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HomeMy WebLinkAbout04-01-1992 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, April 1, 1992 - 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 Perl~n, Associate Planner Adar. 2. CEREMONIAL ITEMS A. Presentation of Public Safety certificates of Recognition. Mayor Kohler presented Public Safety Award Certificates of Recognition to the following: The Saratoga Fire District: Captain Buz Strothers Engineer Eric Kraule Firefighter Mike Buress Councilmember Anderson thanked the Fire District for their participation in responding to the Oakland Hills fire. The Santa Clara County Fire Protection District: Battalion Chief James Bristow Captain Robert Smith Captain Steve Stockman Firefighter-Engineer Todd Bruce Firefighter-Engineer Daron Pisciotta County of Santa Clara GSA Communications: Bob Jessel Aric Gilbrecht Robert Eger Jeff Guill County of Santa Clara Office of The Sheriff, Westside Station: Deputy Ron Levine Sergeant Art Kirts Deputy Don Staats Deputy R.T. Jones. Sheriff Charles Gillingham thanked the Council for their recognition. He presented videos to the City Council of the Oakland Hills fire and the devastation it caused. Mr. Doug Sporleder, Central Fire District, thanked the Council for their recognition. He commended the City Manager for his leadership in developing the Fire Protection Program in Saratoga. Fire Chief Kraule thanked the Council for their recognition and also thanked the Public Safety Commission. B. Presentation of California Society of Municipal Finance Officers Award to City Council. Finance Director Patricia Shriver presented a Certificate of Award for Outstanding Financial Reporting 1990-91 to the Council. Mayor Kohler thanked Ms. Shriver and her staff for the certificate. 3. ROUTINE MATTERS A. Approval of Minutes 3/18, 3/24 Councilmember Anderson corrected the minutes of 3/18 as follows: Page 8, "In response to MayOr Kohler's question..." Councilmember Anderson stated that Colonel Barco stated that staff does not always know that City Council Minutes Page 2 April 1, 1992 there is a problem, therefore can not give adequate help. Mayor Kohler corrected the minutes of 3/18 as follows: Page 12, last mgtion should read "CLEVENGER/ANDERSON MOVED TO ADD THE CITY OF SARATOGA TO THE LIST. PASSED 5-0." MONIA/ANDERSON MOVED TO APPROVE THE MINUTE8 OF 3/18 AS AMENDED. PASSED 5~0 · .ANDERSON/MONIA MOVED TO APPROVE THE MINUTES OF 3/24, AS PRESENTED. PASSED B. Approval of warrant List ANDERSON/MONIA MOVED TO APPROVE 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 March 27. 4. CONSENT CALENDAR A. Plannlng Commission Actions - 3/25, Noted and filed. B. Closure of Hakone Gardens to publlc on April 11, 1992,. for the dedication of the Cultural Exchange Center. C. Ordinance on Trip Reduction (second reading and adoption) D. Resolution 92-015 granting Persico appeal heard 3/18/92. Councilmember Clevenger requested item F be removed and Councilmember Monia requested item E be removed from the Consent Calendar. ANDERSON/MONIA MOVED APPROVAL OF THE CONSENT CALENDAR WITH THE EXCEPTION OF ITEMS E & F. PASSED E. Resolution 92-016 granting approval of pool and fence on Gardanier appeal heard 3/18/92. Councilmember Monia stated that staff has put together a map showing the location of the fence and this should be exhibit A in the resolution. MONIA/ANDERSON MOVED TO APPROVE ITEM E. PASSED 5-0. F. Miscellaneous traffic and parking matters. Staff recommend the City Council adopt various resolutions modifying the parking and traffic patterns. Councilmember Clevenger asked if the Public Safety Commission talked to the neighbors in the area. She noted that if this will affect her parents' house she will abstain. City Engineer Perlin stated the 100 ft. is contained within the limits of the school property. Councilmember Clevenger stated since it does not affect her parents' residence she will support item F. ANDERSON/MONIA MOVED TO ADOPT RESOLUTIONS MV-200, MY-a01, MV-202, MV- 203, and MY-204. PASSED 5-0. CONSENT CALENDAR II - Claims Against the city A. Claim of Jean Jones in connection with Transit Assist vehicle accident. City Manager Peacock stated it is staff's recommendation to refer this to the City Manager for settlement. City Council Minutes Page 3 April 1, 1992 ANDERSON/HONIA HOVED TO AUTHORIZE THE CITY HKSAGER TO SETTLE THIS I~TTER. PASSED 5-0. 5. COMMUNICATIONS FROH COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS Ms. Meg Giberson, 15561 Glen Una Dr. expressed concern about a project in process at 20052 Sunset Dr. She noted this is a nuisance to the neighborhood. Ms. Giberson stated there has been a considerable amount of destruction to the creek, creek bed and the site itself. She stated this seems very different from what was approved. She submitted a memo to the council concerning the problems of this project and requested that the violations be stopped. In response to Mayor Kohler's question, Ms. Giberson noted she has contacted the sheriff~s department regarding the noise. City Attorney Riback stated that violations should be reported to the City and the noise ordinance must be adhered to by all residents. In response to CouncilmenLber Anderson~s question City Manager Peacock stated they do have the equipment and personnel to measure the noise levels. In response to Councilmember Monia's question, Ms. Giberson stated the noise is related to both construction and vehicles. Councilmember Stutzman asked about the erosion control. Ms. Giberson stated the builders are in the process of smoothing out where the erosion occurred. It was a consensus of the Council to answer the letter from Ms. Giberson. The City Engineer was so instructed. Councilmember Anderson stated she is concerned about noise levels in the early morning and requested staff look into this. Councilmember Anderson noted she had a call from Ms. Jameson, Finance Committee Member, who expressed concern about the Water Company setting up a water pipe, so in case of emergencies the water will drain into their yard. She requested that staff look into this matter and report back. City Engineer Perlin stated staff has been working on this with the neighbors. He noted they received a response from the Traffic Authority which indicates the pipe will not be a problem. He stated this is not satisfactory to the property owners and will pursue the matter until it is resolved. B. WRITTEN COMMUNICATIONS 1) Letter from Saratoga Foothill Club requesting permission to hold Memorial Day Ceremony. Staff recommend the City Council approve the Ceremony on May 25, 1992, as proposed. STUTZHJ~N/CLEVENGER MOVED TO APPROVE THE CEREMONY ON MAY 25, 1992. PASSED 5-0. 2) Request for Relief to File Plans pending zoning ordinance revision - Troutman, 13070 Regan Lane. City Manager Peacock reiterated comments from his memo dated Harch 26, 1992. He recommends that the City Council approve the request subject to the revised ordinance being introduced for first reading on April 1, 1992. In response to Councilmember Clevenger~s question, Mr. Peacock stated it would not be appropriate to act on this before acting on the Zoning ordinance. ~ City Council Minutes Page 4 April 1, 1992 Councilmember Clevenger stated, if the ordinance is approved, it is her r&commendation that the council support this request. This will also apply to other people, if they are willing to sign a letter holding the City harmless. COuncilmember Anderson stated she had a call from a resident on Regan Ln., who is in a similar situation with impervious coverage. She noted' t~e ordinance has caused difficulty for residents and there should be a.resolution for those people who had begun the process before the change. MONIA/ANDERSON MOVED TO TABLE THIS ITEM UNTIL AFTER ITEM 8A. PASSED 5-0. 3) Response from Senior Coordinating Council to Questions Raised RegardlngFunding at February19, 1992, Council Meeting. Councilmember Monia stated that his question which was asked at a previous hearing was not answered in the letter received from the Senior Coordinating Council. He stated his question was, what the unrestricted reserve in the SASCC endowment fund as of February 1992 was and what is it going to be by February 1992 based on the expenses vs. the income. Ms. Ann Marie Burger, 20045 Winter Ln., addressed the letter to the Council dated March 16, 1992. Councilmember Monia stated that the citizens of Saratoga have a right to know how the money, granted to SASCC by the City, is spent. Mr. Jeff Schwartz, San Marcos Rd., addressed the letter from SASCC dated March 16, 1992. He stated that the citizens should be allowed to see how the public funds are spent. He also requested an answer to Councilmember Monia~s question. Councilmember Anderson expressed concern about #3 in the letter from SASCC and would like clarification. Ms. Olga McFarland, SASCC, explained SASCC~s budget, noting they do expect cooperation from the City. Mayor Kohler stated all the concerns should be submitted in writing to SASCC. Councilmember Clevenger stated that SASCC are contributing to the City with the work they do. She noted normally the services they offer are funded fully by a city. She stated the City asked the seniors to be part of the fund raising and they are not getting as much appreciation as they should for what they have done. She noted the City Council did indicate that they would support SASCC. Councilmember Monia stated SASCC is doing an excellent job, but the issue is whether to fund SASCC beyond their actual income needs when other organizations need the money to survive. Mayor Kohler moved to the public hearing at this time. 8. PUBLIC HEARINGS - 8:30 p.m. A. Ordinance making miscellaneous amendments to the Zoning and Building Regulations concerning subdivisions of sites, design review, impervious coverage, setbacks and grading in the residential and agricultural districts, with the associated environmental Negative Declaration (first reading and introduction) (continued from March 4) Associate Planner Adar presented the staff report dated April 1, 1992. She stated that the zoning ordinance amendment is to be dealt with at this time and the building code amendment will be addressed by the Engineering Department at a later date. Ms. Adar stated the newly amended code sections inadvertently created nonconforming situations, primarily in regards to existing residential structures. She stated City Council Minutes Page 5 April 1, 1992 the difficulties could serve as grounds for a variance approval. Ms. Adar stated staff recommended changes to the ordinance, and after review, the Planning Commission made changes which are outlined in the staff report. Councilmember Clevenger asked if a person adds to an existing home does the new ordinance apply. Ms. Adar stated the setbacks will not apply, but the reduction in height will. Councilmember Anderson stated a vacant lot is not the same as a lot created in 1992. She stated that problems could arise with existing corner lots. She stated vacant lots and newly created lots should be two different categories. Councilmember Anderson proposed that "vacant lot" be removed from Section 3 (b). City Manager Peacock stated the setback requirement in a side yard is excessive while the rear yard setback is inadequate, and this is what triggered the issue. He explained the reasons for the change with regards to side yards. Ms. Gillian Moran, Planning Commission, explained the Planning Commission~s discussions on this issue and stated that they could deal with this on a variance basis. Mayor Kohler opened the public hearing at 9:05 p.m. Ms. Muriel Applebaum, 21315 Lumbertown Ln., stated that with the new zoning regulations her lot becomes non-conforming and she spoke in favor of the amendments proposed. Mr. Gill Troutman, 13070 Regan Ln., stated he designed an addition to their home and with the revised ordinance they are four feet over the allowance. He spoke in support of the amendments. Mr. Troutman addressed his letter to the Council under written communications. Mr. Dean Chapman spoke in support of section 7 (f) of the draft ordinance. Me explained the configuration of his home noting that they are planning to build an addition and will be penalized because they exceed the maximum height allowed. He strongly urged the Council to approve section 7(f) of the draft ordinance. Mr. Steve Benzing, 12403 Fredericksburg Dr. stated he is familiar with the zoning ordinance and urged the Council to approve the amendments. He does not believe it was the Council~s intention to create non- conforming lots. He stated the reduction of impervious coverage is harmful for future minor additions and requested that this be addressed. Mr. Steve Puthaff, 13001 Saratoga Sunnyvale Rd., requested that the Council approve the amendments to allow him to proceed with the addition to his home which he planned prior to the proposed ordinance. Councilmember Clevenger spoke in support of approving the amendments and granting Mr. Troutman his request. Mr. Troutman expressed concern' regarding the requirements for impervious coverage. City Manager Peacock explained the requirements 'for impervious coverage. He stated State law mandates that the City comply with water conservation standards which relate to impervious coverage. He stated that aesthetics is also an issue. Mr. Peacock stated the intent for the original change was to adjust to the problem of long driveways. Mayor Kohler closed the public hearing at 9:25 p.m. In response to Councilmember Anderson~s question, Ms. Adar stated that the impervious coverage does not include the driveway and that was the reason for the reduction. City Manager Peacock stated the impervious coverage allowance has been City Council Minutes Page 6 April 1, 1992 in existence for many years and the reason.for the change is, as Ms. Adar stated, the driveway and walkway to the front of the house have been excluded. C0uncilmember Monia stated there is an issue of trying to give balance to lots. He also noted as the City continues to build out, impervious coverage becomes more of a problem. HONIA/ANDERSON MOVED TO APPROVE AZ0 92-001, /~IENDMENTS TO THE ZONING ORDINANCE. PASSED 5-0. MONIA/CLEVENGER MOVED TO APPROVE A NEGATIVE DECLARATION. PASSED 5-0. In response to CouncilmemberAnderson's question, regarding impervious coverage, Mr. Peacock stated they cannot act on the impervious coverage because it is not on the agenda. Councilmember Anderson suggested sending the impervious coverage issue to the Planning Commission for review. The Councilmembers addressed Mr. Troutmanes letter at this time. Mr. Peacock explained the *At Risk Letter' in the event of any changes. MONIA/ANDERSON MOVED THAT THE CITY CODNCIL ANNOUNCE THEIR INTENTIONS TO AMEND THE ZONING ORDINANCE AZ0 92-001 FOR THE PURPOSE OF ALLOWING APPLICANTS TO COME IN ANDAPPLY FOR APPROVAL OF THEIR APPLICATION BASED ON AN eAT RISK* UNDERSTANDING THAT THE ORDINANCE WOULD NOT BE EFFECTIVE UNTIL HAY 15, 1992. PASSED 5-0. 6. OLD BUSINESS A. Status Report on Storage of Inoperative vehicles and Vehicle Parts at 12901 Pierce Road. Mr. Peacock stated that significant progress has been made in clearing up the property and recommend that the City Council grant an extension to June 1, 1992. MONIA/ANDERSON MOVED TO GRANT AN EXTENSION TO JUNE 1~ 1992. PASSED 5- 0 B. Pierce Road Improvements - Letter from Kenneth Schoniger Mr. Ken Schoniger, 13493 Pierce Rd., stated several citizens expressed concern regarding the construction of a retaining wall on Pierce Rd. He stated the wall does not comply with City standards. He stated the 6 ft. high retaining wall is unsafe and only one citizen requested this wall. Mr. Schoniger urged the City Council to remove the wall and not reconstruct. Mayor Kohler stated he visited the site and the wall has been built according to all city requirements and also based on engineering studies. Mr. Perlin explained the function of the wall. He stated the Plan Check Engineers have looked at the wall and have expressed no concern that the wall will collapse. Mayor Kohler stated the City will provide answers to Mr. Schoniger~s concerns. C. Pierce Road Bridge Replacement - CIP 9532 Approval of design criteria. Staff recommend that the City Council approve the bridge design criteria as recommended. City Engineer Perlin stated he would like clear direction from the Council before the design is completed. He stated the Council needs to agree on the basic concept of the bridge. He stated the absolute minimum is 30 ft. side to side, although this is not staff~s recommendation. City Council Minutes Page 7 April 1, 1992 In response to Councilmember Monia~s question, City Engineer Perlin stated they are proposing to change the alignment of the bridge over the creek. Mr~ Perlin also pointed out that the other bridge on Pierce Rd. is sub-standard. Mr. Schoniger stated that the citizens do not want the bridge widened. Mr. Perlin stated the bridge was approved to be widened several years ago. He noted it has always been envisioned that the bridge would eventually be widened. Councilmember Anderson spoke in favor of making the bridge a legal width for safety reasons. Mayor Kohler stated that the residents of that area want the bridge back in operation. Me stated it is his opinion that the neighbors do not object to widening the bridge, but do not want trees removed. Mr. Schoniger stated it is unsafe to widen the bridge. In response to Mayor Kohler~s questions, Mr. Perlin stated the existing bridge does not meet City standards and has a problem with replacing the bridge as is. Councilmember Stutzman stated the existing bridge is not safe and creating another sub-standard bridge would cause liability problems for the City. He stated the City should not accept something that the City Engineer does not approve. CLEVENGER/ANDERSON MOVED TO DIRECT STAFF TO DEBIGN THE BRIDGE 32 FT. WIDE, TWO 11 FT. TRAVEL LANEB AND 5 FT. ON EITHER BIDE FOR BICYCLES AND PEDEBTRIANB~ THE ROAD TO BE ALIGNED TO MEET CITY ENGINEER APPROVAL. City Engineer Perlin stated two trees may have to be removed and this will have to be reviewed. Mayor Kohler stated the Council should be informed when considering the tree removal. Mr. Perlin stated several sketches of the bridge will be provided to the Council for review. Councilmember Monla stated he is more concerned about the alignment than the width. He added the alignment of the bridge should be kept in mind to slow down traffic. City Manager Peacock stated the alignment will have to be changed because of the bridge widening, but it will be kept to a minimum. The above motion was carried. 5-0. 7. NEW BUSINEBB A. Budget Adjustment for Legal Services City Manager Peacock stated it is staffes recommendation to adopt Resolution 91-46.9 Increasing Appropriations and Amending the FY 1992 Budget by $55,000 for Legal Services. Mr. Peacock explained the reasons for the budget adjustment. Councilmember Anderson suggested that the Finance Committee look at the alternative of having the City Attorney as an employee as opposed to contract services. In response to Councilmember Stutzmanes question, City Attorney Riback stated that for any civil actions the settlement would have to include costs for administrative and legal services. Mr. Riback outlined the litigations in process and the expenses. Mayor Kohler requested a report back on the Montalvo litigation. MONIA/ANDERSON MOVED TO APPROVE RESOLUTION 91-46.9 INCREASING APPROPRIATIONB AND AMENDING THE FY 1992 BUDGET BY $55,000 FOR LEGAL City Council Minutes Page 8 April 1, 1992 SERVICES. PASSED 5-0. ANDERSON/MONIA MOVED TO DIRECT THE FINANCE COMMITTEE TO LOOK INTO THE ALTERNATIVE OF THE CITY ATTORNEY AS AN EMPLOYEE. PASSED 5-0. B. Resolution of Intention to Undertake Proceedings for Detachment of Territory from the Saratoga Landscape and Lighting Assessment District (RavenwoodArea) C~ty Manager Peacock stated it is staff's recommendation that the City COuncil determine a date to hold public hearing and adopt the resolution. He noted he will be having a meeting with Mr. Borello. He stated the Planning Department staff have drawnup a subdivision and they were able to draw 6 lots and may be 7. If zoned R1-40 it would be difficult to get 3 lots because of the configuration of the property. He stated the issue is if the City wishes to do a General Plan amendment for this property. He stated there would be an agreement which would go along with the rezoning which would specify that upon the sale of each lot $50,000 from the proceeds Would go to the City for park development. He stated it is important that the residents be notified as to the possible rezoning. These issues should have time to be addressed, so the hearing should be held as late as possible. Mr. Ken Colson stated the issue at this hearing is to set a date for a public hearing. Heasked what happened to the money from the sale of City property, that is to be used for parks or libraries. Mr. Charles Shaw recommended that the Council address the detachment of LLA-1 district at this time. CLEVENGER/MONIA MOVED TO ADOPT RESOLUTION 92-017 SETTING REARING FOR MAY 20t 1992. PASSED 5-0. C. Memo Authorizing Publicity for Upcoming Hearings - cancellieri Appeal CLEVENGER/ANDERSON MOVED TO AUTHORIZE PUBLICITY AS RECOMMENDED. PASSED 5-0. 9. CITY COUNCIL ITEMS A. Reports from Indlvldual Councilmembers Councilmember Clevenger noted she received a letter from Supervisor McKenna asking for support for County Park Charter Fund. City Manager Peacock stated this will be on the next agenda. Councilmember Clevenger stated that IGC will vote at its next meeting to be called together only when there is a pressing item. She stated she will vote in favor of this with Council approval. There was a consensus of the Council. 10. ADJOURNMENT CLEVENGER/ANDERSON MOVED TO ADJOURN IN MEMORY OF MR. PETER SMITH WHO SERVED ON THE FINANCE COMMITTEE AND THE TRACT 7770 IbvzSTIGATIVE COMMITTEE. PASSED 5-0. Mayor Kohler stated that Mr. Smith dedicated much of his time to the City. The meeting adjourned at 10:45 p.m. , Respectfully submitted, Catherine Robillard Minutes Clerk