Rd. (Appellant/applicant, Rinaldo) (DR90-048) Mr. Emslie summarized the Staff Report dated 11-20-90 to the City Council. Public hearing opened at 9:04 p.m. H.E. Christian Peeples, One First Street, Suite 12, Los Altos, spoke as the attorney representing the appellant/applicant, Rinaldo. Mr. Peeples indicated that the house is sensitively designed for the site and location. He pointed out that the site is an extremely large lot for the neighborhood, and unusual in that it faces Saratoga-Sunnyvale Road. The designer used the features of the lot to design it for the extreme amount of traffic on Saratoga-Sunnyvale Road. He noted that the proposed project could cover 60% of the lot, but covers only 20% with much open green space available. The setbacks on all sides are in excess of the requirements and the house, at 24' high, is much shorter than the maximum height of 26'. He stated that the building was designed to make maximum use of the site and existing fairly heavy foliage to be able to provide both isolation for the residents of the house from traffic on Saratoga-Sunnyvale and isolation from the existing side and back buildings or any privacy issues which may result from the placement of the windows. He urged the Council to overrule the Planning Commission and grant design review. Councilmember Anderson drove by the property and there did not appear any way to get into the back yard. She feels it is important that Councilmembers get an opportunity to see how much visual impact there is on the neighbors. Mr. S.H. Hopper, 14091 Saratoga-Sunnyvale Road, stated he lives in the adjoining property and indicated the lot in question is a sore spot on the whole street and proceeded to describe it. Any modifications to the site would be an improvement. Mr. Hopper opposes the Planning Commission's denial. Public hearing closed at 9:18 p.m. Lengthy discussion ensued. City Council Minutes 6 November 20, ~990 COuncilmember Anderson noted that their main concern is whether a privacy impact on the neighbors exists. Having a two-story Victorian house two doors away is not exactly a 100% one-story neighborhood and she is not convinced that it has to be. She asked Council to consider a continuation to provide her with an opportunity to view the visual impact. MONIA/CLEVENGER MOVED TO UPHOLD PLANNING COMMISSION'S DECISIONAND DENY THE APPLICATION. Mayor Stutzman noted that from his point of view, he does not consider the proposal a sensitively developed house and that it is totally out of context for the particular area. He is not objecting to the application.because it's a two-story house, but he does not feel it is appropriate for where the owners wish to site it. Councilmember Monia stated he is not addressing only the two-story issue, but that there were other concerns which the Planning Commission expressed. He stated he has not heard anything tonight which makes his findings different from the Commission's. Councilmember Kohler stated he is also taking into consideration the input from the residents who spoke at the Planning Commission. Additionally, he has received calls from residents close to the proposed site who oppose it. His main concern is compatibility with the neighborhood. MOTION PASSD 4-1 (ANDERSON OPPOSED). Mayor Stutzman moved the agenda back to Written Communications. WRITTEN COMMUNICATIONS 1) Roy F. Anderson,, 14650 Big Basin Way, favoring extension of light rail. Mr. Peacock reported that this item was already heard when Mayor Napier of Sunnyvale spoke earlier tonight. He suggested Council discuss whether or not they want the matter placed at a later agenda for presentation from the various proponents of light rail. CONSENSUS TO SCHEDULE FOR A STUDY SESSION IN JANUARY 1991. 2) Charles Mirrione, Saratoga Chamber of Commerce, requesting release of portion of matching business Promotion Funds per existing contract with Saratoga Chamber of Commerce ($6,325.00) Mr. Peacock briefly reported on the Staff Memorandum dated 11-9-90 to the City council. After brief discussion, CLEVENGER/MONIA MOVED TO APPROVE REQUEST, DIRECT CHAMBER TO VERIFY ALL EXPENSES INCURRED AND SUBMIT WRITTEN REPORT TO CITY MANAGER ON A MONTHLY BASIS UNTIL ALL FUNDS ARE DISBURSED. PASSED 5-0. 6. OLD BUSINESS A. Report from Maintenance Director on Lights in Kevln Moran Park Mr. Peacock summarized the Staff Report dated 11-14-90 to the City Council. CLEVENGER/KOHLER MOVED TO PROCEED WITH INSTALLING NINE LIGHTS AT KEVIN MORAN PARK AT A COST OF $10,500. · Tom Reddick, Saratoga resident, again spoke before the Council. He recommended that to keep the parks in the City clean that dogs not be allowed in the parks. City Council Minutes 7 November 20, ~990 MOTION PASSED 5-0. At the request of Councilmember Clevenger, Mayor Stutzman moved the agenda to hear the Hakone Foundation request placed in the agenda earlier tonight. Mr. Miller of the Hakone Foundation again addressed the Council. He stated that the Foundation set out to build a building based on an estimate of $800,000 as the cost of the building. The construction was begun a~ the time it was begun so that the fundson hand would not' be lost. The current- Hakone Foundation Board was not given the opportunity to go back and question some of the decisions which were made beforehand, and now finds itself with increased costs on hand. Consequently, it has been discovered that the building was not desfgned with insulation included; it had 4" walls when it needed 6" walls. The main multi-purpose room was designed to seat only 80 people which would severely hamper the rental of such a building, so the figure was upped to 100 people. The platform on which the building was to be built was supported simply on pillars and there was virtually no space underneath the building which has now been increased. The Foundation was unaware that construction had to.go down 31~ with steel rebar and concrete to support the building. The Board met two weeks ago and contemplated possible alternatives to complete the building. One was to shut down the building process~ however, that would have incurred more costs because of retrofitting for the Foundation and ultimately the City. Lengthy discussion ensued. Mayor Stutzman expressed concern that the monies do not belong to the City~ they belong to all Saratogans. He would like to know what guarantee the Foundation has of repaying the loan. Councilmember Kohler proposed that, the Foundation submit a business plan for further considerationby Council.. Councilmember Monia concurs with Mr. Kohler and asked for a business plan showing cashflow, anticipated repayment of loan, etc. Mr. Monia stated he is not prepared to make any kind of commitment regarding the loan unless the City has some control for the accountability on the part of the Foundation as well as the Council. He recommended that City Staff be involved in approving all expenditures related to the construction of the building. Councilmember Clevenger reported she attended the Foundation's Board meeting at which the problems were discussed. She commended the Foundation's Board and Mr. Miller and their approach in attempting to solve the existing problems. She stated the Board members are committed to raising funds. Councilmember Anderson recalled that at the time the building was approved, the City donated matching funds of $235,000 to Japan's $235,000 contribution, and the rest was to have been raised by the Board and community. Discussion ensued about the City's liability for construction of the building. Mr. Toppel stated that the City has not contracted for any of the services. The Hakone Foundation is a separate legal entity and they are the party with whom the contractors have contracted. Lengthy discussion ensued. ANDERSON/CLEVENGER MOVED TO LOAN THE HAKONE POUNDATION AN EMERGENCY AMOUNT OF $100,000 WITH AN 8.5% INTEREST HATE, AND AGENDIZE A PUBLIC DISCUSSION FOR NEXT WEEK ON WHETHER TO COMMIT TO THE ADDITIONAL $175,000 OR MORE BASED ON THE BUINSES8 PLAN THAT THE FOUNDATION WILL PRESENT TO COUNCIL. MOTION PASSED 3-2 (KOHLER, MONIA OPPOSED.) (MAYOR 8TUTZMAN RELUCTANTLY VOTED IN FAVOR OF THE MOTION.) Mayor Stutzman declared a recess at 10:35 p.m. Upon reconvening at 10:45 p.m., the same Councilmembers were present. City Council Minutes 8 November 20, ~990 C. Report from city Manager on Liquidated Damage Provisions as condition of Approval for Grading Permits and Other Development Approvals Mr. Peacock recounted the Staff Report to the City Council. He recommended that the specific amount of liquidated damages be determined based upon the size and complexity of the project. Mayor Stutzman questioned who would make the determination as to how much would be assessed. Mr. Peacock responded. that the amount would be based upon Staff recommendation land would- be determined by-the difficulty of administering the correction of'the violation. The decision would be made by the City Engineer in cases of grading permits; however, in cases of approvals by the Planning Commission for development, the decision would be made by the Commission. Mr. Toppel clarified the distinction between liquidated damages and a penalty. In this case, the concept is that the City is liquidating or "fixing" an amount which represents the cost the City is incurring if some body violates the condition. It is not intended as a penalty in the sense that if someone is cited and fined, there is no set amount which that person pays. The intent is a way to recover additional costs the City incurs because of the violation. Discussion ensued. ANDERSON/CLEVENGER MOVED TO AUTHORIZE THE CITY TO E8TABLISH A PROVISION AS A CONDITION FOR ASSESSING FEE8 FOR LIQUIDATED DAMAGES WITH THE AMOUNT TO BE DETERMINED ON A CASE BY CASE BASIS AND FOR THE CITY ATTORNEY TO WRITE A MUNICIPAL CODE TO BE PLACED ON THE CONSENT CALENDAR IF~ PUBLIC'HEARINGS ARE NOT REQUIRED. PASSED 5-0. 7. NEW BUSINESS A. Set interviews for 9ity Attorney Services Councilmember Anderson indicated she will be out of town on 12-1-90. CONSENSUS TO HOLDINTERVIEWS ON SATURDAY, DECEMBER 8, BEGINNING AT 8:00 A.M. WITH INTERVIEWS SCHEDULED 45 MINUTES APART. B. Settlement and Maintenance Agreement - Harbor Builders (Tr. 7761, Mt. Eden Estates) CLEVENGER/ANDERSON MOVED TO APPROVE AGREEMENT. PASSED 5-0. C. Memorandum of Understanding for Hazardous Waste Implementation Program - Santa Clara'County CLEVENGER/ANDERSON MOVED TO DIRECT MAYOR TO EXECUTE MEMORANDUM OF UNDERSTANDING BETWEEN CITY AND COUNTY. PASSED 5-0. D. Publicity for Upcoming Hearings - Ebner Appeal~ Accessory Structure Amendment~ Pool Fencing Rmending~ Beauchamps Fencing Amendments. Mr. Peacock reported that this item was inadvertently omitted from the Agenda. KOHLER/MONIA MOVED TO PLACE ITEM 7-D ON AGENDA. PASSED 5-0. CONSENSUS TO APPROVE RECOMMENDATIONS. 9. CITY COUNCIL ITEMS A. Reports from Individual Councilmembers Councilmember Monia handed out an article from the California Land Use and Planning Law 1990 edition pertaining to variances which he would like to agendize at the Council~s next quarterly meeting with the Planning Commission. Councilmember Anderson distributed copies of her written report on the League of California Cities meeting she attended in October. City Council Minutes 9 November 20, '1990 Mrs. Anderson asked for the status of the meeting with the Corps of Engineers to which Mr. Peacock replied that a meeting had been scheduled for November 19, but it has now been rescheduled to November 29, at 10:00 a.m. in San Francisco. Councilmember Clevenger related that the City has $400,000 in Housing and Community Development funds which has not been drawn upon because the City has been unable to establish a project that meets the needs of low-income housing. Discussion ensued regarding the three year limitation in which to either draw upon the funds or lose the monies. Councilmember Anderson suggested utilizing the funds for the City's senior housing project. Mr. Peacock briefly explained some of the requirements for which the funds could be used. Staff to be consulted for additional HCD requirements. Councilmember Kohler reported on the Senior Housing Task Force which he chairs. Discussion ensued and consensus is that the Committee's charge is to determine whether there is a need and, if so, to come up with an economically viable plan that satisfies the most people. B. Report from Mayor on Letter from Jeffrey Schwartz concerning Council Procedures. Mayor Stutzman reported that after reviewing Mr. Schwartz's letter, 'there are several options in which Council may conduct their meetings. Discussion ensued. CONSENSUS TOMOVE PUBLIC HEARING8 FROM 8:00 P.M. TO 8:30 P.M. 10. CLOSED SESSION on purchase of Nelson Gardens Property This item cancelled. (Clerk's Note: Please refer to Item 5A wherein Council consensus was to agendize for a Public Hearing on December 5.) 11. ADJOURNMENT With no further_business to conduct, the meeting was adjourned at 11:55 p.m. to November 27 for public hearing on Civic Center Master Plan at 7:30 p.m. in Community Center and to December 8 at 8:00 a.m. in Council Office for City Attorney interviews Respectfully submitted, Lynda Ramirez Jones Minutes Clerk