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HomeMy WebLinkAbout12-19-1990 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, December 19, 1990 - 7:30 p.m. PLACE: civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting 1. ROLL CALL Mayor Stutzman called the meeting to order at 7:30 p.m. Councilmembers present: Anderson, Clevenger, Kohler, Monia, and Mayor Stutzman. 2. CEREMONIAL ITEMS A. Proclamation honoring Yi Wen Liu and Katrina Gray for participation in -shoot for success- Program Mayor Stutzman presented the proclamations to students Yi Wen Liu of Lynbrook High and Katrina Gray of Prospect High.for taking part in the "Shoot for Success" essay contest. B. Proclamation congratulating Rotary Club on anniversary Mayor Stutzman presented the proclamation to Saratoga Rotary Club celebrating their 35th anniversary. 3. ROUTINE MATTERS A. Approval of Minutes - 12/5~ 12/8~ 12/11 ANDERSON/KOHLER MOVED TO APPROVE MINUTES OF 12/5/90 AMENDING PAGE 3, 2ND PARAAGRAPH FROM THE BOTTOM, FIRST LINE TO READ, "MR. PERLIN SU_MMARIZED THE REPORT..." PASSED 5-0. AMDERSON/KOHLER MOVED TO APPROVE MINUTES OF 12/8/90. PASSED 5-0. MONIA/AMDERSON MOVED TO APPROVE MINUTES OF 12/11/90 WITH THE FOLLOWING NOTATIONS: Page 2, Item 6, Section 7, third line corrected to read "...to us~ earth berms..." Pertaining to Section 5-E on page 2, Mr. Monia requested that the Minutes reflect that the Senior Coordinating Council has raised $657,000 to date for its endowment fund. MOTION PASSED 5-0. B. Approval of Warrant List After responding to Councilmembers~ inquiries regarding playstructures, Hillside interview, and refund checks, MONIA/KOHLER MOVED TO APPROVE WARRANT LIST. PASSED 5-0. C. Report of City Clerk on Posting of Agenda City Clerk/City Manager Harry Peacock announced that pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on December 14. 4. CONSENT CALENDAR ANDERSON/MONIA MOVED TO APPROVE CONSENT CALENDAR WITH EXCEPTION OF ITEM 4-K. PASSED 5-0. A. Planning Commission Actions, 12/12 - Noted and filed. B. cltizen~s Investlgative committee of Tr. 7770 Minutes, 1Z/15 and 11/29 - Noted and filed. C. Certification of Federal Aid Program Lobbying Restriction D. Resolution MV-195 authorizing installation of stop sign: City Council M~nUtes 2 December 19,' 1990 Gole~a Ave,' at SeagUlf Way E. Leas~ of temporary office trailer - Mobile Modular Management Corporation - Noted and filed. F. Reso~utlon 2697 granting Ebner Appeal heard 12/5 G, Hakone Foundation. Fund Raising - November 1990~ DisbUrsement RepOrt - November 1990 - Noted and filed. Mrs.{Clevenger announced that the Hakone Foundation has changed their meeting date for the next six months Ito the third Tuesday of the month, thus allowing her ~to participate in their meetings. H, ~. Trea~urer~s Report - November - Noted and filed. I. I Investment Report - November - Noted and filed. J. Financial Report - November - Noted~and filed. K, Audit Report - FY 1988-89 Mrs~ ]Anderson asked why the Audit Report for the period ending June 30, 1989 had been received late. Mr. ~eacock responded that the audit process was very slow.} He conveyed that the audit for fiscal year ending " June !301, 1990'will'begin in January I991. Mrs. ~nderson asked for correction to page ii to indicate that'*Councilmembers as of June 30,1989 did not include Joyce~ Hlava, but did incldde Dr. Francis StUtzman and Mrs. Anderson who was Mayor at the time. · i . Discussionensued regarding the fixed-assets-account. ANDERSON/MONIA MOVED APPROVAL OF ITEM 4-K, PASSED 5-0, 5, COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A,. ORAL COMMUNICATIONS 1)- Kenneth R. Schoniger, 13493. Pierce-Rd., with concerns ~bout improvements to Pierce Rd, associated with SD 8S-066 (Saviano).(not confirmed) Mr. Schoniger addressed the Council, referring to his letter dated December 12, 1990~ to the Council. He asked that the City remove the retaining wall on. the Pierce Road project immediately. Councilmember Monla suggested that City Engineer Larry Perlin prepare a report in respopse to Mr. Schoniger's allegations. Councilmember Cle~enger recommended that the issue be addressed in a study session. She indicated that the matter needs to be addressed as soon as' possible,~ and suggested that the matter be referred to the Public Safety Co~qn, ission. Councilmember Anderson would like to see the Public Safety Commission make a concerted effort to hold a meeting soon and resolve the concern at that meeting. Councilmember Koh!er commented that because he has been implicated in Mr. Schoniger's letter, he (Kohler) wants to clarify that he has been in support of keeping Pierce Road as it is since 1978. CONSENSUS TO ADDRMSS ISSUE AT A JANUARY 8 STUDY SESSION, Steve deKeczer, resident of Pierce Road, spoke before the Council. He referred to the ghard rail which was removed on Pierce. He suggested the width of thelbridge be equal to the width of the road and the City Council Minutes 3 December 19,' 1990 remaining space be maintained as a pedestrian walkway. He alleged that the plan drawn by Mr. Saviano's engineers needs to be reviewed by the residents, City Council and Planning Commission before any more action is taken. Mayor Stutzman invited Mr. deKeczer to attend the January 8 study session. Tom Reddick, 12389 Larchmont Avenue, addressed the Council requesting it be mandatory that all general contractors working in the City clean up their mess surrounding the work area. Mr. Reddick also requested Council to donate $500.00 to re-cover the pool table in the Senior Center. B. WRITTEN COMMUNICATIONS There were no written communications. 6. OLD BUSINESS A. SB 547 Mitigation Program Update (continued from 12/5) ANDERSON/CLEVENGER MOVED TO RESCIND SB547 MANDATORY RETROFIT PROGRAM. PASSED 5-0. B. Councilmembers' Schedules for January 2 Meeting: Confirmation that a Quorum will be present (continued from 12/5) CONSENSUS TO HOLD JANUARY 2, 1990 COUNCIL MEETING. C. Revision of HED Architects Contract to design Civic Center Improvements Councilmember Monia commented that it would be appropriate to have the Planning Commission review'the architectural plan. Mr. Peacock noted thatmodifications to the plan need to be made as the scope of work has changed significantly. Mr. Monia remarked that Staff's comments be incorporated into the architect's predesign and the Planning Commission be brought in at the beginning of the process. CLEVENGER/ANDERSON MOVED TO AUTHORIZE CITYMANAGER TO EXECUTE REVISION. PASSED 3-2 (KOHLER, MONIA OPPOSED.) D. Resolution on Giberson Appeal of Birenbaum Project Mr. Peacock reported on the revised resolution approving the Birenbaum application pertaining to the siting of home, swimming pool, retaining walls and access. Mayor Stutzman asked for an explanation regarding the origin of the easement which was granted back in 1919-1920. City Attorney Hal Toppel responded, indicating that the City is relying on the documents provided by the title company. Terence Kelly, Legal Counsel for the Gibersons, addressed the Council, stating that the easement was originally created back in 1919 under a deed. It is his contention that the subsequent recordation of a map in 1921 showing Sunset Drive as it is presently dedicated and a 40' reservation crossing the Molineux and Giberson lots creates the survival of the easement. The map does not specifically address the use of the reservation. However, there is a comment that there was a dedication of all roadways shown on the map, and the Santa Clara County Board of Supervisors did not accept the dedication as public highways. In 1962, the issue went before the Board of Supervisors again, at which time the dedication of Sunset Drive was accepted, but the 40' reservation was not accepted. City Council Minutes 4 December 19,' 1990 Discussion ensued. Mr. Toppel emphasized that the question has been whether or not any other parties have a right to use the easement, and that the title cempany has determined that the easement is valid. Lucy Lofrumento, ~ttorney representing the Birenbaums, spoke before the Council, stating! that according to research compiled by the title company, the easement was created. She mentioned there is a long line of deeds which r~iterate the easement chain of title. She accentuated that it has been'clearly satisfied that there are no other rights to the easements on]the Birenbaum parcel. Mr. Kelly rebutt~d~ noting that a non-publiC record easement could arise from eitherJ~implication or necessity.." Lengthy discussion ensued regarding access rights to the easement and reservation... Meg Giberson, 15561.Glen Una Drive, stated that a bridge access would be required. if the= Birenbaums were to build a driveway across the Molineux and Giberson properties. Such a bridge access would be very noisy; would require a variance to meet Saratog~'s Noise Ordinance. The driveway would be too long, too narrow, too steep, and would not meet the Central Fire District (CFD) standards although it has been approved by the !CFD. She stated that access should go to only. one property. She an~ Mr. Giberson are willing to offer $50,000 toward construction ef ~ bridge if the Birenbaums give up the easement. Bill Molineux'spOke On behalf of hie parents who reside at 10993 Sunset Drive. He related that the Molineux' were not notified of tonight's meeting. They a~e opposed to an opening of the easement along the lower portion of].their property. They own both pieces of property along the easement which is entirely located in the County of Santa Clara and not the City of Saratoga. They favor the bridge proposal. Additionally, he {wants to go on record that Virginia Fanelli does not represent his family. virginia Fanelli~addressed the Council on behalf of the Birenbaums. Ms. Fanelli rela[ed that she'has never suggested to anyone in any way that she represents the Molineux Family. She noted that the easement is a legal easement to which the Birenbaums have a right.. Ms. Fanelli asked for approve! of the site. Mr. Kelly again~ spoke to the Council, and submitted additional correspondence for the record.- Discussion ensued among council members. CLEVENGER/ANDERSdN MOVED TO ADOPT RESOLUTION 2698 UPHOLDING DECISION OF THE PIa~NNING COMMISSION. Mr. Toppel clariEied that the intent.of Condition #29 of the Planning Commission resolution regarding the landscaping screening was to avoid any adverse impacts on the house or pool as it pertains to-the Mussone property. KOHLER/MONIAAMENDED MOTION TO ADD A FIFTH CONDITION TO THE RESOLUTION STATING THAT IN THE EVENT SUNSET IS EXTENDED AS A PUBLIC STREET, THE BIRENBAUMS WOULD}BE REQUIRED TO TAKE ACCESS OFF SUNSET IF IT IS SO DETERMINED BY THE CITY TO BE APPROPRIATE. AMENDMENT PASSED 3-2 (ANDERSON, CLEVENGER OPPOSED.) VOTE WAS TAKEN ON APPROVING THE RESOLUTION AS AMENDED. PASSED 4-1 (STUTZMANOPPOSED.) Mayor Stutzman declared a recess at 9:25 p.m. Upon reconvening at 9:33 p.m., the same CoUncilmembers were present. Mayor Stutzman moved the Agenda to Item 8 - Public Hearings. 8. PUBLIC HEARINGS A. ApproVal of andAmendments to 1989 Revision to County Solid Waste Management Plan City Council Minutes 5 December 19,' 1990 Staff Member Todd Argow responded to questions from Council. Public hearing opened at 9:37 p.m. There being no public testimony, the public hearing was closed at 9:38 p.m. CLEVENGER/MONIA MOVED TO ADOPT RESOLUTION 2699 APPROVING PLAN. PASSED B. Amendment to the City Code to establish alternate fencing standards for the Beauchamps subdivision located in the NHR zone district, with the associated Negative Declaration (first reading and introduction) (continued from 12/5) City Planning Director Stephen .Emslie presented staff report dated December 19, 1990 to the City Council. Public hearing began at 9:40 p.m. Jack Dalton, Saratoga resident, acknowledged Councilmembers Anderson and Monia regarding their priorities fo~ Beauchamps Park. He related that the fencing at Beauchamps was conceptualized prior to the development. At that 'time, a portion of the fencing was designated as solid wood and another portion as open wire. After the development was constructed, it had an unkempt appearance. The homeowners association is now asking that the fencing be brought 'into uniformity to give it a completed look. Public hearing closed at 9:46 p.m. CLEVENGER/ANDERSON MOVED TO APPROVE THE NEGATIVE DECLARATION AND INTRODUCE ORDINANCE BY TITLE ONLY, WAIVING FURTHER READING. PASSED 5- C. Amendment to the City Code repealing the provision allowing a variance from the requirement for swimming pool fencing, with the associated Negative Declaration (AZO90-007) (first reading and introduction) (continued from 12/5) Mr. Toppel summarized Staff Report dated December 5, 1990 to the City Council. Public hearing opened at 9:47 p.m. There being no public testimony, the hearing closed at 9:48 p.m. CLEVENGER/ANDERSON MOVED TO APPROVE NEGATIVE DECLARATION AND INTRODUCE ORDINANCE BY TITLE ONLY, WAIVING FURTHER READING. PASSED 5-0.-- D. Amendment to .the Zoning Ordinance to allow the Planning Commission to approve an accessory structure having a height between 12 and 15 feet, with the associated Negative Declaration (AZOg0-006) (first reading and introduction) (continued from 12/5) Mr. Emslie gave Staff Report dated December 5, 1990 to City Council. Public hearing began at 9:48 p.m. There being no testimony from the public, the hearing was closed at 9:49 p.m. ~LEVENGER/ANDERSON MOVED TO APPROVE NEGATIVE DECLARATION AND INTRODUCE ORDINANCE BY TITLE ONLY, WAIVING FURTHER READING. PASSED 5-0. Mayor Stutzman moved the Agenda to Item 7 - New Business. 7. NEW BUSINESS A. Proposed Agreement - Villa Montalvo Association re: conduct of events Mr. Emslie presented the Staff Report to the Council. Councilmember Anderson related that Villa Montalvo claims they don't have to abide by the City.'s Noise Ordinance, but they are willing to do so as part of their proposed contract. City Council MinUtes 6 December 19,' 1990 Mr. Emslie responded it is his understanding that portions of Villa Montalvo are in the County, and that Montalvo alleges that the City has no jurisdiction 'over events which take place in those particular portions of the grounds. Staff feels that the City's Noise Ordinance applies to property surrounding Montalvo. Mrs. Anderson referred to the 1981 Agreement which stated that there should be no amplified sound at Montalvo. Mr. Emslie noted that the agreement was between the County and Villa Montalvo Association, and that the City was not a participant of'the agreement. ' ! Lon Allan addresaed the Council as President of Villa Montalv0. He gave a background of Villa Montalvo and their performing arts programs held at three locations on the 175-acre spread. He remarked that 131 acres are located in the County. He proposed a contract to adhere to Saratoga's Noisel Ordinance, curfewing~music to 10:00'p.m. Sundays through Thursdays]and to 11:00 p.m. Fridays and Saturdays. Addressing the traffic problem,!Mr. Allen proposes having off-duty~Deputy Sheriffs monitoring the t~affic on Montalvo Road before performances and on Piedmont Road after-performances. Montalvo would then reimburse the City-for the cost. Additionally, he proposed an Oversight Facilities Group composed 6f =a member from the CounciI, a member from the neighboring residents,. and a member from Villa Montalvo Association to resolve the issues.. Discussion ensued regarding Montalvo's financial status. Mrs. Anderson questioned the legality of having a police officer stop the residents'whe~ getting to their homes. Mr. Toppel responded that this is an issueiwhich the City intends to sort outthrough'the use permit process.. I Mr. Allan commented that the suggestion that neighboring residents be identified through parking stickers was the idea of the residents in the.area. '- Discussion ensued~regarding ause permit versus a contract. Mr. Toppel commented he woul~ address this issue later in the meeting, Mr. Monia noted that the problem with the proposed contract is that it doesn't address the. issues. Mr. B. Phipps, i5270 Norton 'Road, stated that his home overlooks Montalvo. He supports the concert, but is in favor of a use permit. Mr. Phipps recommends that concerts be held on the lawn four times a year, and that perhaps Sanborn Park be made available for other events. Craig Palmet, add[essed the Council as Executive Director of Opera San Jose and Co-Chair~ of the Arts Council of Santa Clara County Committee on Arts Planning.i Mr. Palmer spoke of Villa MontalvoTs role in the surging arts movement in Santa Clara County. Dr. George Lampr0s, 15168 Piedmont Road expressed that thousands of paid visitors who enter Montalvo all have to exit Piedmont Road, a narrow,.two-lane',~winding road with poor visibility. This presents a severe traffic hazard. He stated the road is unsatisfactory to manage large crowds. He also raised the issue of fire safety, especially during the summersmonths when the area is dry. He urged that alternate aspects of financing Montalvo be explored. All problems need to be addressed in a us~ permit. Allen Geggatt, 15461 Madrone Hill Road, testified before the Council. He referred to a ~etter he sent to the Council and Planning Commission. He suggested that~other facilities be used for major fundraisers. He does not see how ~ traffic mitigation can be reached in the area. He recommended that West Valley College be considered for big-number uses. Mr. Geggatt thanked Councilmember Monia for attending the meetings in which this issue has been discussed with the neighbors. Mr. Geggatt asked!the Council to require of Montalvo what it requires of all Saratoga c~tizens: to comply with the law and to apply for a use permit. He requested that the burden be placed on Montalvo and not on City Counoil Minutes 7 December 19,' 1990 the neighbors. Richard Tyrrell, 12336 Obrad Drive, appealed to the Council to give the contract approach a chance and form a committee consisting of members of the Council, Planning Commission, Heritage Commission, Villa Montalvo and the neighborhood to come to a resolution satisfactory to all. John Delmare, 15221 Piedmont Road, stated his rear property adjoins Montalvo, and the exit road from Montalvo is actually on his property. He commented that Montalvo's activities have become more intense. Mr. Delmare a~ked that Montalvo be placed in the legal use permit process. Claire Marino, 20553 Montalvo Lane, stated when she built her house 24 years ago next to the in-gate of Montalvo, Montalvo was not a performing arts center. Montalvo was intended to be a center for struggling artists, but not for established artists who draw crowds and make money. She asserted that from May to October, visitors cannot get to her home. Wolfandre Wanka, 15486 Madrone Hill Road, stated that if Montalvo is driven by economic necessity, putting a bond issue before the voters could raise funds so as not to impact the neighbors. He referred to a sound meter at Montalvo which had a reading of over 60 decibels. Ricardo Wanka, 15486 Madrone Hill Road, endorses the Staff recommendation of the use permit process to establish comprehensive land use regulations for all activities at Montalvo. Entering into a contractual agreement with Montalvo is not the proper way to resolve the land use conflict. John DiManto, 1991 Leigh Ann Place, San Jose, declared that he concurs with Staff. He supports that west Valley College should be considered as an alternate for performances. Norm Matteoni, 1740 Technology Drive, San Jose, spoke as Legal Counsel for Villa Montalvo Association. -Mr. Matteoni addressed the issue of contract versus use permit. He stated that the City has jurisdiction within its territory and cannot have jurisdiction beyond its territory. The situation with Montalvo is that there is a City line through the facility, and the garden theater is not within the City's territorial limits, and thus not within its jurisdiction. Montalvo cannot, by its consent, give the City that jurisdiction; however, Montalvo can offer the City a contract to address the key issues. Mr. Matteoni stated that the proposed contract is for one year-to try to address the problems. Mr. Toppel commented on contract versus use permit. He remarked that Montalvo's operations within the City limits would have more protection via a use permit than a contract. Mr. Toppel gave an example of "jurisdiction by consent" where the City has a set of conditions, and the applicant Signs the conditions and it becomes more contractual. Discussion continued. Councilmember Monia conveyed that he is not comfortable at all with a contractual arrangement and would prefer a use permit. He would like to continue with a use permit process because he feels that the mitigation efforts by contract would not work. He suggested proceeding with the use permit process and have the Planning Commission develop a use permit. To garner his support for either a use permit or contract, a reduction of events over a period of time (two-, three-, four-year) needs to be addressed. Mr. Monia referred to an initiative back in the late 70's which prohibits building a stadium and holding rock concerts at West Valley College. Councilmember Kohler commented that commercialization of Montalvo needs to be curtailed. He suggested bringing quality up and quantity down. Councilmember Anderson noted this is an extremely difficult issue. She remarked that both the neighbors and Montalvo have legitimate issues. City Council ~indtes 8 December 19), 1990 She prefers to pursue this matter on a use permit basis. Councilmember Clevenger stated that on the advice of the City'Attorney it is difficult to support a contract· If the City pursues the use permit, she would not want a use permit so restrictive that it would stifle the activity at Montalvo. She feels that the City needs to work on what Montalvo!has indicated they are willing to do and.work toward implementing those conditions. Mayor Stutzman stated that Montalvo has a prestige value and would. no~ want to lose any !part of it. The only way to preserve'Montalvo is to come up'with sometype of arrangement satisfactory to Montalvo and the neighbors. He !feels a committee composed of Council, Montalvo, community and Plan · nlng Commission could mitigate or alleviate the issues'. He stilI has reservations about the use permit. MONIA/ANDERSON MOVED TO INSTRUCT THE PLANNING COMMISSION AND STAFF TO CONTINUE WITH. THEUSE =PERMIT PROCESS FOR VILLA MONTALVO, Councilmember Koh~er asked that Staff be directed to enforce the City's Noise Ordinance. Discussion ensued~regarding sound metering· PASSED 5-0, Mayor Stutzman declared a recess at 11:42 p.m. Upon reconvening at 11:45 p.m., the s~ame CounciI members were present. Discussion continued with item 71A, Proposed Agreement - Villa Montalvo Association regarding conduct of events. MONIA/ANDERSON MOVED TO DIRECT THE CITY MANAGER TO DEVELOP A SET OF ADMINISTRATIVE GUIDELINES AS ~N INTERIM DOCUMENT OF AGREEMENT WITH VILLA MONTALVO UNTIL THE USE PERMIT IS PUT IN PLACE, SUCH GUIDELINES TO BE ADMINISTERED BY THEICITY. STAFF, PASSED. 5~0, Consensus for-gui]delines to be presented to Council for ratification~ B. Policy Development Calendar - 1991 MONIA/KOHLER MOVED TO APPROVE POLICY DEVELOPMENT PROCESS, CALENDAR SCHEDULE AND SELECT THE CIVIC CENTER AS THE SITE FOR ALL MEETINGS, PASSED 5-0, C. Inter!im Agreement with Atkinson-Farasyn to take pending litigation items to conclusion as part of city Attorney transition process The item deferred[ to closed session later tonight. D.Memo Authorizing Publicity for Upcoming Hearings - Village Design Guidelines Handbook; Big Basin Way Loading Zone- Noted. E. Contract with Open Space Consultant to assist with Open Space!Element - Wildan Consultants MONIA/ANDERSON MOVED APPROVAL, PASSED 5-0, F. City Attorney COntract with Meyers, Nave, Riback & West MONIA/KOHLER MOVEb APPROVAL~ PASSED 3-2 (ANDERSON, CLEVENGER OPPOSED,) 9, CITY COUNCIL ITEMS A. Set COmmissioner Interviews Interviews scheduled for January 8, 1991, 6:00 p.m. B. Reports from Individual Councilmembers - None· City Council Minutes 9 December 19,' 1990 10. CLOSED SESSION to review status of all pending litigation to determine appropriate legal counsel due to change in City Attorney; and on real estate negotiations concerning acquisition of Nelson Gardens property 11. ADJOURNMENT With no further business to conduct, the meeting was adjourned at 12:05 a.m. Respectfully submitted, Lynda Ramirez Minutes Clerk