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HomeMy WebLinkAbout12-18-1991 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, December 18, 1991 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting 1. ROLL CALL Councilmembers Present: Clevenger, Monia, Stutzman, Mayor Kohler Councilmember Anderson arrived at 7:35 p.m. Staff Present: City Manager Peacock, City Attorney Riback, City Engineer Perlin, Interim Planning Director Eisner, Assoc. Planner Adar. 2. CEREMONIAL ITEMS - None. 3. ROUTINE MATTER8 A. Approval of Minutes - ~2~4; 12/10 CLEVENGER/STUTZMANMOVED TO APPROVE THE MINUTES OF 12/4, AS PRESENTED. PASSED 4-0 (Anderson Absent) CLEVENGER/STUTZMANMOVED TO APPROVE THE MINUTES OF 12/10, AS PRESENTED. PASSED 4-0 (Anderson Absent) B. Approval of Warrant List STUTZMAN/CLEVENGER MOVED TO APPROVE THE WARRANT LIST. PASSED 4-0 (Anderson Absent) C. Report of City Clerk on Posting of Agenda City Manager Peacock stated that pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on December 13. 4. CONSENT CALENDAR A. Planning Commission Actions, 12/11 - Noted and filed. B. Public Safety Commission Minutes, 12/9 - Noted and filed. C. Approval in concept of Special Event Permit for Los Oatos Rotary Club Great Race, 2/9/92, conditional with compliance of all requirements of Special Events Permit Ordinance D. Approval of CDBG County/city Contract for FY 1991-92 and authorization for City Manager to execute. E. City Financial Reports for November: 1) Treasurer's Report 2) Investment Report 3) Financial Report CLEVENGER/MONIA MOVED TO APPROVE THE CONSENT CALENDAR. PASSED 4-0 4. CONSENT CALENDAR II - CLAIMS. A. Subrogation Claim (Arango vs. City of Saratoga) in connection with Transit Assist vehicle accident CLEVENGER/MONIA MOVED TO REJECT THE CLAIM] PASSED 4-0 B. Claim of Rossell in connection with automobile damage caused by driving over contractor,s equipment. CLEVENGER/MONIA MOVED TO DENY THE CLAIM. PASSED 4-0. 5.COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS Mr. Bert Martel, 14420 Fruitvale Ave., reiterated comments from a letter to be submitted to the Councilmembers. He expressed concern Cit~ Council Minutes 2 December 18, 1991 about air quality. regarding the Odd Fellows site because of football traffic. B. WRITTEN COMMUNICATIONS 1) Penny Lave, Santa Clara County Cities Association, requesting action on regional governance issues. Councilmember Anderson suggested sending a letter to Senator Morgan reiterating the City's support of ABAG's solution, before proceeding with this legislation. She noted this will give the city the opportunity to speak their mind about this issue. Councilmember Anderson reported on a transportation meeting she attended. She noted revenue sharing was discussed and reiterated the discussion to the Council. Councilmember Clevenger concurred with Councilmember Anderson with respect to writing a letter to Senator Morgan and reiterate the City's concerns on the position paper from ABAG. STUTZMAN/ANDERSON MOVED TO ADOPT STAFFtS RECOMMENDATIONS TO REVIEW THE CITYtS POSITION, COMMUNICATE IT TO SENATOR REBECCA MORGAN, AND CONTACT OTHER MEMBERS OF THE COUNTY LEGISLATIVE DELEGATION. PASSED 5-0 City Manager Peacock stated he had talked to Senator Morgan's staff regarding the revenue sharing issue. He stated the Bill has now'been redrafted and will be sent out to the Cities and Counties in the Bay Area Region after the first of the year. Councilmember Anderson stated the Cities are waiting on the ABAG solution and are not prepared to support it at this time. Councilmember Monia stated he attended a meeting with Senator Morgan and many people were not in favor of her program. He stated he has skepticism about participating in this program. City Manager Peacock stated he will respond to Senator Morgan and reiterate Councilmember Anderson's comments. 2) William Brooks, 101 Park Center Plaza, San Jose, concerning Proposed County Trail Policy. City Manager Peacock stated it is his recommendation that the Council direct him to attend the January 28, 1992, Board of Supervisors hearing to support the City's position on County Trail Policy outlined in his letter of 12/3/91 and ask other cities to support the policies drafted by the County Parks Commission. Mayor Kohler noted he has had many calls from people concerned about this issue. Councilmember Stutzman commended Mr. Brooks for writing the letter and bringing it to the Council's attention. He noted he would like to attend the meeting and encouraged other cities to attend. It was a consensus to direct the City Manager to attend the January 28, 1992, Board of Supervisors meeting. 3) Memo from Heritage Preservation Commission requesting direction to proceed with Incentive Program for Preservation of Historic. Homes city Manager Peacock stated it is his recommendation that the City Council authorize the commission to proceed to develop the program as outlined and report back to the City Council in six months. There was consensus to do so. In response to Councilmember Monia's question, regarding the building of walls on Saratoga Ave., Mr. Peacock stated .that once Saratoga Ave. was designated, the Commission wanted to ensure that future walls being built will be consistent. He stated the particular wall Councilmember Monia is addressing was approved before the designation, but he will look into this concern and report back to the Council. City Council Minutes 3 December 18, 1991 Councilmember Anderson stated there is a policy relating to 8 ft. walls on main arteries. She feels this issue should be opened up to a public hearing. Councilmember Clevenger stated it was her understanding that the walls were part of the reason for the Heritage Lane designation. She felt it was very important to have the proposed incentives and to let the Commission know that the Council supported the idea. Mayor Kohler and Councilmember Stutzman also expressed strong support for the Commission on this project~ 6. OLD BUSINESS A. Ordinance amending 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 (first reading and introduction). 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) (ZC91-001) City Manager Peacock stated it is his recommendation that the Council approve the Negative Declaration; introduce ordinance by title only, waiving further reading. Mr. Peacock also noted the written communications he received from the following persons: Ms. Elizabeth Replogle, President, SASCC; Mr. Mike Speckman; Mr. Len Feldheym Mr. D. Richiuso, 19303 Chablis Ct., stated that this issue has been discussed for many months. He stated that all Councilmembers are in favor oE a senior care facility. He stated there is considerable amount of support for such a facility. He feels this is the best chance to have the facility. He stated this site will have the least impact on the City. He urged the Council to consider the three stories and approve this project. Councilmember Stutzman stated the issue is, to change the Ordinance to allow three stories as opposed to two. He stated this site is not appropriate for senior housing and is not in favor of increasing the density. He stated concerns relative to carbon monoxide have not been addressed adequately. He noted he is in favor of senior housing, but feels there are other places which are not such a health risk to seniors. Councilmember Stutzman reiterated comments from studies which have been done regarding carbon monoxide. He feels this site is too dangerous and noted the care facility is closest to the freeway and there is no data to say that the carbon monoxide is not dangerous. He stated there is also an issue of noise. Councilmember Stutzman stated although there is a need for senior housing, from a medical point of view, people should not be placed at risk by living at this site. In response to Councilmember Anderson's question, Councilmember Stutzman stated if this is the only site available, people should be informed of the risks before moving into this facility. Councilmember Anderson stated that the. Odd Fellows site is more appropriate, but was turned down. Councilmember Stutzman stated he agrees that the Odd Fellows site is more appropriate, but the neighbors did not want it. He feels there are other places more desirable for a senior facility other than the Paul Masson site. Councilmember Monia reiterated comments from the minutes of the June 5th meeting regarding this issue. He noted the vast majority of people want a senior care facility, although most have no preference as to which site. He expressed concern that if this facility does not go through at the Paul Masson site, the opportunity may not become available again. He noted there will be problems no matter where the City Council Minutes 4 December 18# 1991 facility is placed. He feels the Council need to move ahead with this issue. In response to Councilmember Anderson~s question,lCouncilmember Monia stated the developer requested a three story structure and he assumed it was~to increase density as well as height. Mayor Kohler stated that after looking at the plan for 3-story, the units are still large. He noted he is willing to go with higher density, but expressed concern about the height of the structure. He still feels that this site is the only site available for such a facility. Councilmember Monia stated without the zoning change it is difficult for the developer to present another site plan with 3-stories. He stated if the Council would indicate that they would allow increased height, the developer could work on a site plan. Councilmember Anderson discussed the site plan presented. She stated there will be exposure to the public of the 3-story structure. Councilmember Anderson discussed Park View Village in Los Altos and suggested the developer look into this as it is a 2-story structure. Councilmember Monia noted there is no hospital building in Park View and this is the issue on this site. Mayor Kohler requested that the developer research 2-story structures further. Councilmember Clevenger stated that a senior care facility is needed in Saratoga. She stated she is prepared to vote for a 3-story structure and feels this is the only way to have a such a facility in the community. In response to Councilmember Monia~s question, Mr. 0liver stated it would be more difficult, but is possible to have.3-stories within 40- 41 ft. in height. Councilmember Anderson reiterated comments from the letter from SASCC dated December 17, 1991, and feels there is not a strong support to change the General Plan. Councilmember Clevenger feels the letter indicated that SASCC want a senior care facility wherever possible. MONIA/CLEVENGER MOVED TO CHANGE THE MAXIMUM HEIGHT TO 40 FT.' Ms. Joan [once, 18644 Bucknall Rd., stated she appreciates the amount of.time and effort the Council has put into this project. She feels the people want senior housing, but it was never discussed that there would be a full care facility on the Paul Masson site. She stated she is opposed to a 3-story structure. The above motion failed 2-3 (Kohler, Anderson, Stutzman opposed). Councilmember Stutzman stated if this facility is built, it should be mandatory to have laboratory tests done on patients as to carbon monoxide levels when first entering the facility and also at the time of death. He feels this would be a worth while research. Councilmember Anderson suggested the nursing facility be placed at the odd Fellows site with a contract with the senior housing at the Paul Masson site. Councilmember Monia feels the council was clear at the June 5th meeting that a senior care facility would be built at the Paul Masson site. He feels the seniors and youths of the community are not being dealt with fairly. He stated a 3-story structure is the only way to have a senior care facility in the community. Councilmember Anderson stated she has been opposed to the Paul Masson site since the option for the Add Fellows site appeared to be acceptable, but now the neighbors are coming forward in opposition. city council Minutes 5 December 18, 1991 MONIA/CLEVENGER MOVED TO INTRODUCE THE ORDINANCE WITH THE RECOMMENDATIONS OF STAFF. FAILED 2-3 (Stutzman, Anderson, Kohler opposed) Mr. Oliver stated he needs direction from the Council. He noted he has been working for 4 years to find an operator for this site. He stated he was directed by Council to work with a three story structure and has complied with all the directions and recommendations. He requested that this issue and directions be given to him in a study session. Mayor Kohler proceeded to the public hearings at this time. 8. PUBLIC HEARINGS - 8:30 p.m. A. 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)(cont'd from 12/4) Interim Planning Director Eisner presented the staff report dated October 31, 1991. He showed the location of the property on the site plan. He stated there are concerns regarding the tree on the site as well as some design issues. Mr. Eisner reiterated the reasons for denial from the Planning Commission. He stated the lot in question is on higher ground than the other lots in the neighborhood, therefore the view shed will be impacted with a one or two story home. He stated the issue is whether to allow a one or two story home. In response to Mayor Kohler's question, Mr. Eisner stated there is a report from the City Arborist in the staff report, but there are no guarantees that the blue oak tree will live forever. In response to Councilmember Anderson's question regarding cascading the house downhill, Mr. Eisner stated there would have to be adjust- ments to the footprint, but it would be possible to meet the criteria. The public hearing was opened at 9:05 p.m. Ms. Virginia Fanelli, representing the owners of the property, presented background information on the lot in this area. She noted this is the last lot in this subdivision to be developed. She presented a site plan of the lot pointing out the developable and non- developable areas. She noted the same guidelines are used for this lot as was used for previous homes in the area. The owner will work with the arborist to preserve the tree. Ms. Fanelli discussed photos of the elevations of the house proposed, as presented in the staff report. A landscape plan was also presented to the Council. Ms. Fanelli feels this project is appropriate and has the least impact on the neighborhood. Mr. Mark Robinson, 1068 Alderbrook Ave., stated he was the architect for another home in the area and is currently working on a house in the area. He discussed the visual impact of this proposal and presented elevation diagrams comparing a neighbor's home to the proposed. He expressed concern regarding the preservation of the tree. He explained other schemes that were developed'for this lot when first subdivided. Mr. David Hancock, 20410 Montalvo Oaks' Pi., stated the area needs to be protected. He expressed concern about the proposal and the height. He presented photos to the Council, showing the impact the proposal will have on his family. He feels the home proposed does not fit into the profile of homes in Saratoga. Mayor Kohler stated that there will be an impact on Mr. Hancock no matter if it is a one story or two story home. Mr. Hancock stated his concern is not as much with the view as it is with the area being overwhelmed with the proposed home. Mr. Rivoir, 20411 Hill Ave., expressed concern regarding the safety issue. He stated it is important to have a turnaround at the end of the road. He stated he is also concerned regarding the distance from the tree to the proposed development of a garage. He noted it is City Council Minutes 6 December 18, 1991 important to have the drip line come down the old property line. Mr Duane Sand, 14910 Vickery Ln., stated he was concerned about the placement of the house with regards to the tree, but with the changes, he feels the tree will be preserved. He stated any alternative to this design'will impact his view. He feels this design allows the tree to be visible from the valley. Ms. Fanelli noted the height of the garage is 23 ft. above natural grade. She stated the turnaround was addressed as suggested by Mr. Rivoir. She feels this design pleases most of the neighbors and will. preserve the tree. Preserving the tree was discussed by the Council. In response Ms. Fanelli stated they have addressed all the arborist's recommendations and concerns. She stated no trimming is necessary. In response to Councilmember Clevenger's question, Ms. Fanelli stated the stone wall came.down when the drain system was put in, but Mrs. Hallengren is considering replacing this wall. Mayor Kohler closed the public hearing at 9:55 p.m. Mr. Eisner stated that the turnaround is adequate. Councilmember Monia expressed concern regarding the tree, he suggested moving the house slightly to the northwest so that none of the house will be under the tree canopy. Ms. Fanelli stated there is problems with the garage if the house is moved back. Mr. Michael Lane stated he has met with the arborist and spent time adjusting the placement of the house to make absolutely sure that the tree will be preserved. No trimming is necessary to build the home. Councilmember Clevenger stated the two stories in front would be very overwhelming. She suggested one story in the front and two in the back. Councilmember Stutzman stated it is a beautiful house, but in the wrong location. He noted this is one of the most prominent sites in Saratoga. He expressed concern regarding the oak tree and there should be a stipulation placed in the conditions to preserve the tree, if damaged there should be penalties to pay. Councilmember Anderson stated, although the applicant has the right to the same size of house as his neighbors, it will impact the residents on.Vickery if it cascades down the hill. It is also an impact on the residents of Montalvo to have 2 stories in front. Councilmember Monia stated this is a small lot. He feels if the house is one story it will be too long and the other alternative is to cascade down the hill. He stated he likes the design of the house, but it should be lower. He noted he would support the proposal and overturn the Planning Commission's decision. He stated the City needs assurances that the tree will be preserved and he requested that monthly inspections be made regarding the preservation of the tree. Mayor Kohler stated he liked the two story design of the house. He feels the overall size of the house is too big for the lot. He would still be in favor of a two story home, but smaller and feels it will also enhance the value of the property. Councilmember Anderson stated she is in favor of approving a two story home, as she feels it is unfair to request a smaller home, when other homes in the area are bigger. ANDERSON/MONIA MOVED TO OVERTURNTHE PLANNING COMMISSION'S DECISIONAND APPROVE THE DESIGN REVIEW TO CONSTRUCT A NEW 4,123 S.F. TWO-STORY RESIDENCE. Councilmember Monia feels the two-story house cannot be cut down any further and if there was any reduction it would not be significant. City Council Minutes 7 December 18, 1991 MONIA/ANDERSON MOVED TO MAKE THE FOLLOWING AMENDMENTS: NO AS BUILT CHANGES ON THE SITE; ANY CHANGES TO BE REVIEWED BY THE PLANNING COMMISSION; DAILY INSPECTIONS BY STAFF WHEN GRADING AND FOUNDATION CONSTRUCTION TAKE PLACE; A TREE PRESERVATION SECURITY TO GUARANTEE PRESERVATION OF TREE DURING CONSTRUCTION, BE ADDED AS CONDITIONS. PASSED 5-0 The above motion was carried 3-2 (Clevenger, Stutzman opposed) Mayor Kohler returned to items preceding public hearings on the agenda. 7. NEW BUSINESS A. Resolution declaring Existence of Nuisance Conditions at 12901 Pierce Road and setting public hearing for Jan. 15 City Manager Peacock stated it is staff's recommendation to adopt the resolution. He presented photos to the Council of the site and also photos submitted by Catherine Bullock. Ms. Catherine Bullock, 12901 Pierce Road, reiterated comments from a letter her husband wrote. He feels his private property rights are not protected. He requires additional time to clear his property as he is doing his best at this time to rid of the vehicles. She stated they hope to clear the vehicles by March or April. Councilmember Monia stated there is full corporation from the Bullock's and the time should be given with staff making regular inspections. Councilmember Anderson stated that the fire hazardous material should be taken care of as soon as possible, and if necessary put a time limit for this to be cleaned up. Mayor Kohler stated that staff will work with the Bullock's and give him three months to clear his property. Councilmember Anderson stated that there needs to be a definition between collector's items and junk. MONIA/ANDERSON MOVED TO CONTINUE THIS ITEM TO THE MEETING OF APRIL 1, 1992. PASSED 5-0. B. Cooperative Agreement with Traffic Authority for Soundwall Construction, Prospect to San Tomas Aquino Creek city Manager Peacock noted staff recommended the Council approve the agreement; direct City Manager to execute agreement on behalf of City. City Engineer Perlin outlined the changes in the agreement as presented in the staff report. The City will be credited $4,000 if the overlap of Soundwall B34A with Soundwall B34 is reduced to 12 ft. in height. MONIA/ANDERSON MOVED TO APPROVE THE COOPERATIVE AGREEMENT WITH THE TRAFFIC AUTHORITY FOR SOUNDWALL CONSTRUCTION, PROSPECT TO SAN TOMAS AQUINO CREEK. PASSED 5-0. C. -Issues to be decided for June 1992 Election City Manager Peacock stated it is staff~s recommendation that the Council approve staff recommendation for 400-word candidate statement and requirement for advance payment for statement. STUTZMAN/ANDERSON MOVED TO AUTHORIZE 400-WORD CANDIDATE STATEMENT AND ADVANCE PAYMENT. PASSED 5-0. D. Memo Authorizing Publicity for Upcoming Hearings - Performing Arts Grants; Pavement Management; Bullock Nuisance Abatement; Skateboard Park City Manager Peacock noted the neighbors will be notified of the meetings. The skateboard park was discussed. CLEVENGER/ANDERSON MOVED TO AUTHORIZE RECOMMENDED PUBLICITY FOR City council Minutes 8 December 18, 1991 UPCOMING HEARINGS. PASSED 5-0. Councilmember Monia suggested informing the residents of the City of street improvements being made within the City and that the services may be offered to them for repavement for private driveways. Mr. Peacock stated this is a common occurrence, .although the City cannot recommend the contractor. Staff will arrange such a notice with the next slurry seal project in 1992. 9. CITY COUNCIL ITEMS A. Term Limits City Manager Peacock stated it is staff's recommendation that the Council direct the City Attorney to prepare a resolution calling a special election for an advisory ballot measure for adoption at the City Council meeting of February 5, 1992, for voting on June 2, 1992, following a public hearing. City Attorney Riback reiterated comments from his memo dated November 18, 1991. COuncilmember Monia spoke in support of an advisory vote. He stated the advisory vote would clearly state the preference of the Community. Councilmember Anderson stated this issue should be tabled until Senator Kopp's legislation permitting general law cities to limit terms is passed or denied. Councilmember Clevenger concurred ~ith Councilmember Anderson. Mayor Kohler spoke in support of the advisory vote. He noted he does not want to depend on the State to do something. He stated a two term limit is good, but would also like to see how the citizens feel. MONIA/STUTZMAN MOVED TO DIRECT THE CITY ATTORNEY TO PREPARE THE DOCUMENTATION FOR AN ADVISORY VOTE. PASSED 3-2 (Clevenger, Anderson opposed) B. . Reports from Individual Councilmembers Councilmember Monia noted he will not be available on January 15th and requested that the Planning Commission interviews be moved to February. City Manager Peacock stated the terms expire on January 31, 1992, and the Council should make a decision to continue the terms of office. City Manager Peacock suggested inviting Mr. Oliver to the adjourned regular meeting of January 7, 1992. A closed session to discuss personnel matters and the Planning Commissioner interviews could be held on the same date. The Counci% concurred with these suggestions. Mayor Kohler presented a drawing from school .children regarding cleaning up the city. Councilmember Anderson reported On the Transportation 2010 Meeting. She asked the Council what rail corridor would be preferred for Saratoga. Councilmember Clevenger suggested .Lawrence Expressway. There was a consehsus of the Council that Councilmember Anderson write a letter to the Transportation Commission. 10. ADJOURNMENT The meeting was adjourned at 11:30 p.m. to January 7, 1992, at 6:30 p.m. in the Community Center. Respectfully submitted, Catherine Robillard Minutes Clerk