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HomeMy WebLinkAbout09-18-1991 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, September 18, 1991 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting The meeting was called to order at 7:40 p.m. 1. ROLL CALL Councilmembers present: Anderson, Clevenger, Monia, Stutzman, Mayor. Kohler Staff present: City Manager Peacock, City Attorney Riback, City Engineer Perlin, Planning Director Emslie Commissioners Present: Caldwell 2. CEREMONIAL ITEMS Councilmember Anderson stated it is Planning Commissioner Caldwe11's birthday. 3. ROUTINE MATTERS A. Approval of Minutes 8/6; 9/4; 9/10 Councilmember Anderson corrected the Minutes of 8/6 as follows: Page 17, the unidentified woman is Louise Cooper; Page 35 Councilmember Anderson's comments should read "How the trees had been marked" Page 35, Unidentified person is Councilmember Clevenger. STUTZMAN/MONIA MOVED TO APPROVE THE MINUTES OF 8/6, AS CORRECTED. PASSED 5-0 Councilmember Clevenger corrected the Minutes of 9/4 as follows: Page 10, Mr. Eric Morley's comments should read "... held in abeyance as to the outcome..." Councilmember Anderson corrected the Minutes of 9/4 as follows: Page 1, her comments should reflect that a school board member felt it is not adequate, but it was discovered a member of the school staff was on the committee. Councilmember Monia corrected the Minutes of 9/4 as follows: Page 2, Mayor Kohler's comments should reflect that Mayor Kohler asked for the identification of the staff person, who informed Ms. Dowdy she should be supervised when reviewing the tapes, Ms. Dowdy refused to identify the person. STUTZMAN/CLEVENGER MOVED APPROVAL OF THE MINUTES OF 9/4, AS CORRECTED. PASSED 5-0 Councilmember Monia requested the verbatim transcripts regarding tract 7770 task force be added to the minutes of September 9, 1991 to be part of the record. MONIA/STUTZMAN MOVED APPROVAL OF THE MINUTES OF 9/10 WITH THE VERBATIM TRANSCRIPTS-OF ITEM 5 ATTACHED. PASSED 5-0 Councilmember Stutzman informed the Council'that he would have to leave the Council meeting but had the following comments: Item 8(a), he would support the Ordinance as drafted for the final map approval; 8(b) he would like to see the setback from the fault line 200 ft. rather than 50 ft; regarding the riparian corridor, the setback should be 150 ft. as opposed to 50 ft. He would like to see the provisions underlined preserved. Councilmember Stutzman left the meeting at 8:00 p.m. B. Approval of Warrant List ANDERSON/MONIA MOVED APPROVAL OF THE WARRANT LIST. PASSED 4-0 City Council Minutes 2 September 18, 1991 (Stutzman absent) C. Report of City clerk on Posting of Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on September 13. 4. CONSENT CALENDAR A. Plannlng Commission Actions, 9/11 - Noted and filed. B. Heritage Preservation Commission Minutes, 7/24 - Noted and filed. C. Parks and Recreation Commission Minutes, 8/5 - Noted and filed. D. Resolution 91-64 renewing Disadvantaged Business Enterprise' (DBE) Program E Resolution 91-46.2 increasing Budget for Beauchamps Park F. 1991 Street Maintenance Program - Notice of completlon - (Continued to 10/2) G. Authorization for staff to request proposals · for Installation of Walkway Lights at Kevin Moran Park H. Authorization of purchase of replacement copy machine for Maintenance Department I. Resolution 91-65 authorizing destruction of certain mlcrofilmed records ARDERSON/MONIA MOVED TO APPROVE THE CONSENT CALENDAR. PASSED 4-0 (Stutzman absent) 5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS Mr. Thomas Reddick, 12389 Larchmont Ave., commented on the Green Valley disposal rate for seniors. He requested a senior rate with a toter and requested the city council look into this matter. Councilmember Monia suggested staff looking into the possibility of obtaining a smaller can. CoUncilmember Anderson stated staff is looking into this issue. City Manager Peacock stated staff will follow up on this issue and have a report back to the Council at the October 16 meeting. Mr. Bert Martel, 14420 Fruitvale Ave. expressed concern regarding the stadium at West Valley College. He discussed homecoming games and stated the Chancellor of the College would not support the games unless the City Council supports them. He stated unless there is full faculty and student support he would not support a homecomlng game. Councilmember Monia suggested placing this on the agenda for discussion at the October 2 meeting. Mr. John Di Manto, 1210 Coleman Ave., referred to item 8 (e), he stated he has various speakers regarding this item and would request to go over the 3 minute time limit. Mrs. Grens stated due to health reasons she would request to be heard on public hearing items on the agenda. She first noted she was misquoted in the Saratoga News. Regarding the final map, she feels all improvements and conditions should be met prior to approval. She stated the City needs to be careful with regards to landslides. Ms. Jill Hunter, President, Saratoga Union Board of Trustees, thanked City Council Minutes 3 September 18, 1991 the Council for listening to the concerns of the parents regarding children going to and from school. She stated the crossing guard is on duty, but drivers are not prepared for the guard.. She requested for the next two weeks a sheriff be posted to monitor this intersection until people become aware of the crossing guard. Councilmember Monia suggested placing this issue on the agenda because of the safety issue. MONIA/ANDERSON MOVED TO PLACE THIS ON THE AGENDA UNDER NEW BUSINESS. PASSED 4-0 (stutzman absent) Ms. Madeline Chiavetta, 19548 Chardonnay Ct., presented a map to the Council outlining the intersection and the danger for the children crossing. She requested a redesign of the intersection to make it safe for crossing. She stated the citizens need to be made aware of the crossing guard and would request a deputy sheriff present. Councilmember Anderson suggested flashing school lights to make people aware. She noted the Congestion Management Agency is producing a software program for car-pooling and urged the parents to look into this. The Council and City Manager discussed the signs necessary to make people aware of the crossing guard and the children crossing. City Manager Peacock stated a sign would be placed on Fruitvale Ave. He noted there would be no guarantee that there would be flashing lights within the next two weeks, but this would be looked into. It was a consensus by the Council to have the police monitor the intersection for the next few weeks. Councilmember Clevenger commented on the sub-division in the area and suggested the development of the sub-division and the possible change of the intersection be coordinated. Cheriel Jensen expressed concern regarding the process of meetings. She noted proper notice is not given and problems are overlooked. She stated there was a meeting of the Traffic Authority to discuss the extreme and extensive DDT pollution discovered in the Route 85 corridor, because this was not properly noticed the damage is overlooked. She requested the Council place this on the agenda as soon as possible. Councilmember Anderson stated it is her understanding that the nursery is not polluted with DDT and requested the whole corridor be inspected. Councilmember Monia requested a report from the Traffic Authority meeting. City Manager Peacock stated a report will be forwarded to the Councilmembers. Mayor Kohler explained the process of the meeting stating it is his policy to give the public adequate time to address the council. He noted the meeting will be adjourned at 12 midnight if possible. Mayor Kohler proceeded to the public hearings at 8:30 p.m. Councilmember Monia requested the recent press release put out by two councilmembers. be placed on the agenda under New Business for Council discussion as to policy on press releases for October 2. 8. PUBLIC HEARINGS A. Ordinance pertaining to completion of improvements prior to final map approval (first reading and introduction) (continued from September 4) City Manager Peacock commented on the Memo from the City Attorney, outlining the purpose and content of the. Ordinance noting a draft ordinance is attached. He stated meetings were held with interested parties regarding the changes in the Ordinance. The conclusion of the meeting was that all parties are in agreement with the contents of the Ordinance as presented to the Council. City Council Minutes 4 September 18, 1991 Mayor Kohler opened the public hearing at 8:31 p.m. Mr. John Di Manto stated he is concurrence with the revised ordinance. He requested to make one addition, Page 1, paragraph 3 in the cover letter should be incorporated in the adoption of the Ordinance. City Manager Peacock suggested the City Attorney's memo dated September 13, 1991, be considered part of the legislative record of the adoption of the Ordinance. Mayor Kohler closed the public hearing at 8:32 p.m. CounCilmember Monia stated he is in support of the Ordinance, but expressed concern about the burden of proof. He suggested all improvements should be met prior to final map approval, except for those improvements the City Engineer states should be done subsequent to final map approval. City Engineer Perlin stated he would feel more comfortable stating that certain conditions must be met before final map approval. He stated the improvements which should be done before final map approval affect the general public and they should be done prior to final map approval. Councilmember Monia felt it is easier to state which improvements don't have to be met prior to final map approval. Mr. Perlin stated both approaches can be taken, but he would prefer to take the pro-active approach. Mayor Kohler stated the need for the Ordinance was the result of improvements not met within subdivisions, noting the need is very high for subdivisions. Mr. Perlin stated if the city requires a developer to install all improvements prior to final mapsapproval, once they surpass a certain dollar figure the City may find they have bought the final map. He stated the City should look at the'improvements which are providing a benefit to the general public. Councilmember Monia stated the focus needs to be within the subdivision as well as the surrounding area. Mr. Perlin stated the map act and City Ordinances do provide sufficient security that on-site improvements will be completed. He noted they do not have the same assurance for off-site improvements and this is his concern. He explained the difference between conditions and improvements and stated geotechnical clearance should be addressed prior to final map approval. In response to Mayor Kohler's question, Mr.. Perlin stated repairing a hazardous landslide is an improvement, but not always necessary to be met prior to final map approval. There may be certain cases when the landslide repair should be done prior to final map approval. Councilmember Monia stated his main concern is overlooking an improvement that should be met prior to final map approval. Mr. Perlin explained the vested rights of the developer. He explained the options a~ developer has with regards to not meeting all improvements as required. City Manager Peacock stated the problem. is which items are to be exempt. He feels Councilmember Monia's suggestion is a more cautious approach. Councilmember Anderson supported Councilmember Monia's approach to exercise the most possible caution. Planning Director Emslie stated putting the burden on the developer is a significant benefit to the City. With regards to the vesting of the rights, the State Legislature is making it more difficult for Cities to take action on extensions of Tentative Maps. He also noted, when reviewing a Tentative Map at the time of extension, the laws prohibit changing or modifying conditions. city Council Minutes 5 september 18, 1991 Councilmember Monia stated he would request staff to re-word sections of the Ordinance. Councilmember Clevenger noted she had a note from Councilmember Stutzman noting that he supports the Ordinance as drafted, Councilmember Clevenger concurred. Mayor Kohler stated he concurs with Councilmember Monia's suggestion. Mayor Kohler closed the public hearing. MONIA/ANDERSON MOVED TO DIRECT THE CITY ATTORNEY TO REVISE THE ORDINANCE SO THAT THE BURDEN OF PROOF FOR EXCEPTION IS PLACED ON THE APPLICANT RATHER THAN THE CITY; TO BE REVIEWED BY THE COUNCIL AT THE OCTOBER 2 MEETING. PASSED 4-0 (Stutzman absent) ANDERSON/MONIA MOVED TO INCLUDE A STANDARD CONDITION OF TENTATIVE HAP AND TENTATIVE BUILDING SITE APPROVALS PROHIBITING ISSUANCE OF ANY ZONE CLEARANCES UNTIL ALL REQUIRED IMPROVEMENTS ARE COMPLETED AND CONSTRUCTION ACCEPTANCE OF ALL IMPROVEMENTS ARE CERTIFIED BY THE CITY ENGINEER. PASSED 4-0 (Stutzman absent) B. Amendment to the Zoning Ordinance (with the associated Negative Declaration) adding a Residential Open Space Zone District (R-OS), which may be applied to properties within the Clty's Sphere of Influence upon annexation to the City (first reading and introduction) City Manager Peacock noted the written communications received: Kay Duffy, Mid-Peninsula Regional Open Space District Mr. Clay Thomas Vicky Moore, Green Belt Alliance Fran Krezek & Hudelle Newman, League of Women Voters Linda Schild-Jones, Creeks Coalition L. Craig Britton, Mid-Peninsula Regional open Space District Planning Director Emslie presented the staff report dated September 18, 1991. He noted the Council referred the ordinance back to the Planning Commission to address certain issues. Mr. Emslie reiterated the Planning Commission's recommendations as outlined in the staff report. With regards to the prohibition of variances for building sites exceeding 30%, the City Attorney has prepared an extensive opinion, which addresses some of the legal and practical difficulties in limiting this. Therefore the Planning Commission is recommending this not be included in the Ordinance. Mr. Emslie addressed correspondence received by staff. The Green Belt Alliance is recommending the City take time with the definitions and do it in a policy context. They also recommended the setback from riparian corridors be increased to 150 ft. The League of Women Voters recommend 80 ft. He noted the Ordinance can be amended at this hearing to include the 150 ft. setback. Specific direction should be given to the Planning Commission to examine the 80 ft. or 150 ft. recommendations in context with the policy goals. Councilmember Anderson stated this process was started because of concerns in annexing property in the hillsides. In response to Councilmember Monia's question Mr. Emslie stated the riparian setback required by the County is 80 ft. City Manager Peacock addressed the list of conditionally permitted uses that are suggested in the R-OS zone. He requested the Council reconsider allowing overnight camping as there are existing camp ground facilities in this area. Mr. Emslie stated that the Planning Commission reached a consensus that the camp grounds would be a non-conforming use allowed to stabilize at the current intensity and allowed to continue. Me stated there was a strong feeling that the intensity of use associated with overnight facilities was not desirable. City Councll Minutes 6 September 18, 1991 Mayor Kohler opened the public hearing at 9:16 p.m. Ms. Marjorie Auttonberg, Foothill Ln., expressed concern regarding fences being built on the edge of the creek. The result of this is trash being dumped into the creek. She stated the creek banks should be open and visible. Because the creek is not visible vandalism occurs. and she requested the open space along the creeks be wider. She stated the developer should be required to provide space along the creek for public access and suggested the setback be 100-150 ft. She noted the county requires 150 ft. Ms. Ann Waltonsmith, 21060 Saratoga Hills Road, stated the 50 ft. setback for the riparian corridor is too small. Regarding the view shed, looking at the hills from the valley, prominence should be considered. Regarding clustering, prominence should also be considered. Ms. Patricia Mahler, 15555 On Orbit Dr., League of Women Voters, stated the League supports the Ordinance; they do request an 80 ft. setback from the riparian corridors. Mayor Kohler closed the public hearing at 9:25 p.m. Councilmember Anderson stated she is pleased with the Ordinance and would support the 150 ft. setback as recommended. ANDERSON/MONIA MOVED TO ADOPT THE 150 FT. SETBACK FROM THE RIPARIAN CORRIDORS AS RECOMMENDED BY THE ENVIRONMENTAL GROUPS. PASSED 4-0 (Stutzman absent) Counci'lmember Clevenger expressed concern regarding the only flat land of a lot next to the creek. City Manager Peacock stated if this is the case staff will look at the physical constraint of the property. Councilmember Anderson stated the developer and public should be aware of the standard. Councilmember Clevenger was in support of the camp grounds. City Manager Peacock suggested a change on Page 5 (j) removed the words"day use". CLEVENGER/ANDERSON MOVED TO REMOVE THE WORDS "DAY USE" AS RECOMMENDED BY THE CITY MANAGER. PASSED 4-0 (Stutzman absent) In response to Councilmember Anderson's question regarding Bed & Breakfast, Mr. Emslie stated it is not permitted. Councilmember Anderson suggested that Bed & Breakfast be considered. Mr. Emslie stated this was considered by the Planning Commission, but felt it brought an intensity of use which is not conducive to the open space use. Councilmember Monia noted he would not be in favor of Bed & Breakfast and supports the Ordinance as drafted regarding this issue. Councilmember Monia requested clarification on the use of the fault zone study area. In response, Mr. Emslie stated within 200 ft. of the fault line the developer must go through a study that the City Geologist will require. He stated there was extensive discussion with the City Engineer and Geologist as to how close a building can be to the fault line. The City Geologist did not recommend anything greater than 50 ft. and the City Engineer concurred. Mayor Kohler stated there would' be areas where the fault is difficult to detect. Councilmember Anderson stated it should be 50 ft. from the boundaries of the fault line. Mr. Emslie noted the City Engineer increased the study zone to 200 ft. City Council Minutes 7 September 18, 1991 City Engineer Perlin stated Page 8 (c) should read "Application acceptance. An application shall not be deemed complete until the City Engineer grants geotechnical clearance of the application" Councilmember Anderson suggested rewording #3 on page 8 to reflect that the City prohibit construction within 50 ft. of the possible location of a fault line. City Engineer Perlin stated the 50 ft. only comes into play when the location of the fault line is known precisely. If the fault line is not found then the 200 ft. for the special study comes into play. City Attorney Riback stated the ordinance does address Councilmember Anderson's concerns. MONIA/ANDERSON MOVED TO APPROVE A NEGATIVE DECLARATION AND ADOPT THE RO-S ORDINANCE INTRODUCED BY TITLE ONLY AND TO INCLUDE THE CHANGE IN LANGUAGE ON PAGE 8 (C) AS SUGGESTED BY THE CITY ENGINEER. PASSED 4- 0 (Stutzman absent) C. Ordinance amending the current solicitors ordinance by restricting the practice of leaving flyers, merchandise, etc. outside residences. (first reading and introduction) City Manager Peacock presented the staff report to the Council dated September 18, 1991. Mayor Kohler opened the public hearing at 10:02 p.m. Ms. Dorothy Reinke, 12453 Larchmont Ave., stated this is a security issue. She supports the idea that when a license is issued it is made clear that the advertisements must be placed in the hand of an adult. Mr. Ray Froess, 20225 Ljepava Dr., expressed concern regarding the security issue. He feels the Ordinance should specify how big the advertisements can be. Mayor Kohler closed the public hearing at 10:05 p.m. Councilmember Anderson feels the Ordinance will be enforced appropriately. She stated presently it is untidy and a security issue. Councilmember Clevenger felt that prohibiting political brochures should be included in the Ordinance. Councilmember Monia noted he supports the Ordinance. MONIA/ANDERSON MOVED TO INTRODUCE THE ORDINANCE REVISIONS OF ARTICLE 4-50. PASSED 4-0 (Stutzman absent) D. Amendment to the Zoning Ordinance revising Design and Residential Development Standards (with the associated Negative Declaration) (first reading and introduction) City Manager Peacock informed the Council of a written communication from William A. Allen, President, Los Gatos-Saratoga Board of Realtors. Planning Director Emslie stated this is the Planning Commission's recommendation for the changes to the R-l, HCRD, NHR and Agricultural zone districts. He noted the Planning Commission held a series of work shops with representatives from the community. The Planning Commission and staff concluded that changes in the zoning ordinance are necessary to be specific as to the goals of staff and the Planning Commission. Mr. Emslie presented a summary of the review changes as follows: · Clustering - In hillside districts Setbacks Proportional setback in all zones Revision to setbacks in R1 zones Grading 1,000 cu yd limitation - Allows exception Coverage Exempts driveways - Reduced coverage City Council Minutes 8 September 18, 1991 Councilmember Anderson expressed concern regarding the 12,000 s.f. coverage under the R-OS district. She feels this will encourage people to build two-story homes which will be more prominent. Mr. Emslie stated staff recommends an exception be allowed to exceed the coverage. Councilmember Anderson feels the 12,000 s.f. limitation will become troublesome and should be addressed at a later time. Design Review - Floor Area Ratio stays the same - 7,200 square foot cap in hillside zones - Height adjustment; R-1 zones minus 2% allowable floor area per ft. of building height over 18 ft. - Refinement of Design review findings Planning Director Emslie presented charts to the Council showing maximum house sizes for the zone districts. He compared the existing ordinance with the proposed ordinance. In response to Councilmember Monia's question Mr. Emslie stated there was considerable debate by the Planning Commission regarding the height adjustment. The debate centered around a higher percentage for heights over 18 ft. Councilmember Anderson expressed concern about the maximum lot sizes in hillside areas, she feels this will encourage two story homes. Mr. Emslie stated there are no proposed changes to lots 5,000 s.f. or less. Councilmember.Clevenger questioned the remodeling of homes' under the revised ordinance. Councilmember Anderson also expressed concern regarding precluding two story homes. Mayor Kohler stated if the ordinance was in place, many problems with two story homes in other neighborhoods would not have come up. Councilmember Anderson suggested this part of the ordinance be applied to additions rather than new construction. Mayor Kohler opened the public hearing at 10:40 p.m. Mr. John Di Manto, 1210 Coleman Ave., stated that the study sessions and Planning Commission hearings were not represented by a cross section of property owners in the City. He noted this revised ordinance will have devastating financial impact on developers. Mr. Richard Rhode, Architect, presented a slide presentation showing developments in rural parts of the City and other areas. He presented drawings of Mr. Di Manto's property, stating it is a unique piece of property which needs to be developed with sensitivity. He noted the height restrictions are a concern. Because this is a unique piece of property, Mr. Rhode stated, there needs to be a device to accommodate architectural elements. Mr. Bill Heiss, 925 Regent St., presented a view graph illustrating the five lots on Mr. Di Manto's property. He showed the effect-the revised ordinance will have on the property. He feels the house size is very restrictive and renders the property economically unfeasible. He stated the Ordinance is too restrictive. In response to Councilmember Monia's question, Mr. Heiss stated the 2% penalty on height is a major problem. Mr. Heiss felt there are ares in the City that this Ordinance should not apply to - unique areas. He noted Mr. Di Manto's property is relatively invisible because of vegetation and topography. He noted the revised ordinance does not penalize the hillside districts, but does penalize the R1-40 with the 2%. In response to Councilmember Clevenger's question, Mr. Heiss stated the Cit~ Council Minutes 9 September 18, 1991 2% penalty for height and the 7200 square foot cap are both concerns. He noted they are also concerned about the declining area. He suggested that this property, because of its uniqueness, warrants special consideration. He also suggested variations for height, size and setbacks using the same exception process. Mr. Randall Kemp, Parker Ranch, stated he recognizes the need for control and design guidelines, but feels there is already enough control. He feels the public opinion is in favor of no change. He stated the 7200 s.f. cap and the height limitations are too restrictive. People like large homes. He is in favor of no change and feels property owners should not be prohibited from building onto their homes if setbacks and height limits are met. Ms. Melanie Kemp, Parker Ranch, expressed concern regarding the lack of due process in this proceeding. She is not in favor of the revised ordinance and suggested a poll be taken to see what the residents want. Mr. Robert Egan, Fieldstone Dr., stated this is a prestigious community and people should be allowed to expand as families grow. He noted keeping the ordinance as is will not make any difference to first time home buyers. Mr. Egan feels the Council will reduce property value by not allowing to remodel and do extensions. He urged the Council not to change the Ordinance. Councilmember Anderson stated the Planning Commission's intent, with regards to hillside development, is to achieve a rustic look and atmosphere. Mr. Egan stated people should be allowed to build estate type homes if they have the land. Councilmember Monia stated that over the years the City's controls have been getting more restrictive without decreasing the property value. He noted Saratoga continues to grow as a prestigious community to live in. What led to the issue of the 2 story homes was complaints from citizens. This Ordinance is an attempt to solve complaints from citizens and started at the Council level.. Mr. Egan stated people want two story homes that are functional and feels what is proposed in the revised ordinance is too restrictive. Mr. Shelly Williams, '11951 Brook Ridge Dr., stated he is in favor of creating a desirable community. Every property is unique to the property owner and two story homes should be allowed. He feels architecture should be left alone to encourage creativity. The penalties for height should be dropped. He stated the fewer restrictions the better and does not support the grading proposed. In response to Councilmember Monia's question, Mr. Williams stated people should be allowed to build on second stories if so desired. Mr. Eric Morley, Los Gatos Board of Realtors, stated the Board of Realtors expressed concern about the 7200 s.f. cap on homes in all districts. He stated the proposal does not take into account the size of the parcel, the placement of a home on a site and these issues should be addressed when proposing a cap. He questioned the set back in corner lots and would they require a variance when doing an addition. Mr. Emslie stated any lot that becomes non-conforming as a result of the revised ordinance is put into a category of legal non-conforming. He stated variances are required if a change to the home is made. Mr. Morley requested a grandfathering clause be added onto corner lots so they would not be penalized if they choose to do an addition. / Mr. Peacock stated in some cases corner lots will have an additional 10 ft to add on to the side yard. Also they are now dealing with a 10 ft. rear yard setback, he felt additions should not take place in this area. He explained the findings necessary for a variance. Mr. Morley stated another concern is the reduced Floor Area Ratio based on height. He stated in some cases this would unfairly penalize the City Council MinUtes 10 September 18, 1991 homeowner. Two story applications should be dealt with on a case by case basis. Mr. Morley stated the Council should utilize the existing ordinance. He explained the process used in Los Gatos and stated the city should stop controlling and start planning. He feels the Ordinance is an over reaction to concerns. Mr. Gene Zambetti, 14510 Big Basin Way, stated he would like to see more exceptions with regards to square feet in the HCRD and NRD zones. He would like to see garages calculated out of the square footage of the houses. He expressed concern regarding height penalties. Mr. Zambetti expressed concern about the property which will become non- conforming as a result of this Ordinance. He would like to see more exceptions for more creativity. With regards to clustering, he feels it needs to be clarified the Ordinance. Mr. James Gregory, 20602 Lomita Ave., stated his two story addition is a good example of good architecture and with todayes Ordinance this would not be allowed. He feels the Council is moving in the wrong direction with the revised ordinance. Each property is unique and should be dealt with on a case by case basis. Mr. Gregory stated that in some situations two story homes can look better than very large one story homes. Mr. Mark Wilkinson, 12175 Saratoga/Sunnyvale Rd., expressed concern regarding the 7,200 s.f. cap. He felt that the many restrictions on the revised ordinance will prohibit growing families to do additions. He stated architecture diversity is good in the right areas. He expressed concern regarding the height restriction and properties should be looked at on a case by case basis. He talked about estate homes and feels if homes can be built and not seen they should be allowed, regardless of height and size. He feels there should be guidelines and should be adhered to by the city and the property owners. Mr. Jabil Saffarian, 21757 Congress Hall Ln., expressed concern regarding the height penalty and 7200 s.f. cap. Mayor Kohler closed the public hearing at 12:05 p.m. Councilmember Clevenger expressed concern regarding the cap and the two-story penalty. She does not want to rule out two story homes in Saratoga. She suggested forming an Architectural Committee to work with property owners. She feels new properties should not be penalized for two story houses. Councilmember Anderson opposed the cap and the two story height penalty. She prefers to work with each property on a case by case basis. She noted there are exceptional properties and feels a variance can. handle this. Councilmember Monia stated exceptions should not be made on a regular basis. He noted he is in support of the concept of the height penalty. What is proposed is too restrictive, but feels there should be an incentive for one story homes. The 7200 s.f. cap is too restrictive, but would likea cap. City Manager Peacock stated thereis the ability to reduce the amount of allowable square footage as the size of the property increases and not have a cap at all. The Council agreed to consider an alternative, the size of lot can be considered as to the size of home allowed. Councilmember Monia stated the reason for this revised ordinance is to address future and existing problems. Councilmember Anderson stated she is in favor of the slope formulas and the geotechnical clearance used. Mayor Kohler stated the Ordinance is an overall review of discussions with other councilmembers. He feels there should be no cap and is not in favor of the 2% penalty. The two story should be looked at for bulk and mass in the hillsides. City Council Minutes 11 September 18, 1991 Councilmember Anderson suggestion considering corner lots as in-fill lots. She supports a 25 ft. setback on the side and the back in subdivisions. City Manager Peacock stated that other communities addressed this by requiring corner lots to be 10-15% larger than the minimum lot size to. allow the additional space, then the setback does not become an impediment. Councilmember Anderson expressed concern regarding the 12,000 s.f. envelope, but a sliding scale should be looked at for this issue. She noted this should be revisited. Councilmember Monia concurred with Councilmember Anderson. Councilmember Anderson stated that neighborhoods should decide on one and two story homes. Staff was directed to prepare revisions to address the Council consensus for review at the next meeting. E. Ordinance repealing provisions of Municipal Code pertaining to Conditional Final Subdivision Maps (first reading and introduction) City Manager Peacock stated this Ordinance is a technical change to the subdivision ordinance. Mayor Kohler opened the public hearing at 12:25 p.m. Mayor Kohler closed the public hearing. CLEVENGER/ANDERSON MOVED TO INTRODUCE AN ORDINANCE OF THE CITY OF SARATOGAAMENDING SECTION 14-40,050 AND SECTION 14-40,060 BY TITLE ONLY AND WAIVE FURTHER READING. PASSED 4-0 (8tutzman absent) B. WRITTEN COMMUNICATIONS 1) Meber N. Teerlink, 16101 Matilija Dr., Los Gatos, announcing withdrawal of easement dedications and asking questions concerning Tract 6781 - Continued to 10/2. 2) County Intergovernmental Council, requesting endorsement of IGC Homeless Task Force Work Plan - continued to 10/2 3) Santa Clara County Traffic Authority, regarding wall and berm heights east of Quito Road on Route 85 - Tabled. 4) Robert and Kathleen Moore, 12969 Foothill Lane, objecting to rate of Construction Tax - Continued to 10/2 5) Saratoga Youth COmmission, supporting development of public skateboard facility in Saratoga - Continued to 10/2 6) Ann Waltonsmith, 21868 Saratoga Hills Road, regarding Route 85 corridor riparian replacement and the Nelson Gardens property - Continued to 10/2 6. OLD BUSINESS A. Report of City Attorney on results of the closed session of September 10, 1991, on the evaluation of the performance of the City Manager City Attorney Riback presented the report to the Council. At the City Council closed session on September 10, 1991, council majority City Council Minutes 12 September 18, 1991 determined in the evaluation of the performance of the City Manager that it was satisfactory and pursuant to current r~solution translates to a 4% salary increase. B. Policy Statement_ on Creekside Trails for Open Space and Circulation Elements (Burlingham oral communication from 8/7) - Continued to 10/2 C. Response to oral communication of September 4, 1991, from -Karin Dowdy requesting a public apology for incorrect statements made by Mayor Kohler, Vice Mayor Monia and Councilwoman Anderson .and attributed to Mrs. Dowdy - Continued to 10/2 D. Proposed Program Enhancements; Traffic Safety Enforcement and Traffic Engineering Analysis continued from 9/4) - Continued to 10/2 E. Ordinance 71-95 revising regulations on placement of realtors' open house signs (second reading and adoption) CLEVENGER/MONIA MOVED TO ADOPT THE ORDINANCE REVISING REGULATIONS ON PLACEMENT OF REALTOR'S OPEN HOUSE SIGNS. PASSED 4-0 (Stutzman absent) F. Review recommendations of Tract 7770 Committee if necessary from discussion at the adjourned regular meeting of September 17, 1991 - Continued to 10/2 7. NEW BUSINESS A. Position Statement Proposed by Santa Clara County Cities Association regarding regional governance City Manager Peacock stated there is a written statement from Mayor Koppel of Cupertino included in the staff report. Councilmember Clevenger stated it is important to attend the meeting to take a position on the issue. It was agreed by the Council to support the County's recommendation. It was also agreed by the Council that Councilmember Clevenger would vote. B. Resolution 91-66 declaring 12501 De Sanka (Winston Chew) a Public Nuisance and setting hearing for October 16, 1991 CLEVENGER/ANDERSON MOVED TO THE ADOPT RESOLUTION. PASSED 4-0 (Stutzman absent) Mr. Winston Chew, 12501 De Sanka Ave., stated he needs time to clean up his property and will work with the City. Councilmember Anderson stated She is not willing to give Mr. Chew an additional extension. C. Fourth Street Sidewalk - Capital Project 958: Award of Contract to lowest responsible bidder; authorization for City Manager to execute contract; authorization for staff' to execute change orders. CLEVENGER/MONIA MOVED TO AWARD THE BID TO THE LOWEST RESPONSIBLE BIDDER. PASSED 4-0 (Stutzman absent) The City Manager noted a budget adjustment would be needed for this project and an appropriate resolution will be prepared for City Council approval at a later meeting. D. 1991 Pavement Management Program Contract - Award of contract to lowest responsible bidder; authorization for City Manager to execute contract; authorization for staff to execute change orders CLEVENGER/MONIA MOVED TO AWARD THE CONTRACT TO O~GRADY. PASSED 4-0 city Council Minutes 13 September 18, 1991 9. CITY COUNCIL ITEMS A. Reports from IndiVidual Councilmembers - None. 10. 'CLOSED SESSION on pending litigation on illegal grading, clearing and tree removal on Cocciardi/Chadwick development,' Tr. 7770, and on litigation on the Villa Montalvo case. - NO CLOSED SESSION WAS HELD. 11. ADJOURNMENT Having concluded business, the meeting was adjourned at 12:40 a.m.' Respectfully submitted, Catherine M. Robillard Minutes Clerk