HomeMy WebLinkAbout12-05-1990 City Council Minutes MINUTE8
SARATOGA CITY COUNCIL
TIME: Wednesday, December 5, 1990 - 7:30 p.m.
PLACE: Civic Theater, 13777 Fruitvale Avenue
TYPE: Regular Meeting
1. ROLL CALL
The meeting was called to order at 7:30 p.m. by Mayor Stutzman.
Councilmembers Present: Anderson, Clevenger, Kohler, Monia, and Mayor
Stutzman.
2. CEREMONIAL ITEMS - None.
3. ROUTINE MATTERS
A. Approval of Minutes
KOHLER/ANDERSON MOVED APPROVAL OF MINUTES OF 11/14/90 WITH THE
FOLLOWING CORRECTION:
a. Page 2, Item #5. councilmember Anderson requested that
the Minutes reflect that West Valley-Mission Community
College District Trustee Patricia Mahan had objected to any plan
which would limit students traveling by car to campus.
MOTION PASSED 5-0.
KOHLER/MONIA MOVED APPROVAL OF MINUTES OF 11/20/90 WITH THE FOLLOWING
AMENDMENTS:
a. Page 5, Line 1. Councilmember Kohler clarified he was in favor
of the resolution being heard by the Cohncil tonight; but
because of the neighbor's (Mr. Balogh's) objection, he did not
vote in favor of the resolution.
b. Page 9, 7th Paragraph.° As a point of clarification,
Councilmember Monia asked that the sentence be edited to read,
"...charge is to determine if there is a need, and to come up
with an ..... " .
MOTION PASSED 5-0.
Councilmember Clevenger pointed out that a motion made at the
meeting under item 4 was not included in the Minutes of 11/27/90. The
motion was to proceed to design and construct a new wing to the
existing City offices, and it passed 3-2 with Kohler and Monia opposed.
KOHLER/AMDERSON MOVED TO APPROVE MINUTES OF 11/27/90 WITH CORRECTION.
PASSED 5-0.
B. APPROVAL OF WARRANT LIST.
CLEVENGER/MONIA MOVED APPROVAL OF WARRANT LIST. PASSED 5-0.
C. REPORT OF CITY CLERK ON POSTING OF AGENDA
City Manager Harry Peacock announcedthat pursuant to Government Code
54954.2, the agenda for this meeting was properly posted on Nov. 30.
4. CONSENT CALENDAR I
MONIA/AMDERSON MOVED APPROVAL OF CONSENT CALENDAR I. PASSED 5-0.
A. Planning Commission Actions, 11/28 - Noted and filed.
B. Finance Advisory Committee Minutes, 11/12; 11/19 - Noted and
filed.
C. Library Commission Minutes, 11/28 - Noted and filed.
M1 s 2
City Council nute December 5, 1990 ·
D. Finance Advisory committee Minutes, 11/12/; 11/19- Noted and
filed.
E. Youth Commission Minutes, 11/19 - Noted and filed.
F. Saratoga Community Access Television Foundation Board
Minutes, 10/16~ 11/7 - Noted and filed.
G. Resolution 2692 confirming denial of Kolstad appeal heard
November 2.0
H.Resolution 2693 confirming denlal of Rinaldo appeal
heard. November 20
I. Resolutio~ 2694 commending Kolstad for service on
Plannlng Commission
Mr. Peacock presented resolution to Mr.-John Kolstad.
J. Resolutio~ 2695 commending Siegfried for service on
Planning Commission~
Mr. Peacock presqnted resolution to Mr. Richard Siegfried.
CONSENT CALENDAR !II - Claims
A. Claim of Pollard in connection wfth tire damage in
Community ~Library parking lot.
CLEVENGER/MONIA MOVED TO REFER TO CITY MANAGER FOR SETTLEMENT IN THE
AMOUNT OF $S5.53.~ PASSED 5-0.
5. COMMUNICATIONS FROM COMMISSIONS AND:THE PUBLIC
A. ORAL COMMUNICATIONS
I
1) Presentation from county Health Department
Art CooRer, Jackie Adams and Doris Agee of the Santa Clara County
Health DepartmentiEnvironmental Health Services, Public Health Medical
Services, and PUblic. Health .Nursing, respectively,. addressed the
Council. They presented an overview of services provided by the Health
Department. T~ey requested the City's support of the Health
Department's~programs.
!-
2) Appearance of Ernie Kraule, Chief of Saratoga
Fire District
Chief Kraule app&ared before the council, referring to the proposed
46-acre Thomas annexation. Mr. Kraule asked Council to submit a letter
to LAFCO (Local Agency Formation Committee) supporting Fire District's
request to delay {the annexation to allow local authorities to review
the sphere-of inf,luence and services.
Mayor Stutzman responded that this issue will be heard later tonight
under item 7-C ofi the agenda.
B. WRITTEN COMMUNICATIONS
1) Barbara Slmner, 12791 Idlewood Lane, concerning
Counolil priorities.
MONIA/KOHLER MOVED TO APPROVE SENDING DRAFT REPLY. PASSED 5-0.
2) Mr..ahd Mrs. Bob Swanson, 19305 Crisp Avenue,
requesting barriers on cul-de-sacs between Crisp
Avenu~ and Via de Marcos.
Mr. Peacock reported that City Engineer Larry Perlin has prepared a
response.
MONIA/CLEVENGER MOVED TO APPROVE SENDING PROPOSED REPLY. PASSED 5-0.
City Council Minutes 3 December 5, 1990'
6. OLD BUSINESS
A. Appeal of tentative building site and design review approval to
construct a new two-story, split level, 5,111 sq. ft. single
family dwelling in the HC-RD Zone district at 20052 sunset Dr.
(SDSS-019; DR90-050) (Appellant, eiberson; applicant, Birenbaum)
(continued from October 17)
Consensus that Council separately address the issues (bridge, third
party geological review, siting of the house, and swimming pool), and
direct-their questions to the applicant and/or appellant as necessary.
Planning Director Stephen Emslie presented Staff Report pertaining to
the swimming pool.
Discussion ensued wherein Staff responded to CoUncil inquiries.
Virginia Fanelli appeared before the Council on'behalf of Mr. and Mrs.
Birenbaum. She commented that Dr. Mussone has expressed concern about
the pool having been moved. The matter has been.discussed with Dr.
Mussone. She is requesting that Condition #29 be amended for Dr.
Mussone's benefit to include that "the Planning Director's Review of
the Landscaping and Pool considered Dr. Mussone's concern."
Terence M. Kelly of Blase, Valentine & Klein in Palo Alto, spoke on
behalf of Mr. and Mrs. Giberson. Be stated that his clients will focus
on the relocation issue of the house as opposed to~the pool.
MONIA/ANDERSON MOVED TO APPROVE SWIMMING POOL LOCATION PROVIDED THAT
POOL REHAINS IN AN AREA WHERE THE SLOPE DOES NOT EXCEED 30% AND ANY
RETAINING WALLS EXCEEDING THREE FEET IN HEIGHT BE LANDSCAPED TO THE
SATISFACTION OF THE PIa~NNING DIRECTOR. PASSED 5-0~
City Engineer Larry Perlin presented Staff Report pertaining to the
third party geological review. Mayor Stutzman noted he is unsatisfied
and very disappointed with the report. Lengthy discussion continued.
ANDERSON/CLEVENGER MOVED TO ACCEPT GEOLOGICAL REPORT. PASSED 4-1
(STUTZMANOPPOSED.)
The Council next considered the relocation of the house. Mr. Emslie
summarized the Staff Report and responded to questions from Council.
J. Walter Hoskins, Hoskins Engineers, 501 So. Bascom Avenue, San Jose,
appeared as the Civil Engineer for the Gibersons. Mr. Hoskins referred
to feasibility studies he has done on the location'of the house which
he has submitted to Council. He noted how the elevation and slope of
the house could be reduced, thus taking it out of~ his clients' View
corridor. '
Ms. Fanelli presented a set of slides showing renderings of the house
sitings and views when relocated in different directions.
The Birenbaums'architect, Mr. Kappe, responded to Mr. Monia's questions
regarding the elevation changes. Lengthy discussion ensued.
ANDERSON/CLEVENGER MOVED TO ACCEPT THE APPLICATION AS MODIFIED BY
APPLICANT. P?.SSED 4-1 (STUTZMAN OPPOSED.)
Mr. Perlin summarized the report prepared by the applicant evaluating
the alternative accesses to the property. He noted that the applicants
have done a feasibility study on the cost of the two alternative
accesses: the construction of a driveway along the existing easement,
or the extension of Sunset Avenue over the canyon via a bridge
structure.
Mr. Perlin'reported that the analysis concludes that the cost of a
bridge structure is estimated at $396,000. The cost of the driveway
is approximated at $77,000. Mr. Perlin noted that the bridge cost
would be higher as the report failed to take into consideration the
required relocation of utility lines that would be impacted by the
bridge. Discussion ensued among Staff and CounciI.
City Council Minutes 4 December 5, 1990'
Mr. Hoskins again addressed the Council and stated that the bridge can
be built at a lower cost of $260,000 and described the feasibility
studies for the bridge the GibersOns are proposing.
Discussion continued regarding the use of the Birenbaum driveway
easement by other undeveloped parcels in the vicinity~.
Dr. Chaiho Kim, la9977 Sunset Drive, testified that the proposed bridge
would be about 50' from his property and would be impinging upon his
property rights. i -
Meg Giberson, appellantS-' addressed the Council.
KOHLER/MONIA MOVED TO . REQUIRE THE APPLICANT TO USE PUBLIC BRIDGE
ACCESS. AFTER DISCUSSION, KOHLER/MONIA TABLED MOTION.
Councilmember Monia discussed the bridge vs. road issue, stating that
he. would like additional information declaring who has access to the
property and detarmining whether only Birenbaums were entitled to use
the driveway easement. If Birenbaums alone could use the easement, he
would favor a driveway;- if- any other properties had the right to use
the easement, hel~could be in favor of the bridge.
CONSENSUS FOR "AC,'CESS TO PROPERTY" PORTION OF THIS ITEM TO BE RETURNED
TO COUNCIL WITH 'ADDITIONAL TITLE INFORMATION REGARDING THE RIGHT OF
SURROUNDING PROPERTIES TO USE THE DRIVEWAY EASEMENT.
B. SB 547 Mitigation Program Update
Continued to December.19, 1990.
Mayor Stutzman m6ved the agenda to Public Hearings.
8. PUBLIC HEARINGS-
A.- Ac.quisiti~n. of Nelson Property-, 20851- Saratoga Hills-
Road (twolparcels totalling 5.1 acres, Currently
developed*,with two.-single family residences and an
orchard) ~
City Manager Harry Peacock announced that this is a public hearing to
discuss the Cit!ziacquiring the 5.1 acres of land commonly known as the
Nelson property.; He reported that the City Council has been discussing
in Closed Sessions (as allowed by the. Brown Act) the possible purchase
of the property. i The Council has instructed the City Manager, as their
negotiator, to ~make an offer for the property. The purpose of
tonight's hearing is to receive testimony from the public as to whether
or not the Cit.y should proceed with negotiations to acquire the
property. ~
Public hearing was opened at 10:08 p.m.
Lou Weston, 2077'4 Pontiac Avenue, stated that the Nelson purchase is
a very good acquisition for the community. He asked that consideration
be given to tke land value appreciation of the property over a period
of time. The development of Nelson Gardens will further enhance the
community. '~
Cathy Gaskell, 26700 Sevilla Lane, a member of the Nelson Gardens Task
Force, expressed'. her concerns and asked for a financial analysis and
long-term plan. ~Ms. Gaskell suggested that the issue be brought to the
City's citizens !for a vote. She feels the City should be looking at
all available open
space.
Nancy McKereghan~, 20590 Canyon View Drive, testified as President of
the 'Saratoga ReSidents Association. She stated that Saratogans are
concerned about ~preserving open space, and the City has been working
with its citizen~s in this respect. The Nelson property was set aside
as open space. She encouraged the City to seek monies to purchase
Nelson Gardens.
City Council Minutes 5 December 5, 1990 '
Karin Dowdy, 19101 Brook Lane', presented a letter to Council, stating
that this is a controversial issue. She indicated that when dealing
with acquisitions, the City should go to the taxpayers for a decision.
Donald Macrae, 20679 Reid Lane, a member of the Friends of Nelson
Gardens and of the Nelson Gardens Task Force, favored open space and
encouraged acquisition of this historical piece of land.
Jerome Kocir, 12853 Saratoga-Sunnyvale Road, introduced himself as a
founder/incorporator of the City of Saratoga. He referred to the
City's General Plan and' gave a background on the open space general
plan. He suggested development monies be used to purchase Nelson
Gardens.
Gary Nemetz, 13960 Pontiac Avenue, who lives adjacent to the property,
supported the'purchase.
Ann Waltonsmith, 21060 Saratoga Hills Road, urged Council to continue
in their deliberations for the purchase of the property.
Max Rasmussen, 20650 Woodward Court, related that he is not against
open space which benefits all Saratogans. He does not feel Nelson
Gardens fits the City's current plan. Mr. Rasmussen asked Council to
vote against the acquisition or at least let the voters make the
decision.
John Usher, 13636 Vaquero Court, wondered if once the property is
purchased, if funds will be available to improve the property so that
all Saratogans can utilize the park.
Peggy Corr, 19224 De Havilland, identified herself as President of the
Good Government Group. Ms. Corr encouraged a more comprehensive plan
on open space before making a decision on the acquisition. She
emphasized this is not a formal position of the Good Government Group.
Shelley Williams, 11951 Brook Ridge Drive, presented a petition of
signatures. Mr. Williams expressed that the acquisition be placed
before the voters fortheir final decision.
Linda Davis, 13616 Fruitvale Avenue, spoke as a resident of the Kerwin
Ranch. Referring to a comment made earlier, Ms. Davis stated that for
the record, the Kerwin Ranch is not for sale.
Betty Peck, 14275 Saratoga Avenue, encouraged the purchase of the
property.
Jack Bert, 13886 Malcolm Avenue, described the specialness of the
property. He recommended buying the property.
Rich Bremmer, Saratoga resident, stated he was one of the persons who
circulated a petition asking the Council to bring this mattmer to a
vote of the citizens. Of 75 people he spoke to, only two refused to
sign the petition.
With no further testimony, the Public Hearing was closed at 10:53 p.m.
Councilmember Anderson related that she chaired the Nelson Gardens Task
Force. She indicated that Frank Nelson had wanted the property to be
a demonstration orchard for young people and a quiet park for senior
citizens. Mrs. Anderson presented background on the Task Force's work.
She stated Council's original intention was to wait until the Open
Space Committee's report was completed, but with the property now on
the market, time is of the essence. She will be voting in favor of
the acquisition.
Councilmember Clevenger agreed with Mrs. Anderson. She mentioned the
fact that the property is now on the market puts pressure on.the
Council to act now, although she would have preferred to have the Open
Space Committee's report completed first.
Councilmember Monia stated he supports open space. He finds no
financial restrictions and remarked that the Finance Committee has
City Council ~.Xinutes 6 Decen~3er 5, 1990
approved the concept. Mr. Monia noted that Saratoga has the lowest
ratio of park land to city residents.
Councilmember Kohler conveyed that the City needs to make wise
investments for open space. He stated not all issues can be placed on
· the ballot, and that the Council was elected to make decisions. He
will be voting in{ favor of the purchase.
Mayor Stutzman expressed that the City should have had an Open Space
Policy and Park'ACquisition Program years ago. The land value on this
property down the!road will beone of-the'best investments the City can
make. Mayor Stutzman commented that the objective is to find park
space throughout the City. He stated that if this issue were placed
on the ballot, a ]good opportunity would be lost.
Mr.-Peacock referred to a financial analysis he did on purchase of the
Nelson property,~ the Capital Improvements Plan and other parks
projects~ His analysis concludes that in order to keep the City's
reserve position !flexible to make other acquisitions~ $2.5 million is
needed in long-term financing. He recommended to Council that the
Finance Committee's recommendation of $5 Mirlion financing be reduced
to $2.5 Million'.l
MONIA/KOHLER MOVED TO RE-AFFIRM THE COUNCIL'8 POSITION TO INSTRUCT THE
CITY MANAGER TO CONTINUE NEGOTIATIONS ON THE PURCHASING OF THE NELSON
GARDENS PROPERTY.] PASSED 5-0.
The City Manager was instructed' to take steps to secure long term
financing to 'purchase the Nelson Property and fund Civic Center
improvements. Proposal to be brought back to the CitX Council for
further action.
Mayor Stutzman d~clared a recess at 11:15 p.m. Upon reconvening at
11:25 p.m., the same Councilmembers were present.
B.~ Appeal of~ denial. of., request for tentative map. to subdivide
17,894 sg~ ft. parcel with a 7,137 sg. ft. and 10,757 sg. ft.
parcel at]13741 and 13755Saratoga Avenue within the R-1-20,000
zone district and a variance to allow the subdivision of an
existing substandard lot and to create two smaller parcels
(Applicant/appellant, Ebner) (SDg0-00S; V90-028}
Mr. Emslie presegted the Staff Report. Public Hearing ~as, opened at
11:32 p.m.~
Mark Ebner, 13755 Saratoga Avenue, spoke as the applicant/appellant.
He referred to numerous letters sent in support of his request. Using
photographs, he ~described his situation as a unique position. He
related that the property suffers by not being allowed to be
subdivided. He! stated both houses are in separate sanitary sewer
laterals, in separate utilities, have separate Assessor parcel numbers,
and both houses have separate mailing addresses. Mr. Ebner quoted from
reports preparediby the City and he referred to the variances granted
to other homes in the neighborhood. He urged Council to grant variance.
Clarence Neale, 14165 Saratoga-Sunnyvale Road, spoke in favor of the
variance.
Jim Guthrie, 12880 Glen Brae Dr., stated he has seen the Ebners
rehabilitate th~ two homes of which Saratoga should be proud. Mr.
Guthrie asked for Council's support of reconsideration of the Planning
Commission's declision.
Willys Peck, 14275 Saratoga Avenue, a member of the Historical Heritage
Commission, stated the Commission favors the Council doing what it can
to ensure the preservation of the house. Mr. Peck encouraged Council
to t~ke into consideration the enhancement of the two structures to the
street when considering the appeal.
Bill Clark, 1940 Shubert Drive, reminded Council that since 1956~ one
other property Hansen property) has been subdivided.
City Council Minutes 7 December 5, 1990
Gene Zambetti, 14510 Big Basin Way, referred to 13 variances which have
been approved along Saratoga Avenue in the R-1-20,000 District. Mr.
Zambetti described the Ebner situation as a unique situation within the
City of Saratoga. He gave a brief background of when the City was
being incorporated and the County was drawing the zoning lines.
With no~=further testimony, the Public Hearing was closed at 11:57 p.m.
In response to Councilmember Anderson's question, Mr. Emslie stated
there have been no objections to the lot split. Discussion ensued.
CLEVENGER/ANDERSON MOVED TO UPHOLD APPEAL AND 6VERTURN DECISION OF
PLANNING COMMISSION BASED ON EXCEPTIONAL OR EXTRAORDINARILY PHYSICAL
CIRCUMSTANCES EXISTING - LOT HA8 TWO HISTORICAL HOMES LOCATED ON A
PROPOSED HERITAGE STREET WITH ALL THE UTILITIES INDIVIDUALLY CONNECTED
AND TWO SEPARATE DRIVEWAYS AND ADDRESSES; THE GRANTING OF THE VARIANCE
WILL NOT CONSTITUTE A GRANT OF SPECIAL PRIVILEGE BECAUSE THE TWO HOMES
WERE ORIGINALLY DEVELOPED WITH THE INTENT TO BE USED AS INDIVIDUAL
SINGLE FAMILY RESIDENCES; THE GRANTING OF THE VARIANCE WILL NOT BE
DETRIMENTAL TO PUBLIC HEALTH, SAFETY, OR WELFARE; FURTHER, NOTHING WILL
BE CHANGED ON THE SITE; THE HOMES WILL MAINTAIN THEIR HISTORICAL
INTEGRITY AND NOT BE ENLARGED. PASSED 3-2 (MONIA, STUTZMAN OPPOSED.)
Mayor Stutzman moved the Agenda to Item 7-C
C. Response to Draft Environmental Impact Report for Landtech 17-
lot subdivision south of Mt. Eden Road at Stevens Creek Park.
Mr. Emslie sum~larized the Staff Report and correspondencein the agenda
packet, indicating a need to respond to the County by December 20.
Lengthy discussion ensued.
Councilmember Monia noted that the County General Plan does not comply
with the City's General Plan.
William. Brooks, 20230. Merrick. Drive, addressed the trails, hiking, and
riding aspects of the EIR. He referred to a letter and map he
distributed to Councilmembers. He noted that an EIR must address
mitigations for all substantial environmental adverse impacts,.and that
the draft EIR does not address all of the issues. He asked the Council
to request the County to include further investigation of the reduced
density. He will provide additional information to Mr. Emslie for
including in the City's meeting with the County regarding the EIR.
Mrs. Anderson recommended a meeting with Supervisor Dianne McKenna of
the County Board of Supervisors to continue discussions. There was
consensus to do so.
Mayor Stutzman moved the agenda to item 7-A.
7. NEW BUSIMESS
A. Change of Water Hour Restrictions
CONSENSUS TO AUTHORIZE CITY MANAGER'TO CHANGE WATER HOUR RESTRICTION8
TO 10:00 A.M. TO 4:00 P.M. DAILY THROUGH MARCH 31, 1991.
Mayor Stutzman moved the agenda to item 8-C.
C. Weed Abatement Hearing
Bill Clarke, 19404 Shubert Drive, asked the Council to remove the lot
he owns (Assessment Parcel No. 397-28-043) at the corner of the Walnut
and Saratoga-Sunnyvale Road from the Weed Abatement program. He has
also asked the previous Council to remove the bus stop at the corner
or putting in a trash receptacle for people to use there.
Councilmember Monia left the meeting at 12:15 a.m. and did not return.
CLEVENGER/ANDERSON MOVED TO ADOPT RESOLUTION 2696. Passed 4-0.
D. Amendment to the City Code to establish alternate fencing
standards for the Beauchamps subdivision located in theNHR zone
City Council Minutes 8 December 5, 1990
district, with the associated Negative Declaration (first
reading and introduction)
Continued to December 19, 1990.
E. Amendment to the City Code repealing the provision allowing a
variance from the requirement for swimming pool fencing, with
the associated Negative Declaration (AZ090-007) (first reading
and introduction)
Continued to December 19~ 1990.
F. Amendment to the Zoning Ordinance to allow the Planning
Commission to approve an accessoz7 structure having a height
between 12 and 15 feet, with the associated Negative Declaration
(AZ090-006) (first reading and introduction)
Continued to December 19, 1990.
9. CITY COUNCIL-ITEMS
A. Agenda Items for December 11 meeting; joint meeting with
matteSaratoga Area Senior Coordinating Council and other
No discussion.
B. Councilmembers' Schedules for Upcoming Meetings (December
January 2 and
Continued to December 19, 1990.
Mayor StutZman returned to Item 6-B
B. Hakone Foundation Construction Loan Agreement
CLEVENGER/STUTZMAN MOVED. TO APPROVE THE HAKONE FOUNDATION LOAN.
AGREEMENT. PASSED 3-1 (KOHLER OPPOSED, MONIA NOT PRESENT.)
Councilmember Clevenger pointed out that since she was appointed City
Liaison to the Hakone Foundation in August 1990, she has'not been able
to attend the F0undationmeetings because they are held on the same
night as the City Council and IGC meetings, which she has had to
attend. The Foundation is considering changing their meeting nights.
CONSENSUS TO CONTINUE ALL UNFINISHED BUSINESS TO DECEMBER 19, 1990
COUNCIL MEETING.
10. CLOSED SESSION on pending litigation concerning Velinsky Project
and on possible acquisition of Nelson property.
Continued to December 19, 1990.
11. ADJOURNMENT
Due to the lateness of the hour, the meeting was adjourned at 12:55
a.m. to December 8 for City Attorney interviews and to December 11 for
a joint meeting with Saratoga Area Senior Coordinating Council and
other matters.
Respectfully submitted,
Lynda Ramirez Jones
Minutes Clerk