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HomeMy WebLinkAbout02-05-1992 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, [ebruary 5, 1992 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting 1. ROLL CALL Councilmembers Present: Clevenger, Monia, Stutzman, Mayor Kohler, Anderson (arrived 7:35 pm) Staff Present: City Engineer Perlin, City Attorney Riback, Assistant to City Manager King, Interim Planning Director Eisner, Finance Director Shriver. 2. CEREMONIAL ITEMS A. Presentation of letters of appreciation to members of Tract 7770 Task Force Mayor Kohler presented letters to Mr. Don Macrae and Dr. Jeff Schwartz, thanking them for all their work on the Investigative Committee. Mr. Macrae noted this was a long hard job and he appreciates the recommendation in the letter. He noted there should be action to prevent the devastation of hillside and penalties to pay'if trees are knocked down. 3. ROUTINE MATTERS A. Approval of Minutes - 1/15; 1/21; 1/29 Councilmember Monia made the following corrections to the minutes of 1/15: Page 3, "San Jose Mercury News" should be "Saratoga News"; Page 10, should reflect the motion and vote in item 8B. CLEVENGER/ANDERSON MOVED TO APPROVE THE MINUTES OF 1/15, AS CORRECTED. PASSED 5-0. CLEVENGER/ANDERSON MOVED TO APPROVE THE MINUTES OF 1/21, AS PRESENTED. PASSED 5-0. CLEVENGER/ANDERSON MOVED TO APPROVE THE MINUTES OF 1/29, AS PRESENTED. PASSED 5-0. B. Approval of Warrant List MONIA/ANDERSON MOVED TO APPROVE THE WARRANT LIST. PASSED 5-0 C. Report of City Clerk on Posting of Agenda City Engineer Perlin stated pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on January 31. 4. CONSENT CALENDAR These items will be acted upon in one motion unless they are removed from the Consent Calendar for discussion by Councilmembers or any interested party. A. Planning COmmission Actions, 1/22 - Noted and filed. B. Public Safety Commission Annual Retreat Summary, 1/11 Noted and filed. C. Approval of Cooperative Agreement with CalTrans - Saratoga- Sunnyvale Rd. Medians - Capital Project No. 924 D. Final Acceptance of Improvements, SD87-009, 20420 Hill Ave. (Developer, J. Waller) E. Change of title from Chief Building Inspector to Building C~ty council Minutes 2 February 5, 1992 Codes Administrator F. Authorization of Attendance of Parks Superintendent and Two Parks and Recreation Commissioners at Parks and Recreation conference, Long Beach, March 5-8, with reasonable and necessary expenses. G. Authorization of Attendance of City Engineer at Public Works Officers Institute, March 18-20, in Irvine, with reasonable and necessary expenses H. Authorization of 10K Montalvo Run/Walk, April 18, 1992, conditioned on compliance with all requirements of Special Events Ordinance ANDERSON/MONIA MOVED TO APPROVE THE CONSENT CALENDAR. PASSED 5-0 5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS Mr. Tom Reddick, 12389 Larchmont Ave., expressed concern regarding the lack of clean up after work has been done by PG&E and the cable television company. He feels the City should require them to clean up as it is not the resident's responsibility. Mr. Peter H. Thompson, 20720 4th Street #14, Thompson Trio, presented a letter to the Council and read it. He requested that the Council reconsider his proposal for a performing arts grant. Mr. Thompson noted the performances they do within the City. He stated his proposal is in.agreement with the City of Saratoga's policies. He noted he wanted the public record clarified, to note that he has performed in schools within the City. Councilmember Monia noted he will abstain from this discussion. Mayor Kohler stated that this matter will be looked into further and the City will respond to Mr. Thompson. Councilmember Anderson stated that the Council needs to discuss guidelines for future grants and how much money should be spent. B. WRITTEN COMMUNICATIONS 1) Mr. and Mrs. Ralph Van Heerden, 13841 Ravenwood Dr., requesting cancellation of Ravenwood Park purchase. Mayor Kohler noted it is good to have the open space, but feels something should be done with this parcel. Councilmember Anderson stated the City should investigate the access to the property. She noted this has been a concern and should be looked into. She feels the property should be put to use, if not for a park, for other recreational activities. Councilmember Monia agreed with Councilmember Anderson. He feels it would be difficult to monitor this park for vandalism, etc, because there'are no residents near by. City Engineer Perlin suggested the Park and Recreation Commission look into an appropriate use for this site. CLEVENGER/ANDERSON MOVED TO REFER THIS TO THE PARKS AND RECREATION COMMISSION TO LOOK INTO AN APPROPRIATE USE FOR THIS SITE. The above motion was carried 5-0. 2) Request by Hakone Foundation to Construct a Pedestrian Entrance at Hakone Gardens. city Engineer Perlin noted that he talked to the City Manager regarding this issue and it was concluded that it would be more appropriate to refer this letter to the Parks & Recreation Commission and also give City council Minutes 3 February 5, 1992 staff time to look at it from a Risk Management perspective. Mayor Kohler noted that he also talked to the City Manager and he indicated to him that this should be referred to the Parks & Recreation Commission. Ms. Kay Duffy, Hakone foundation, noted this proposal is to provide a. footpath because people are walking on the road. She noted the Trail Center has very strict standards to follow. She noted there is a contract within the package received by Councilmembers which discusses the liability issue and feels there is sufficient coverage for workers. She feels this is an excellent trail. She noted they would like to start work on this trail to have it completed for the Hakone festival and encouraged the City Council to allow them to proceed. She noted they need to start this weekend in order to finish on time. Councilmember Monia expressed concern regarding the liability issue and questioned this within incorporated areas. Ms. Duffy noted she is on the Garden Commission and they still have to meet with the Parks & Recreation C~mmission to discuss the trail. Councilmember Clevenger noted that much time and effort has been put into this to make sure this is appropriate and does not want it to be delayed. Councilmember Monia noted the City Manager's request, he suggested that the Council wait for the City Manger to discuss staff~s concerns and then make a decision. MONIA/STUTZMANMOVED TO CONTINUE THIS ITEM TO FEBRUARY 11, 1992, STUDY SESSION. Ms. Duffy noted the Parks Superintendent has been 'working with the Hakone Foundation and is aware of the proposal. The above motion was carried 5-0. 6. OLD BUSINESS - None. 7. NEW BUSINESS A. Ordinance amending Section 4-50.020 Of the Munlcipal Code relating to peddlers and solicitors requirement for a business license (first reading and introduction) City Attorney Riback noted this ordinance was recommended to the City Council as a result of Community Services Officers determining there was a conflict between two sections of the City Code. Mr. Riback explained the concerns and noted the proposal to is to rectify the problem. Mr. Tom Reddick stated he is concerned about rocks and paper that solicitors leave in his driveway. He noted this matter needs to be cleared up. MONIA/ANDERSON MOVED TO INTRODUCE ORDINANCE BY TITLE ONLYt WAIVING FURTHER READING. PASSED 5-0 B. Ordinance designating City Engineer as City Traffic Engineer (first reading and introduction) City Engineer noted this is a follow up recommendation from a study session and staff recommend that Council introduce ordinance by title only, waiving further reading. MONIA/ANDERSON MOVED TO INTRODUCE ORDINANCE BY TITLE ONLY, WAIVING FURTHER READING. PASSED 5-0 Mayor Kohler moved to item 9C at this time. 9. C. City Position on Measure C School Tax - Clevenger C~ty Council Minutes 4 Pebruary 5, 1992 Ceunc~lmember Clevenqer noted she put this on the agenda because a member of the School bistrict called to her attention that Mayor Kohler had signed the ballot measure opposing the parcel tax. She noted this ihdicates to many Saratoga residents that this is the opinion of the c~ty Council. She noted it needs tO be clarified that the majority of the city council may not be in supbort of the Mayor's signature. She requested the City Council take a position on this. Mayor Kohler noted there was criticism about the signature, but it is his own opinion. Mr. Tom Reddick expressed concern regarding the parcel tax. He stated he does pay tax to the City as he is a resident of Saratoga. Councilmember Clevenger stated that Mr. Reddick does not have to pay the parcel tax as he does not live in the Saratoga School District area. Mayor Kohler declared a recess. Ms. Conhie Hammer, 15001 Quito Rd., requested that Councilmember Clevenger restate her request. Councilmember Clevenger did so. Ms. Hammer noted concern regarding the number of taxes the residents are asked to support and why would the City Council take an official stand on this issue.' She feels it is unfair that two of the 'City Councilmembers be part of the vote as they are not affected by the tax. She feels that scare tactics are b~ing used to urge voters to vote for this tax. She requested the City Council not to take a stand on this issue. She expressed concern about the way the School District use the money they have. Councilmember Stutzman noted he attended many of the School Board Meetings to review the budget and the schools are in need Of repair. He feels the schools are very important to the community and the tax is needed. Mr. Jeff Klopotik, Senate District Director for the California Republican Assembly, noted that he represents the largest Republican volunteer group in the State. He noted the Mission City Chapter is on record for endorsing the opposition group Crossing Guards and any other groups or individuals in opposition to Measure C. He wished the groups success in upcoming elections. Mr. John Crimmins, 19096 Harleigh Dr. noted the proposed budget for the School District has a short fall of $1 million. He noted the parcel tax is needed to repair the schools. He noted during the summer of 1990 citizens met to address the problems of the School District. He stated the School District has a good reputation in Saratoga and they want to keep it. Ms. Lyn Barnum, 14350 Taos Dr., noted her children have attended Saratoga Schools, she noted the people opposing the tax are not opposed to good schools. She stated she .has been active within the public schools to try to improve things. Ms. Barnum stated we need to get back to the basics, she feels more money is not the solution to solve the problems of the School DistriCt. Councilmember Monia expressed concern about the process. He noted a number of months ago there was an agreement. among the Council that they would abstain from becoming involved in .another government entity's affairs. He noted, no matter how many people speak at this hearing, it will not convince him to change his opinion favoring the tax. He noted after discussion regarding the School Board Tax, the Council made a decision not to take a position on an official basis. He does not feel it will help to have public input at this time as the Council should deal with this item as a body. Mayor Kohler stated the public should be allowed to speak and suggested a two minute time limit per person. City Attorney Riback stated the Council must allow people to speak but has the authority to establish a time limit. City council Minutes 5 February 5, 1992 Councilmember Monia moved to overrule the chair for the two minute time limit. It was a consensus of the Council to continue the hearings for another 10 minhtes. Councilmember Stutzman Stated the discussions should be confined to the matter at hand. Ms. Mary Ann Welch, 19520 Kenosha Ct., stated she is not against the schools, but is against new taxes until certain procedures are followed as outlined in her letter presented to the Council. She stated even if new taxes are passed there is no safeguard that will prevent the same thing from happening again. Mr. Ed Vincent, 13617 Westover Dr., stated this is not a proper item for discussion and urged the Council to take a position on this individually. He feels strongly about short changing education. Mr. Vincent reiterated comments from the School Budget and the Emergency Fund. He noted the deficit over the years. Mr. Lou Thorpe, 19550 Farwell Ave., expressed opposition to the tax increase as long as the School District uses money for less important issues. Mr. Thorpe quoted Councilmembers remarks from the meeting of May 15, 1991 regarding the parcel tax. Mr. Thorpe submitted a letter to the Council to be made part of the public record. Councilmember Clevenger noted she agrees with the comments of other Councilmembers that the Council should not be involved, butthe reason it is brought up is because they were forced into this since the Mayor has signed, what appears to be, on behalf of the Council. CLEVENGER/ANDERSON MOVED TO ENDORSE THE SCHOOL DISTRICT PARCEL TAX. Councilmember Monia agreed with Councilmember Clevenger that there was a violation of the Council's agreement, but does not feel that this action should be taken. He suggested that the Council agree to remove from the ballot arguments that have been signed, all the official titles. He feels this is the issue to deal with. Councilmember Anderson stated it is too late to do what Councilmember Monia suggested, they have passed the deadline. She noted what needs to be clarified is, when the Mayor signs it, does it represent the Council as a whole? Councilmember Anderson stated, although she is not within the School District, her daughter does attend Foothill. She noted she has made a pledge to the group supporting the parcel tax, that if the tax passes she will pay the tax every year. She noted she has looked at the school budget, there is no music or art this year and the buildings are in bad condition. She stated the district does teach the basics, but music and art should be part of the curriculum. She does not feel it would be responsible to use all the reserves. She stated she will vote for the motion. The above motion was carried 3-1-1 (Kohler opposed; Monia abstaining). Councilmember Monia stated it is important not to get involved in cross elections. MONIA/STUTZMAN MOVED THAT THE CITY ATTORNEY LOOK TO SEE IF THERE IS A REASONABLE WAY TO REMOVE THE USE OF ANY CITY TITLE IN THE ELECTION. After discussing the motion, Councilmember Monia withdrew his motion. 8. PUBLIC HEARINGS - 8:30 p.m. A. CDBG/Human Services Allocations for 1992-93 Ms. Carolyn King, Assistant to the City Manager, summarized the staff report. She noted staff received 11 proposals and have made recommendations on 9 for the total amount of $343,745. Councilmember Clevenger questioned the handicap access proposal. Ckty Council Minutes 6 February 5, 1992 K~ng noted that the Hakone Cultural Center access proposal was technically eligible, but staff was not recommending funding because it was not in the highest priority category for CDBG funding. The h~ghest priority County-wide is housing, and all of the recommended p~oposals are housing-related. Mayor Kohler opened the public hearing at 9:25 p.m. Councilmember Clevenger informed the public that the money allocated to these other services are specifically set aside for that purpose and cannot be used to fund the School District. Ms. Leta Friedlander, Live Oak Adult Day Care, gave background information on her organization. She noted they have worked with the County and hopes that the Council reconsider support for their request. Ms. Arlyne June, Project Match, gave the background information of the organization. She noted they match seniors together to share housing. She expressed appreciation for the Council's support in the past and their continued support. Ms. June stated they have matched residents of Saratoga. She noted they are providing a good service to low income seniors. Ms. Barbara Noggle, 1150 S. Bascom Ave, San Jose, Hospice of the Valley, noted the request is to help for the fee to rent Hakone Gardens for their Memorial celebration. Ms. Noggle gave background information of the Organization. She presented programs from last year's event to the Council. She thanked the Council for their support and consideration. Ms. Cecelia Warner, 1361 Dubeft Ln., San Jose, Women's Housing Connection of Silicon Valley, thanked the Council for considering their application. She introduced board members who are Saratoga residents. Ms. Warner gave background information of the organization. Ms. King noted this was not with the other proposals because the application was received late. Ms. Gloria Baxter, 1000 Market St., Bill Wilson Center, gave background information on the organization, noting they serve the youth in the Valley. She noted there is a need to increase the number of beds and they are proposing to raise the number from 6 to 20 beds. She noted 5 percent of the Bill Wilson Center residents are Saratoga residents. She noted the request is for reconstruction. Ms. Doris Sayles, 18691 Harleigh Dr., Live Oak Adult Day Care, noted they serve Saratoga in many ways and encourage the City Council to support their request. Ms. Mary Ellen Heising, 1125 Olive Branch Ln., Second Harvest Food Bank, explained the Operation Brown Bag Program. She noted Saratoga residents are served, especially seniors in need. She noted they have asked for an increase in funding and noted this is needed. Also they are expanding and need a bigger facility. She noted they are now having to go further to obtain the food needed. Councilmember Monia questioned if'Ms. Heising had any statistical data on the average number of calories they provide for the people they are serving. Ms. Heising stated she did not; she noted they give approximately 9 to 12 items per bag. Ms. Heising went on to talk about the new'facility they are building. She noted in order to utilize the building, they need more storage - racks. She noted they are requesting money to purchase racks to utilize the full use of the building. Councilmember Anderson noted she talked to one of the Board of Directors of Second Harvest Food Bank, who asked the Council to give serious thought to fund this. She noted this organization is at the heart of providing food throughout the County. She suggested giving more money to this organization. Ms. Elizabeth Replogle, 19208 Vineyard Ln., Saratoga Area Senior City Council Minutes 7 February 5, 1992 Coordinating Council, noted the membership is almost 1000 people. She noted 71.5 percent of the members are low to moderate income levels. They need to be able to provide to more residents in Saratoga. She noted they are offering many services to ~the seniors and want to increase the services. She thanked the Council for their support and continued support. Ms. Donna Donahue, 10675 Martenwood Way, Cupertino, Long Term Care Program, noted they are the agency that provide free problem solving in many health and safety issues to residents of long term care facilities. She noted the money is needed to stay on top of the problems the facilities are having. Mr. Keith Gordon, 20299 Blauer Dr., SASCC, expressed concern regarding the source of funding from the city as it has been decreasing over the years. Mr. Gordon reiterated funds awarded over the years and noted the amount keeps going down. He requested that the Council award the full amount requested at this time. He noted they have cut costs to get the reserve up to a six month level. In response to Councilmember Monia's question, Mr. Gordon stated the interest in the accounts has increased over the last 12 months. He noted if they have to lean on the endowments for the budget they will not last very long. He noted they are proud of their organization and urged the Council to award their request. Ms. Lauren Mende, Transit Assist, gave the background information of the organization and the Americans with Disabilities Act. She noted the County will not be providing funds. She noted the residents in Saratoga receive 38 percent of service from Transit Assist and hope to provide more services as funds become available. Councilmember Anderson noted she has attended Transportation meetings and they are going to be proceeding more slowly for implementation of ADA requirements because of lack of funding from County. Ms. Linda Armstrong, Emergency Housing, noted the request for funding is for Santa Clara Living Center, for bathroom facilities. She explained that the shelter provides for families and they have a 70 percent success rate of getting families back into permanent housing and jobs. She noted they are in support of staff recommendation and request it for renovation of bathroom facilities. Mr. Carlos D. Garcia, Fellowship Plaza, noted that Fellowship Plaza does not belong to Odd Fellows. He explained what they provide, noting the people come from the Community at large, serving'seniors and disabled people. He noted the request is to provide adequate access to the building. In response to Councilmember Monia, Mr. Garcia stated approximately 3 percent of their residents come from Saratoga, but noted 16 to 17 percent of the residents have relatives living in Saratoga. He noted the waiting list is approximately six months to one year. Ms. Donna Lynd, 1930 Almaden Rd., San Jose, SCC, Los Gatos, explained what the organization does. She noted 75 percent of the clients are from low and very low income categories. She thanked the City Council for their support in the past and hope they will consider staff's recommendation. Mayor Kohler closed the public hearing at.10:t9 p.m. The Councilmember continued discussing the various funds. Councilmember Clevenger suggested removing Fellowship Plaza and Emergency Housing from the HCD FUNDS - CAPITAL to HCD FUNDS - OTHER, Housing Development. Councilmember Monia suggested taking $2,000 from SASCC--operations and $2,000 from SASCC--day care to fund Women's Housing Connection. After much discussion the following motion was made. CSty Council Minutes 8 February 5, 1992 C~EVENGER/STUTZMAN MOVED TO ACCEPT STAFF,S RECOMMENDATION. MONIA/KOHLER MOVED TO AMEND THE ABOVE MOTION TO SUBTRACT $1,000 EACH FROM SASCC DAY CARE AND OPERATIONS FOR A TOTAL OF $2,000 TO FUND THE W~MEN,S HOUSING CONNECTION. PASSED 3-2 (Anderson, Clevenger no) The above motion with the amendment was carried 5-0. B. Appeal of denial of design review approval to construct a new, 2,386 sq. ft., two-story, single family home, and a request for variance to encroach into the required front, side and rear yard setbacks at 14668 6th St. in the R-M zoning district (Applicant/appellant, Marchetti)(DR91-061; V91-016) Interim Planning Director Eisner presented the staff report. He reviewed the Planning Commission's concern regarding the request for the variance with regards to front and rear yard setbacks in the R-M zone. Mr. Eisner outlined the alternatives available to the Council as outlined in the staff report. Councilmember Anderson questioned the setbacks as outlined in the staff report. Mr. Eisner clarified this. Councilmember Clevenger noted that this is a difficult lot situation because it is surrounded by three other zoning districts and this could be a finding to make a variance. Councilmember Stutzman noted that he had met with Mrs Marchetti, at her request and discussed the plans. The other councilmembers had also done so. Mayor Kohler opened the public hearing at 10:57 p.m. Mrs Marchetti submitted information on the setbacks in a non-conforming lot. Mr. Walter Marchetti, 749 Mahogany Ln., Sunnyvale, requested approval of the project as staff has recommended. He noted they bought the property last year and have worked with staff and an architect to present the plan proposed. He noted the reasons for the variance request. He noted the lot is non-conforming and they request to use the standards for an R-1 non-conforming lot. Mr. Marchetti stated there are oak trees on the property and they want to preserve these. He noted a variance was given to a house on the same street. He noted the house is not extravagant and the design was planned to reduce the massive look of the house. He noted the house will enhance the neighborhood and they have signatures from homeowners in the area who are in favor of the plans. Mrs. Marchetti reviewed the setbacks. She noted they are in line with other homes on the street. She presented a diagram of the lot and the proposed house and requested that the Council consider the R-1 lot. She noted if they stay within the R-1 zone the could obtain the privacy from surrounding commercial buildings and preserve the oak trees on site. Mr. Dennis Favero, 19549 Vineyard, requested that the Council overturn the Planning Commission's decision and Vote in favor of the project. He noted the home will enhance the neighborhood and has received neighborhood support. Mr. Bill Brown noted he lives on the same street and is interested in doing remodeling to his home in the future, but would run into problems with the existing setbacks. He spoke in support of the project and urged the Council to grant the variance. In response to Mayor Kohler's question, Mr. Eisner stated the proposed home will be in compliance with the neighborhood. Mr. Diane Brown noted this is a good plan and in compliance with the neighborhood. She noted they do not want a neighborhood with no backyards and spoke in support of the proposed plan. City Council Minutes 9 ~. February 5, 1992 Mayor Kohler closed the public hearing at 11:12 p.m. Councilmember Anderson stated she could make a finding for a variance that this is an extraordinary lot with extraordinary measures. She noted She would like to see it developed as a single family home. She stated the oak trees should be preserved. Councilmember Monia stated he is in favor of the plan as it will enhance the neighborhood and would support the variance. Councilmember Stutzman noted he has reservations regarding the variance. He noted when the owners bought the property they were aware that this was a sub-standard lot and the setbacks required. He feels that if the Council modify the standards they may be giving the Planning Commission mixed signals. Councilmember Clevenger concurred with Councilmember Stutzman, but feels that this is a special case. She noted a sizeable house is needed to balance nearby projects. Ms. Clevenger pointed out two other projects within the City, comparable to this, that worked out well. She stated this would be an improvement over what is there. She spoke in support of preserving the oak trees and granting the variance. Mayor Kohler stated he agrees with the other Councilmembers and there is no specific plan for the village area. Staff should look into ~his. He noted he is in support of the plan as proposed as it adds character to the Community. In response to Councilmember Monia's question, Mr. Eisner stated as a design review condition they could require that only a single unit can be developed on the lot. Mr. Eisner suggested that the Council take action on the variance, but direct staff to prepare the necessary resolution with conditions for design review approval and bring that back to the Council in two weeks for approval. ANDERSON/CLEVENGER MOVED TO GRANT A VARIANCE WITH THE FOLLOWING FINDINGS: 1. EXTRAORDINARY LOT; A. SUB- STANDARD LOT; B. OAK TREE8 SHOULD BE PRESERVED. PASSED 4-0 (Stutzman abstaining). MONIA/ANDERSON MOVED TO DIRECT STAFF TO PREPARE RESOLUTION FOR DESIGN REVIEW, AND ALSO ADDRESS THE ISSUE OF A SECOND UNIT AND TO BRING BACK TO COUNCIL FOR REVIEW. PASSED 5-0. C. Appeal of denial of design review approval to construct a new 5,221 sq. ft. two-story residence on a 1.95 acre site · in the NHR Zone district at 21097 comer Ave. A rear yard pool, pool house and associated decking are also proposed. (Appellant/applicant, Ruehle) (DR91-026) Mayor Kohler noted Councilmember Stutzman left the meeting at 11:30 Interim Planning Director Eisner presented the staff report. He noted the issue is the height which goes up to 26 ft. He noted the Planning Commission did put a 22 ft. height limit. Councilmember Anderson noted that Commissioners on the Planning Commission at the time of the proposal, made the comment that the 22 ft. limit was a condition because the lot is higher up the hill. Mayor Kohler opened the public hearing at 11:40 p.m. Ms. Virginia Fanelli, representing the property owners, requested approval of the design which meets all Ordinance standards. She noted the design will not infringe on the Oak Trees and the house was designed with input from the neighbors. She noted the trees will also provide privacy and the view shed will not be impacted. Ms. Fanelli stated the owners are working on resolving the existing drainage problem. Ms. Fanelli went on to present the design of the home, noting it will be one story in the front and two story in the back, stepping C~ty Council Minutes 10 February 5, 1992 dgwn the hillside. She noted the proposed design is appropriate for the site and compatible with the neighborhood, noting there are letters f~om neighbors in support of the plans. She noted the most recently b~ilt house in the neighborhood is 28 ft. high. ME. Fanelli noted that nodesign review criteria has been violated and i~ sensitive to the neighborhood. in response to Councilmember Anderson~s question, Ms. Fanelli stated t~e second story ceiling is at 7 ft. as proposed, and does not think it could come down lower to accommodate the lower roof element. Councilmember Monia noted if the house was moved to a higher elevation, there would be setback problems. Ms. Fanelli noted the lower driveway is a mutual easement. Mr. Bill Ruehle, property owner, noted they retained an architect who is familiar with Saratoga and to work with staff to stay within all the rules. He noted they have had neighborhood meetings to discuss preserving the character of the area. He noted the request is to preserve the architecture proposed and enhance the quality of the neighborhood. Mr. Darrell Sniffen,.21072 Comer Dr., noted he has reviewed the plans and it is under 26 ft. and spoke in support of the plans. Mayor Kohler closed the public hearing at 11:55 p.m. MONIA/CLEVENGER MOVED TO APPROVE THE DESIGN REVIEW SUBJECT TO STAFF~S RECOMMENDATIONS. Mayor Kohler stated although it is a good design, he feels it is too intrusive. The above motion was carried 3-1 (Kohler No, Stutzman absent) D. Advisory Ballot Measure to Limit Terms of City Councilmembers This item was continued to February 19, 1992. E. Ordinance amending Building Site Approval Ordinance (first reading and introduction) Continued to a later date to allow further time for preparation. 7. C. 1990-91 Financial Statement and Audit Report Ms. Patricia Shiver, Finance Director, presented the staff report reiterating comments from the Comprehensive Annual Financial Report. Councilmember Monia requested adding the Youth Commission to Page 2 of the cover letter in the report. Councilmember Anderson asked why the software was not updated as recommended last year. Ms. Shriver stated it is very complicated and explained the reasons for not updating the software, noting she did not feel the benefits justified spending the money. ANDERSON/MONIA MOVED TO ACCEPT THE REPORT. PASSED 4-0 (Stutzman absent) D. Engagement Letter for 1991-92 Audit Ms. Patricia Shriver, Finance Director, presented the staff report noting it is staff's recommendation that the Council approve Maze and Assoc. for 1991-92 Fiscal Year Audit. ANDERSON/CLEVENGER MOVED TO APPROVE MAZE ANDASSOC. FOR 1991-92 FISCAL YEAR AUDIT. PASSED 4-0 (Stutzman absent) E. League of California cities Growth Management conference, City Council Minutes 11 February 5, 1992 February 20-21, 1992~ in Sacramento City Engineer Perlin stated it is staff's recommendation that the Council determine whether to authorize attendance by a member of the City council and/or a member of the staff. Councilmember Anderson stated she and Councilmember Clevenger would like to attend the meeting because they have been involved in the ABAG meeting and need to be kept up-to-date on all the information. MONIA/ANDERSON MOVED TO APPROVE APPROXIMATELY $600 FOR COUNCILMEMBERS CLEVENGER AND ANDERSON TO ATTEND THE GROWTH MANAGEMENT CONFERENCE. PASSED 4-0 (Stutzman absent). F. Memo Authorizing Publicity for Upcoming Hearings Pike Road GPA; Satellite Dish Ordinance City Engineer Perlin noted it is staff's recommendation that Council approve publicity as recommended. ANDERSON/MONIA MOVED TO APPROVE THE PUBLICITY AS RECOMMENDED. PASSED 4-0 (Stutzman absent). 9. CZTY COUNCZL ZTEMS A. Agenda items for joint meeting with Planning Commission February 11 1. Discussion regarding developing a policy statement to be incorporated into the Circulation Element of the General Plan either discouraging or prohibiting the gating of private roads. City Engineer Perlin informed the Council of the joint meeting with the Planning Commission and noted they will be discussing the gating of private roads. Councilmember Monia suggested that the Council also discuss the direction given to Mr. Oliver regarding the Paul Masson site. Also to be discussed at the meeting: Trail at Hakone Gardens; Permitted density in R-M zoning districts; parking of recreational vehicles on private property. B. Library Expansion Committee This item was continued to the meeting of February 11, 1992. D. Reports from Individual Councilmembers Councilmember Anderson noted the School Board wants to meet with the Council on February 25th, but this date is not suitable, and another will have to be made. Councilmember Anderson reported on the T2010 Plan. Councilmember Clevenger noted they should object to the process used to revise the Plan. CLEVENGER/MONIA MOVED TO WRITE A LETTER OBJECTING TO THE PROCESS USED TO REVISE THE T2010 PLAN. PASSED 4-0 (Stutzman absent). Councilmember Clevenger noted the Hakone Dedication is on April 11 and the Hakone Festival is May 9th. She also noted she had received complaints from citizens regarding recreation vehicles parked in private driveways, and stated this issue needs to be addressed. Mayor Kohler noted he and Councilmember Monia attended a citizens group meeting. Councilmember Monia noted that vandalism was discussed as a result of the incident at one of the local schools. He noted there is another meeting March 2nd. He noted the city should work with the school to find a place where the school children can go for a Halloween dance. C~ty Council Minutes 12 February 5, 1992 1~. CLOSED ~ESSION on pending litigation on illegal grading, clearing and tree removal on Cocciardi/Chadwick development, Tr. 7770 and on Personnel Matters - Management Employee Compensation and City Attorney Evaluation The closed session was continued to [ebruary 11, 1992. 11. ADJOURNMENT The meeting adjourned at 12:25 a.m. to February 11 at 6:15 p.m. Respectfully submitted, Minutes Clerk"'