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HomeMy WebLinkAbout04-15-1992 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, April 15, 1992 PLACE: Civic Theater, 13777 Frultvale Ave. TYPE: -Regular Meeting Interviews with Applicants for Heritage Preservation Commission - 7:00 p.m. - Council Office Reaular Meetina - 7:30 p.m. 1. ROLL CALL Councilmembers Present: Clevenger, Monia, Stutzman, Mayor Kohler Councilmember Anderson arrived at 7:38 p.m. 2. CEREMONIAL ITEMS - None 3. ROUTINE MATTERS A. Approval of Minutes - 4/1 CLEVENGER/STUTZMAN MOVED TO APPROVE THE MINUTES OF 4/1, AS PRESENTED. PASSED 4-0 (Anderson absent) B. Approval of Warrant List STUTZMAN/MONIA MOVED TO APPROVE THE WARRANT LIST. PASSED 4-0. (Anderson 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 April 10. 4. CONSENT CALENDAR A. Plannlng Commission Actions, 4/7 - Noted and filed. B. Submittal of Draft Source Reduction and Recycling and Draft Household Hazardous waste Elements to the Callfornia Integrated Waste Management Board, Local Task Force, Santa Clara county, ABAG and adjacent cities as required by AR 939. C. Ordinance 71-106 making miscellaneous amendments to the Zoning Ordinance concerning subdivisions of sites, design review, setbacks and grading in the residential and agricultural districts (AZO-92-001) (second reading and adoption) D. Approval of request from Planning Commission for extension of time to report back to the City Council regarding Satellite Dish Antennae Ordinance E. City Financial Reports for'March: 1) Treasurer,s Report 2) Investment Report 3) Financial Report F. Authorization for attendance of Planning Director Curtis at APA Conference, Washington, D.C., May 9-13, with reasonable and necessaz7 expenses G. Authorization for attendance of Commissioner Norman Koepernik at Historic Preservation Conference, Eureka, Aprll 23-24, with reasonable and necessax7 expenses 'City council Minutes 2 April 15, 2992 M~NIA/STUTZMAN MOVED TO APPROVE THE CONSENT C~LENDAR. PASSED 4-0. (.Anderson absent) CONSENT CALENDAR II - Claims against the City .X. Claim of ~zango (subrogated by Bell Corporation of 3Unerica) in. connection with Transit Assist vehicle accident STUTZI~N/CLEVENGER MOVED TO DENT THE CLAIM OF AlaNCO. PASSED 5-0. 5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS 1) Presentation from Will Kempton, Executive Director, Santa Clara County Traffic Authority, on status of Measure A Program Mr. Will Kempton, Santa Clara County Traffic Authority, stated he is leaving the Traffic Authority and gave the Council an update on the Measure A Program. He stated the Measure A Strategic Plan is almost complete. He stated Measure A is very important to this County and feels it has proceeded efficiently. Mr. Kempton stated the Traffic Authority respected the concerns of the public. He thanked the Council for their support during the year. Mayor Kohler thanked Mr. Kempton for his dedication to the City of Saratoga. Councilmember Clevenger noted the good relationship they had with Mr. Kempton and thanked him. Councilmember Anderson noted she has a French exchange student staying with her. Mr. John Keeman, 22215 Mt. Eden Rd., stated that he is building an addition to his home, and after complying with the City requirements, he realized there were fire regulations which had to be met. He requested that the fire requirements and the building requirements be separated. He stated the Fire Department has required changes in the driveway which are impossible to meet. Mayor Kohler stated that Mr. Keeman should work with staff regarding his concerns and if they can not reach a satisfactory conclusion, he should come back before the Council. Councilmember Anderson stated this should be referred to the City Engineer. Councilmember Monia stated if an applicant is not satisfied with the administration of applications he can appeal it to the City Council. Mr. Herber Teerlink, 21810 Mt. Eden Rd., expressed concern about the bridge on Pierce Rd. He claimed $550,000 had been exacted to improve this bridge. Mr. Teerlink addressed the Northwest Hillside area and the money that should be returned to the residents because there have been no improvements to the roads. B. WRITTEN COMMUNICATIONS 1) Letter from San Jose Symphony Auxiliary to erect special event signs for 1992 Showcase Home STUTZMAN/CLEVENGER MOVED TO APPROVE THE REQUEST FOR THE SIGNS. PASSED 2) Letter from Supervisor McKenna asking Cityes support for the extension of the Countyes Park Charter Fund, which is Measure A, on the 6/2/92 ballot. MONIA/CLEVXNGER MOVED THE ADOPT RESOLUTION 92-018 IN SUPPORT OF THE EXTENSION OF THE COUNTYeS PARK CHARTER FUND. PASSED 5-0. City Council ainutee 3 April 15, 1992 6. OLD BUSINESS A. First3mendment to County-wide Household Hazardous Waste Agency Agreement. STUTZI~N/CLEVENGER MOVED TO APPROVE THE 1M~ENDNENT. PASSED 5-0. 7. HEW BUSINESS Resolution Approving the Designation of the Santa Clara County Division of Environmental Health as the Enforcement Agency for Cities Within the County (Exclusive of the City of San Jose) as Required by Section 43202 & 43203 Public Resources Code (solid Waste Regulations). City Manager Peacock reiterated comments from his memo dated April 15, 1992. ANDERSON/MONIA MOVED TO ADOPT RESOLUTION 92-019. PASSED 5-0. B. Designation of the solid waste Commission of Santa Clara County as Local Task Force under AB 939. CLEVENGER/ANDERSON MOVED TO ADOPT RESOLUTION 92-020. PASSED 5-0. C. Police Services Proposals County Sheriff, Town of Los Gatos Police Department City Manager Peacock stated this was placed on the agenda as an information item to Council. He noted he did contact the Town of Los Gatos regarding police services and staff is in the process of reviewing the proposal. He noted he will report on the Police Service proposals at the annual policy and budget review session on May 2, 1992. Councilmember Stutzman expressed concern about the booking fees. City Attorney Riback noted he is looking into this matter. Councilmember Anderson asked if Monte Sereno expressed interest in joining with Los Gatos and Saratoga. In response to Councilmember Monia's question, Mr. Peacock stated the proposal will be made public after he presents it. Ms. Ann Marie Burger, 20045 Winter Ln., noted she is interested in having copies of the proposal available to the public. HONIA/ANDERSON MOVED TO RECEIVE AND FILE AND CONSIDER FURTHER REPORT ON MAY 2, 1992. PASSED 5-0. D. Ravenwood Parksite Payment and Development Options. City Manager Peacock stated in addition to the Memo prepared by staff he received a letter from Marshall Chamberlain. Mr. Peacock reiterated comments from his memo dated April 15, 1992. He stated the issue is if the Council wish to consider further action at the May 20 public hearing, regarding the payment and development options, as outlined in the staff report. Mayor Kohler stated there are two issues, one is the deannexation and the other being how to deal with this. Mr. Allan Strong, 18407 Montpere Way, stated there is a strong need for a park on Ravenwood. He stated the current location is safe and accessible and will preserve the open space. He stated an alternative would be to dissolve the lighting district and pay for the park out of the General Funds. Mr. Warren Merten, 13975 Quito Oaks Way, spoke in opposition to the Ravenwood Park site. He stated the issue of the funds from the sale of City property has not been addressed. He stated the Quito Oaks residents do not have access to the park, but are being included in the :City Council Minutes 4 April 15# 1992 district. He stated the location is unsafe and stated not enough information has been given to the public regarding this issue. C0uncilmember Clevenger explained the distribution of the money from the sale of City property with regards to the Pavement Management P~ogram. She noted in order to get this money out of the general fund they must go through a budget process and the park can still be recovered. Councilmember Monia stated there is still $6 million in the bank. Councilmember Stutzman stated according to the General Plan, the park must be within one 1/2 to I mile radius. He stated parks can not be immediately accessible to every resident. Mr. Philip Jensen, 13821 Ravenwood Dr., stated he appreciates the letter received regarding this meeting. Mr. Jensen reiterated the votes against the Ravenwood Park. He stated the area at Quito/Pollard is a good location for a park. He urged the Council to dissolve the LLA-1 District and sell the Ravenwood lot and develop a park at Quito/Pollard. He feels real estate values will decrease if there is a park in the area. Councilmember Monia stated there was no wording in the petition about not wanting a park. Me requested that Mr. Jensen bring a copy of the petition to the next hearing regarding this issue. Councilmember Anderson stated the petition reflected the residents not wanting to pay for a park as opposed to wanting a park and the City pay for it. Mr. Charles Shaw, 13920 Ravenwood Dr., reiterated comments from Marshall Chamberlain's letter. He stated a park is not needed on Ravenwood. He requested that the Council dissolve LLA-1 District. Mr. Leonard Borello stated he had a meeting with Mr. Santoro and Mr. Peacock regarding the purchasing of the property. He stated if the sale goes through there are no immediate plans to develop it. He stated the disolvement of the district should be separated from the possible acquisition of the park site. Mr. Peacock stated these are separate issues and the issue at this meeting is to consider discussion of the rezoning of the Santoro property. Mr. Dale Drumm, 18395 Montpere Way, expressed concern about more development of homes, as suggested. He stated there should be a park on the Ravenwood site. He feels a park on Quito/Pollard is not adequate. Mr. Robert Williams stated he has no opposition to the rezoning of the Santoro Property for development. Councilmember Monia suggested looking at a time table for developing a park and this discussion should be placed on the agenda. City Manager Peacock stated thisis in the Capital Improvements Plan and will be revised in June. He stated the plans are to develop a park next fiscal year. Councilmember Clevenger suggested the following discussions be held at the May 20th meeting: 1. Disolvement of the district. 2. Possible rezoning Of the property. 3. Development of a park. E. Authorization of Publicity for Upcoming Hearings CLEVENGER/ANDERSON MOVED TO AUTHORIZE THE PUBLICITY FOR UPCOMING HEARING8. PASSED 5-0. Mayor Kohler moved to the public hearings at 8:45 p.m. City Council Minutes 5 April 15, 1992 8. PUBLIC HEARINGS: A. Appeal of denial of variance to allow a partially constructed, 6 ft. tall, black chain link fence to extend into a required front yard setback where a 3 ft. tall fence is allowed at 13852 · Upper Hill Drive. (Appellant/applicant, williamson) (V-92-002) Planner Walgren presented the staff report dated April 15, 1992. He reiterated the Planning Commission's reasons for denial, as outlined in the staff report. In response to Councilmember Anderson's question, Mr. Walgren stated other chain link fences in the area were approved back in 1987 when chain link fences were permitted. Mayor Kohler opened the public hearing at 8:48 p.m. Mr. John Williamson, 13852 Upper Hill Dr., stated the request for the fence is not primarily to keep the deer out, but the main concerns are privacy and security. He stated the Council received one letter in opposition to the fence, noting other neighbors do support this fence. Mr. Williamson presented a drawing showing the fence. He outlined the chain link fences in the surrounding neighborhood. He outlined where the fence would go if they were required to have the 30 ft. setback, noting this is not practical. He noted they are not asking for special privilege. He stated vines would be placed on the fence to make it attractive. He urged the Council to approve the fence. Mr. Wayne Johnson, 13877 Upper Hill Ct., spoke in support of the fence. He stated the fence is needed for privacy. Mrs Williamson presented a letter and petition to the Council in favor of the fence. Mayor Kohler closed the public hearing at 8:55 p.m. Mr. Peacock stated, for the record, the letter submitted by Mr. Williamson was from Mr. Boise and the petition was signed by 8 neighbors in favor of the fence. Councilmember Anderson stated that Dr. Head has a chain link fence which is covered with foliage and it is attractive. She stated if the fence is moved back 30 ft. the privacy will not be protected. Councilmember Stutzman stated a chain link fence will not address the privacy issue. He did not feel that security would be protected. He stated a hedge would be more acceptable than a chain link fence. Councilmember Clevenger stated Dr. Head had art work to protect and this was the reason for the variance for the chain link fence. She stated the fence ordinance may need to be reviewed. Councilmember Monia stated much of the fence on Dr. Head's property already existed, but this is a different issue. He stated he can not make the findings to support the variance. Mayor Kohler stated there is a hillside ordinance and property owners need to comply with this. He stated a chain. link fence is unattractive. MONIA/CLEVENGER MOVED TO UPHOLD THE PLANNING CO1OIISSIONS DENIAL OF ~HE VARIKNCE. PASSED 4-1 (~nderson No). B. Appeal of denial of use permit approval to establish a liquor store in an existing buildlng located in the Saratoga Village within a Commerclal Historic (C-H) zone district per Chapter 15 of the City Code. (Appellant/applicant, Cancelllerl) (UP-92- 001) Planner Walgren presented the staff report dated April 15, 1992. He stated the Planning Commission deadlocked after two meetings and now it is being appealed to the City Council. He stated in staff's opinion icity Courtoil Minutes 6 April ~5, 1992 the Use Permit findings can be made to grant the Conditional Use P~rmit. Councilmember Anderson requested that the City Attorney outline what the City can legally do regarding this issue. City Attorney Riback stated the application was filed and signed by the property owner and a liquor store operator. The zoning ordinance requires that a property owner be an applicant or a co-applicant signee for the Use Permit. He stated the Use Permit does run with the land. He stated the Use Permit is applied for, whether there is a tenant or not. He stated the Council do not have the right to deny the application based solely on the type of tenant. He stated if the findings of the Use Permit can be met, it should be granted. Mr. Riback went on the explain the Conditional Use Permit. He stated economic viability can not be discussed. What can be discussed is the concentration of this business within the village and the effect it will have on other businesses as well as the atmosphere as a whole. He suggested the Council ask the public. for specific reasons for and against the conditional use permit. Me stated the public health, safety and welfare of residents must be considered when discussing the Use Permit. Mayor Kohler opened the public hearing at 9:16 p.m. Mr. Robert Cancellieri, 14860 Cody Lane, requested a conditional Use Permit. He stated he has been in business in the village area for 30 years. He stated the previous liquor store had no problems. He stated they want to rent the store to a solid tenant, someone who will contribute to the City. Councilmember Anderson thanked Mr. Cancellieri, on behalf of the parents of the school children in Saratoga, for the use of his building for their campaign. Warren Lampshire, representative for Mr. Cancellieri, thanked Councilmember Anderson for observing other liquor stores. He stated the potential tenant is no longer interested in Saratoga because of the opposition. He stated a conditional use permit is valid for 24 months and expires if not used. He noted when observing the existing liquor store, there were no problems. He stated Mr. Cancellieri needs a single tenant to operate his building. Me noted other possible uses, Restaurant, Bar, Pizza Parlor, market, dell or dry cleaning. He requested the Council honor the Use Permit so Mr. Cancellieri can get a solid tenant. City Attorney Riback stated the Conditional Use Permit would expire 90 days after the business goes out of business. He stated there is no expiration as long as the business is continued. Mr. Charles McFall, 3396 Londonderry Dr., past owner of the Hardware store, stated another liquor store would decrease the image of the village. He suggested more businesses like clothing and shoe stores. In response to Councilmember Clevenger's question, Mr. McFall stated the existing building needs fixing up to be functional. He stated a hardware store would be successful, but it would take three to four years. Ms. Diana Dietzman, 14407 Big Basin Way,'noted she sent a letter to the Council. She expressed concern about the liquor store. She stated another liquor store is giving the youth the wrong message. She suggested an appraisal firm come in to study what may be economically feasible for the village area. She expressed concern about safety and requested denial of the Use Permit. Mr. Ray Rossi, 14413 Big Basin Way, expressed opposition to the liquor store. He noted he would have no objections if the store was further away. He stated he did an informal poll and people do not want the liquor store. Ms. Shauna Ebert, owner of the bookstore, spoke in opposition to the liquor store. She expressed concern regarding the safety of her City Council Minutes 7 April 15, 1992 employees and the litter from other liquor stores. She feels her business will be hurt if it is located between two liquor stores. In response to Councilmember Moniaws question, Ms. Ebert stated that any kind of establishment would be appropriate other than the sale of liquor. Mr. L. M. Sullivan, 20570 Canyon View Dr., stated he has been in business for 25 years in Saratoga. He feels the City has adequate services from the Sheriff~s Department and the back parking lot, as addressed earlier, is kept clean. He stated the liquor stores would be too close together. Mr. Timothy Barbau, 14425 Big Basin Way #2, stated he sees what goes on in the evenings and after hours at the existing liquor store. He expressed concern that another liquor store will just increase the existing problems. Mr. Barbau also expressed concern about under age drinking. Mr. Jacoba Sokil, 19246 DeHavilland Dr. stated there are problems at the existing liquor store and is concerned about safety. He noted he is opposed to the liquor store. Ms. Michele Morrison, 21142 Sullivan Way, stated she is strongly opposed to another liquor store in Saratoga. She expressed concern regarding safety and noted the City will not benefit from another liquor store. Mr. Tom. Pashos, 15041 Piedmont Rd., spoke against the proposed liquor store. He feels this will put the current liquor store out of business. Ms. Linda-Jean Woodruff, 14425 Big Basin Way #3, expressed concern about the liquor stores being too close together. She stated this is not a good environment for children and urged the Council to deny the Use Permit. Dr. Meyer Heller, 14696 Bougainville Ct., stated Saratoga has a good balance of stores and another liquor store is not good for the community. He expressed concern about loiterers behind the existing liquor store. He noted there is a petition with 700 signatures against the proposed liquor store. Mr. David Sorensen, 14493 Oak St., stated he is against another liquor store and the city needs a mix of businesses in the Village area. Mr. Otto Crawford, 12471 Green Meadow Lane, addressed the petitions opposing the liquor store. He stated there needs to be a mix of businesses in the Village. Mr. Harry Lulla, 19099 Austin Way, spoke in opposition to the proposed liquor store. He stated a liquor store will not be beneficial to the community. Mr. Gene Zambetti, 14540 Big Basin Way, noted he received a letter from Los Gatos School District, opposed to the proposed liquor store. He stated there needs to be a use forthe building which will increase the sales tax in the Village area. Mr. George Kirk, 20270LaPaloma Ave., stated the character of the City is important and the Council should consider denying the use permit. Mr. Cancellieri stated he has been in business for many years and there has been no problems with two liquor stores in the Village. Mr. Lampshire stated there may be a wine store interested in coming to Saratoga. They will sell gourmet foods as well as gourmet wines. Mayor Kohler closed the public hearing at 10:10 p.m. Councilmember Anderson noted she talked to many mothers who have concerns about another liquor store in Saratoga. She expressed concern about teens working in the liquor store and would like to see this :City Council Minutes 8 April 15, 1992 stopped. She feels the proposed liquor store is too close to the e~isting one and would like to see an approach for the Youth of the Cgmmu~ity that does not involve alcohol. She stated she will be opposing the Conditional Use Permit and noted there is no community s~pport. Councilmember Anderson pointed out that she did visit three other liquor stores. Councilmember Monia stated the issue is for free enterprise vs. government regulations. He expressed concern about the concentration of any one enterprise in the one area. He feels the City has the responsibility to offer mutual beneficial enterprises because of the unique character of the Village area. He feels there are enough liquor services in the City and will be opposing the Use Permit. Councilmember Stutzman stated he has no problem granting a use permit, but is concerned about the whole change of the City. He stated residents must go to other cities to get everyday services. Councilmember Stutzman outlined a number of business that could benefit the residents. He stated the City has enough liquor stores and would oppose this Use Permit. Councilmember Clevenger read a letter from the merchants, which noted a liquor store is not appealing to families and visitors. She stated because of the concentration of liquor stores she will deny the Use Permit. She noted for the long term effect, a liquor store is not a good idea. Mayor Kohler stated they need to increase the businesses in Saratoga and this can only be done with variation. He stated he is against the Use Permit. ~NDERSON/CLEVENGER MOVED TO DENY THE USE PERMIT TO ESTABLISH A LIQUOR STORE IN ~ EXISTING BUILDING WITH THE FOLLOWING FINDINGB~ 1. PUBLIC HEALTH ~ SKFETY 2. NOT CONDUCIVETO ATTRACTING RETAIL BUSINESS IN ADDITION TOW HAT IS THERE Councilmember Monia requested the motion be amended to add the following additional findings: 3. DOES NOT ENCOURAGE A TOWN CENTER MIX OF SPECIALTY SHOPS 4. WOULD NOT PROVIDE FOR A STABLE AND ATTRACTIVE COMMERCIAL DEVELOPMENT FOR THE RESIDENTS OF SARATOGA. The above motion was passed. 5-0. City Manager Peacock stated the Councilmembers must deny with or without prejudice. city Attorney Riback explained with and without prejudice. Councilmember Anderson stated the existing liquor store may go out of business and there would be no reason to deny this application, therefore she would deny without prejudice. ANDEREON/CLEVENGER MOVED TO DENY WITHOUT PREJUDICE. Mayor Kohler stated he would support a denial with prejudice as this would encourage variation. The above motion failed. 1-4 (Clevenger, Monia, Stutzman, Kohler No). MONIA/CLEVENGER MOVED TO DENYWITH PREJUDICE. PASSED 4-1 (Anderson NO) C. Appeal of denial of site modification approval to allow the neighborhood residents to construct and maintain a private entrance gate within the McBain and Gibbs subdivision/NER Zone district in the vicinity of Tollgate Rd./Quail Ridge Ct. and Deersprings Ct. (Appellant/applicant, Mccormick et al.) (SM91- 00S) (cont'd. from 3/4/92) Planner Walgren presented the staff report dated April 15, 1992. City Council Minutes 9 april 15, 1992 Mayor Kohler opened the public hearing at 10:48 p.m. Ms. Virginia Fanelli, representing Quail Ridge Homeowners, reiterated the reasons the Planning Commission denied the site modification, as outlined in the staff report. She stated this is an existing access. Ms. Fanelli explained the subdivision and the location of the houses.. She stated there is no prohibition of gates on private roads in the General Plan and does not believe this should have gone through the Planning process. Ms. Fanelli reiterated the reasons for wanting the gate. She does not believe the City has the right to tell property owners who may use or trespass on their property. She noted other communities where gates have been placed. She noted the Fire and Sheriff's Department have signed a letter in favor of this gate. In response to Councilmember Stutzman's question, Ms. Fanelli stated the gate will be electronically operated with pedestrian access and there is an emergency access. Mayor Kohler expressed concern about emergency access and people' exiting in the time of an emergency. Ms. Fanelli stated the Fire and Sheriff's Department have access to the gate. She noted the trails are on the opposite side of the gate and will not be affected. Ms. Janice McCormick, 21424 Toll Gate Rd., spoke in support of the gate. She noted the Planning Commission suggested putting up private road signs, but these were destroyed. She stated there is no reason for people to be in this area and they want to limit traffic. Mr. Bob Araldi, 21437 Toll Gate Rd., stated the gate is constructed in a way to deal with disasters. He stated they are trying to preserve the hillsides and community. He noted he objects to the continuous stream of cars and he reported damage to his property. Mr. Araldi stated he resents having to go through the City and hire a person for the gate requested. Councilmember Clevenger stated the residents do not have to hire a person to come before the City Council. She commended the residents for their presentations regarding this issue. Mr. Frank Saude, 14599 Deer Springs Ct., spoke in support of the gate. He expressed concern about trespassers and safety. He feels a neighborhood watch will not be effective. He noted that skateboarders are a problem. He stated if the City does not approve the gate, they should maintain the road. Mr. Gin Huang, 14590 Deer Springs Ct., expressed concern about safety and feels the gate is necessary. He noted there was forced entry into his home. Ms. Fanelli reiterated reasons for the gate. She noted other communities in the City who have a gate and it works smoothly. She stated if the site modification is not granted, the City should take over the road and be held liable. Resident, stated he owns property in this area and is constantly cleaning up beer cans, etc. Mayor Kohler closed the public hearing at 11:25 p.m. In response to Mayor Kohler's question, Planner Walgren stated the gate will not interfere with the scenic easement. City Attorney Riback explained what a private road is. He stated the property is in ownership of the property o~rners. He stated the road is part of a subdivision approved by the City and as such the City has the right, at the time, to determine the legal status of the road. Mr. Riback noted the City has the right to approve site modifications to the subdivision, and the gate is a modification. In response to Councilmember Clevenger's question, Planner Walgren City Courtoil Minutes 10 April 15, 1992 oatlined the private roads in Saratoga. He stated staff is working on a~policy regarding gating private roads. Councilmember Clevenger stated if this was approved it may be setting a'precedent. Councilmember Anderson stated the Planning Commission denied this. application and then directed staff to draft a policy. Councilmember Stutzman stated one reason for the denial was granting a special privilege. He does not feel the reasons outlined for granting this modification are adequate for special privileges. In response to Mayor Kohler~s question, City Manger Peacock stated there is a legitimate policy for having private roads. He stated this road is structured to be a private street, he feels there are not many situations, like this one, that will arise. He stated whichever way the Council votes it will affect the future policy. Councilmember Monia questioned if there is a conflict with the Northwest Hillside Specific Plan. He expressed concern about setting a precedent for gated communities. Planner Walgren stated the Northwest Hillside Specific Plan is to keep a rural and open character of the hillsides. Mayor Kohler stated if this is a private road, then private rights should not be taken from the property owners. Councilmember Anderson also expressed concern about setting a precedence for gated communities. Mayor Kohler stated the open space is not denied to the community as a result of this gate. MONIA/KOHLER MOVED TO APPROVE THE 8ITE MODIFICATION TO ALLOW THE NEIGHBORHOOD RESIDENTS TO CONSTRUCT AND MAINTAIN A PRIVATE ENTRANCE GATE. PASSED 3-2 (Stutzman, Monia No) Councilmember Monia left the meeting at 11:50 p.m. 7. F. Letter and Agreement with the Montalvo Association regarding the 1992 Concert Season City Attorney Riback stated last year the City Council approved executing some conditions to regulate the activity of the Montalvo Concert Season. He ~ted these conditions have expired and have not been renewed for the 1992 season. He stated Montalvo and the City have been involved in litigation, which has complicated the matter. He stated a Letter of Agreement is now before the City Council for their review. Councilmember Clevenger stated they could not work out a solution with Montalvo and the courts had to make a decision. She does not see any reason why the City should be involved. Councilmember Stutzman asked why the City Council was not informed that the Letter of Agreement had expired. City Attorney Riback stated he did discuss. this with the City Council in a closed session and the approachwas not to enter into an agreement but rather voluntary compliance. Councilmember Anderson stated they do not have the voluntary compliance. She suggested that Montalvo limit the number of people attending the concerts and have two less concerts. Mr. Wolf Andre Wanka, 15486 Madrone Hill Rd., stated none of the neighbors were informed of the Letter of Agreement. He stated many of the neighbors feel that the last agreement failed. He expressed concern about no use permit, noting it is affecting property values. He stated ~illa Montalvo should not be allowed to operated at the cost of the residents. He also expressed concern about the loudness of the City Council Minutes 11 April 15, 1992 music. Ms. Debra Cauble, 1740 Technology Dr., San Jose, representing Montalvo Association, stated the litigation has caused many problems. She stated the concerns seem to be the nnmher of activities. Ms. Cauble outlined the concert schedules and where they will be held. She noted they anticipate selling less than 2000 tickets. She stated the. symphony concert can be moved indoors. In response to Councilmember Anderson's concerns, Ms. Cauble stated they will work with the City to address their concerns. City Manager Peacock stated Montalvo cooperated with the City last year. He noted the noise stayed within the limits and from staff's perspective Montalvo abided by the agreement. Mayor Kohler noted he voted against this in the past and stated the noise is excessive. He stated a letter is not adequate. Councilmember Anderson stated she is satisfied to continue with this yearns program, but does not want the same situation to happen again. ANDEPaON/CLEVENGER MOVED TO ASK FOR THE LETTER OF AGREEMENT AGREEING TO ABIDE BY LAST YEARNS CONTRACT AND MODIFYING THE TWO ADDITIONAL LAWN CONCERTS SO THAT THE ATTENDANCE WOULD BE LESS THAN whAT IT WOULD BE IN THE BACK. PASSED 3-1-0 (Kohler NO, Monia absent) Request to Join the writ of Mandate or Letter in Support for SB 2557 Coordinated Proceeding (Booklng Fees, Property Tax Administration Fees) CLEVENGER/ANDERSON MOVED TO JOIN THE WRIT OF MANDATE BY LETTER IN SUPPORT FOR SB 2557 COORDINATED PROCEEDING. PASSED 4-0 (Monia absent) 9. CITY COUNCIL ITEMS A. Appointments to the Heritage Preservation Commission STUTZMAN/CLEVENGER MOVED TO REAPPOINT NORMAN KOEPEANIK. PASSED 4-0 (Monia absent) STUTZMAN/CLEVENGER MOVED TO APPOINT LARRY FINE. PASSED 2-1-1 (Kohler opposed, Anderson abstained). A. Reports from Individual Councilmembers Councilmember Clevenger expressed concern regarding the discussions on the Housing Element. She stated the Council directed the Planning Commission to review the draft they had previously worked on, but they worked on another draft. She expressed concern that the Council will not see the draft before it goes to the State. City Manager Peacock stated that the draft should go to the State and then come back to the City Council with the revisions. He noted it would be difficult to modify if the Council reviewed the draft before going to the State. Councilmember Clevenger stated she has a copy of the original draft the Commissioners were working on and would submit a copy to staff. She noted it should be made available to the Planning Commission. Mayor Kohler reported on the Mayors and Managers meeting. B. Determine whether to hold a community workshop at 7:30 p.m. on May 5th in the Community Theater as an adjourned City Council meeting. There was a consensus of the Council that the City Manager would hold the community workshop on May 5, 1992. 10. ADJOUENMENT The meeting adjourned at 12:35 p.m. to April 20th for joint meeting City Co~cil ~inutee '12 ~pril 15, 1992 with Saratoga Union School District, to~ril 21st for joint meeting 'with the ~s Gatos/Saratoga Joint High School District, and to May 2 for annual policy and budget review conference. Respectfully s~mitted, Catherine Robi~a~rd Minutes Clerk