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HomeMy WebLinkAbout11-06-1991 City Council Minutes MINUTE8 SARATOGA CITY COUNCIL .. ~ TIME: Wednesday, November 6, 1991 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting 1. ROLL CALL Councilmembers Present: Anderson, Clevenger, Monia, Stutzman, Mayor Kohler Staff Present: City Manager Peacock, City Attorney Riback, City Engineer Perlin, Environmental Programs Manager Gloege, Interim Planning Director Adar. Planning Commissioners Present: Planning Commissioner Caldwell. 2. CEREMONIAL ITEMS A. Proclamation on Great American Smokeout requested by Los Gatos-Saratoga High School District ANDERSON/STUTZMAN MOVED TO ACCEPT THE PROCLAMATION ON GREAT AMERICAN SMOKEOUT. PASSED 5-0 3. ROUTINE MATTER8 A. Approval of Minutes - 10/16, 10/22, 10/29 Councilmember Monia corrected the minutes of 10/16 as follows: Page 4, Motion should be Clevenger/Monia and should read "...moved to request the City Attorney to answer questions raised by Mr. Schwartz" ANDERSON/STUTZMAN MOVED TO ~PPROVE THE MINUTES OF 10/16 AS CORRECTED. Mr. Bert Martel, 14420 Fruitvale Ave., stated there is no reference to his discussion on Ordinance 15-80.070 in the Minutes of 10/16. He stated this Ordinance is violated by the playing of football games. He noted he would like this referenced in the minutes. The above motion was carried 5-0. Councilmember Monia requested the verbatim transcripts of all joint meetings regarding Tract 7770 be submitted to the Councilmembers. MONIA/STUTZMAN MOVED TO APPROVE THE MINUTES OF 10-22, AS PRESENTED. PASSED 5-0. CLEVENGER/ANDERSON MOVED TO APPROVE THE MINUTES OF 10-29, AS PRESENTED. PASSED 5-0. Mr. Jeff Schwartz requested that his comments preceding Chancellor Mellander comments be reflected in the minutes. The above motion was carried 5-0. B. . Approval of Warrant List ANDERSON/MONIA MOVED APPROVAL OF THE WARRANT LIST. PASSED 5-0. C. Report of City Clerk on Posting of Agenda city Manager Peacock stated pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on November 1, 1991. 4. CONSENT CALENDAR A. Planning Commission Actions, 10/23 - Note and file. Mayor Kohler requested Item A. be removed from the Consent Calendar. B. Resolution 91-70 declaring Weeds growing on Certain City Council Minutes 2 November 6, 1991 Described Property to be a Public Nuisance C. Approval of Reprogrammlng of CDBG Funds from Housing Development Funds to Shamon Palms Project D. Financial Reports - September 1) Treasurer's Report 2) Investment Report 3) Financial Report 4) Quarry Creek Trust Report 5) Teerllnk Trust Report E. Resolution 91~71 abandoning easements at 12441 curry Court - Silversteln F. Ordinance NS3-ZC-9S amending the zoning ordinance to reclassify parcels currently in the R-1-20,000 zone district to R-1-40,000 in order to ensure that all parcels under the same ownership are in consistent zone districts. (Applicant, Estate of Audrey Smith) (ZC91-002) (second reading and adoption) G. Approval of '$500 City contribution for annual employee Holiday Season Party H. Approval Extra Holiday on December 24 for City Staff ANDERSON/MONIA MOVED TO APPROVE TO CONSENT CALENDAR WITH THE EXCEPTION OF ITEM A. PASSED 5-0 Mayor Kohler noted he was present at the Planning Commission meeting when the Williams application was approved. He stated he is confused as to the timing for the trees to be planted and the restoration taking place. He noted he got the impression that some trees would be installed prior to construction of the building. Because of his confusion regarding this matter Mayor Kohler requested this item be called up for discussion. Councilmember Stutzman voted yes to call this item up for discussion. Mr. Phil Williams, 21796 Hyannisport Drive, Cupertino, expressed concern regarding the process. He noted 12 oak trees will be installed replace two oak trees removed, this exceeds 50 percent of the original content. They will comply with the City Horticulturist recommendations. Mr. Williams stated his opposition to the Mayor's request to bring this item up again for discussion. He suggested that 9 of the 12 trees be installed and the remaining 3 be installed after construction is complete. He noted if he cannot proceed in the proposed manner, no restoration will take place. He asked the Council to accept the proposal to plant the replacement tress in stages, and allow him to water them from the metered fire hydrant. He also requested that this item not be removed from the consent calendar and be approved at this meeting. With regards to Ms. Nieman's concerns, he requested that she address her specific grievances to the City and not use the approval of his house plans as. a platform for-debate. Mayor Kohler felt there is enough confusion to warrant a discussion. Councilmember Clevenger stated she is opposed to calling this item up and the process should not be delayed. Councilmember Stutzman questioned the time frame the trees will be installed and Mr. Williams stated that if everything goes forward at this time the trees will be installed between January and March. Mayor Kohler stated he is still concerned about this matter and it should be discussed. · City Council Minutes 3 November 6, 1991 Mr. Williams stated they cannot move into the house until the trees are planted. Councilmember Anderson stated she is in favor of leaving this on the Consent Calendar. She feels the conditions will secure the trees being planted in a timely matter. ANDERSON/CLEVENGER MOVED TO PROCEED WITH THE PLAN WHICH WAS APPROVED AND FOR STAFF TO MONITOR THE PROJECT.Passed 3-2 (Kohler, Monia opposed) Dr. Stutzman said that he had voted for the motion with the stipulation that the trees be planted by March. CONSENT CALENDAR II - Claims A. Claim of Clay Biscarro in connection with baseball injury MONIA/CLEVENGER MOVED TO DENY THE CLAIM OF CLAY BISCARRO. PASSED 5-0. 5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. OI~AL COMMUNICATIONS Mr. Bert Martel noted the Ordinance he referred to is a City Ordinance and cannot be amended except on appeal from the voters. He noted the College and neighbors cannot get together and change this Ordinance. The City has a role in this dispute, to enforce the ordinance. Mr. Steve de Keczer, 13415 Pierce Road, presented copies of a letter to the Councilmembers regarding trees on Pierce Road. He expressed concern regarding the upkeep of the trees in City right-of-way. Mr. de Keczer reiterated his suggestions as outlined in his letter presented to the Councilmembers. He requested permission to cut down a dead tree on his property, which is a fire hazard, without having to wait for two weeks. Councilmember Anderson stated she is in favor of cutting down the tree. Mr. Peacock stated if the tree is a safety hazard, permission from the Fire District or Sheriff Department can be obtained to remove it. He further stated that the City budgets thousands of dollars to maintain trees in the City right-of-way. B. WRITTEN COMMUNICATIONS 1) Creation of a Standing committee on Legislation for the Santa Clara County Cities Association. City Manager Peacock reiterated comments from the Memo from Penny Lave, President, Cities Association, as outlined in the staff report. Councilmember Anderson spoke in favor of sending a response that the Council will support this Committee. She feels this would be a tool for small cities to respond to legislative issues. ANDERSON/MONIA MOVED TO SUPPORT THE STANDING COMMITTEE ON LEGISLATION FOR THE CITIES ASSOCIATION. PASSED 5-0. Councilmember Monia volunteered to represent the City and Mayor Kohler would be backup. 2) Walter Ballard, 18288 Swarthmore Drive., objecting to lack of enforcement of zoning laws. City Manager Peacock stated while he sympathizes with Mr. Ballard's concerns, there is no further action the City can take under the current zoning ordinance. Councilmember Stutzman questioned the violation short-term parking and Mr. Peacock stated a vehicle has to be parked 72 hours without being removed and has to be of a certain size before it can be removed. MONIA/CLEVENGER MOVED TO AUTHORIZE STAFF TO SEND LETTER EXPLAINING City Councll Minutes 4 November 6, 1991 ZONING REGULATIONS. PASSED 5-0 3) Mayor Don McMillen, City of E1 Monte, requesting support for restoring funding to State Department of Alcoholic Beverage control City Manager Peacock noted there is also a letter from the City of Arcadia asking for the same support. He feels strongly that there should be adequate levels of enforcement regarding this matter. STUTZMAN/ANDERSON MOVED TO SUPPORT THEREQUEST BY THE CITY OF EL MONTE. PASSED 5-0. 4) W.D. Whetstone, 14395 Saratoga Ave., with concerns about cellular transmission antenna ordinance. City Manager Peacock stated there will be a hearing on this matter in two weeks. Me noted the City Attorney has prepared a memo on the issue on whether or not the City should have an ordinance that allows these public utility facilities. The City Attorney's opinion is that regulations of these facilities at the local level is a better legislative scheme from view point of the city. He noted there are concerns regarding the current ordinance because it does not require a conditional use permit in all cases. He noted the City~s position would be strengthened if this conditional use permit was required. He suggested when this particular application is finished a change t0 the Ordinance should be made. Regarding the location of a site and the makeup of the surrounding environment, Mr. Peacock stated this should be determined on a case- by-case basis and the burden of proof, as to environmental impact, should remain with the applicant. ANDERSON/STUTZMANMOVED TO APPROVE STAFF~S RECOMMENDATIONS. PASSED 5- 0 6. OLD BUSINESS A. Recommendations from Publlc Safety commission - Saratoga Avenue/Herriman Avenue Traffic signal. City Manager Peacock noted the Council has received a report from the City Engineer. STUTZMAN/ANDERSON MOVED TO ACCEPT RECOMMENDATIONS FROM THE PUBLIC SAFETY COMMISSION. PASSED 5-0. MONIA/ANDERSON MOVED TO ADOPT RESOLUTION MV-198 ESTABLISHING NO PASSING ZONE. PASSED 5-0 ANDERSON/MONIA MOVED TO ADOPT RESOLUTION MV-199 CREATING A NO PARKING ZONE ON A PORTION SARATOGA AVE. PASSED 5-0. Councilmember Anderson commended the Public Safety Commission for their good work. B. Route 85 - Saratoga Creek to Los Gatos creek: Design and Plans. Confirmation Letter - Route 85 MSA 106-20 City Engineer Perlin explained the different alternatives for the wall to be constructed on Bonnet Way as outlined in the staff report. He noted certain types of masonry block sound wall could be built along Bonnet Way for less that $288,000, although not similar to other walls being built around the City. He stated no matter which wall is chosen they will all mitigate sound as long as the wall is built to a certain standard. Regarding the reflective noise, a wood or masonry wall would muffle the noise better than concrete. The cost for maintenance of these walls is nominal and are all similar. He is recommending that the City declare its intention to build the wall and direct staff to notify the Traffic Authority. There will be meetings with neighbors to discuss the wall type. Mr. Perlin noted a portion of the wall overlaps for approximately 220 feet and suggested dropping this portion of the wall to 12 feet to cut down on costs. City Council Minutes 5 November 6, 1991 Councilmember Anderson noted there are many options for the wall once the decision to build the wall is'made. She suggested staff locate an existing wooden wall so it can be reviewed by both the Council and the public. Councilmember Clevenger stated a wall will be built to suit the. neighborhood and concurred with Councilmember Anderson as to reviewing a wooden wall. Mayor Kohler felt a wooden wall may be a good solution. Mr. Perlin stated there is more design flexibility with a wooden wall. ANDERSON/MONIA MOVED TO DECLARE THE CITY'S INTENTION TO CONSTRUCT BONNET WAY SOUND WALL/LND NOTIFY THE TRAFFIC AUTHORITY. PASSED 5-0. At this time the Council moved to the public hearings. 8. PUBLIC HEARINGS: Mayor Kohler noted he had a request to continue item 8B. A. Amendment to the Zoning Ordinance revising Design and Residential Development Standards (with the associated Negative Declaration) to: establish density standards for clustering in the HC-RD and NHR zones; establish a maximum house size of 8000 sq. ft. in the HC-RD and NHR Zones; revise setback standards for all R-1 and hillside zones; revise impervious coverage standards; revise the grading standards, including lowering the threshold for which a permit is required (first reading and introduction) City Manager Peacock reiterated comments from his memo 'dated November 1, 1991. Mayor Kohler opened the public hearing at 8:45 p.m. Mr. John DiManto expressed concern regarding guidelines achievable for a variance in reference to roof heights and minimum square footage. He stated there needs to be more flexibility for architecture. Ms. Virginia Fanelli, 1175 Saratoga Ave,#17, San Jose, expressed concern regarding the clustering portion of the Ordinance. She feels this is counter productive to encouraging clustering and open space. Regarding Coverage, Ms. Fanelli stated that 15,000 s.f. islimiting and penalizes property owners with large amounts of property and requested the Council reconsider this. She stated square footage is not a good determination of mass and bulk. She noted that accessory structures can be added to homes without adding to the mass and bulk. Councilmember Monia stated, regarding clustering, there is credit given for dedication of land. He expressed concern regarding clustering and stated after seeing the fire damage in Oakland he feels clustering should be revisited in the future. Mr. Bill Heiss, Civil Engineer~ expressed concern regarding the exception process. He stated there should be some methodology were sections could be instituted when the design and site conditions merit exceptions. Mayor Kohler closed the public hearing at'8:55 p.m. Councilmember Stutzman suggested adding the words "...a preponderance of the evidence..." be added to section 28 (b) (2) after the words "...demonstrated by..." There was a consensus of the Council to add the words as suggested by Councilmember Stutzman. Mayor Kohler stated page 2, the average slope should be calculated in accordance with Section 15-06.036 as opposed to 15-06.030. City Council Minutes 6 November 6, 1991 Gross and Net Area used for the slope formula was discussed by the Council. Ms. Adar explained the formula used. Councilmember Clevenger stated she objects to the cap on the asymptotic curve to determine the maximum house size. She expressed concern about prohibiting people from building 2 story homes. She further expressed concern regarding the Ordinance prohibiting the building of exceptional houses in Saratoga. At this point she would not vote in favor of the Ordinance. Councilmember Monia stated the Council must be careful when giving people special privileges. He stated there have been long and lengthy debates on this Ordinance and is in favor of it. Councilmember Anderson stated there should be exceptions for barn structures. Ms. Adar stated the ROS Ordinance separates accessory structures from main structures. She noted the restriction for the accessory structure is 1600 s.f. Councilmember Anderson stated she is still in favor of the clustering. Regarding special privileges, she noted she visited an estate which is an exceptional property and would not want to prohibit builders from building these type of homes if the land is available. She is opposed to the 8,000 s.f. cap. She also expressed concern regarding the 15,000 s.f. coverage as it encourages 2 story homes, which they are trying to discourage on prominent sites. She is opposed to the 2 story height penalty and expressed concern regarding the process at this time. MONIA/STUTZMAN MOVED TO INTRODUCE THE ORDINANCE AS REVISED. Councilmember Stutzman noted there have been extensive meetings on the issues discussed. The City is limited in lot sizes and therefore should limit the size of homes. He feels the Ordinance is a consensus of the Citizens. Mayor Kohler concurred with Councilmember Stutzman and noted the Ordinance is acceptable. City Attorney Riback suggested a modification on Page 2, Section 2 (a) to removed the words "...which are located entirely below grade..." This change was accepted. Councilmember Anderson stated that citizens are objecting to very large homes within the City, but if the land is available she feels the estate homes are acceptable. The above motion was carried 3-2 (Anderson, Clevenger opposed) B. Appeal of denial of design review approval to construct a new 4,123 sq. ft. two-story residence on a 22,651 sq. ft. parcel in the R-1-20,000 Zone district at 20420 Montalvo Oaks (Applicant/appellant, J. Waller)(DR91-041) MONIA/ANDERSON MOVED TO CONTINUE THIS ITEM TO NOVEMBER 20, 1991. PASSED 5-0. C. Appeal of denial of design review approval to construct a new 5,217 sq. ft. two-story residence on a one-acre site in the NHR zone district at 14113 Pike Rd. (Applicant/appellant, D. Orosz)(DR91-022; SD89-011.2) Interim Planning Director Adar presented the staff report dated November 1, 1991. Mayor Kohler noted he had talked to the applicant and Mr. Zambetti and had received additional information which he shared with the Council. Mayor Kohler opened the public hearing at 9:45.p.m. Mr. David Orosz, 14113 Pike Rd. stated he has lived in Saratoga for many years and would like to build his home within the City. He stated City Council Minutes 7 November 6, 1991 he has been sensitive to the hillside community and all concerns have been addressed. Mr. Orosz stated he has complied with the Ordinances. He urged the Council to approve his design. Mr. Gene Zambetti presented photos to the council. He referred to the Tentative Map which was approved by the Planning Commission. He noted lot B was approved at an elevation of 198 ft. He requested a modification on page 36 of the staff report to reflect the elevation contour as 205 feet. Mr. Zambetti stated when designing the home the goal was to have the least amount of grading as possible. He presented proposal A noting that 25% of the home exceeds the 208 contour elevation. The Planning Commission requested a redesign of the home at this time. Proposal B was modified to meet the Planning Commission's concerns. He noted he has talked to neighbors and all are in support of the home being built. Mr. Zambetti presented photos showing prominent sites in the area, noting some are much more prominent than the applicant's proposal. He stated the existing rural vegetation will not be over looked. The cut and fill will be between proposal A & B. .He noted the small portion of the home which exceeds the 205 elevation does not increase the perception of mass and bulk. He urged the Council to approve this proposal. The contour elevation was discussed between staff and the council. Staff noted the topography map presented showed the highest contour line at 200 feet. Ms. Adar noted the first map at the sub division level was not clear, but the new map indicates 204 feet. Councilmember Anderson suggested taking the design of proposal B and fitting it into the contour of proposal A. She noted proposal B minimizes bulk. Mr. Michael Helm, Architect, stated the initial proposal A was set at a higher elevation. It was recommended by staff to lower the elevation and this was done. He noted if Councilmember Anderson's suggestion was taken into consideration the roof line would be approximately 4 ft. higher. Mr. Orosz stated he is appealing plan B, but would like to have plan A approved. Councilmember Stutzman questioned if the Planning Commission was aware of the change in the Contour. Mr. Helm stated a letter was sent to the Planning Commission prior to the hearing which indicated that the level of the lot was 204 ft. He stated the topography study map was prepared by Nowack & Associates and at this time the discrepancy was discovered. He noted the neighbor's lot was approved at 198 ft. Councilmember Anderson stated the unapproved minutes of the Planning Commission indicates that they based their decision at the 200 ft. elevation. City Engineer Perlin confirmed that the elevation is 204 ft. as indicated on a map prepared by Nowack & Associates. Dr. Steven Tager, 13983 Pike Rd., noted he is building his house adjacent to lot B and the map before the Council was confirmed by Nowack & Associates and the same 'map was used in designing his home. Dr. Tager went on to state that the construction of this home will have the greatest impact on him. He noted the house is not visible from the valley floor. He urged that one of these plans be approved as they are consistent with homes in the area. Planning Commissioner Caldwell stated that the contour map presented at this hearing is new evidence on appeal. She noted the Planning Commission voted denial not only on the elevation, but also mass and bulk as well as color. In response to Mayor Kohler's question, she stated this lot seems to be more prominent than Mr. Tager's house. Mr. Zambetti feels the Planning Commission denied this application basing their decision on 200 ft. contour. He noted he had a petition signed by neighbors in favor of building this home. He feels this is not as prominent as other sites in the area. Dr. Tager stated he recommends the Council approve of the proposal. City Council Minutes 8 November 6, 1991 He noted he does not want to see a large amount of grading. Mayor Kohler closed the public hearing at 10:20 p.m. Councilmember Clevenger stated the Council needs to decide whether the building should be 5 ft. higher or remove 1000 cu yards of dirt. Councilmember Stutzman stated the Planning Commission turned this down because of color as well as mass and bulk. He felt this is a matter for the Planning Commission as the correct information was not presented to them. He suggested this be remanded back to the.Planning Commission without prejudice. Councilmember Monia concurred with Councilmember Stutzman. He noted 204 ft. height limitation is acceptable and proposal B is more favorable. He noted the cut and fill is a serious issue and should be considered. In response to Councilmember Anderson's concerns regarding information regarding the contour elevation, Ms. Adar stated the elevation was a concern, but not the only reason for denial by the Planning Commission. She feels the maps were not clear to the Planning Commission. Councilmember Monia feels the Planning commission who approved Dr. Tager's house with the same conditions showed the heights from a view shed standpoint not the highest topography line. Councilmember Anderson felt the height of this home is similar to Dr. Tager's house. She feels the three issues, as pointed out by staff, have been addressed by the applicant. ANDERSON/CLEVENGER MOVED TO APPROVE PLAN B, BRINGING THE TOP ROOF LINE UP TO 204 FT. IN ORDER TO MINIMIZE THE AMOUNT OF GRADING REQUIRED, THE FINAL COLOR OF THE HOUSE TO BE APPROVED BY THE COUNCIL. Councilmember Monia stated that the Planning Commission minutes do not indicate that the height of house limit was set on the highest point on the site. He feels the issue the Planning Commission denied the proposal on is excessive bulk in relationship to the neighborhood. Mr. Zambetti presented the public hearing records of the meeting of June 13, 1990 to the Council. He also pointed out in the staff report that the Planning Commission based their discussion on the lower contour elevation. Councilmember Anderson stated the minutes of the Planning Commission meeting dated June 13th do not indicate that the Commissioners based their decision on view shed, but on the highest point of the house. Mayor Kohler stated it is not clear as to what the Planning Commission considered and feels the Planning Commission should review this to look at proposal A which the applicant prefers. Mrs. Orosz stated they will be happy to have Plan B approved. She feels they have complied with all the requirements. The above motion was carried 3-2 ~Stutzman, Monia opposed). D. Ordinance amending the City Code to limit the construction tax to buildings and structures which have a roof and require a building permit at a.rate of $.57 per square foot (first reading and introduction) City Manager Peacock stated, as instructed by the Council, the City Attorney has prepared an Ordinance which amends Article 5-20 of the City Code which relates to the construction tax. Mayor Kohler opened the public hearing at 10:45 p.m. Mayor Kohler closed the public hearing. MONIA/AMDERSON MOVED TO INTRODUCE THE ORDINANCE BY TITLE ONLY, WAIVING FURTHER READING. PASSED 5-0 City Council Minutes 9 November 6, 1991 6. C. Response to letter from Planning Commissioner Caldwell concerning pipe replacement on Frultvale Avenue and report on encroachment procedures from City Engineer City Manager Peacock reiterated comments from his memo to the City Council dated November 6, 1991. Councilmember Stutzman stated he was not directing the arborist to preform work regarding the trees on Fruitvale Avenue, but in fact informing the City of the situation. He presented photos to the Council, noting there are three trees involved as opposed to two. Dr. Stutzman stated he does not feel 'that staff communicate with the City Manager as they should. Councilmember Stutzman requested seeing the photos which were taken before the digging took place. (The City Manager presented the photos.) In response to Councilmember Clevenger~s question, Councilmember Stutzman stated the recommended action is appropriate. Councilmember Anderson stated that consultants should work with the City Manager, but if they are working with staff the City Manager should be informed of all business so he can 'interface and respond back to the Council. Councilmember Monia noted he had been given misinformation from Staff when inquiring about the digging around the trees. Mr. Perlin stated it was his understanding that the arborist had looked at the trees. Mr. Jeff Schwartz expressed concern about the procedure of staff~s actions regarding this issue. He stated Commissioner Caldwell acted promptly to save the trees. Mayor Kohler stated he is concerned about the procedure and the implementation of Ordinances. He feels the Councilmembers should have the right to call staff regarding concerns. Councilmember Clevenger stated the proper procedure is to deal through the City Manager as established by the League of Cities. She feels the Councilmembers should not direct staff directly. Mayor Kohler stated it is not always possible to address the City Manager and feels minor problems can be addressed to staff directly. Councilmember Monia stated the City Council and Planning Commission work closely with the Planning Director and should be able to address concerns to him when necessary. Policy Matters should be addressed through the City Manager. Mr. Peacock stated if citizens or the City Council do not get satisfactory answers from staff they should contact him. Planning Commissioner Caldwell stated she did not direct the arborist to write a report. She stated staff was contacted and given the opportunity to take action regarding the trees. She felt she was forced to write a letter to the City Council because she could not get any action from staff. Commissioner. Caldwell commended Mr. Perlin for developing policies and procedures. Councilmember Anderson stated the appropriate approach is to inform the City Manager of any problems and let him take the appropriate action. It is not appropriate for the City Council or City Commissioners to work with the consultants directly. Councilmember Monia thanked Mr. Perlin and Planning Commissioner Caldwell for their concerns and work regarding the policies and procedures presented. D. ordinance relating to Assuring Completion of Improvements in connection with Final Map Approvals for Land Subdivision. City Council Minutes 10 November 6, 1991 Mr. Peacock stated the revisions to the Ordinance, as requested by the Council, have been made. He noted the City Attorney discovered that the Sub-Division Map Act has been changed and the proposals made by Councilmember Monia cannot be applied to sub-divisions with four lots or lesS. He pointed out minor changes to the Ordinance made by the City Attorney as written in the revised Ordinance. Councilmember Monia made the following modification: Page 2 (b) (6) insert the word "for" before "...which the City Engineer..." Mr. John DiManto stated he did not receive copies of the revised ordinance and requested an interpretation of the Ordinance. City Engineer Perlin stated that the Ordinance requires all improvements be completed prior to final map approval, with the exceptions of improvements subject to the City Engineer's discretion which can be completed after final map approval. City Attorney Riback apologized to Mr. DiManto for not sending the revised copy of the Ordinance to him. Mr. DiManto suggested separating major on-site infrastructure from those off-site. He noted this is standard throughout the State. He stated in order to get financing for the projects the final map must be recorded and to make all improvements would be a financial burden. Mr. Riback stated the intent of the Ordinance has not changed since it was discussed with Mr. DiManto. Mr. Perlin stated the intent of the Ordinance is to cover maintenance related improvements. He stated the City cannot require a developer to install improvements and complete conditions prior to final map and post bonds and securities. He feels the City is better protected with the bonds and securities. Councilmember Monia stated the purpose of the change is to not overlook any improvements or conditions which have to be met. MONIA/ANDERSON MOVED TO INTRODUCE THE ORDINANCE BY TITLE ONLY, WAIVING FURTHER READING, AND TO APPROVE SECTION 14-10.125 OF THE ORDINANCE SUBJECT TO STAFF'S RECOMMENDATIONS WITH THE CHANGES MADE BY THE CITY ATTORNEY AND COUNCILMEMBER MONIA. PASSED 5-0. E. Discussion of Bay Vision 2020 and Santa Clara County Cities Association Position Paper Councilmember Anderson stated she will attend the November 21st meeting and'will be the voting member, if the Mayor will not be present. City Manager Peacock explained the position paper and the Santa Clara County Cities Association's position. Councilmember Anderson felt the City should participate in the discussion. Councilmember Clevenger stated she is concerned about the 54 member board and suggested coordinating the existing agencies. 7. NEW BUSINESS A. Grant Of $7,189.62-of city CDBG Funds to Emergency Housing consortiumFamily Living Center for Rehabilitation Project MONIA/ANDERSON MOVED TO ACCEPT STAFF'8 RECOMMENDATION TO AUTHORIZE THE GRANT. PASSED 5-0 B. Special Event Permit Request for June 28, 1992 - Blossom Festival city Manager Peacock stated the question is, do the Council want to endorse the idea of closing Big Basin for the festival. City Council Minutes 11 November 6, 1991 Councilmember Anderson stated that the businesses should stay open during the festival. City Manager Peacock stated he will look into this and talk to business owners in the area to receive such an assurance and then recalendar this item. C.' Memo Authorizing Publicity for Upcoming Hearings - GTE Mobilnet Appeal CLEVENGER/MONIA MOVED TO APPROVE STAFF RECOMMENDATION. PASSED 5-0 Councilmember Anderson expressed concern regarding noticing on this issue. She suggested putting notice in the San Jose Mercury News. It was a consensus of the Council to put a notice in the San Jose Mercury News. D. Consulting Services contract - Robert J. Sehr, Jr. - CATV System CLEVENGER/MONIA MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE CONTRACT ON BEHALF OF THE CITY. PASSED 5-0 9. CITY COUNCIL ITEMS Councilmember Anderson suggested discussing item B first. B. Term Limits for City Council Councilmember Monia stated he would like to discuss putting this issue on the ballot for a vote. He stated he would support two consecutive terms with an absent period allowed. He would like to direct the City Attorney to put together the appropriate paperwork to put this on the June Ballot. City Attorney Riback stated he would prefer the City Council to direct him to bring back an opinion as to what form of measure could be placed on the ballot. MONIA/STUTZMANMOVED TO DIRECT THE CITY ATTORNEY TO FORNA PROPOSAL AS TO WHAT KIND OF BALLOT MEASURE CAN BE PUT TOGETHER. Councilmember Anderson stated she is not in support of the ballot measure. She stated there is not a problem in the City and if a person is serving the City well and gets voted in for a third term they should be able to serve. She would vote no at this time. Councilmember Stutzman stated the ballot measure is a good idea. Councilmember Kohler stated he would vote for this measure. The above motion was carried. 3-2 (Clevenger, Anderson opposed) Councilmember Anderson left the meeting at 12:00 a.m. A. Expiring Terms on Commissions Councilmember Stutzman felt there is no need for this and the City should stay with the existing policy. STUTZMAN/MONIA MOVED TO RECEIVE AND FILE. PASSED 4-0 (Anderson absent) C. suggested agenda items for joint meeting with Planning commission November 12 caldwell - Presentation by Linda Schild-Jones on Riparian Protection - -once a River- Councilmember Stutzman suggested adding a discussion on air quality as it pertains to the Paul Masson site. D. Reports from Individual Councilmembers City Counoll Minutes 12 November 6, 1991 Councilmember Clevenger reported on the Clean Air Plan. 10. CLOSED SESSION on pending litigation on illegal grading, clearing and tree removal on Cocciardi/Chadwick development, Tr. 7770 and in case of California State University v. City of Chico 11. ADJOURNMENT The meeting was adjourned to a closed session at 12:10 a.m. Respectfully submitted, Catherine Robillard Minute Clerk