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HomeMy WebLinkAbout01-02-1991 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, January 2, 1991 7:30 p.m. PLACE: Civic Theater, 13777 Frultvale Ave. TYPE: Regular Meeting Vice Mayor Willem Kohler opened the meeting at 7:30 p.m., announcing the passing away of Edythmae Stutzman, wife of Mayor Francis L. Stutzman. A moment of silence was observed in honor of Mrs. Stutzman. 1. ROLL CALL Councilmembers Present: Clevenger, Kohler and Monia. (Councilmember Anderson arrived later as noted below.) Councilmembers Absent: Stutzman. 2. CEREMONIAL ITEMS - None. 3. ROUTINE MATTERS A. Approval of Minutes 12/19 CLEVENGER/MONIA MOVED TO APPROVE. PASSED 3-0. B. Approval of Warrant List CLEVENGER/MONIA MOVED TO APPROVE. PASSED 3-0. C. Report of city 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 December 28. 4. CONSENT CALENDAR A. Planning Commission Actions, 12/26 - None; no meeting held. B. Parks and Recreation commission Minutes, 11/5 - Noted and filed. C. Ordinance 71.87 amending the Zoning Ordinance to allow the Plannlng Commission to approve an accessory structure having a height between 12 and 15 feet, with the associated Negative Declaration (second reading and adoption) D. Ordinance 71.88 repealing the provision allowing a variance from the requirement for swimming pool fencing, with the associated Negative Declaration (second reading and adoption) E.. Ordinance 71.89 amending the City Code to establish alternate fencing standards for the Beauchamps subdivision located in the NHR zone district (second reading and adoption) CLEVENGER/MONIA MOVED FOR ADOPTION OF THE CONSENT CALENDAR. PASSED 3- . CONSENT CALENDAR II - Claims claim of Kulczyski alleging injuries from fall at Bamboo Garden CLEVENGER/MONIA MOVED TO REJECT CLAIM. PASSED 3-0. 5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. Ot~L COMMUNICATIONS - None. B. WRITTEN COMMUNICATIONS 1) Barry P. Mills, 20201 Argonaut DrY, resigning from Library Commission. City Council Minutes 2 January 2, 1991 CLEVENGER/MONIA MOVED TO ACCEPT RESIGNATION ~ITH REGRET AND DIRECT STAFF TO PREPARE APPROPRIATE RESOLUTION OF APPRECIATION. PASSED 3-0. Councilmember Anderson arrived at 7:35 p.m. 2) Californians Against Waste, P.O. Box 289, sacramento 95812, requesting adoption of model take-out food packaging ordinance MONIA/CLEVENGER MOVED TO REFER TO STAFF FOR CONSIDERATION AS PART OF INTEGRATED SOLID WASTE MANAGEMENT PLAN. PASSED 4-0. 3) Executive Committee, League of California Cities, concerning SB 2557 giving counties authority to charge cities to replace lost state revenues Mr. Peacock summarized the Staff Report dated January 2, 1991 to the Council. Discussion ensued. MONIA/CLEVENGER MOVED TO SUPPORT THE LEAGUERS POSITION, SUPPORT SB 76 AND DIRECT THE CITY MANAGER TO INFORM THE LEAGUE OF CITY~S POSITION. PASSED 4-0. 6. OLD BUSINESS A. Continuing Discussion re: Soundwall Heights for Freeway Mr. Peacock presented the Staff Report dated January 2, 1991 to the Council, stating that a study session has been scheduled for January 22 for Quito Road neighborhood to discuss Traffic Authority proposals. In response to Mr. Monia~s inquiry whether a notice of the January 22 session will be mailed to all t~e surrounding neighbors, Mr. Peacock stated that if their property abuts the corridor, the residents will receive individual invitations. Mrs. Clevenger conveyed she wants to make sure the residents of Via Real and Section 3 are heard from, if they- were not included in previous hearings. She requested that one last final notice go out to everyone; however, a meeting should be held exclusively for Area 7 prior to a final meeting being held for others at a later date. Bill Elhoff, 19379 Via Real Drive, commented that the neighbors are still concerned about the 12~ height of Barrier B-32. They had asked for a depressed road in that area, but instead the plan calls. for five feet above ground level as it goes over the creek. The other issue is that traffic going up a 28~ hill between Cox and Saratoga Creek crossing. It appears that CalTrans has not dealt with this issue in their noise projections. He requested that the decibel levels be taken into consideration. Carol Machol, 13597 Ronnie Way, complimented Councilmembers for negotiating with CalTrans to get the changes in the sound walls. She questioned the placement of the walls. Ms. Machol asked Council to make a site vfsit and view the 14' wall on one side of Cox Avenue where the road was raised four feet. A 12~ wall on one side and a 14' wall on the other side will have a significant impact on traffic in the area. She stated the deeper the depression, the lesser the impact. Mrs. Anderson asked if Mr. Will Kempton of the Traffic Authority had responded to the Cityws request for data on sound wall heights as measured the ground level of the backyards. She suggested that Mike Kotowski, the delegate to the Traffic Authority representing Saratoga, be invited to participate at the January 22 meeting. Mr. Peacock responded that the request to Mr. Kempton was not made until this week because of the holiday season and Mr. Kotowski will be invited. 7'. NEW BUSINESS A. Appeal of administrative decision of Plannlng Director to require eight-foot masonry sound walls along rear boundary llne at 12244 Saratoga-Sunnyvale Rd. (Appellant/applicant, J. Oliver) city Council Minutes 3 January 2, 1991 City Planning Director Stephen Emslie gave the Staff Report dated December 28, 1990, to the Council. Lengthy discussion ensued between Council members, Staff, and City Attorney. Warren Lampshire, 14457 Big Basin Way, addressed the Council as the property manager. He referred to the non-conforming use ordinance and expressed concern of time left for the existing use to amortize cost. He has since contracted with Edward L. Pack for a sound study. He described the leases of all the businesses in the building. He asked Council to' consider business decisions. Jeffrey K. Pack of Edward L. Pack & Associates in Sunnyvale, testified before the Council. Mr. Pack stated he prepared a report in September 1990 addressing the dog barking noise, and determined that a full enclosure of the kennel area would be necessary to mitigate the dog barking noise down to acceptable levels as required by the City ordinance. He remarked that at that time there was no mention of any truck noise problems. However, the truck noise problem can be addressed to determine what height size barrier is required. Steve Ionis spoke before the Council as President of Rayne Plumbing. Mr. Ionis related that at the north of the property is a flower distributor who has a fleet of vehicles. To the south of the property is a moving van company which has larger vehicles than what is currently on the Pet Clinic property. Mr. Ionis questioned whose vehicles are causing the noise. John Mallory, 12258 Kirkdale Drive, stated that he resides behind the property at 12244 Saratoga-Sunnyvale Road. He indicated he has previously communicated the problems in writing to the owner and the City. He mentioned other issues and problems with persons allegedly living right behind the fence on his property. Mr. Mallory supports Staff's decision. Susan Mallory, 12258 Kirkdale Drive, reinforced the security issue of a masonry fence. She referred to the ease of access in the present fence which creates no security for her and her family. Joe Clark spoke before the Council as owner of Tom's Plumbing, 12246 Saratoga-Sunnyvale Road, Saratoga. He feels Council should take a look at where the truck noise problems are coming from. John Oliver, P.O. Box 729, Mendocino, California, addressed the Council as owner of the property in question. Mr. Oliver spoke on noise levels. William Benevento, 12270 Kirkdale Drive, shared his experience which he described as one of cooperation between the City, him as a homeowner, and the developer of the office complex in back of his property. Lengthy discussion followed. MONIA/ANDERSON MOVED TO DENY APPEAL AND REQUIRE EIGHT FOOT MASONRY SOUND WALLS. PASSED 4-0. Vice Mayor Kohler moved the agenda to item 8 Public Hearings. 8. PUBLIC HEARINGS - 8:30 p.m. A. Village Design Guidelines Handbook Mr. Emslie described the Staff Report dated January 3, 1991 to the Council. Council members expressed their appreciation for the report. Mr. Monia commented on the rare character of the buildings in the Village. He cautioned against uniformity of the building facades which would take away from the uniqueness of Saratoga. The public hearing was opened at 8:55 p.m. Miles Rankin, Saratoga resident, appeared before the Council. Mr. City Councll Minutes 4 January/2, 1991 Rankin referred to guidelines versus use permits. He feels there is a need for enforcement and specific rules, perhaps by ordinance. Jackie Welch, Saratoga resident, testified before the Council. Ms. Welch served as a member of the Village Design Task Force. She referred to Page 5 of the handbook and stated it is her understanding the intent was for the sidewalk pavings to be tan rectangular brick to mirror the sidewalks between Third and Fourth Streets. Pertaining to Page 17 of the handbook, Ms. Machol related that the placing of a public telephone on the Bella Mia Restaurant porch near the doorway would be an obstruction and would detract from the historical appearance of the building. Bill Carlson, owner of the Kocher Building on Big Basin Way, spoke before the Council. Mr..Carlsoncommended Staff for~a job well done. He suggested that a copy of the handbook be mailed to every person who opensa business in town. With no further testimony, the public hearing was closed at 9:11 p.m. Discussion ensued. Mr. Peacock commented that the intent of the sidewalk pavings was as mentioned by Ms. Welch earlier. He noted the absence of a statement which says that abutting property may be required to do the sidewalk paving if a property is improved. The entire responsibility for installing the paving bricks should not rest on the City~s Capital Improvements Program. Mr. Peacock also clarified that page 47 should be changed to indicate that Saratoga (and not PG&E) has installed brackets near the top of the Village lamp poles. MONIA/ANDERSON MOVED TO ADOPT PROPOSED GUIDELINES WITH CHANGES PERTAINING TO SIDEWALK PAVINGS, CORRECT SPELLING OF JAN HARRIS~ NAME, AND AMEND PAGE 47 TO READ SARATOGA IN PLACE OF PG&E. PASSED 4-0. B. Ordinance modifying Passenger Loading ZoneonBig Basin Way (first reading and i~troduction) Mr. Peacock presented the Executive Summary dated January 2, 1991 to the Council. The public hearing was opened at 9:15 p.m. Bill Carlson testified before the Council as proprietor of Bella Mia Restaurant. Mr. Carlson stated he initially presented this issue to the restaurant association on behalf of the owner of The Plumed Horse Restaurant, who was unable to attend tonight~s meeting. With no other speakers appearing, the public hearing closed at 9:17 p.m. CLEVENGER/MONIA MOVED TO INTRODUCE ORDINANCE BY TITLE ONLY, WAIVING FURTHER READING. PASSED 4-0. Vice Mayor Kohler declared a recess at 9:18 p.m. Upon reconvening at 9:25 p.m., Councilmembers Clevenger, Monia and Vice Mayor Kohler were present. (Councilmember Anderson returned at 9:27 p.m.) Vice Mayor Kohler moved the agenda to item 7-B. B. Approval of Request for Proposals for Audit Services Mr. Peacock briefly reported on the agenda memorandum dated January 2, 1991, to the Council. MONIA/CLEVENGER MOVED TO APPROVE THE REQUEST FOR PROPOSALS FOR THE ANNUAL FINANCIAL AUDIT. PASSED 4-0. C. Request from Los Gatos-Saratoga Joint Union High School District for City to adopt ordinance prohibiting unauthorized playing of baseball, golf or archery. Mr. Peacock reported on the Staff Report dated January 2, 1991 to the Council. He asked Council to decide whether or not the City should play a role in this issue or leave it up to the school district. City Council Minutes 5 January 2, 1991 Responding to Vice Mayor Kohler's request, City Attorney Michael Riback stated that in general, cities are pre-empted by the State in their authority to impose their zoning and building conditions on schools. Discussion ensued. David Guido, 13861 River Ranch Circle, spoke on behalf of the area homeowners association. Mr. Guido displayed two bags of baseballs he has collected in his backyard. He asked that the Senior Division of Little League be prohibited from playing on the field. He communicated that balls are hit higher than the 10' high fencing along the field, creating a dangerous situation when his young daughter plays in their backyard. Mrs. Anderson remarked that this is a situation created when the high school sold the property, and the school district needs to take some responsibility. She feels that the school district needs to be apprised of the issue and of the potential liability involved. Mr. Monia concurs with Mrs. Anderson, but sees a serious problem in that a City resident's health and welfare is in danger. He emphatically stated that the City has an obligation to its residents. Mrs. Clevenger expressed that the City does not have the jurisdiction to do what it needs to do. Discussion ensued. CONSENSUS FOR COUNCIL MEMBER8 TO CONTACT SCHOOL BOARD TRUSTEES INDIVIDUALLY, DISCUSS THE CIRCUMSTANCES, AND SCHEDULE A JOINT MEETING WITH THE SCHOOL BOARD. ITEM TO BE AGENDIZED ON COUNCIL AGENDA IN FOUR TO FIVE WEEKS. D. Memo Authorizing Publicity for Upcoming Hearings CONSENSUS TO APPROVE PUBLICITY AS' RECOMMENDED. E. Resolutions of Intention to Finance Acquisition of Nelson Property and Civic Center Expansion Mr. Peacock sununarized the Staff Report dated January 2, 1991 to the Council. Vice Mayor Kohler observed he is reluctant to vote for the resolution because he voted against the Civic Center improvements. He expressed that the two items should be separated. Councilmember Anderson expressed that the Civic Center improvements are going to happen and the resolution is only to authorize the City to look at options of financing. Councilmember Monia declared that he does not support the Civic Center improvements. Supporting the funding in any way would be supporting building of the project. He does not support the resolution, and suggested continuing the item to the next agenda. Councilmember Anderson responded she will be out of town until the next Council meeting in February. Vice Mayor Kohler feels City should wait on the funding of Civic Center. Mr. Peacock expressed that his concern is the ability to recover as much financing as possible through a bond issue. To wait another month, could incur additional costs up to $40,000. CLEVENGER/ANDERSON MOVED TO ADOPT RESOLUTION OF INTENT. MOTION FAILED 2-2 (KOHLER, MONIA OPPOSED.) 9. CITY COUNCIL ITEMS A. Reports from Individual Councilmembers 1) Agency Shop - West Valley Sanitation District - Clevenger City council Minutes 6 January 2, 1991 Councilmember Clevenger stated that it would be very difficult to support an Agency Shop for the Sanitation District when the City of Saratoga does not have one. 2) MONIA/ANDERSON MOVED TO DIRECT THE CITY MANAGER TO WRITE A LETTER TO JUDGE HENDERSON FOR HIS DECISION REQUIRING METROPOLITAN TRANSPORTATION COMMISSION TO DO ENVIRONMENTAL IMPACT REPORT WITH MORE ACCURATE GROWTH PATTERN FACTORS INCLUDED IN ITS CONSTRUCTION PROJECTS. PASSED 3-1 (CLEVENGERANSTAINED, CITING SHE IS X'MEMBER OF THE AIR QUALITYMANAGEMENT DISTRICT BOARD, WHICH IS A PARTY TO THE LAWSUIT.) B. Agenda items for next adjourned regular meeting 1) Planning Commission Interviews 2) Light Rail Presentations 3) Pierce Road Improvements Noted. 10. CLOSED SESSION on pending litigation concerning Coalition for Hillside Protection vs. City-of Saratoga (Velinsky) and on acquisition of Nelson Gardens property andon illegal grading, clearing and tree removal on Cocciardi/Chadwick development, Tr. 7770. 11. ADJOURNMENT to January 8 at 6:00 p.m. The meeting was adjourned at 10:18 p.m. in memory of Edythmae Stutzman. On behalf of the Council, Councilmember Clevenger conveyed the foliowing message: "We wish to express Council's concern for Mayor Stutzman's grief. We wish there were words to bring you comfort. We want to you know our thoughts are with you." Respectfully submitted, Lynda Ramirez Minutes Clerk