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HomeMy WebLinkAbout06-25-1991 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Tuesday, June 25, 1991 PLACE:'Community Ctr. Arts and Crafts Rm., 19655 Allendale Ave. TYPE: Adjourned Regular Meeting 1. Roll Call Councilmembers Clevenger, Kohler, and Mayor Stutzman were present at 7:30 p.m. (Councilmember Anderson arrived at 8:15 p.m.) 2. Report of City Clerk on Posting of Agenda The City Clerk announced that pursuant to Government Code 54954.2, the agenda for this meeting was proper~y posted on June 21. The notice of adjournment from the June 19 Council meeting was properly posted on June 20. 3. Item continued from June 19 meeting as public hearing A. Amendment to the Zoning Ordinance adding a Residentlal Open Space Zone District (R-OS), which may be applied to properties within the City's Sphere of Influence upon annexation to the City, with the associated Negative Declaration (first reading and introduction) The City Clerk noted the receipt of two letters since the agenda packet had been prepared, one from the Greenbelt Alliance, the other from the Mid-Peninsula Regional Open Space District. The Planning Director presented his report on the content of the proposed ordinance and the reason for the regulations being proposed. The public hearing was opened at 7:55 p.m. Cheriel Jensen believed the County may use this ordinance and interpret it liberally wherever it is weak and use it against the City. Since these areas will not normally be sewered but on septic systems, distances from creeks for buildings and septic systems should be firmly set out. Studies by the County indicate about 25% of the housing in the hillside areas of the Los Gatos watershed suffered significant damage. County ordinance requires a 90% open space requirement. Clustering provision could be liberally interpreted by the County to allow increased densities before annexation. She recommended that clustering be abandoned. One half acre lots, clustered, won't provide adequate drainage for septic systems. If a site is really suitable, it could be rezoned to a higher density. She stated that for years the City limited swimming pools to 15% slopes; the proposal allows up to 30%. This should be reconsidered and the 15% limit used. Councilmember Anderson arrived at 8:15 p.m. Meg Caldwell, a Saratoga Planning Commissioner, stated that the proposal for 30% dedication originally came from the City Council when the Council was considering the Country Club annexation. The intent of the open space requirement was not just to secure unbuildable areas but also preserve ridgelines, provide trail links and other open space needs. Clustering as a tool to be used against the City by the County should be a concern as well as the septic system adequacy problem. The standard for a riparian corridor was not concluded until the last hearing and could be revisited. Wanda Alexander read a letter dated June 20, 1991, from the coalition for Hillside Protection and discussed the reasons behind the suggestions contained therein. These involved the purpose and definition of open space, the use of clustering, deletion of various conditional uses except those which already exist, no building within 100 feet of an earthquake fault, prohibiting variances, especially for slopes, clarify intent of the term "water course banks." She suggested the City follow the Los Gatos model for a specific plan with the County so zoning works together. No one further appearing to speak, the public hearing was closed at City Council Minutes 2 June 25, 1991 9:20 p.m. Councilmember Clevenger suggested if Council is inclined to modify the ordinance, these items should be sent back to the Commission for further study before the ordinance is passed. Councilmember Anderson suggested that some of the items brought up could create a taking of property which she couldn't support. She would support the 100-foot fault setback as a change. Councilmember Kohler disagreed that past standards have worked, but generally agreed with 95% of the ordinance. He believes Council should make the minor changes and go ahead and pass the ordinance. He supported the 100-foot fault setback and 15% slope limit for swimming pools. He would like to limit future commercial uses which could result in intense use by traffic and the like. Councilmember Anderson suggested that the ordinance is weak in relation to landscaping type and use. She wants as much natural landscape as possible. Mayor Stutzman asked Caldwell how much effort would be required to review any specific loose ends. She replied that it probably could be done in one hearing. There was consensus to refer back to the Planning Commission, for report back in forty days, the following: 1 - Swimming pool slopes 2 - Require clustering to have sewer systems 3 - Define open space 4 - Review landscaping standard 5 - 100-foot fault setback 6 - Top of Water course Bank as a definition 7 - Variances for slopes over 30% The meeting was recessed from 9:00 to 9:15 p.m. 4. Items continued from June 19 meeting as Old Business A. Actions in connection with Landscaping and Lighting District LLA-1 (Annexation 1991-1) Councilmember Clevenger stated she would abstain from voting since her residence is in the annexation area. The City Engineer presented Resolution 91-36.4 which eliminates the Brookview and Westbrook areas from the proposed annexation. Assessments per parcel will not change. ANDERSON/KOHLER MOVED TO ADOPT RESOLUTION 91-36.4. Passed 3-0-1 (Clevenger abstaining). B. Amendments to the Zoning Ordinance concerning noise provisions with the associated Negative Declaration (first reading and introduction) and recommendations regarding Village noise issues. Planning Director Emslie reviewed changes to the ordinance relating to exceptions for specific activities, including construction activities, garden tools, and pool and spa equipment. Councilmember Anderson suggested that commercial construction activity be limited to Monday through Friday unless a permit is granted by the City Council. Allan Halverson, Woodside Drive, stated he preferred the ban on leaf blowers as approved by the Planning Commission rather than the ordinance as amended. Greg Catanese'recited noise element catalogue of noise complaints from 1984-1987~ Leaf blowers only represent 14% of complaints. The question is what current complaint levels are and whether the City Council Minutes 3 June 25, 1991 complaints are widespread. He understood Los Altos has noise readings which City may wish to acquire for its own study and use. Councilmember Clevenger indicated her opposition to use of leaf blowers not only from a noise but from an air pollution perspective. Councilmember Anderson favored limiting leaf blowers on Saturday from 8:00 a.m. to 5:00 p.m. and no use on Sundays. ANDERSON/CLEVENGER MOVED TO SO AMEND SECTION 7-30.060 (b). Passed 4- 0. Councilmember Kohler suggested daily limit at 5:00 p.m. as well. KOHLER/CLEVENGER SO MOVED. Passed 4-0 as an amendment to the motion. KOHLER/ANDERSON MOVED TO INTRODUCE THE ORDINANCE AS AMENDED BY TITLE ONLY, WAIVING FURTHER READING. Passed 4-0. KOHLER/CLEVENGER MOVED TO APPROVE THE NEGATIVE DECLARATION. Passed 4- 0. C. Letter from Robert e. Wilson, Jr., 18709 Metlet ct., regarding resolution opposing MTC approval of Route 85 without proper Air Quality analysis Bob Louden of the Route 85 Task Force suggested that the letter from Mr. Wilson is flawed; houses will be built whether there is a freeway or not. Pollution will be helped, not hurt, on a regional basis, and the voters have voted twice to support the freeway. The Council should not support such a resolution. Cheriel Jensen stated that the Metropolitan Transportation Commission is discussing Route 85 tomorrow as to whether it conforms to the SIP as far as air quality is concerned. This is a question of law. As a City Saratoga has an interest in the law being followed. If MTC supports Route 85, it will be performing an illegal act. Projects must reduce pollution to conform to the law. Non-attainment areas must reduce pollution and MTC cannot approve a project which doesn't conform to the law. San Jose Horizon 2000 plan says if the freeway is built they will allow 10,000 more houses; if not, they won't. MTC is supposed to take highway capacity problems into account; they haven't. The resolution requests that MTC study this issue before making a decision on Route 85. Jay Geddes stated that these arguments are not new. Saratogans have voted twice to approve the freeway; to do otherwise is to not follow the wishes of the voters. Shelley Williams stated that studies show that Route 85 will improve air quality locally by improving traffic conditions on local streets. City should take no action on the resolution. Councilmember Anderson stated she is uncomfortable with adopting a resolution which states specific numbers. City Attorney Riback stated that the "resolved" section should be changed if the resolution is adopted. Mayor Stutzman stated that freeways cause growth and pollution. He thinks conceptually the resolution is acceptable but MTC won't pay attention, and the judge will do what he thinks is correct, resolution Or nO. Councilmember Clevenger agreed with Mayor Stutzman. Cheriel Jensen felt the resolution would have an effect on the judge, but not MTC. councilmember Kohler asked why not write a letter to the judge supporting the MTC's following all laws and regulations in reviewing City Council Minutes 4 June 25, 1991 freeway approvals. Councilmember Clevenger suggested waiting to see what MTC does. CONSENSUS TO TABLE UNTIL MTC DECISION IS REVIEWED, THEN WRITE THE JUDGE,'IF NECESSARY. Libby Lucas stated that there should be mitigation for loss of wetlands in Saratoga. It should be mitigated locally if possible. She said the information is contained in Environmental Impact Report supplements. Staff to review information as soon as possible and agendize for next week regarding this issue. Councilmember Kohler spoke to the Cocciardi Task Force report. He felt there was a need to respond as quickly as possible, and the Council should be prepared to discuss it with the Committee on July 18. Councilmember Anderson was concerned that the Committee did not follow the understanding with the City Council. They were supposed to follow the advice of legal counsel, to avoid exposing City Council and City to legal actions, but the report was made available to the press before it was released to the City Council, damaging people's reputations with no opportunity to defend themselves. She felt the City should not proceed to deal with this issue, but refer it to the Grand Jury. CLEVENGER/ANDERSON MOVED TO DIRECT STAFF TO WRITE A LETTER TO THE TRAFFIC AUTHORITY AND METROPOLITAN TRANSPORTATION COMMISSION REGARDING WHAT HAPPENED TO THE SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORTS OF DECEMBER 1989 AND 1990. Passed 4-0. 5. CLOSED SESSION on pending litigation in case of City of Saratoga v. Cocciardi and on salary negotiations with Saratoga Employee Association 6. Adjournment The meeting was adjourned at 11:30 p.m. Respectfully submitted, Harry R. Peacock City Clerk