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HomeMy WebLinkAbout08-07-1991 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, August 7, 1991 PLACE: 13777 Fruitvale Ave. TYPE: Regular Meeting Workshop on Congestion Management Plan - 6:00 p.m. Crisp Conference Room All Councilmembers were present. Staff members present were Environmental Programs Manager Isabel Gloege and City Manager Marry Peacock. Also present, representing the Congestion Management Agency, were John Ashworth, City of Campbell; Joanne Eenjamin, Town of Los Gatos, and Michael Evanhoe, Executive Director Of the CMA. Participants discussed the Congestion Management Plan andworking of the agency. Councilmember Clevenger stated support for joining the agency. Councilmember Monia opposed it philosophically but supported it as the lesser of two evils. He believed that raising the gas tax is the most effective means of reducing congestion. Councilmember Stutzman concurred with Monia and noted that the agency would add another expensive bureaucracy. He supported it, however, as the least offensive choice. Councilmember Anderson stated that the battles have all been fought, and the Congestion Management Plan is the best Saratoga could hope to get. Mayor Kohler felt it was necessary to have a positive attitude but also to have the courage to leave if Saratoga finds the agency does not work to Saratoga's interests. MONIA/CLEVENGER MOVED TO ADOPT RESOLUTION 91-57 APPROVING PARTICIPATION OF THE CITY OF SARATOGA IN THE CONGESTION MANAGEMENT AGENCY. Passed 5-0. Regular Meeting - 7:30 p.m. Civic Theater 1. ROLL CALL The meeting was called to order at 7:38 p.m. by Mayor Kohler. Councilmembers Present: Clevenger, Monia, Stutzman, Anderson and Mayor Kohler. 2. CEREMONIAL ITEMS - None. 3. ROUTINE MATTERS A. Approval of Minutes - July 17 (as amended including verbatim excerpts). CLEVENGER/ANDERSON MOVED APPROVAL OF THE MINUTES, AS AMENDED INCLUDING VERBATIM EXCERPTS ON PAGE 4. PASSED 5-0. Mayor Kohler explained procedures for public participation as set out in the Council's Public Participation Policy. B. Approval of Warrant List CLEVENGER/MONIA MOVED APPROVAL OF THE WARRANT LIST. PASSED C. 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 properly posted on August 2. 4. CONSENT CALENDAR City Council Minutes 2 August 7, 1991 Councilmember Stutzman removed Item P, Councilmember Clevenger removed Item I and IIA from the Consent Calendar. CLEVENGER/MONIA MOVED APPROVAL OF THE CONSENT CALENDAR WITH THE EXCEPTION OF ITEMS I, P, AND IIA. PASSED 5-0. A. Planning Commission Actions, 7/24 - Noted and filed. B. Public Safety Commission Minutes, 7/8 - Noted and filed. C. Heritage Preservation Commission Minutes, 6/12; 7/10 - Noted and filed. D. Library Commission Minutes, 7/24 - Noted and filed. E. Final Acceptance of Improvements, release of warranty securities, adoption of Resolution 36-B-244 accepting dedication of streets for Tract 8058 (Developer, Hirschman) F. Final Acceptance of Improvements, release of warranty bond, SD86-011 (20602 Carniel Ave.).(Developer, Ng) G. Approval of curb, gutter and sidewalk removal and replacement by J. Antuzzi as per proposal; direct staff to-advise contractor to begin work. H. Resolutions 91-58 and 91-59 accepting offers of dedication of storm drain easements along Route 85 corridor near Bonnet Way I. Authorization for attendance of three Heritage Commissioners and Associate Planner at Annual Preservation Conference, San Francisco, October 16-20, with reasonable and necessary expenses. J. Ordinance 71-93 amending City Code Concerning Informal Bidding Procedures (second reading and adoption) K. Ordinance 71-94 amending various sections of the City Code pertaining to parking - Big Basin Way between 4th and 5th streets (second reading and adoption) and Resolution MV-197 restricting portion of 'Big Basin Way to 15-minute parking. L. Proclamation for Adult Day Care Week M. Proclamation commending members of Saratoga Integrated Waste Management Task Force N. Resolution 91-60 granting Emami Appeal heard 7/17 O. Authorization of General Plan Conformance Response Letter stating Hellyer Project does not conform with General Plan P. Final Map Approval for Four Lots at 22630 Mt. Eden Road (Applicant, Stella Investments)(SD87-008) Q. Authorization for attendance of Chief Building Inspector at ICBO Conference, with reasonable and necessary expenses Regarding Item I, Mayor Kohler suggested car pooling to consolidate expenses. Councilmember Clevenger stated these were four separate days with no overnight expenses. MONIA/CLEVENGER MOVED APPROVAL OF ITEM I. PASSED 5-0. Regarding Item P, Mr. Larry Perlin indicated that all studies have been completed sufficiently as far as the consultant is concerned. Initial studies were done in April 1987, updated August 1987, and City Council Minutes 3 August 7, 1991 additional studies were done July 1990 and May 1991. There were still some concerns, and the City Attorney stated that if the developer could not satisfy the structural requirements of the City then he would not receive a building permit. However, approval does not necessarily require the City to grant a variance if it was needed. MONIA/ANDERSON MOVED APPROVAL OF SD87-008. PASSED 4-0-1. (Monia abstained) CONSENT CALENDAR II - Claims against the City A. Joe claim in connection with gate to Congress Springs Park which hit vehicle MONIA/CLEVENGER MOVED TO DENY CLAIM ANDREFER TO CITY MANAGER FOR SETTLEMENT. Passed 5-0. B. Ericsson claim in connection with car which hit overhanging branch on Quito Road MONIA/CLEVENGER MOVED TO DENY CLAIM ANDREFER TO CITY MANAGER FOR SETTLEMENT. Passed 5-0. Councilmember Clevenger noted that the normal process is to deny the claim then the insurance company works with the individual. 5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS Dora Grens, 13451 Old Oak Way, commented on the disruptive behavior of the public at the last City Council meeting. Ms~ Cheriel Jensen advised that the public needs to be careful about what they read in the newspapers or hear on TV. Preston Burlingham, 14173 Squirrel Hollow Lane, advised the Council that it is difficult to control your enthusiasm when you feel very strongly about something. He requested that the trails issue be put to rest regarding Wildcat Creek and that a policy statement be included in Open Space and Circulation Elements, to be agendized for the next meeting. MONIA/CLEVENGER APPROVED AGENDIZING A POLICY STATEMENT ON CREEKSIDE TRAILS FOR THE SEPTEMBER 4, 1991, MEETING. PASSED 5-0. Andrew Steel, Brockton Lane, commented on the waterline overpass structure across Cox Avenue. He said he was not advised of this structure and that anybody in the area of the fence can look into his yard. The staff responded that it was aware of this problem and has requested design changes to modify the impact. Mr. Steel indicated he wants his wall raised to protect his privacy. B. WRITTEN COMMUNICATION8 1) Richard B. OliVer, Dividend Development, 3600 Pruneridge Ave. Santa Clara 95051, requesting Council to give direction to Planning Commission regarding Paul Mason site. Mayor Kohler suggested that the Planning Commission not move on the item of the third story with excessive haste. Councilmember Stutzman inquired about air quality, and Mr. Oliver advised a consultant had been hired to examine this issue. Planning Commissioner Dennis Favero commented that economics are not a basis for granting a variance. ANDERSON/MONIA MOVED TO PASS THE RECOMMENDATIONS FROM THE COUNCIL TO THE PLANNING COMMISSION. Passed 5-0. 2) Declaration of fiscal interdependency by the Cities, Counties and School Districts of the Bay Area - ABAG city council Minutes 4 August 7, 1991 Task Force on Unity for Fiscal Reform CLEVENGER/MONIA MOVED TO ENDORSE BOTH DOCUMENTS. PASSED 5-0. 6. OLD BUSINESS A. Report on Skateboard Park from Maintenance Director (continued from 7/17) Mr. Bill Sousa, 13830 Saratoga Avenue, opposed the park. He said the decibel reading is above the residential level, and that the park will require additional revenue to build and police. Mr. David O'Connor, 13818 Saratoga Avenue, also opposed the park, saying it will attract additional people and traffic, but also boom boxes and stereos. He stated the neighborhood is a wonderful place for his school-age children to grow up in without this influence and that there are existing programs to be involved in. He also commented that there is quite a bit of danger in this sport, even with protective gear. Mr. Barry Ford, 13838 Saratoga Avenue, also opposed the park. He commented that the bank on his side is lower and all potential visitors can look directly down onto his property. Mayor Kohler stated that of the three sites, this was the only site that appeared feasible. Councilmember Clevenger commented that there was little enthusiasm from the Youth Commission. Councilmember Anderson stated it was difficult for the younger children to enjoy. There were no special hours for them to use the Congress Springs skateboard area and they had to wait on the fringe hoping to get a turn. She stated there were problems with beer on the premises. Councilmember Stutzman stated his concern that if the Council did not go through with this program, it would be just one more incident where the youth had been given nothing. It may produce a number of youngsters who feel the City never offered them anything. ANDERSON/MONIA MOVED TO REQUEST PARKS AND RECREATION LOOK AT ALTERNATIVE SITES INCLUDING WEST VALLEY COLLEGE AND TO DELETE THE PROJECT AS A BID ITEM. PASSED 3-2 (Kohler, 8tutzman opposed). B. Assessment of suitability of Paul Mason Mountain Winery property for creation of riparian habitat in connection with letter from Will Kempton, Traffic Authority, requesting withdrawal of City's letter to the Corps of Engineers regarding the corridor-wide permit for creek restoration (continued from July 17) Mr. Will Kempton, Traffic Authority, urged the Council to withdraw the letter. Cheriel Jensen, Quito Road, commented that there is concrete in the Wildcat Creek channel. There was no reason not to restore habitat other than Traffic Authority doesn't want to. There is also the potential for flooding if the area is not restored. The environmental report that was prepared did not adequately address any issues. There needs to be public participation. Mrs. Jensen commented that federal law requires notification. The concrete can be removed and the area restored, if the Traffic Authority really wanted to do it. Oscar de la Guerre, San Jose, advised that this issue was settled many years ago and does not need to be re-addressed. He felt you will never please everybody no matter what you do. Libby Lucas, 174 Yerba Santa, Los Altos, urged the Council not to rush into anything. She did not want the freeway to bisect community. Planning Commissioner Meg Caldwell opposed withdrawal of the letter. City Council Minutes 5 August 7, 1991 An unidentified person from the audience requested that the Council continue with the freeway. Will Kempton, Traffic Authority, commented that they are willing to work with the Council on restoration issues, but that if this permit is issued they will be one step closer to constructing the freeway. Councilmember Clevenger inquired of Mr. Kempton whether, if the Council passes the motion and withdraws the letter, it would still be possible to replace Sarstoga's riparian habitat at Wildcat Creek. Mr. Kempton explained that is where the habitat will be replaced. To modify is a fairly extensive process. Provide mitigation as opposed to landscaping, which-provides additional trees. He reminded Council that at this point the discussion is not regarding restoration, however. The requirements are for riparian restoration. CLEVENGER/ANDERSON MOVED TO WITHDRAW THE LETTER TO THE CORPS OF ENGINEERS. PASSED 4-1 (Kohler opposed). At 10:35 p.m. Mayor Kohler proceeded to Public Hearings. 8. PUBLIC HEARINGS A. Appeal of denial of request for 12-month extension beyond the expiration of the tentative map for a four-lot subdivision at 22630 Mt. Eden Rd. (Applicant/appellant, Stella Investments (formerly Harbor builders))(SD87- 008.1) Appeal was not considered because final map approval was granted on Consent Calendar. B. Appeal of denial of request for one-year extension of Planning Commission,s approval of a lot line adjustment between Lots 10 and 11 on Tract 7761 and the neighboring Cocciardi property granted May 24, 1989 (appellant/applicant, Tom Burke (Harbor Builders)) (LL89- 002.2) Mayor Kohler opened the public hearing at 10:40 p.m. Mr. Burke's attorney advised that the Planning Commission's concerns stem from a conflict with the general plan that the Planning Commission identified concerning the location of a building pad that was created during subdivision level under the City's review. The purpose of the lot line adjustment transfer relates to two adjacent lots. The result is to create a more flexible building pad by using the graded area for eventual development of a home. The Planning Commission would deal with it on a whole lot basis. The lot is confined to two different lots. Eventual development would be complicated because of two property owners involved. Staff felt issue relates very strongly to design review of both lots 10 and 11 and visual impact to homes in the hillside. Therefore, staff feels it would be appropriate to allow the lot line adjustment with the building pad located entirely on one lot. Councilmember Monia commented that the lot was originally bought and promise made. There was some misunderstanding exactly where the boundaries were. As a consequence, it is presently rated as the most level area from the road. That sits on Mr. Cocciardi's property. Mr. Cocciardi agreed some years ago to give up that parcel for an equivalent strip of land going up the hill adjacent to his parcel. Then he decided he didn't want to. Mayor Kohler closed public hearing at 10:55 p.m. CLEVENGER/MONIA MOVED TOREVERSE THE PLANNING COMMISSION'S DECISION City Council Minutes 6 AUgUst 7, 1991 AND GRANT THE APPEAL. PASSED 5-0. C. Appeal of denial of reqUest to construct a new 4#987 ft. two-story single-family residence on a 1.17 acre parcel within the NHR zone district at 21210 Chadwick ct. (Applicant/appellant, De La Cruz)(DRg0-044) The Planning Director reported that the PIanning Commission suggested a new application be submitted for a one-story house. Mayor Kohler opened the public hearing at 10:55 p.m. Mr. De La Cruz commented that his request is compatible in height with existing neighborhood and hillsides. He said that the home will be hidden by Chadwick,s trees and from the road, there are larger homes on the hillside that are not hidden, and many homes are similarly decorated on the hillside. He felt any objections should have been brought up previously. Also informed that the portion of the building that had to be set back beyond the normal setback had to be that portion that was taller. He has complied with requests of City. He then reviewed the sequence of events in his application, including delays he believed were caused by staff or Mr. Chadwick. Luanne Nieman advised the Council that the house will be too close to the tree and will damage it. Also, the rear elevation faces directly at two houses on the neighboring ridge. The first house built the whole back face of that house in glass. Those people. deserve privacy. They were built with the view and the neighboring houses were not built yet; The City should consider that they have already approved in that'neighborhood. The people already there should be guaranteed privacy. Ms. Nieman opposed approval of appeal. Mr. Piontek opposed approval of appeal. Mr. Joy opposed approval of appeal. An unidentified man from the audience stated he was not against having houses up there. He knew all along sooner or later there would be houses. The problem is mass and height. He had a picture taken of his home from where Mr. De La Cruz wants to build one. He suggested that Councilmembers stand on the rear deck and look up at where these homes are going to be and then decide. He agreed with the Planning Commission. Mayor Kohler closed the public hearing at 11:22 p.m. CLEVENGER/MONIA MOVED TO UPHOLD THE PLANNING COMMISSION.S DECISION. PASSED 5-0. D. Designation of a portion of Saratoga Avenue as a Heritage Lane 1) Recommendation from Public Safety Commission concerning request for traffic signal installation at Saratoga and Herriman Avenues Mayor Kohler opened the public hearing at 11:25 p.m. Eugene O'Rorke, a Public Safety Commissioner, stated that the City Engineer reported no change in the foreseeable future of the speed of vehicles near Fruitvale. It was the opinion of the Public Safety Commission that the installation of a traffic signal would reduce speed and control the higher volume of traffic. The Commission also felt a signal would provide safer street crossing for all pedestrians, especially students at Redwood and Saratoga High Schools and people using the bus stop. Since it usually takes two years between the time of an initial study and the actual installation, he suggested that this process be started at this time. The Commission agreed that the recommended community notification should be done. Councilmember Stutzman inquired as to the possibility of other City Council Minutes 7 August 7, 1991 measures, including reducing the speed limit. Mr. O'Rorke replied that reducing the speed limit probably would not work because the law does not encourage reducing speed limits when the limit is already being violated. MONIA/ANDERSON MOVED TO COMMENCE PROCESS TO EVALUATE NECESSITY OF A SIGNAL AND NOTIFY SURROUNDING RESIDENTS AS RECOMMENDED BY THE CITY ENGINEER. PASSED 5-0. 2)- Ordinance designating a portion of Saratoga Avenue from Fruitvale Avenue to 14301 Saratoga Avenue as a Heritage Lane (first reading and introduction) Mr. Larry Perlin stated that this change will be more symbolic than substantial. This is nothing more than recognition. Larry Fine, 14075 Saratoga Avenue, testified in favor of the designation. He believed it would help to preserve the history of Saratoga for present and future generations. He also favored a signal at Saratoga Avenue and Herriman Avenue because he considered it a dangerous intersection Mayor Kohler closed the public hearing at 11:36. MONIA/ANDERSON MOVED TO INTRODUCE ORDINANCE DESIGNATING A PORTION OF SARATOGA AVENUE AS A HERITAGE LANE BY TITLE ONLY, WAIVING FURTHER READING. PASSED 5-0. E. Resolutlon approving revisions to the County-Wide Hazardous Waste Management Plan which was adopted August 2, 1989, and certifying the Negative Declaration for the revisions. The City Manager reported that in the opinion of the staff none of the changes is significant. Mayor Kohler opened the public hearing at 11:40 p.m. No one appeared to speak,-and he closed the public hearing at 11:42 p.m MONIA/ANDERSON MOVED APPROVAL OF RESOLUTION 2588.1. PASSED 5-0. F. Confirmation of Weed Abatement Assessment Report Mayor Kohler opened public hearing at 11:44 p.m. No one appeared to speak, and he closed the public hearing at 11:45 p.m. CLEVENGER/ANDERSON MOVED TO ADOPT RESOLUTION 91-61. PASSED 5-0. Mayor Kohler returned to items preceding public hearings on the agenda. 6. OLD BUSINESS (continued) C. Purchase of Ravenwood Property from Perry & Jones - Approval of purchase agreement, escrow instructions, and title transfer for consideration of $325,000 MONIA/STUTZMANMOVED APPROVAL OF PURCHASE AGREEMENT, INSTRUCTIONS, AND TITLE TRANSFER AS PRESENTED. PASSED 5-0. D. Soundwall and bermheights for Route 85 Freeway - Saratoga Avenue interchange easterly to San Tomas Creek City Manager stated that this matter goes back to March 12th petition which was clarified in a March 25th letter. At its April 17th meeting the City Council requested the staff to seek clarification from the Traffic Authority regarding the wall heights and report back to the City Council. The staff received a report in July from Mr. Kempton regarding the issue of visual barrier on Quito Road and looked at plans fo~ walls and berm analysis along the freeway. It was requested that attention be drawn to the grading plan of the berms. This was helpful to the Council in looking at the walls the plans designated in numbers of various locations. Time was spent analyzing these and it was indicated that the plans are consistent with the City's understanding with the possible exception of the height of the wall along Paul Masson Winery, which appears to be two to three feet lower than called for in mitigation studies. In previous discussions the wall crossing creeks City Council Minutes 8 August 7, 1991 requested walls be 12 feet high. One is only ten feet high, although it meets elevation requirements. The adequacy of wall height and berms east of Quito also need to be reviewed. Mr. Peacock suggested that the City Council consider Mr. Kempton's indication that there was no visual intrusion caused by the Quito overpass . Given the status of the Paul Masson project, it is entirely possible that the walls will not be built by the Traffic Authority as part of the project because, in an agreement with the owners, it is they who will build the wall. If the Traffic Authority beats them to the punch, there will be no adjoining neighborhood. There is also concern of overlap height of the wall along Bonnet. It doesn't make sense for two 16' walls to overlap by 200' on either side of the railroad tracks. The 16' wall should be reduced from 16' to 12'. Finally, there is concern that regarding the ability of the City to build that wall 10- 12 feet high within the cost constraints. Mr. Kempton expressed his eagerness for the City to come to a firm agreement and sign the agreement. Councilmember Anderson asked if the City will build a wall. Mr. Peacock stated that in building a sound wall the foundations would probably have to be the same because the issue is much more than seismic problems. You would have to build so that wall could stand up against literally hurricane winds. That raises the question of any price advantage. We would have a wall looking significantly different from any other walls, a totally different structure technique. You have a variety of things.you can do. The most commonly done is plaster. Or you can nail siding on and make it look like wood. Councilmember Anderson stated that she lives adjacent to the freeway and inquired whether she can vote. The City Attorney stated that she is not specifically related to the property and there should be no conflict. Mayor Kohler stated that it is not a conflict of interest if it is of interest to a similar segment of the public. Councilmember Anderson requested that a verbatim response from the City Attorney be included in the minutes. Allen Strong stated that it appears that the sound walls cover two creeks down to ten feet in some portions. He proposed 12 feet. The berm height appears to taper off from 16' to 14'. The grading map crossing 85 appears to be significantly lower than i6' high. Sound wall elevation on north side is different from south side. Mr. Strong suggested that the Council have the Traffic Authority produce a picture that has the top elevation of either sound wall or berm, north side versus south side, with two lines in a comparison. There was also a suggestion to put trees on top of the berm to help block visual intrusion. Councilmember Clevenger requested written documentation. MONIA/CLEVENGER MOVED THIS ITEM BE CONTINUED TO 8/14 AT 8:30. PASSED 5-0. E. Sits Master Planning and Schematic Design for a new Meeting Room - Civic Center (continued from July 17) CLEVENGER/MONIA MOVED TO RECEIVE AND FILE THE SITE MASTER PLANNING AND SCHEMATIC DESIGN. PASSED 5-0. F. Budget Adjustment for recalculation of cost of Annexation 1991-1 to Landscaping and Lighting District (continued from July 17) CLEVENGER/MONIA MOVED TO ADOPT RESOLUTION 91-46.1. PASSED 5-0. City Council Minutes 9 August 7, 1991 G. Discussion of letter signed by Jeffrey A. Schwartz, Jeffrey C. Kalb, Donald D~ Macra~, and Janet Harris of the Citizens Committee to investigate Tract 7770 MONIA/CLEVENGER MOVED TO 'CONTINUE THIS ITEM TO THE 9/4/91 MEETING. PASSED 5-0. 7. NEW BUSINESS A. Appeal of aaministrative decision made 7/19/91 to find the creek bank on the Birenbaum projeot on Sunset Drive consistent with the plans approved by Council Larry Perlin, City Engineer, stated that construction had come to a halt and gone as far as it could go. The applicant needs direction from the City. If the project is held until the next meeting that would bring it into the time the inclement weather could affect progress. Mr. Perlin felt it would be undesirable for the project to remain unfinished throughout the winter due to the erosion and silt problems which would probably occur. The Birenbaums cannot proceed with the driveway, he said, because the legal action filed by the Gibersons against the Birenbaums concerning the issue of the fence and tree basically precludes the driveway being built as approved. The Birenbaums were here to request a modification to allow the driveway to move away from the fence and require the removal of the oak tree proposed to be saved. The City looked at and recommended' replacement of the tree in the event that the tree was going to be removed from the construction. councilmember Stutzman requested that the Council take a look at this. He stated this area is completely destroyed. He believed that if the Council had had any idea of the way it would look before they approved it, they would not have approved it. If the Council doesn't take a look at it, he doesn't see how the Council can make judgment on that. Mr. Perlin stated that the site would be stabilized or winterized. Mayor Kohler asked if the Council are obligated to wait until the legal process is completed, and the City Attorney stated that when the City approved the project record of survey and easement, they approved location of the driveway in such a way that the fence had to be relocated even though the fence was not along the property line. The pending litigation will not be a problem. The issues presented to the Council can be resolved. Councilmember Clevenger suggested that the Council deny the appeal until it has received all the information. Councilmember Anderson agreed. Mr. Perlin stated that the soil engineer determined that the driveway needed supporting. The contractor will excavate and rebuild it. When the project is finished it will not look any different from before the project was started other than the approved plan for the driveway. It looks ominous now in the middle of construction. Basically, they are digging the dirt out and putting it back. And putting it back in a more stable way than what exists'naturally out there. Councilmember Monia stated that the key issue was access. What we were assured was available is now turning out not to be available. Given what has now happened in that area, the creek bed has been lined, trees removed, etc. Now, as a consequence, the Council finds that it isn't quite what it was. He was concerned that what is there now is not what the Council thought it was getting because the plans keep changing. He is not comfortable with this. Mr. Perlin said that when the plans were approved, they were approved with the assumption that they had clear title to access easements to the property. The plan clearly shows the fence is to be relocated. Unfortunately legal action was filed after the project became committed. Councilmember Monia stated that he is not sure how much further the City Council Minutes 10 August 7, 1991 Council should deviate from the issue because of someone else's problem. Ms. Virginia Fanelli stated that as the actual construction went on, she saw there were some changes that need to be made. But in the long run, the important thing is building and producing a product to the standards that the City has requested. As far as the easement goes, using only the easement that is on the plan, the Birenbaums had no idea that the Gibersons would take this action. She stated the Birenbaums sent letters to try to negotiate; they were asking for a 3' shift to try to put some end to this neighborhood controversy without having to wait ten months and endure erosion impact of the rainy season. CLEVENGER/ANDERSON MOVED TO DENY THE APPEAL. Failed 2-2-1 (Kohler, Stutzman opposed, Monia abstaining). The City Attorney stated that the consequence of a tie vote is that no action is taken on the appeal and staff determination becomes final. Findings were consistent and do grant modification to move roadway. The City Engineer pointed out that if the Council did not approve the 'project and the issue were settled in court, the outcome would be either (1) the Birenbaums would prevail, and the road would proceed as shown on the plan, or (2) the Gibersons would prevail and the Birenbaums would again appear before the Council to ask for the road to be shifted; whether the Council could then deny such a request would be problematic. Councilmember Anderson responded that in that case the Council might as well approve the road as on the plan tonight. CLEVENGER/ANDERSON MOVED TO DENY THE APPEAL AND APPROVE THE MODIFICATION TO TAKE OUT THE TREE SO THE ROAD DOES NOT HAVE TO GO INTO THE FENCE AREA. PASSED 4-1 (8tutzman opposed). B. Public safety Commission Recommendations concerning School Traffic Safety Continued to 8/14/91. C. Request by Mid-Penlnsula Rousing Coalitlon for Loan of CDBG Funds Continued to 8/14/91. D. Memo Authorizing Publicity for Upcoming Bearings -Open House Sign Ordinance; Ordinance on Completion of subdivision Improvements MONIA/ANDERSON MOVED APPROVAL OF PUBLICITY AS RECOMMENDED. PASSED 4- 0 (Anderson absent). E. Consideration of Proclamation of August 9, 1991, as Sherman Miller Day CLEVENGER/ANDERSON MOVED APPROVAL OF AUGUST 9, 1991, AS SHERMANMILLER DAY. PASSED 5-0. 9. CITY COUNCIL ITEMS A. Agenda items for joint meeting with Planning Commission on August 27 No items added. B. Reports from Individual Councilmembers - None. 10. ADJOURNMENT The meeting was adjourned to August 14 at 8:30 p.m. Respectfully submitted, Cherrie Anderson Interim Minutes Clerk