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HomeMy WebLinkAbout02-06-1991 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, February 6, 1991 - 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: Clevenger, Vice Mayor Kohler, Monia, and Mayor Stutzman. (Councilmember Anderson arrived as noted below.) 2. CEREMONIAL ITEMS A. Resolution 91-07 commending Ann Marie Burger for service on Planning Commission MONIA/CLEVENGER MOVED APPROVAL. PASSED 4-0. Mayor Stutzman read and presented the resolution to Ms. Burger. (Councilmember Anderson arrived during reading of the resolution.) 3. ROUTINE MATTERS A. Approval of Minutes - January 14; January 16; January 22 MONIA/KOHLER MOVED TO APPROVE MINUTES OF JANUARY 14, 1991, AS WRITTEN. PASSED 5-0. CLEVENGER/MONIA MOVED TO APPROVE MINUTES OF JANUARY 16, 1991, AS CORRECTED ON PAGE 3, ITEM B-l, SECOND LINE: "THE GROUP .... AND I__S WORKING ON .... " PASSED 5-0. MONIA/CLEVENGER MOVED TO APPROVE MINUTES OF JANUARY 22, 1991, AS WRITTEN. PASSED 5-0. B. Approval of Warrant List ANDERSON/CLEVENGER MOVED TO APPROVE WARRANT LIST. PASSED 5-0. C. Report of City Clerk on Posting of Agenda City Manager/City Clerk Harry Peacock announced that pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on February 1, 1991. 4. CONSENT CALENDAR CLEVENGER/ANDERSON MOVED TO APPROVE CONSENT CALENDAR WITH EXCEPTION OF ITEM 4-I. PASSED 5-0. A. Planning Commission Actions, 1/23 - Noted and filed. B. Library Commission Action Minutes, 1/23 - Noted and filed. C. Heritage Preservation Commission Minutes, 9/19; 10/3 - Noted and filed. D. Citizens Investigative Committee of Tr. 7770 Minutes, 1/10; 1/17; 1/24 - Noted and filed. E. Resolution 91-08 authorizing destruction of microfilmed records. F. Reprogramming of 1990-91 HCDA Allocations G. Resolution 91-09 denying Leposavic appeal heard 1/16 H. 1990 Pavement Management Program - Capital Project No. 909: Final Acceptance and Authorization to file Notice of Completion city Council Minutes 2 Februar~ 6, 1991 I. Final Building Site Approval, SD 89-011 (Tager) Item removed from Consent Calendar by Vice Mayor Kohler. City Engineer Perlin indicated that approval of the final map now allows a soil stability problem to be corrected as the access road is being built. The conditions to annex to the sanitation district and secure easements for water service will have to be fulfilled prior to design review approval. Vice Mayor Kohler stated he would like to see the soils report done before considering final map approval. ANDERSON/CLEVENGER MOVED APPROVAL. PASSED 4-1 (KOHLER OPPOSED.) J. Final Acceptance and Release of Securities, Tr. 6454 (Thomas) and Resolution 36-B-242 K. Resolution 91-10 authorizing City Manager to Award Certain Contracts pursuant to the Informal Bidding Process. L. Authorization for staff to issue Request for Proposals to Wallace, Roberts & Todd for landscape design of Beauchamps Park 5. COMMUNICATION8 FROM COMMISSIONS AND THE PUBLIC A. O~AL COM}gJNICATIONS Betty Jo Stewart, 12517 Palmtag, Saratoga, addressed the Council, requesting a continuing review and report of negotiations, and status of each project of Highway 85 as it is being built in Saratoga. She asked that the review not be limited to soundwalls but include the height of overpasses and interchanges. Councilmember Clevenger responded that she and Councilmember Anderson visited the Cox Avenue overcrossing today, and noted that the overcrossing appears to be higher than four feet above grade. She remarked she had earlier discussed the issue With Mr. Will Kempton of the Traffic Authority and was told it would be graded to four feet. She said the concrete has now been laid and it seems to be eight feet above grade. She requested Council schedule a site visit with the City Engineer for an evaluation of the area. Mrs. Clevenger asked that each Councilmember be provided with the exact height as stated in the agreement between the City of Saratoga and CalTrans. Councilmember Monia questioned whether the City has checked the height and whether the City does regular inspections of the work being constructed. City Engineer Larry Perlin responded it is not the role of the City to inspect the project, but the role of CalTrans. The City's role is to interact with CalTrans to assure the project is not causing any undue impacts during the construction period. Councilmember Anderson stated that the City has several more bridges and freeways to be constructed, and this matter needs to be addressed soon. Vice Mayor Kohler said that the City needs to change its policy and monitor projects which impact Saratoga residents. Councilmember Clevenger commented that a policy change should not be made until after a site visit. CONSENSUS FOR COUNCIL TO MAKE A SITE VISIT, FOLLOWED BY AGENDIZING THE ITEM FOR FEBRUARY 20 FOR FURTHER DISCUSSION. Jennifer Crotty, 13861 Raven Court, Saratoga, addressed the Council, inviting Councilmembers to the Saratoga Parks and Recreation Commission's dedication of new park equipment at E1 Quito, Gardner, and Congress Springs Parks. The dedication is scheduled for February 9, 1991, 10:30 a.m. at E1 Quito Park. City Council Minutes 3 February 6, 1991 Larry Mehringer, 18709 Westview Drive, Saratoga, addressed the Council regarding Campbell Union High School District's (CUHSD) proposal to close two high schools, of which one is Prospect High School in Saratoga. Mr. Mehringer commented on Prospect's quality education, open space, athletic fields, gyms, and other services to the community. He requested Council's action to help resolve two issues which he described as educational crises. One request is for Council to recommend to CUHSD not to close Prospect High School. The other request is for Council to pursue a joint land use agreement with CUHSD for the fields, gym, tennis courts, etc. Mr. Mehringer said that this is an emergency request as a public hearing on the issues is scheduled with the School Board on February 12. Councilmember Clevenger noted that no action on the item can be taken unless it is first placed on the agenda by a four-fifths vote. CLEVENGER/MONIA MOVED THAT THE ITEM BE PLACED ON TONIGHT'S AGENDA AS AN EMERGENCY SINCE THERE IS NO TIME TO NOTICE IT IN THE NEWSPAPER. PASSED 5-0. Discussion ensued. Karen Dowdy, a parent in the attendance area of Prospect High School, addressed the Council, supporting that a letter regarding a joint land agreement be sent to the School District. However, she commented that Council should not recommend that all students displaced by the closing of either or both schools be placed in one school as transportation is a problem. She also stated she is against adjusting boundary lines. Councilmember Monia remarked that a joint use agreement is consistent with the City's efforts to utilize open spac~ and recreational facilities as much as possible. Following discussion, CONSENSUS FOR CITY MANAGER TO SEND CAMPBELL UNION HIGH SCHOOL DISTRICT A LETTER EXPRESSING THE CITY'S INTEREST IN PURSUING A JOINT USE AGREEMENT WITH PROSPECT HIGH SCHOOL IF THE BOARD IS INTERESTED. B. WRITTEN COMMUNICATIONS 1) Memo from Association of Bay Area Governments concerning Regional Governance: Bay Vision 2020 Proposal and AB 3 (Brown) Councilmember Clevenger stated she does not feel Council is ready to address this issue as it is quite involved. CONSENSUS TO CONTINUE TO A FEBRUARY 12, 1991, ADJOURNED REGULAR MEETING. 2) Request by Intergovernmental Council to endorse establishment of an Urban Forestry Task Force and appoint a representative from the City Council Councilmember Clevenger stated that the representative does not necessarily have to be from the City Council. Following discussion, CONSENSUS TO REFER TO CITY PARKS AND RECREATION COMMISSION. 6. OLD BUSINESS A. Continuation of Utility User Tax at current rate (continued from January 16) Col. E.T. Barco, Saratoga resident, addressed the Council, encouraging elimination of the utility tax. Peggy Corr, 19924 DeHavilland Drive, Saratoga, addressed the Council on behalf of the Good Government Group, stating that it would be a mistake not to continue the utility user tax for the City council Minutes 4 February 6, 1991 road management program. ANDERSON/CLEVENGER MOVED TO APPROVE CONTINUATION OF UTILITY USER TAX. SmilJa Maynard, 19930 Saratoga-Los Gatos Road, Saratoga, addressed the Council, questioning when the City plans to repair the left lane from Saratoga-Sunnyvale Road into Saratoga-Los Gatos Road. Mr. Peacock responded that this is a State highway project and will be referred to. CalTrans. Councilmember Monia reiterated that he cannot support the utility tax for reasons previously stated in other meetings. Vice Mayor Kohler said he is against the utility tax and against the City spendin~ money on the Civic Center project. Councilmember Clevenger commented that public hearings have been held on this issue, and the tax is needed to maintain the City's financial stability. MOTION VOTED ON AND PASSED 3-2 (KOHLER, MONIA OPPOSED.) THE MOTION INCLUDES ACCEPTANCE O[ REVISED REPORT FOR THE FISCAL YEAR 1991- 92. B. Resolutions of Intention 91-11 and 91-12 to Finance Certain City Improvements from the Proceeds of Tax- Exempt Obligations Mr. Peacock presented the report dated January 2, 1991 to the City Council. Vice Mayor Kohler remarked that the amount is excessive to spend on City Hall, and he is against the resolution. Councilmember Monia agrees that the financials pertaining to Nelson Gardens are best for the City; however, he opposes joining it with the City Hall expansion and will vote against a motion to adopt the resolution. ANDERSON/CLEVENGER MOVED TO ADOPT-RESOLUTIONS OF INTENTION 91-11 AND 91-12. PASSED 3-2 (KOHLER, MONIA OPPOSED.) Mayor Stutzman moved the agenda to item 8, Public Hearings. 8. PUBLIC HEARINGS A. CDBG/Human Services Allocations for 1991-92 Carolyn King, Assistant to the City Manager, presented the Staff Report dated February 6, 1991, to the City Council. The Public Hearing opened at 8:40 p.m. Leta Friedlander, 13540 Saraview Drive, Saratoga, addressed the Council on behalf of Live Oak Adult Day Services, requesting an increased allotment. Arlyne June, addressed the Council as Executive Director of Project Match, encouraging Council's continued support of the program which matches shared housing. Elizabeth Replogle, 19208 Vineyard Lane, Saratoga, addressed the Council as President of the Saratoga Area Senior Coordinating Council (SASCC). She deferred to Paul Moore of SASCC, who addressed the Council. In response to Councilmember Monia's questions, Mr. Moore responded that SASCC's endowment fund has earned about $50,000 in interest income. SASCC is allowing the fund to compound for purposes of becoming self-sufficient in the future. Colleen Lukoff and William H. Cilker addressed the Council on behalf of the Second Harvest Food Bank, asking for City support. City Council Minutes 5 February 6, 1991 The County of Santa Clara has provided property for the Food Bank to construct a building at Curtnet and Almaden Expressway to continue the food program. Kathleen Niedlander, 4240 Forestwood Drive, San Jose, addressed the Coun0il as a volunteer at the Women's Housing Connection, a program for homeless women and children. The program, formerly E1 Zocalo, has re-organized under a new Board of Directors and a new Interim Manager who is volunteering her services. Ted McEachen, 13092 Regan Lane, Saratoga, addressed the Council on behalf of Friends of the Reading Program, encouraging Council to approve a $1,000 grant to teach others to read. Donna Donohue, 1932 North Star Circle, San Jose, addressed the Council as Executive Director of the Long Term Care Ombudsman Program, encouraging Council's support. Barbara Zahner, 803 South First Street, San Jose, addressed the Council as Executive Director of Sacred Heart Community Services, and urged Council's support for a grant. Lauren Mende, addressed the Council as Manager of the Transit Assist Program. Donna Lynd, 1124 Allston Court, San Jose, addressed the Council as Executive Director of the Senior Coordinating Council of Los Gatos Case Management Program. With no further public testimony, the Public Hearing was closed at 9:25 p.m. Vice Mayor Kohler commended Ms. King for a job well done. He proposed allocating the funds equally among the applicants. Councilmember Clevenger disagreed, preferring that each request be evaluated fairly and on its own merit. CLEVENGER/ANDERSON MOVED TO APPROVE PROPOSED ALLOCATIONS AS RECOMMENDED BY STAFF. Councilmember Monia expressed concern that although Staff has done an excellent job in their recommendation, the City is unable to fund some worthwhile programs. He referred to a situation which has changed dramatically from last year to this year, specifically SASCC's cashflow status, and is suggesting a change in Staff's proposed recommendations. Vice Mayor Kohler concurs with Councilmember Monia. A discussion ensued. MONIA/KOHLER MOVED TO AMEND MOTION TO FUND 100% THE OMBUDSMAN PROGRAM, THE TRANSIT ASSIST PROGRAM, THE SECOND FOOD HARVEST BROWN BAG PROGRAM, AND $1500 FOR THE LIVE OAK PROGRAM ADULT DAY CARE PROGRAM, FOR A TOTAL OF $6,000, AND REDUCE $6,000 FROM THE SASCC ADULT DAY CARE PROGRAM. MOTION PASSED 3-2 (ANDERSON, CLEVENGER OPPOSED.) MOTION TO APPROVE STAFF RECOMMENDATION AS AMENDED. PASSED 5-0. FOR THE RECORD, THE INTENT OF THE MOTION IS TO INCLUDE THE RECOMMENDATIONS ON THE CAPITAL PROJECTS. Mayor Stutzman declared a recess at 9:55 p.m. Upon reconvening at 10:05 p.m., the same Councilmembers were present. B. Appeal of denial of tentative map approval to subdivide a 2.67 acre lot at 12297 Saratoga-Sunnyvale Road into one two-acre multi-family parcel and two .3-acre parcels for com/nercial use; use permit to allow a 26-unit multi- family residential development within a Commercial Visitor zone district; design review approval for the City Council Minutes 6 February 6, 1991 entire project; variance approval to allow the two commercial structures to encroach into rear yard setbacks, with the associated Negative Declaration (Appellant/applicant, Lightner - Peninsula Townhomes) (SD90-003). Mr. Emslie summarized the Staff Report dated February 6, 1991, to the City Council. The Public Hearing was opened at 10:20 p.m. Bill Lightner addressed the Council as the developer and owner of Peninsula Townhomes. Mr. Lightner clarified that the larger townhomes are expected to be sold at less than $400,000 and the smaller units at less than $300,000. He stated he has been working with the Oak Creek Homeowners Association, the Planning Department and Planning Commission for the past 13 months. Using a slide projector, Mr. Lightner and his team, comprised of architects Jeff Zimmerman and Brent Kitton, presented an overview of the project, contrasting the design to other local projects. Dick Siegfried, 13388 Surrey Lane, Saratoga, addressed the Council as a citizen of the community, encouraging the Council to look at the project favorably. He stated that the streetscaping does not impact any residential property. Fran Krezek, 20570 Ashley Avenue, Saratoga, addressed the COuncil as President of the League of Women Voters of Los Gatos-Saratoga, urging the Council to grant the appeal. Greg Paquin, 12339 Julie Lane, Saratoga; testified before the Council asking for approval of the project. Kathryn Paquin, 12339 Julie Lane, Saratoga, addressed the Council. She is interested in well-designed, attainable, moderately priced housing, and asked the Council to support the project. Faith Schmidt, 19964 Mallory Court, Saratoga, spoke before the Council on behalf of 61 persons who signed a petition supporting the project. Ms. Schmidt referred to SB 2011 (Green) which encourages more housing along transportation corridors. Nancy Anderson, 13561 Lomond Court, Saratoga, addressed the Council as Saratoga Chairperson of the Association of American University- Women of Los Gatos-Saratoga, encouraging the Council to fulfill its obligation to provide affordable housing for senior citizens and women and children residents of Saratoga. Cynthia Rockwood, 20445 Williams Avenue, Saratoga, addressed the Council, urging the City to proceed with the project. Hazel Rundquist, 20632 Oak Creek Lane, Saratoga, addressed the Council, stating she would be affected by the project as her view looks right into the Hubbard-Johnson property. She stated she has no problem with the design nor the density. She said that Mr. Lightner has worked with the residents from the beginning of the project. She asked the Councilto favor the proposal. A1 Hockley, 20563 Oak Creek Lane, Saratoga, spoke on behalf of the Oak Creek Homeowners Association, stating that the Association has decided to support the project and encouraged the Council to do likewise. John DiManto, 1991 Leigh Avenue, addressed the Council stating he has been following the project for months. He said the density issue is overcome by the plan. He urged Council's support. Mr. Lightner again addressed the Council. He said the project has no impact against Saratoga hillsides. The project has the support of the Greenbelt Alliance, the Santa Clara Valley Audibon Society and the Committee for Green Foothills. Finally, he stated that the density of eight to ten units per acre which the Planning Commission prefers cannot be financed and cannot be sold; City Council Minutes 7 February 6, 1991 therefore, won't get built. Mr. Lighther asked the Council to approve the project. The Public Hearing closed at 11:30 p.m., and a lengthy discussion ensued. Councilmember Anderson stated that the Lightner project could be an affordable housing project which would mean much smaller units and much denser facilities. However, she said she is not convinced that the project is low enough to be considered affordable, nor is it in such a desirable location that it can be sold for more. Councilmember Monia noted that there have been long ongoing negotiations with the Planning Commission and the developer on what is reasonable for the particular site. However, he stated there are a long list of considerations that have not been addressed regarding zoning regulations. He feels that the project is the right kind of development for the particular lot. He is not pleased with the over-extension in some areas. He is concerned with deviation from the square area of the parking into the square footage of the commercial area. He referred to the density as a critical element to the overall quality of life to the community. Councilmember Monia expressed that the developer is in control of financial aspects, and not the City, which is in control of planning and developing the community. Councilmember Monia prefers that the site be developed with a standard parking ratio of 1:200 and that the City select the RM- 4,000 zoning for the site. Councilmember Clevenger commented that the project is more affordable than most of the City's new projects and it's a step in the right direction. She said that the project is attractive. She noted there was no opposition to the project at the public hearing. Vice Mayor Kohler stated that Saratoga is a low-density community and he is against the proposed project density level. Mayor Stutzman remarked that the architectural rendering is attractive, but he is concerned with the density level of 13 homes per acre, which would leave very little room for streets, sidewalks, patios, etc. Discussion ensued. CLEVENGER/ANDERSON MOVED TO APPROVE PROPOSAL AS SUBMITTED. MOTION FAILED 2-3 (KOHLER, MONIA, STUTZMAN OPPOSED.) MONIA/KOHLER MOVED THAT ZONING BE ESTABLISHED AT RM-4000 FOR FUTURE DEVELOPMENTAL CONSIDERATIONS AND THE PARKING RATIO BE SET AT 1:200. MOTION PASSED 3-2 (ANDERSON, CLEVENGER OPPOSED.) Discussion ensued regarding whether or not to return the application to the Planning Commission. Mr. Lightner again addressed the Council, citing Government Code Section 65589.6 (amended 1990), "California law prohibits you from denying approval of a proposed housing project that otherwise complies with applicable General Plan zoning and development policy in effect at the time of completion of the application on the basis of density, UDleSS you base your denial on some written findings supported by substantial evidence on the record that the project would have a specific adverse impact on the public health and safety that cannot mitigated or avoided in some other manner. It is also prohibits you from approving a proposed housing project upon the condition that it be developed at a lower density." Discussion ensued regarding SB 2011 and the reasons for turning down a project for a higher density. CONSENSUS THAT MOTION TO BE CONDITIONAL UPON CITY ATTORNEY'S LEGAL OPINION AT FEBRUARY 20, 1991 COUNCIL MEETING. City Council Minutes S Februar~ 6, 1991 C. Appeal of denial of tentative map approval to allow subdivision of a 45,870 sq. ft. lot into two separate parcels in the R-1-12,500 zone district at 20811 Norada Ct., with the associated Negative Declaration (Appellant/applicant, Shuffle) (SD90-005). Mr. Emslie presented Staff Report dated February 6, 1991, to City Council. The Public Hearing opened at 12:04 a.m. Neither the appellant nor a representative was present to speak at the meeting. Susan Cameron, 12191 Beauchamps Lane, Saratoga, addressed the Council, presenting photographs to illustrate the Rroperty is directly in her line of view. Mr. Peacock announced that the City received a letter from Mr. and Mrs. Terrence P. Murdock asking the Council to denial approval. With no further public testimony, the Public Hearing closed at 12:06 a.m. Following discussion, CLEVENGER/ANDERSON MOVED TO UPHOLD PLANNING COMMISSION'S DECISION. PASSED 5-0. D. Amendment to the Zoning Ordinance to allow certain cellular telephone transmission structures (with those between 40 and 65 feet high being subject to a use permit) in the Commercial and Professional Office Zone District, with the associated Negative Declaration Mr. Emslie summarized the Staff Report dated February 6, 1991, to the City Council. The Public Hearing began at 12:10 a.m. Peggy Cocker, addressed the Council as attorney for GTE MobilNet. The Public Hearing closed at 12:11 a.m. KOHLER/ANDERSON MOVED TO INTRODUCE THE ORDINANCE BY TITLE ONLY, WAIVING FURTHER READING, AND APPROVE THE NEGATIVE DECLARATION. PASSED 5-0. Mayor Stutzman moved the agenda to item 7, New Business. 7. NEW BUSINESS A. Congestion Management Agency Joint Powers Agreement - Continued to next Council meeting. B. Award of Auditor Contract CLEVENGER/ANDERSON MOVED TO AWARD CONTRACT TO MAZE AND ASSOCIATES IN AN AMOUNT NOT TO EXCEED $38,450. PASSED 5-0. C. Resolution Authorizing Giving of Notice of Intent to Adopt Condemnation Resolution: "Nelson Gardens" Property - 20851 Saratoga Hills Road ANDERSON/MONIA MOVED TO ADOPT RESOLUTION 91-13 PROVIDING NOTICEAND SETTING PUBLIC HEARING FOR MARCH 6, 1991. PASSED 5-0. D. Adoption of City of Saratoga Safety Policy and Injury Prevention Program CLEVENGER/ANDERSON MOVED TO ADOPT PROGPj%M IN COMPLIANCE WITH SB 198. E. Memo Authorizing Publicity for Upcoming Hearings - Rinaldo Appeal~ Grotzinger Appeal City Council Minutes 9 February 6, 1991 CLEVENGER/ANDERSON MOVED TO APPROVE PUBLICITY AS RECOMMENDED. PASSED 5-0. F. Process for Naming Streets - Continued to next Council meeting. G. Items to include on 1991 Policy Development Conference Agenda Noted. H. Joint Meeting Schedule for 1991 CLEVENGER/ANDERSON MOVED TO APPROVE SCHEDULE AS PRESENTED. PASSED 5-0. I. Annual Review of City Investment Policy CLEVENGER/ANDERSON MOVED TO APPROVE RECOMMENDED CHANGES. PASSED 5-0. J. Required Retirement System Coverage for Part-time Temporary Employees - Continued to next Council meeting. Mayor Stutzman moved the agenda to item 9, City Council Items. 9. CITY COUNCIL ITEMS A. Possible Agenda Topics for Adjourned Regular Meeting February 12 1) Interviews with Library Commission Applicants; 2) Joint meeting with Planning Commission for Air Quality Plan Presentation by Air Quality Management District; 3) Red Cross Memorandum of Understanding; 4) Electro- Magnetic Fields B. Possible Agenda Topics for Joint Meeting with Los Gatos/Saratoga High School District on February 26 1) Baseball playing at Saratoga High; 2) City use of Saratoga High sports facilities for recreation programs; 3) Repeal of SB 2557 charging for property tax collection; 4) Joint development of a theater at Saratoga High; 5) Congestion Management; 6) District Merger Discussions; 7) Other C. Reports from Individual Councilmembers Councilmember Monia announced he will be attending the Santa Clara County Planning Commission meeting regarding Landtech Development. 10. CLOSED SESSION on pending litigation concerning illegal grading, clearing and tree removal on Cocciardi/Chadwick development, Tr. 7770. and on potential litigation concerning SD88-019 and DR90-050/Birenbaum. 11. ADJOURNMENT The meeting was adjourned at 12:30 a.m. to February 12, 1991, at 6:30 p.m. Respectfully submitted, Lynda Ramirez Minutes Clerk