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HomeMy WebLinkAbout12-04-1991 City Council Minutes MINUTE8 SARATOGA CITY COUNCIL TIME: Wednesday, December 4, 1991 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting 1. ROLL CALL Councilmembers Present: Anderson, Clevenger, Mayor Kohler councilmembers Absent: Monia, Stutzman Staff Present: City Manager Peacock, City Attorney Riback, City Engineer Perlin, Interim Planning Director Eisner, Associate Planner Adar. 2. CEREMONIAL ITEMS - None 3. ROUTINE MATTERS A. Approval of Minutes - 11/20~ 11/26 Mayor Kohler corrected the minutes of 11/20 as follows: Page 7, he stated, although the health hazard is a concern, his main concern is the aesthetic impact, in reference to GTE Mobilnet. Councilmember Clevenger corrected the minutes of 11/20 as follows:'Page 8, Motion to adopt Resolution 91-72, the vote is 3-2 (Stutzman, Monia opposed) CLEVENGER/ANDERSON MOVED TO APPROVE THE MINUTES OF 11/20 AS CORRECTED. PASSED 3-0 (Monia, Stutzman absent). CLEVENGER/ANDERSON MOVED TO APPROVE THE MINUTES OF 11/26 AS PRESENTED. PASSED 3-0 (Monla, Stutzman absent). B. Approval of Warrant List ANDERSON/CLEVENGER MOVED APPROVAL OF THE WARRANT LIST. PASSED 3-0 (Monia, Stutzman absent). 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 27. 4. CONSENT CALENDAR A. Planning Commission Actions, 11/27 - None; meeting canceled. B. Youth commission Minutes, 10/14 - Noted and filed. C. Public Safety Commission Minutes, 11/18 - Noted and filed. D. Authorization of Special Event Permit for 8K/3K Run on May 3, 1992, when all conditions of permit have been met E. . Reclasslficatlon of Assistant Engineer Position F. Approval of Revised Work Plan and Confirmation of Saratoga,s Commitment to CDBG Funding of Food Bank Construction Project G. Fourth Street Sidewalk - Capital Project No. 958: Notice of Completion and Budget Adjustment Resolution Budget Adjustment Resolution - Extension South Bay Cable Franchise - Retaining consultant I. Resolution upholding Planning commission Decision on GTE Mobilnet Appeal heard 11/20 CLEVENGER/ANDERSON MOVED APPROVAL OF THE CONSENT CALENDAR. PASSED 3- City Council Minutes 2 Deoex~ber 4, 1991 0 (Monia, Stutzman absent) 5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS - None B. WRITTEN COMMUNICATIONS 1) Aaron L. Katz, P.O. Box 116, regarding cable television franchise extension negotiations. City Manager Peacock stated the letter should be referred to the consultant for consideration. CLEVENGER/ANDERSON MOVED TO REFER LETTER TO CONSULTANT TO CONSIDER. PASSED 3-0 (Monia, Stutzman absent). 6. OLD BUSINESS A. Negative Declaration Amendment to County Solid Waste Management Plan regarding revision to the Guadalupe Landfill operating permit - Shredded Auto Waste Disposal City Manager Peacock stated staff has prepared a report outlining staff~s concerns. He noted a concern is that the operating permit issued by the City of San Jose will result in the capacity of the Guadalupe Land Fill being filled by the year 2003. The City requested a meeting with Supervisor McKenna, but have been unable to do so at this time. He noted the City has received a letter from Guadalupe and they are assuring the City that they will honor the contract. He noted staff is also concerned about the level of operation Guadalupe are working at now and the lack of space which will be available. He noted he is disturbed that the plan is being amended after the fact and this should be pointed out to the Board of Supervisors. Councilmember Anderson requested obtaining documentation from Guadalupe guaranteeing that the City~s trash will be placed elsewhere if the land fill becomes full, at no extra charge to the City. She feels some kind of assurance is needed. Mr. Lord, Guadalupe, stated the existing contract states that they will provide the capacity, but does not say where. He noted as stated in the letter, they will have capacity until the year 2003 and will have the capacity to extend the contract after this. He stated the extra weight the City Manager is concerned about is a small amount and will have little impact on the overall weight. Mr. Peacock noted the draft letter prepared by staff should be modified. It was a consensus of the council to write a 2nd letter pointing out that the plans came after the fact. 7. NEW BUSINESS A. Revision to Development Standards, Cellular Telephone Communications Facilities City Manager Peacock reiterated comments from his memo to the City Council. He recommended that the Planning Staff and Planning Commission be instructed to revise the regulations of cellular telephone facilities. CLEVENGER/ANDERSON MOVED TO INSTRUCT THE PLANNING COMMISSION TO CONDUCT HEARINGS ON THE CHANGES RECOMMENDED BY THE CITY MANAGER. PASSED 3-0 (Monia, Stutzman absent). B. Proposed Council Meeting Calendar for 1992 City Manager Peacock stated they have also planned meetings with Saratoga High School District and the Junior College. Councilmember Anderson suggested having the joint meeting with Saratoga School District before April 21, 1991, as there is a need to discuss City Council Minutes 3 December 4, 1991 parcel tax. City Manager Peacock stated he will make the appropriate changes. CLEVENGER/ANDERSON MOVED TO APPROVE THE CALENDAR WITH THE CH~LNGES SUGGESTED BY COUNCILMEMBER ANDERSON. PASSED 3-0 (Monia, Stutzman absent). C. Request for Proposal - computer Network System Administrator City Manager Peacock stated staff has been working on a proposal for consulting services to manage the City's Computer Network. An RFP has been prepared and reviewed by the City's auditor and also by the City's volunteer computer experts. CLEVENGER/ANDERSON MOVED TO APPROVE RFP. PASSED 3-0 (Monia, Stutzman absent). Since the hour for Public Hearings had not arrived, Mayor Kohler proceeded to City Council Items. 9. CITY COUNCIL ITEMS A. Term Limits Mayor Kohler stated as this item was requested by Councilmember Monia, he proposed that this be continued to the next meeting when Councilmember Monia will be present. Councilmember Anderson feels it is untimely for the City to put an advisory measure on the ballot at this time, as Senator Kopp is preparing legislation which allows mandatory term limits for Cities. She suggested this be tabled until Senator Kopp's legislation is finalized. Mayor Kohler stated he would prefer to continue this to the next meeting. B. Agenda items for joint meeting with Saratoga Area senior Coordinating Council, 12/10 Councilmember Clevenger stated she would prefer spending more time talking about what the seniors perceive in the City and their concerns and issues. Mayor Kohler concurred with Councilmember Clevenger and questioned if items can be discussed without being placed on the agenda. C. Reports from Individual councilmembers Councilmember Anderson reported on the ABAG meeting and commented on the report presented to the Councilmembers. She noted the vast majority of Cities felt that the regional governance process should be slowed down. She stated most of the County Agencies were in favor of going ahead and forming a Regional Government. She noted Governor Wilson does not want to see more governmental agencies formed. She stated ABAG will be the focus of discussion in the future and the City should participate. City Manager Peacock noted that the next.General Assembly meeting is e) March 11, 1992. Councilmember Clevenger reported on two Sanitation Projects which have been completed in Saratoga and working properly. She also reported that the creek along Montpere has severely eroded and suggested that the City call Flood Control to discuss this matter. She stated neighbors are reporting that this creek has become 10 ft. deeper in the last 25 years. Councilmember Clevenger stated the City of Saratoga is working on getting rid of the septic system. City Council Minutes 4 December 4, 1991 In response to Councilmember Anderson's question, Mr. Peacock stated that Mr. Chew has cleaned up his property. At 8:30 p.m. Mayor Kohler returned to Public Hearings. 8. PUBLIC HEARINGS A. Appeal of denlal of design review approval to construct a new 4,123 sq. ft. two-stoz7 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)(continued from 11/20) The City Manager noted that the applicant had requested and paid for a continuance. ANDERSON/CLEVENGER MOVED TO CONTINUE ITEM 8A TO DECEMBER 18, 1991. PASSED 3-0 (Monia, Stutzman absent). B. Request for amendment to Zoning ordinance to allow a 45- foot, three-story maximum height limit rather than the current 30-foot, two-story limit in the MU-PD zone district. The amendment is requested to allow modification to previously approved site development plans for senior housing on a portion of the former Paul Masson site. (Dividend Development Corp., owner; Chapman & Wilson, Applicant) (2C91-001) City Manager Peacock noted the written conununications received: A.L. Bliss, Mrs Marcia Fariss, A.J. Beverett, Bob and Kay Brackbill. City Attorney Riback stated that three affirmative votes are needed to pass the Ordinance. If this cannot be obtained, the Council should direct staff to bring back an Ordinance for the purpose of voting on with a full Quorum. He suggested that the public hearing be closed after this hearing. Interim Planning Director Eisner stated that the language in the General Plan, as a matter of policy, does set a 2-story limit within the City of Saratoga. He noted if the Council decide in favor of this issue, he suggested the General Plan Amendment be heard by the Planning Commission, so that the Ordinance will be consistent with the General Plan. He stated the matter before the Council at this hearing is just the issue of 3 story as opposed to 2 story. He noted the plans will go back to the Planning Commission for review. Associate Planner Adar presented the staff report. In response to CouncilmenLber Anderson's question she stated the plan proposed is just a conceptual plan to show the general concept of the modification. Councilmember Anderson felt it is important to know where the 3-story structure will be located. Ms. Adar explained the 2-story and 3-story structures on the conceptual plan. She stated the original height will be reduced to 41 ft. She went on to review the findings made by the Planning Commission. She explained that buildings in Saratoga which are 3-story were built before the Ordinance was passed. In response to Councilmember Clevenger's question, Mr. Peacock stated the height of the existing building on the Paul Masson site is 30 ft. Councilmember Anderson stated it was her understanding that the reason for a 3-story is because the developer cannot find an operator willing to operate a 2-story. Ms. Adar Stated after the Planning Commission's decision, the operator is observing the process and may decide to operate. Councilmember Anderson suggested a 2-story project with smaller units for economic reasons. City Attorney Riback reminded the Council that the issue at this City Council Minutes 5 December 4, 1991 hearing is only 3-storX. Councilmember Anderson stated it is difficult to discuss only the 3- story issue without d'iscussing economics. Mr. EiSner stated the overall density of the project is still limited, no matter what the height is. Mayor Kohler opened the public hearing at 8:44 p.m. Mr. Dick Oliver, Dividend Development Co., reiterated the background of this project. He stated studies were done and it was determined that this site was the most suitable for this project. He stated a motion was made at the June 5th City Council meeting directing the Planning Commission to consider the Paul Masson site with a 3-story structure. He noted there was reference made to increased density and an increase in height. He noted this was presented to the Planning Commission at a study session. He stated an operator had been contacted and a plan drawn up. After much discussion and changes being made, the operator pulled out as the City was not clear as to what they wanted. He stated there is not a carbon monoxide problem on this site, height is not an issue as the visibility will be very limited. He feels a 3-story can be mitigated with trees.and without impacting the neighbors. He noted there is underground parking. Mr. Oliver stated the other reason for a 3-story structure,' the Planning Commission directed the developer to do a survey, the result of the survey was that the units are more appropriate to be closer together. Councilmember Anderson noted she had visited a Senior Care [acility and their only complaint was that the buildings were too far apart. Mr. Ray Pasantino, 13100 Saratoga Ave., stated he was not informed of the June meeting. He expressed concern regarding the 3-story structure. He feels this is unfair to those people who have been turned down when requesting an increased height. He stated no exceptions should be made for this project and a 3-story structure will be visible. Mr. Ed Bensen, Westover Dr., urged the Council to deny this appeal. He stated he is opposed to the high density and objects to the height. Mr. Mike Specman urged the Council to deny this appeal. He also noted he was not aware of the June meeting. He expressed concern regarding the height and visual impact. Mr. Specman made reference to the 2 cellular telephone poles which were denied because of height. He feels the 3-story structure will be seen. He is opposed to a 3-story structure in this part of the City. Mr. H.J. Lukjay, 18768 Martha Ave., stated he has lkved in Saratoga since 1951 and many Ordinances have been broken. He stated once an' Ordinance is adopted it should be adhered to. He expressed concern regarding the changes in Saratoga and asked the Council to deny. the 3- story proposal. Mr. Matt Robinson, 14020 Shadow Oaks Wy., opposed the 3-story building in the community. He stated the freeway and industry is already too much within the City. Mr. Bob Brackbill stated that elderly people enjoy walking and the buildings do not need to be close together. He is opposed to a 3- story structure and the continued urbanization of the City. He feels this site is not acceptable for a Senior Care [acility. Mr. Andrew Beverett, Senior Coordinating Council, noted the Senior Council has not taken a stand as to the height. He stated there is a strong need for a senior retirement facility in Saratoga. Mr. Beverett reiterated comments and concerns from his letter dated Nov. 26, 1991. He stated he does not feel the matter of air quality has been settled. Mr. Bud Card, Chateau Dr., stated he is a Chemical Engineer and has attended many meetings regarding carbon monoxide. He feels there is City Council Minutes 6 December 4, 1991 not a serious concern with carbon monoxide at the Paul Masson site and if there is it can be corrected. He stated there are many groups who urge the development of a Senior Care Facility. He noted this site would require extra height in order to provide such a facility and the care facility is needed in Saratoga. Ms. Carol Machol, Ronnie Way, stated the site for a senior care facility has been in debate for a number of years. She reiterated the Planning Commission~s stand on land-use and housing. She stated the Paul Masson site should be developed as intended and the 3-story allowed if that is what is required. Ms. Joan [once expressed concern regarding development in the area. She stated that the neighborhood is mostly one story with the exception of a few 2 story, but noted no-one every envisioned a 3 story. She stated she would like to see the senior care facility, but restricted to 2 story. She feels the entrance into the City of Saratoga will be impacted if a 3-story structure is allowed. Mr. A. Bliss, Saratoga Parkwood Homeowners Association, questioned if the Council received his written communication. Mr. Dennis Favero, Vineyard Lane, presented a slide presentation to the Council. He stated he is in opposition of the amendment and feels it favors the developer. Mr. Favero noted there are many reasons not to allow 3-story structures within the City. He feels there.are Other sites more suitable for this facility that have not been explored. He noted the seniors view of the site. He reiterated the complaints from the neighborhood. He stated the Planning Commission voted 3-1 against this project. Mr. Favero noted the developer has difficulty in obtaining an operator and explained the reasons why. He urged the City Council to work with the citizens to find a reasonable solution to this issue. Mr. A. Beverett stated this hearing is to discuss the building height only and is not prepared to talk about other issues of concern. He hopes to get the opportunity to speak at another time. Mayor Kohler asked Mr. Beverett what the sen~ors thought about a 3- story structure. Mr. Beverett stated the seniors have not had an opportunity to make an economic analysis on the addition of a 3rd story. He stated he would like to see a senior care facility and no matter where it is proposed in Saratoga there will always be opposition. Mr. Oliver stated that the comments made by Mr. Favero about him were inappropriate. He stated he made it clear from the beginning that Dividend Development has never developed a senior care facility. He noted the plan before the Council was prepared by people who specialize in such facilities. He noted he has worked with the Planning Commission and Mr. Beverett regarding this project. Ms. Joan Fonce requested this hearing be continued because of lack of full quorum. She noted there was a meeting of the Executive Board of the E1 Quito Park Homeowners Association who felt the majority of homeowners were opposed, but the h0meowners themselves had not come out and said so. She also stated that a 2-story structure would be much safer than a 3-story in times of emergency. Mr. Dave Kramer, 13103 Montrose, spoke against the 3-story structure. Mr. Ken Miles urged the Council to vote against the 3-story structures. Mayor Kohler stated he feels they have received adequate input and people will have another chance to speak at the ordinance stage. Mayor Kohler closed the public hearing at 9:50 p.m. Mayor Kohler stated there are many neighbors against this project. He feels Councilmembers Monia and Stutzman should look at this information and suggested this be continued with the ordinance and vote on it at that time. City Council Minutes 7 December 4, 1991 councilmember Anderson stated that Mr. Favero's comments regarding the developer were inappropriate. There was a consensus by the Council to have an ordinance prepared to be discussed at the December 18, 1991, meeting. Councilmember Clevenger noted the issue of politics was raised in the public comment. She noted she endorsed the senior care facility at the Paul Masson site when running for office. She does feel the Odd Fellows site is more appropriate, but was voted down. She noted all the sites proposed had opposition and the reason she agreed to this site was because there was no opposition for the first three years. She feels a senior care facility is a compelling reason to make a zoning change. She stated the developer has cooperated with the city and would go with the Paul Masson site with 3-story limit as a senior care facility is needed. C. Weed Abatement Hearing Mayor Kohler opened the public hearing at 9:58 p.m. No one appeared to speak, and he closed the public hearing at 9:59 p.m. ANDERSON/CLEVENGER MOVED TO ADOPT THE RESOLUTION ORDERING ABATEMENT OF WEEDS. PASSED 3-0 (Monia, Stutzman absent). 10. ADJOURNMENT The meeting was adjourned at 10:00 p.m. to 7:30 p.m. on December 10 at Senior Day Care Center, 19655 Allendale Avenue. Respectfully submitted, Catherine Robillard Minutes Clerk