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HomeMy WebLinkAbout03-06-1991 City Council Minutes MINUTES SARATOGA.CITY COUNCIL TIME: Wednesday, March 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. Councilmember Present: Anderson, Clevenger, Vice Mayor Kohler, Monia, and Mayor Stutzman. Mayor Stutzman announced that yesterday afternoon the City received a letter from Norman Matteoni, legal counsel for Nelson Gardens, proposing legal matters relative to the resolution which the Council had scheduled to be heard tonight. It was not possible for the City Attorney to adequately respond to the various matters proposed, so the Public Hearing scheduled under Item 8A of tonight's agenda is being postponed until a later date. 2. CEREMONIAL ITEMS - None. 3. ROUTINE MATTERS A. Approval of Minutes - 2/16; 2/20; 2/26 ANDERSON/MONIA MOVED APPROVAL OF THE MINUTES OF FEBRUARY 16, 1991, AS WRITTEN. PASSED 5-0. MONIA/KOHLER MOVED APPROVAL OF THE MINUTES OF FEBRUARY 20, 1991, WITH FOLLOWING AMENDMENTS: Page 9, item 7B, line 2, Councilmember Clevenger clarified that, "I__T IS POSSIBLE THAT the City could qenerate funds by leasinq the buildinq and donatinq the funds to the Library." Page 4, line 4 regarding the Lightner project, Councilmember Monia said it was his intent 'that the architectural rendering be included in the agreement to be used to determine that the development is in compliance with the approval. MOTION PASSED 5-0. CLEVENGER/KOHLER MOVED TO APPROVE THE MINUTES OF FEBRUARY 26, 1991, AS WRITTEN. PASSED 4-1 (MONIA ABSTAINED AS HE WAS NOT PRESENT AT THE MEETING.) B. Approval of Warrant List Councilmember Anderson directed staff to review annual dues to League of Cities based on City's population and report back to Council. If there is a substantial difference in dues for city populations under 30,000, she proposed the difference be used to pay dues to join the National League of Cities. MONIA/AMDERSON MOVED TO APPROVE WARRANT LIST. PASSED 5-0. C. Report of city Clerk on Posting of Agenda The City Clerk announced that pursuant to Government Cdde 54954.2, the agenda for this meeting was properly posted on March 1. 4. CONSENT CALENDAR MONIA/AMDERSON MOVED APPROVAL OF CONSENT CALENDAR WITH EXCEPTION OF ITEMS 4-G, 4-I, AND 4-N. PASSED 5-0. A. Planning Commission Actions, 2/27 - Noted and filed. B. Youth Commission. Minutes, 1/14 - Noted and filed. C. Citizens Investigative Committee of Tr. 7770 Minutes, 1/31; City Council Minutes 2 March 6, 1991 2/7; 2/14 - Noted and filed. D. Library Commission Minutes, 2/27 - Noted and filed. E. Authorization for attendance of Mayor and.Environmental Programs Manager at environmental workshop, San Rafael, March 22-23, with reasonable and necessary expenses. F. Authorization for attendance of Planning Director and three Planning Commissioners at Planning Commission Institute, Monterey, March 20-22, with reasonable and necessary expenses. G. Final Building Site Approval, 3 lots, Radoyka Dr. (SD90- 006)(Developer, Kosich) and Waiver of Assessment District Protest Agreement. Item removed- from agenda by Councilmember Clevenger who requested that the last line of page i of the Waiver Assessment District Protest Agreement be amended to read, "subsequent owners of any of the parcels to prote~t the formation .... " CLEVENGER/ANDERSON MOVED APPROVAL WITH CORRECTION. PASSED 5-0. H. Resolution 779.3 amending confrict of Interest Code I. Resolutions 91-19, 91-20, 91-21, and 91-22 granting Lightner appeal as to design review, variance, and conditional use permit and modifying tentative map approval. Councilmember Anderson removed item 4-I from agenda for discussion. She referred to the letter from Fran Krezek of the League of Women Voters regarding the Lighther project. Councilmember Anderson pointed out that the Lightner project does not generate any low or moderate income housing because it does not comply with the median income of the County. ANDERSON/MONIA MOVED APPROVAL OF RESOLUTIONS. PASSED 5- J. Resolution 91-23 denying Grotzinger appeal. K. Resolution 91-24 commending Adrian Stanga as Citizen of the Year. L. Resolutions 91-25 and 91-26 authorizing execution of Agreements in connection with Household Hazardous Waste: Agreement for Drop-Off Event on March 30, 1991, and Consultant Agreement. M. Resolution 91-27 revising Village Library Lease N. Approval of Purchase of Computers for Networking System. Item removed from agenda by Councimember Clevenger. She suggested that the item be taken off the consent calendar and placed-under "Old Business" for discussion because it is a major expense. Harry Peacock, City Manager, said that the proposal is to begin to network the City's computers and bring the Planning Department into the same system as the Building Department's for an automatic shared information database. The intent is to be able to retrieve recordations, permits, conditions, approvals, etc. Mr. Peacock said that the City is not proposing to spend any money to archive past records. The goal is to network all of the computers in all of the City departments, but for the present the proposal is to proceed with the existing record system. In response to Councilmember Clevenger's inquiry, Mr. Peacock replied Cit~ Council Minutes 3 March 6, 1991 that the City would be spending approximately $35,000 for the first phase of the system. Councilmember Monia commented that a similar system was recently installed in his place of business and suggested ways of increasing the system's capacity. Discussion continued. Councilmember Anderson suggested the. involvement of the Board of Realtors. Mr. Peacock responded that the City's involvement with the Board was basically that the City would charge them a service fee for the Board's percentage use of the system. He said that the Board is not so much interested in current information as historic information which will not be in the system within the next few years. The BOard has not responded to the City's proposal. At Mr. Peacock's suggestion, THERE WAS CONSENSUS FOR STAFF TO MEET WITH VENDOR FOR PRICING OF PROPOSED COMPUTER UPGRADINGAND REPORT TO COUNCIL IN TWO WEEKS. 5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS Wanda Alexander, a County resident, addressed the Council regarding the Velinsky project. She requested that the vegetation and screening on the southside which borders her property be installed immediately. Councilmember Anderson commented that it would be premature to make any decision about the trees because of the drought and uncertainty of water conservation rate to be imposed on citizens. Ms. Alexander responded that she would take responsibility for the watering and would not be using City water. Mayor Stutzman commented that water sources would not be a problem in the specific area because of a spring nearby which is continuous throughout the year, regardless of dry periods. Stephen Emslie, Planning Director, responded to Councilmember Clevenger's concerns. He said that the landscaping is required to be completed prior to final inspection of the Velinsky project which is four to six months away from completion. City Attorney Michael Riback, responding to Mrs. Clevenger's inquiry, said that the Council cannot change a condition which has already been approved by the Council, specifically a condition which was imposed as "at the discretion of the applicant." Mr. Emslie reported that all landscaping is required before final occupancy of a building; however, since. the drought, the Planning Commission has directed the City to accept bonds in lieu of planting trees and that would be at the applicant's request. Following discussion, Councilmember Monia volunteered to call Mr. Velinsky regarding this issue and report back to the Council. Ms. Alexander expressed concern that the grading in the project area is at least five to seven feet below the 660 line, far below what the neighbors were led to believe. Councilmember Monia directed staff to review the grading issue and report back at the next Council meeting. B. WRITTEN COMMUNICATIONS 1) Charles S. Moore, Transit Advocates Group, 4845 Felter Rd., Milpitas 95035, requesting a meeting with Council concerning rail transit in Saratoga and the County. CONSENSUS TO DIRECT STAFF TO THANK GROUP FOR OFFER AND DECLINE INVITATION. 2) Request from Library Commission for appointment of Councilmember to participate on committee to develop City Council Minutes 4 March 6, 1991 ~ a building plan for Library expansion. CONSENSUS TO APPOINT COUNCILMEMBER MONIA TO PARTICIPATE ON COMMITTEE. 3) Corrie Marcellino, Hospice of the Valley, 1150 S. Bascom Ave. Suite 7A, San Jose 95128, requesting fee waiver for use of Hakone Gardens for memorial service. Barbara Noggle addressed the Council on behalf of Hospice of the Valley, a non-profit agency which serves terminally ill people in Santa Clara Valley. Councilmember Anderson suggested that perhaps the Hospice might pay the janitorial fees. Responding to Mayor Stutzman's question, Ms. Noggle said that in the past the City has waived the fee.. Mayor Stutzman clarified that the City implemented a policy in May 1990 not to waive fees for non-profit groups, except for events co-sponsored by the City. Councilmember Clevenger noted that Hakone Gardens is particularly soothing pertaining to the event the Hospice is planning. She does not anticipate that because the fee is waived for Hospice's event, a precedent would be set. Councilmember Monia felt that this is an opportunity for the City to become a support mechanism and help people in need. He moved that the City co-sponsor the event. Councilmember Anderson concurs, but would not want to open it up so every group is asking the City for an exemption. Mr. Peacock pointed out that for the City to co-sponsor an event would involve issues of liability (City participation and supervision of the event.) He would prefer, from a City policy standpoint, that the City Council make an exception to the fee, rather than co-sponsor the function. Mr. Monia withdrew his motion. Discussion continued regarding waiving the fee. Mayor Stutzman said that if the fee is waived that it be for this year only and that the City adhere to the policy which has been established that fees are not waived for non-profit groups. He encouraged Hospice of the Valley to apply next year for a $500.00 grant from City CDBG grants fund, under social services allocation. Councilmember Anderson is not willing to waive the costs, unless Hospiceof the Valley pays for direct costs of the use of the building. ANDERSON/MONIA MOVED TO WAIVE THE $500.00 FEE AND THAT HOSPICE OF THE VALLEY PAY FOR MAINTENANCE AND CLEAN-UP COSTS. PASSED 5-0. 6. OLD BUSINESS A. Resolution 91-28 granting and modifying Rinaldo Appeal. Mr. Peacock summarized the resolution. KOHLER/CLEVENGER MOVED APPROVAL. PASSED 5-0. Mayor Stutzman declared a recess at 8:25 p.m. Upon reconvening at 8:35 p.m., the same Council members were present. Mayor Stutzman moved the agenda to Public Hearings, Item 8. 8. PUBLIC HEARINGS - 8:30 p.m. A. Resolution of Necessity Authorizing the Acquisition of Certain Property and Finding that the Public Interest and Necessity require the Proposed Project, that the Location thereof causes the least private Injury, that the subject Cit~ Council Minutes 5 March 6, 1991 property is necessary for the proposed project (Nelson Gardens Property - 20851 Saratoga Hills Road) Mayor Stutzman repeated that the Public Hearing on Nelson Gardens property will not be heard tonight because of a last minute legal brief which needs to be properly researched and addressed. Mr. Peacock announced that the Public Hearing will be re-advertised in the newspaper at a later date. B. Appeal of denial of design review approval to construct an 899 sq. ft. second story addition to an existing 2,086 sq. ft. one-story home on a corner parcel at 19135 Brook Lane in the R-l-10,000 zone district (Applicant/appellant, Spanek)(DR90-071). Mr. Emslie presented the Staff Report to the City Council. Using an overhead projector, he illustrated the structures in the neighborhood and the revision. the applicant has proposed. Responding to Mayor Stutzman's question, Mr. Emslie said that there was no opposition to the plan voiced at the Planning Commission level. Letters were received from the neighbors who have seen the plans and support the application. The Public Hearing opened at 8:44 p.m. Denis Spanek addressed the Council as applicant/appellant. He noted that when he first designed the addition, it was in consideration of the neighbors who would be affected. He has taken into consideration Johnson Avenue where the addition setbacks from the corner. He stated he has approached the plan from a totally privacy factor to his neighbors. He described his plans which were designed to cooperate with the City's regulations. A discussion ensued wherein Mr. Spanek and his contractor, Tom Stroud, 1655 Johnson Avenue, responded to Council members' questions. Warren DeLisle, 19125 Brook Lane, addressed the Council as the neighbor directly adjacent on the east side of the Spanek property. He is the original owner of the house which he purchased in 1954. He recommended that the City Council overrule the Planning Commission's decision and grant the appeal. Shelley Williams, 11951 Brookridge, addressed the Council as a neighbor of the Spaneks who moved in 36 years ago. He is Vice President of West Brook Homeowners Association who support the plan. He encouraged the Council to grant the appeal. With no further testimony, the Public Hearing was closed at 8:58 p.m. Councilmember Anderson stated that she finds it difficult to turn down a second-story addition when there is no opposition from the neighborhood. She said the neighborhood is clearly a one-story neighborhood; however, this corner lot is very unique in that it has a tremendously wide setback on the side which prevents full utilization of the lot. To go into a one-story addition would mean losing yard space. The City is very strict about sideyard setbacks in corner lots. She is not opposed to this particular second story addition because it is a good practical design. Councilmember Clevenger voiced that she would favor approval based on the applicant's design. MONIA/ANDERSON MOVED TO APPROVE APPEAL PER PLAN B, OVERTURNING THE RESOLUTION OF THE PLANNING COMMISSION. Vice Mayor Kohler commented that there were no neighbors who opposed the plan and he will be voting in favor of the motion. Mayor Stutzman said that neighbors should deem what the neighborhood homes should look like. Being that there were no objections from the neighbors, he felt that the design was reasonable. City Council Minutes 6 March 6, 1991' MOTION PASSED 5-0. C. Appeal of denial of design. review to construct an 823-sq. ft. second story addition to a 2,161 sq. ft. one-story single family residence at 13630 Beaumont in the R-i- 10,000 zone. (Applicant/appellant, Salter)(DRg0-068) Mr. Peacock announced that the City received recent communication from Yung-Feng Kao opposing the plan, and a letter from Mrs. Velita Behnke, 13691 Beaumont Avenue, Saratoga, in favor of the project. Mr. Ems~ie summarized the Staff-Report dated March-6, 1991, to the City Council. Through overhead projections, he reviewed the second story additions and "room over garage" dwellings in the neighborhood. Discussion ensued wherein Mr. Emslie responded to Council members' questions. The Public Hearing opened at 9:10 p.m. Bob Salter addressed the Council as applicant/appellant. He has resided in the area for over 15 years. He has worked with the Planning Department to soften the look of bulk and height of the structure. Mr. Salter distributed photographs of the surrounding properties and vegetation to Council members to illustrate heights and design. He asked the Council to approve the project. The architect of the plan addressed the Council. He indicated that the plan had received support from the majority of the neighbors. He pointed out that there is a possible solution to a one-story structure, but it would necessitate moving the driveway closer to the trees and would have to get within three feet of the Redwood trees. To add two bedrooms to the house would entail removing some trees and alleviate the possibility of adding a swimming pool in the future. Lili Kao, 13649 Howen Drive, addressed the Council, opposing the addition of the second story, and requesting the Council to deny the appeal. James Lieu, 350 Edlee Avenue, Palo Alto, addressed the Council as legal counsel for the Kaos. Mr. Lieu stated that the proposed plan is very close to the Kaos' backyard fence. With the trees proposed in the plan, the Salters can still overlook the Kaos' back yard. Mr. Lieu said there are no second stories in the immediate neighborhood. Approval of the plan would establish a precedent because Beaumont Street is several feet higher than Howen Drive. William Brooks, 20230 Merrick Drive, addressed the Council. He said the style doesn't impact any of the neighbors, the design is done tastefully, and encouraged the Council to support the project. With no further testimony, the Public Hearing was closed at 9:36 p.m. Councilmember Anderson said that from her viewpoint, she looks at the privacy impacts. There has been an attempt from the architect to get away from a boxy look. She noted that a corner lot doesn't have much backyard space. If the addition were put on the first story, it would have to take out part of the Redwood trees, to which she objects. However, she would anticipate possible privacy impacts from the deck and looking back into someone else's yard. Councilmember Clevenger agrees with Mr. Brooks' comment that the testimony heard tonight is very similar to the Spanek hearing in that they're corner lots and that the neighborhood has about the same number of existing two-story homes. To add to either side would have an impact on the neighbors. She felt that putting the bedroom over the garage, going up four feet in height is the best alternative. Councilmember Monia stated his views and said he would support the two- story addition. Vice Mayor Kohler said that putting in a two-story addition would city. Council Minutes 7 March 6, 1991 change the whole neighborhood character. He is against two-story homes in the neighborhood. Mayor Stutzman noted that he visited the neighborhood. He drove around the neighborhood and reviewed the characters of the homes, paying particuIar attention to this house. He feels that the architectural rendering of the house would enhance the character of the house and would improve the value of the surrounding homes. Mayor Stutzman said that the petition from the majority of the neighborhood saying that they approve the design is an overwhelming mandate from the neighborhood that this is what the people want. MONIA/CLEVENGER MOVED TO OVERTURN PLANNING COMMISSION,S RESOLUTION OF DENIAL DRg0-068ANDAPPROVETHE APPLICANT~S APPEAL WITH REMOVAL OF DECK OR PRIVACY IMPACTS, SUCH~MODIFICATIONS TO BE APPROVED BY THE PLANNING DIRECTOR. PASSED 4-1 (KOHLER OPPOSED.) Mayor Stutzmanmoved the agenda to Item 7A. 7. NEW BUSINESS A. Route 85: Blue Hills Pedestrian Overcrossing - Selection of Visual Barrier Materials. CONSENSUS TO SELECT DANK BROWN CLADDING FOR THE CHAIN LINK FENCE WITH WOOD TONE METAL SLATTING. B. Approval of Revised Bylaws for Santa Clara County Cities Association. CLEVENGER/ANDERSON MOVED TO APPROVE BYLAWS. PASSED 5-0. Mayor Stutzman moved agenda to Item 9. 9. CITY COUNCIL ITEMS A. Agenda items for Joint Meeting with Public Safety Commission on March 12. Mr. Peacock reported that Larry Perlin, City Engineer, has suggested that the Public Safety Commission might want to consider establishing a subcommittee to address traffic-related matters only. Many times it takes a long time to get traffic-related issues before the Commission. The subcommittee would initially review the issue and speed up the process. Councilmember Anderson requested that the issue of Vandalism be added to the agenda. She doesn't feel that enough is being done to prevent vandalism. Vice Mayor Kohler commented that in his opinion, the City would be in a better position to address the vandalism problem if it had its own police department. Establishment of a Public Safety Commission subcommittee and Vandalism added to the agenda. 1) Emergency Preparedness a) Increase awareness to public 2) Traffic Safety Matters a) Increase PSC knowledge concerning traffic speed control b) School drop-off zones 3) DUI Program a) Continue to monitor program performance and evaluate its progress 4) Publicity a) Need to increase awareness B. Discussion of City Position on Water City Council Minutes 8 March 6, 1991 Councilmember Anderson discussed the background and make-up of the Santa Clara Valley Water Commission, which she chairs. She said the Commission's function is strictly advisory to the Santa Clara Valley Water District (SCVWD) Board of Directors. The SCVWD Board has instructed the Water Commission to begin considering city ordinances that would be appropriate to the amount of cutbacks being considered. She reported that the Water Retailers group got together and decided that the ordinances they were recommending were based on 35% cutback, but the SCVWD Board was discussing a 45% cut prior to the recent rainfall. She said that concern has been expressed regarding the impact on the Silicon Valley industry who uses water in their manufacturing process. The industries cannot reduce City Council Minutes 9 March 6, 1991 45% because it might give them the economic impetus to leave the area, which would mean a tremendous number of jobs lost in the Valley. She has spoken with the Santa Clara Manufacturing Group who cannot put a figure on what kind of total financial impact there would be in the Valley'if the conservation rate were put at 45%. Councilmember Anderson stated that the Water Commission is meeting on Monday, March 11, 1991, to address the issue of requesting Governor Wilson's emergency intervention. She encouraged Council to draft a letter to be signed by Mayor urging the Governor to at least provide the County with enough water so that the conservation rate is not higher than it was last year, which was 25% resident and 10% industrial. Discussion continued. Mr. Peacock stated that this is an item for the Council to discuss at their Policy Development session this coming weekend. He said that Staff has proposed a list of options for Council consideration. CONSENSUS TO ADD DISCUSSION OF CITY POSITION ON WATER TO POLICY DEVELOPMENT CONFERENCE AGENCY ON MARCH 8 AND 9, 1991. THE ITEM WILL ALSO BE PLACED ON THE MARCH 12 COUNCIL AGENDA FOR COUNCILMEMBER ANDERSON'S REPORT OF THE MARCH 11 WATER COMMISSION MEETING. C. Reports from Individual Councilmembers councilmember Clevenger requested that Proclamations for Clean Air Week, May 6-12, 1991, and Don't Drive Alone Day, May 9, 1991, be added to a future agenda. Councilmember Clevenger announced that at the Sanitation District meeting last week, the Agency Shop Agreement for Maintenance Workers was passed 4-1 (Clevenger opposed.) Vice Mayor Kohler proposed naming a City street in memory of each of the two U.S. Navy fliers aboard the USS Saratoga killed in action in the Persian Gulf. Other Councilmembers agreed. 10. CLOSED SESSION on pending litigation concerning in illegal grading, clearing and tree removal on Cocciardi/Chadwick development, Tr. 7770. and on Giberson vs. Saratoga and on potential litigation on Landtech 17-lot subdivision under County consideration 11. ADJOURNMENT The meeting was adjourned at 10:20 p.m. to 4:00 p.m. on March 8, then 7:30 p.m. on March 12. Respectfully submitted, Lynda Ramirez Minutes Clerk