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HomeMy WebLinkAbout05-20-1992 City Council Minutes MINUTES S~R~TOG~ CITY COUNCIL TI~E: Wednesday, May 20, 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 Perlin, Planning Director Curtis. 2. CEREMONIAL ITEMS A. Resolution appointing larry Fine and reappointing Norman Koepernik to Heritage Preservation Commission B. Administration of Oath of Office to above 3. ROUTINE MATTERS A. Approval of Minutes - 5/2~ 5/6~ 5/12 STUTZMAN/ANDERSON MOVED TO APPROVE THE MINUTES OF 5/2, AS PRESENTED. PASSED 5-0. Councilmember Monia requested that Mr. Stuart~s comments be addressed in the minutes of 5/6 page 3, under written communications. Councilmember Monia made corrections on Page 8, paragraph 7, he noted he did not request the letter from Mr. Romero be made part of the record. STUTZMAN/ANDERSON MOVED TO-APPROVE THE MINUTES OF 5/6, AS AMENDED. PASSED 5-0. Mr. Jeff Schwartz stated that he showed a slide presentation at the last hearing regarding illegal political signs posted by Candidates Burger and Tucker. He stated the signs were still up at that time. He noted he would like this reflected in the minutes of 5/6. MONIA/ANDERSON MOVED TO APPROVE THE MINUTES OF 5/12, AS PRESENTED. PASSED 5-0. B. Approval of Warrant List CLEVENGER/ANDERSON 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 May 15. 4. CONSENT CALENDAR A. See below. B. Youth Commission Minutes, 4/13 - Noted and filed. C. Public Safety Commission MinutSs, 5/11 - Noted and filed. D. Parks and Recreation COmm~ssiOn Minutes, 3/2 - Noted and filed. E. Proclamation on the 46thAnniversaryof the Founding of the Italian Republic F. Actions in Connection with Uniform Code for Abatement of Dangerous Buildings 1) Minutes of Appeals Board, 3/5, 4/24 - Noted and filed. Saratoga City Council Minutes 2 May 20, 1992 2) Final Notice and Order re: Property at 13150 Saratoga Avenue (Paul Masson Winery) G. Ordinance Revising Building Code Regulations concerning 16-15,210 (General Provisions) of the Building Code Regulations (second reading and adoption) H. Award of contract to Lionsgate Corporation in the amount of $116,700 for Wildwood Park Bridge I. City Financial Reports for April: 1) Treasuretee Report 2) Investment Report 3) Financial Report J. Resolution ratifying Priority of Transportation Projects eligible for funding under ISTEA Councilmember Anderson removed item 4A of the Consent Calendar. MONIA/STUTZMANMOVED TO AppROVETHE CONSENT CALENDAR WiTH THE EXCEpTiON OF ITEM 4A. PASSED 5-0. 4. A. Planning Comm~ssion Actions, 5/13 Councilmember Anderson stated there are still problems with Planning CommiSsioners being absent at Planning Commission Meetings. She suggested the Planning Commission work on an attendance policy to be ratified by the City Council. Mayor Kohler concurred with Councilmember Anderson and stated this needs to be looked into. ANDERSON/MONIA MOVED TO APPROVE ITEM 4A. PASSED 5-0. 5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATION8 1) Public Safety Commission regarding Law Enforcement Services proposals Ms. Ann Dawson, Chair, Public Safety Commission, stated the Public Safety Commission agree that both the Sheriff's Department and the Los Gates Police Department would offer a high level of service to the Community. She stated over the last several months the Public Safety Commission has monitored both the Los Gates Police Department and the Sheriff's Department and it is the opinion of the Public Safety Commission that the contract with the Sheriff's Department be extended. She stated it is not feasible for the Los Gates Police Department to provide adequate services to the City by July 1992, noting they do not have the staff available. Ms. Dawson read her report to the City Council outlining reasons why the Sheriff's Contract should be renewed and why the City should not contract with the Los Gates Police Department at this time. Councilmember Clevenger noted Ms. Dawson has raised issues which have not been addressed. She suggested a study session with the Public Safety Commission and City Council, to address some of the issues raised by the Public Safety Commission. Mr. Gene O'Rorke, Public Safety Commissioner, stated many of the .issues raised can only be solved during negotiations with the law Enforcement Agency. Mr. O'Rorke outlined the problems with communications between the high schools and the Sheriff*s Department. He noted that better communication needs to be established between the two. Councilmember Anderson suggested having a meeting with the Parents and Teachers at Saratoga High School to discuss the issues and Saratoga city council Minutes 3 May 20, 1992 recommendations of the Public Safety Commission. Mr. O'Rorke stated this meeting will be scheduled in the near future as the Sheriff's Department have initiated this action. Mr. Tod Likins, 20300 Herriman Ave., Superintendent, Los Gatos/Saratoga School District, representing himself, noted that he has worked with both the Sheriff's Department and the Los Gatos Police Department when working on the Drug Free Coordinating Council. He stated Los Gatos Police Department works directly with the schools and noted the Police Department is aware of the expectations of Saratoga residents. He feels the Sheriff's Department do not offer the same type of service. He expressed concern about the attitude the young people have towards the Sheriff's Department and does not see this in Los Gatos. He noted for the young people of Saratoga the City should take advantage of this opportunity for improvement. Ms. Donna Lynd, 208 E. Main St., Executive Director, Senior Coordinating Council, spoke in favor of the Los Gatos Police Department. Ms. Lynd outlined her experience with the Los Gatos Police Department noting it has been very positive. She stated the Los Gatos Police Department is an integral part of the Human Services community. Ms. Eleanor Vora, 110 LansberryCt., Director, Live Oaks Communications Center, spoke in favor of the Los Gatos Police Department. Ms. Vora explained the programs they have with the Los Gatos Police Department. She stated the police Department play an active role in fund raising for the community as well as offering assistance to the elderly of the community. Ms. Kristin Bowman, 14545 Carnelian Circle, stated she is an active member of the Community Against Substance Abuse. She noted she has had direct contact with both the Sheriff's Department and the Los Gatos Police Department regarding substance abuse. She noted she received little response from the Sheriff's Department, but feels Los Gatos Police Department were more responsive to the residents' concerns. Ms. Bowman discussed the Party Ordinance. She noted her home was burglarized and the response time from the Sheriff's Department did not seem adequate. Ms. Barbara Bocks, President, Saratoga High School PTSA, noted she heard positive comments about the Sheriff's Department, except for communications between the teens and the Sheriff's Department. She stated this is a very important issue. She stated there needs to be good communication between the two. She noted the PTSA require some pro-active approach between the teenagers and the Law Enforcement agency that exists in Los Gatos. Mr. Tom Albanese, 15435 Pepper Ln., stated this is a chance to change a situation which can help build the community. He stated Los Gatos Police Department has many good programs which help the young and the elderly of the community and this should be a priority. He noted the emergency response time from the Los Gatos Police Department is acceptable. He suggested the Council contract with the Los Gatos Police Department. Councilmember Anderson noted that Mr. Bill Carlson's restaurant is serving the Jaimeson Street Mission tonight. Mr. Bill Carlson, 14503 Big Basin Way, read a letter to the City Council, a copy of which was submitted to.each Councilmember. Ms. Carol Mauldin, 14242 Spring Dr., stated issues raised about the Sheriff's Department and the teenagers can be worked out. She spoke in support of renewing the contract with the Sheriff's Department. Councilmember Monia expressed concern about going through a lengthy process and suggested the Council make a decision before the end of the current contract. Councilmember Clevenger stated the Council should take the advice of the Public Safety Commission and sign the agreement with the Sheriff's Department, with the 60 day cancellation clause. She noted this gives s~rat~ga city Council Minutes · May 20, 1992 t~me to answer the questions raised by the Public Safety Commission. S~e noted it is not possible to have all the answers before July 1, 1992. C0uncilmember Stutzman stated the Council have had adequate input on this issue. He stated he is impressed with the report from the Public Safety Commission and would accept their recommendation. C0uncilmemberAnderson noted that residents do have concerns regarding emergency services of the Los Gatos Police Department. She noted merchants have spoken in favor of the Sheriff's Department, but noted the problems with the high schools. She recommended contracting with the Sheriff's Department and request them to work with the high schools to resolve any problems. She suggested the City make a commitment to work with the schools as well and the Law Enforcement Agency. Mayor Kohler expressed concern about the time period to build up the Los Gatos Police Department so they could handle the services required by the City of Saratoga. City Manager Peacock stated they have not got this far in discussions. Councilmember Anderson stated there needs to be improvements between the schools and the Sheriff~s Department and if no improvements are made then the contract will be in jeopardy. Councilmember Monia suggested discussing the Public Safety Commisslon~s concerns with the Sheriff~s Department and give them sufficient time to improve in these areas. He does not feel the 60 day cancellation period is sufficient time. He stated if improvements are not solved negotiations should be kept open with the Los Gatos Police Department. Mr. O~Rorke stated in the current agreement services are specified. He noted in the past the schools asked for school resources officer and this was not provided and may be required at this time. In response to Councilmember Anderson's question, Mr. O~Rorke stated the Party Ordinance is'effective. There was a consensus of the Council to work with the Public Safety Commission and staff and continue to work on the contract with the Sheriff~s Department. Councilmember Clevenger suggested meeting with the Public Safety Commission to discuss the issues raised. Mr. Peacock noted he has met with other Cities around the County. He noted he will be writing the Transfer Policy. He stated the contract does not specify the service levels and suggested that the Council specify any changes. He noted he will include the School Reserves Officer. Ms. Anne Gadd, 3531 Nova Scotia Ave., San Jose, stated the Sheriff~s Department does provide a good service, but feels it would be an upgrade to contract with the Los Gatos Police Department. B. WRITTEN COMMUNICATIONS 6. OLD BUSINESS A. Memo from City Engineer concerning Freeway Issues Ms. Barbara Namian, 12910 Cumberland Dr., submitted petitions to the Council regarding the increase in noise with the freeway construction. She noted after discussing the noise issues with the neighbors, they feel that Cal-Trans and the City have not taken the steps to address the noise. She asked when the planting of trees will be done along the soundwall and asked if enough money had been allocated. She requested that the City take the necessary steps to alleviate the noise of the construction. Mayor Kohler asked if the City has received a report from the Traffic Authority regarding reflective noise. Saratoga City Council Minutes 5 May 20, 1992 Mr. Peacock stated he did talk to Mr. Kempton of the Traffic Authority who expected to have a response from the State as to how they would address this problem by the end of the summer. He noted, regarding the landscaping, the City is working with an architect on conceptual plans and hopes to have a response from the State for the City to review. He stated the landscaping will be put in after the construction. Councilmember Clevenger stated the landscaping can not be planted until the freeway is complete. She stated that Saratoga needs to take a pro- active stance on this issue and hopes the Council will continue to pursue this matter regarding noise as well as the landscaping. Ms. Namian stated that the landscaping should be planted as soon as possible because of the growth period. Councilmember Monia expressed concern about. the amount of funds allocated. He stated they need to move forward with this and suggested creating a committee to work with staff to better define if the funds are sufficient and what steps the City needs to take to address the issues. Councilmember Clevenger stated this needs to be a top priority. Mayor Kohler stated the committee or task force, as suggested by Councilmember Mon!a, should look at the technical problems relating to noise and address these as well. Councilmember Stutzman stated this should be a community effort. He noted plants and trees can be purchased from the State at a minimal cost, which will grow rapidly to provide adequate mitigation. Councilmember Monia stated the Council should direct staff to place a notice in the Saratoga News informing people of the task force. Councilmember Anderson stated the City will be building walls on Bonnet Way and the City should have adequate information regarding the reflective noise. She also noted that a water system needs to be in place before trees are planted. Mayor Kohler moved to the public hearings. 8. PUBLIC HEARING8 - 8:30 p.m. A. Detachment of ~nnexation 1991-2 from Landscaping and Lighting District LLA-1 City Manager Peacock noted he received two written communications from Mr. Joel A. Sharon and Robert Egan. City Manager Peacock stated that the issue of developing Ravenwood Park is not the subject of the hearing, but to discuss detachment of LLA- 1. He stated the issue of the park is a budget decision, which will be discussed next month at the budget hearing. Mayor Kohler noted, for the record, he received a letter from Ms. Elaine Westendorf, in favor of the park. Mr. Peacock stated the land was purchased by the City last year and this is not the issue. Mayor Kohler opened the public hearing at.9:03 p.m. Ms. Charlle Enscore, 18291 Montpere Way, stated she supports the City Council's decision to develop a park on Ravenwood to maintain the open space and serve the residents of the area. Mr. Dale Drumm, 18395 Montpere Way, stated he would like assurances from the City Council that there will be a park developed. He stated many people attended this meeting to address the park issue. Mr. Drumm submitted a petition to the Council in favor of the park at the Ravenwood site. He stated he has no opposition to rezoning the property at Quito and Pollard and use the money to develop a park and handed a petition supporting this. S~ratoga City Council Minutes 6 May 20, 1992 C0uncilmemberAnderson suggested that Mr. Drumm obtain more signatures regarding the rezoning. M~. Allan Strong, 18407 Montpere Way, suggested the park be financed through the General Funds. Also the rezoning of the Pollard and Quito site is a solution as well as continuing the assessment district. Be stated he would like to see a vote' for a park at this hearing. Councilmember Anderson stated they can not take a vote as this discussion is not on the agenda. City Manager Peacock stated the development of the park is in the 1992/93 budget and there has been no suggestions to change this. Councilmember Clevenger stated it is against the law'to vote on an item which is not on the agenda. Ms. Dyna Levin, 12780 Ravenwood Dr., stated there are many parks in Saratoga and asked which ones were paid for by the residents. City Manager Peacock responded that the residents of the Beauchamps subdivision paid for their neighborhood park when they purchased their lots, since the City required the developer to dedicate 2.5 acres of land for the Beauchamps Park site which will be developed this summer. Funds for development come from the Park Development Fund. This is true of the Beauchamps Park and would be true of Ravenwood Park as well. Mr. Charles Shaw, 13920 Ravenwood Dr., spoke in favor of the deannexation of LLA-1. He noted 80% of the people in LLA-1 want to dissolve the district and eliminate the tax. He urged the Council to dissolve the district. Mayor Kohler closed the public hearing at 9:18 p.m. CLEVENGER/ANDERSON MOVED TOAD OpT ARESOLUTION DETACHING TERRITORY FROM AN EXISTINGASSESSMENTDISTRICTKNOW AS "CITY OF SARATOGA LANDSCAPEAND LIGHTING MSESSMENT LLA-1, ANNEXATION NO. 1991-2n PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972. PASSED 5-0. B. Appeal of-denial of use permit to operate a large family daycare home in anR-l-10,000 zone district at 18444 Purdue Dr. (Applicant/appellant, A. Fathall; UP91-008) City Manager Peacock stated he received letters from Mr. Claude Tomlin and from Mr. & Mrs Johnson, both in support of a denial of the Use Permit. He noted the applicant did submit a petition in favor of the Use Permit and also provided a map, outlining neighbors in favor of the Use Permit, which was presented to the City Council. Planning Director Curtis presented the staff report. He noted the major concern of the Planning Commission was the safety issue to both neighbors and the children. He stated the Planning Commission could not make the findings, therefore recommended denial. Mayor Kohler opened the public hearing at 9:37 p.m. Mr. Ed. Clements, 595 Park Ave, #101, San Jose, representing the applicant,.stated the State Policy favors day care homes as opposed to centers. He stated any zoning restrictions should be reasonable. He noted Mr. Fathali operated the home with five children and the request is for seven additional children. He did not feel that traffic would be impacted as there would be staggered drop-off and pick-up times. He stated staff indicated noise was not an issue. He noted the applicant will stagger the play times of the children to eliminate concerns of the neighbors. He noted the Planning Commission expressed concern about traffic and safety as well as parking. Mr. Clements noted the garage is now used for parking cars and there is adequate space for parents to drop-off and pick-up children. He noted the petition which has been submitted in favor of the day care and stated the applicant will work with the Council. Mr. Clements noted the applicant needs the additional children to make this economically Saratoga City Courtoil Minutes 7 May 20, 1992 viable. In response to Councilmember Clevenger's question, Mr. Clements stated the property owner has four vehicles, one parked in the back, 2 in the garage and one on the side of the house. He noted the applicant will use his van to pick up children and bring them to his home. Mr. Fatbali stated they have four vehicles presently and there will be one less after July 1, 1992. He noted the ages of the children are from 6 months to 8 years. Ms. Nancy Fathali, 18444 Purdue Dr., stated they have made changes to address the neighbors' concerns. She noted they have planned more field trips for the children to eliminate noise and there will be staggered drop-off and pick-up times. Mr. Collins stated his daughter attends the day care. He stated the vehicle parked in the back area does not interfere with the children's play area. He noted he has seen no problems with traffic as the drop- off and pick-up times are staggered. He urged the City Council to approve the Use Permit. Ms. Nancy Price submitted a letter to the Council from Ms. Sally Lindsay. She noted she is concerned about safety as the corner is very hazardous when cars are parked on the street. She stated what was presented in the petition was misleading. She stated there will be an increase in noise and parking if the number of children is increased. In response to Mayor Kohler's question, Ms. Price stated cars do park on the street. Mr. Earl Anderson noted residents on Purdue Drive do not want the increase in the day care. He stated the applicant has reduced the number Of children and the traffic, as directed by the Planning Commission. Mr. Anderson noted different days which he observed the day care and cars parked on the street. Mr. Bill'Notz, 18276 Purdue Dr., stated the applicant has two children which brings the total to 14 children. He stated to park the car in the back of the property they must cross a bike trail. He requested that the Council deny the Use Permit. He noted the Use Permit circulated by the applicant was confusing. He stated the road is dangerous for children. Mr. Notz addressed the State License for the Day Care noting the operation should be solely in the garage. In response to Councilmember Anderson's question, City Attorney Riback stated if the Council were to grant the appeal, there should be a condition that the appellant go back to the State to obtain modification to allow activity in the house. Mr. Fathali stated the license has been modified. Ms. Virginia Notz, 18276 Purdue Dr. stated she supports the Planning Commission's decision. Mr. Harvey Sanden, 18301 Purdue Dr., stated his major concern is safety at the corner. He stated it is difficult to get around the corner safely when cars are parked on the street. He stated people do double park. Mr. Johnson, 18402 Purdue Dr., expressed.concern about safety. He stated he almost had an accident at the corner. Ms. Rose Evans, 18420 Purdue Dr., stated she has no objection to the small day care, but parking and pick-up times are not adequate. She stated the increase in children will be unsafe and urged the Council to uphold the Planning Commission's denial. Mr. Evans, 18420 Purdue Dr., stated a large family day care will cause traffic problems for neighbors. He stated that the customers of the day care center are not Saratoga residents. Mr. Johnson expressed concern about cars parking on the street and urged the council to uphold the Planning Commission's denial. Saratoga City Council Minutes 8 May 20, 1992 Ma. Angie Fredrick, 18377 Purdue Dr., expressed concern about safety ahd people parking on the street. She stated this is a dangerous area to drop-off children. She urged the Council to uphold the Planning C6mmission's decision. Ms. Judith Laubach, 18479 Baylor Dr., stated there should be no more than six children and noted the petition circulated by the applicant was misrepresented. Ms. Maria Lyons noted she has two children at the Fathali's day care. She stated she is talking on behalf of the parents. Ms. Lyons noted the parents do not see a safety issue. She stated the street is not widely traveled even with the day care and the curve dictates the speed. She stated the children add quality to a neighborhood and day care belongs in a neighborhood. She stated the benefits far exceed the costs. She noted she parks in the driveway when dropping off and picking up her children. Ms. Nadine Fatbali, 18444 Purdue Dr., noted they have four vehicles. She stated the petition circulated was clear. Ms. Fathali stated she helps at the day care center and the cars addressed by Mr. Johnson previously, do not sound familiar. She stated when parents drop-off their children they bring them into the house. Ms. Soroosh, 18252 Purdue Dr., spoke in favor of the day care facility and requested the increase in children. She stated the Fathali's provide excellent care and the State favors home day care. She noted she has not observed any parking problems. She urged the City Council to grant the Use Permit. Mr. Clements stated if the Council deny this Use Permit they have to base it on the zoning ordinance and apply the facts to the ordinance. He addressed the petitions and asked the Council to lookat them. He stated the applicant is providing quality day care. He noted the corner in question will dictate the slow traffic. Mayor Kohler closed the public hearing at 10:40 p.m. Councilmember Clevenger stated there is a safety concern from the neighbors and she would have misgivings about increasing the number of children. She expressed concern about safety. Councilmember Stutzman stated that the subdivision has restrictions and he read these as outlined in the staff report. He stated six children is violating the restrictions placed on this subdivision when developed. He stated he would uphold the Planning Commission's decision and noted there is a definite safety issue. In response to Councilmember Anderson's question, City Attorney Riback stated if the Council denies the Use Permit they must do so upon health and safety grounds and traffic and parking controls. He stated the findings must include the above issues. Councilmember Anderson stated she is aware of the day care problems. She stated there may be the possibility of Mr. Fathali picking up and dropping off the children. She stated traffic is a problem, but would be willing to allow the 12 children if Mr. Fathali did in fact pick- up and drop-off the children. Planning Director Curtis stated Councilmember Anderson's suggestion would be difficult to enforce and it would take a lot of staff time. Councilmember Monia stated the State recognizes the need for child care, but noted there has been sufficient testimony to know that traffic and parking are problems. He expressed concern about the health and safety problem associated with the increase in intensity. He stated the neighbors do not want the increase in children and are concerned about the safety issue. Mayor Kohler expressed concern about the safety issue. He also feels the increase in children at the child care facility will change the character of the neighborhood. Saratoga City Council Minutes 9 May 20, 1992 MONIA/STUTiMANMOVED TO DENY RESOLUTION NO UP-91-008. PASSED 5-0. C. Appeal of denial of design review approval to construct a new, two-stoz~, 2,226 sq. ft., single family residence on a 3,271 sq. ft. parcel; denial of variance to encroach into the required front, side and roar yard setbacks; denial of variance from the parking requirement in the R-l-10,000. sons district at 14706 6th Ht. (Appellant/applicant, Klanlet; DR-91-064; V-91-017) Planning Director Curtis presented the staff repo~c. He stated the e subject property is a non-conforming lot. He stated the Planning Commission looked at the application on two different occasions and stated both times that the structure was too big for the lot and therefore denied the application. Councilmember Monia stated he did visit the site and met with the applicant. He noted the fence on the property of the neighbors is not on the property line and when removed will provide for more open space. Councilmember Anderson stated she also visited the site. She noted that Planning Commissioner Bogosian suggested sinking the house to make it less intrusive, but after visiting the site noted there may be an underground well. Mayor Kohler opened the public hearing at 11:00 p.m. Ms. Linda Kinnier, 14234 S. Sunnyvale-Saratoga Rd., gave a slide presentation outlining the proposed house and the legal property line. She also showed a petition from neighbors in favor of the design. She noted this is the last sub-standard lot in the village area. Ms. Kinnier went over the reasons for the Planning Commission's denial. She stated trees can be planted in the side yard to provide privacy. She noted there are several other houses in the area with larger floor plans. Ms. Kinnier presented slides outlining the ratio of footprint to lot size of several homes and also a comparison of height with neighboring houses. She noted she will have a 6 ft. wood fence around e the property for privacy. She stated the proposed house does meet her needs. Ms. Ann Clayell stated the neighbors do object to the proposed house. She noted she had seen the revised plans and still feels there are privacy issues. She expressed concern about any trees growing with the amount of pavement proposed. Ms. Clavell also expressed concern about parking, noting 6th street is busy. She noted she has no objections to building a structure, but the proposed home is too big. In response to Councilmember Anderson's question, Ms. Clavell stated the second story causes a privacy problem. Mr. Larry Perlin, Big Basin Way, stated the issue is the size of the lot, and noted it should never have been created. He stated the lot is so unusually shaped, that there are limitations. He feels the proposal for this lot is not appropriate. He expressed concern about the down hill structure. He feels the applicant went into this knowing the limitations of this lot. He stated the structure is too massive for the lot. Ms. Marsha Adams, 14730 6th Street, stated her home is 1000 s.f. and urged the Council to uphold the Planning Commission's decision. Mr. Herman Wyrsch, 14700 6th Street, notedhe did send a letter to the City Council regarding this issue. He stated when the fence is replaced it will be put on the property line. He feels that excavating e could work with a pump to lower the structure. He expressed concern about privacy. Ms. Kinnier stated when she spoke to neighbors the plans were acceptable. She stated she does recognize the concerns of the neighbors, and they will be addressed. Ms. Kinnier stated a one-story structure is not reasonable. In response to Councilmember Monia's question, Ms. Kinnier stated the property was subdivided in 1932. Councilmember Clevenger stated that Ms. Kinnier is entitled to a house S~ratoga City council Minutes 10 May 20, 1992 on this property. She suggested removing the balcony on the front. M~. Kinher stated this could be done. Mayor Kohler closed the public hearing at 11:35 p.m. Councilmember Clevenger discussed the design of the home. She stated the front is acceptable without the balcony. She expressed concern about the possibilities of re-designing this home. She stated the City should give the applicant direction. Councilmember Stutzman stated the applicant is entitled to build a home, but the proposed house is too massive for the lot. He stated a 1200 s.f. house would be appropriate and would uphold the Planning Commission's decision. Councilmember Anderson stated the City needs to develop guidelines for sub-standard lots. She expressed concern about dealing with these on a case by case basis as this seems to be a continuous problem. She suggested the applicant eliminate the overhang proposed and requested the Planning Commission to revisit the village area and prepare quidelines. Mayor Kohler stated these lots must be considered on a case by case basis because there are other issues to consider other than size. Councilmember Anderson stated 'the proposed height of the home is approximately 19 ft. which is lower than the standard requirement. Councilmember Monia expressed concern about setting a precedent and eliminating the character of the neighborhood. He stated the proposal will have an impact on the neighborhood. He feels a home could be built without requiring all the variances. He noted that the Planning Commission offered to do a study session and the applicant did not want one, so he feels the applicant does not want to change the plan. He stated he can not make the findings and would support the Planning Commission's denial. MONIA/STUTSMaNMOVED TO DENYWITHOUT PREJUDICE APPLICATION V-91-017AND UPHOLD THE PLANNING COMMISSION,8 DENIAL. Councilmember Clevenger stated the front of the house is in line with the neighboring houses and this is appropriate. She stated a two story structure is not a concern as the houses surrounding are two story. Councilmember Anderson stated removing the balcony and 2 ft. from the back would be acceptable and meet the guidelines. Mayor Kohler stated the front setback is acceptable, but the neighbors have expressed concern. The above motion was carried 3-2 {Anderson, Clevenger No) The Council readdressed item 6A at this time. Councilmember Anderson stated the start time of construction has been consistently early for the last few weeks and staff and the Sheriff's Department should monitor this. City Manager Peacock stated he will write to both the Water Company and PG&E. Councilmember Anderson noted she filed an official complaint at the Traffic Authority Policy Advisory Board from the City of Saratoga regarding the devastation of Saratoga Creek. She stated they will be requiring the contractor to restore the creek. Councilmember Anderson suggested writing a letter to both the Fish and Game Commission as well and San Jose Mercury News. 7. NEW BUSINESS A. Santa Clara County Hazardous Materials Advisory Committee Saratoga City Council Minutes 11 May 20, 1992 Proposed Workplan FY 1993-1995 City Manager Peacock stated from Staff's perspective there is almost no value of the Organization to the City of Saratoga. He noted the only possible benefit is working in the area of small producers. MONIA/ANDERSON MOVED TO FUND THEWO~PLANATANANNUALCOST OF $1#500.' Mayor Kohler stated there is ver~ little advantage to Saratoga and would vote .against it at this time. The above motion was carried 4-1 (Kohler No) B. Resolution stating policy regarding deductions from compensation of employees exempt from overtime provisions of Fair Labor Standards Act City Manager Peacock stated this will have financial impact on the City. He reiterated comments from the Memo from City Attorney Riback. 8TUTZMAN/ANDERSON MOVED TO ADOPT THE RESOLUTION STATING THE ADMINISTRATIVE POLICY OF' THE CITY REGARDING DEDUCTIONS FROM COMPENSATION OF EMPLOYEES EXEMPT FROM THE OVERTIME PROVISIONS OF THE FAIN LABOR STANDARDS ACT. PASSED 4-1 (Clevenger temporarily absent). C. Ordinance relocating the parking ratio requirements for City Parking Districts from Section 15-19.050 (k) to Section 15.35.035 (first reading and introduction) City Manager Peacock reiterated comments from the Memo from City Attorney Riback. He stated there is no change in the language, but transferring to another section. 8TUTZMAN/MONIA MOVED TO APPROVE THE ORDINANCE HELOCATING THE PARKING RATIO HEQUiHEMENTS FOR CITY PARKING DISTRICTS FROM SECTION'IS-19.050 (K) TO SECTION 15.35,035. PASSED 4-0 (Clevenger temporarily absent). D. Memo Authorizing Publicity for Upcoming Hearings - Budget; Adoption of Uniform Codes; Fee Resolution City Manager Peacock outlined the upcoming hearings. E. Nakone Foundation Fund Development/Donation Receipts Report, 3/9/92 -5/4/92 City Manager Peacock stated if the Council has no objections he would request monthly r~ports of Hakone Foundation's revenue and expenditures starting July 1992. Councilmember Monia requested that staff find out the attendance for Hakone Gardens on an annual basis. F. Resolutions proposing continuation of Landscaping and Lighting Assessment District LLA-1 (existing) CLEVENGER/STUTZMANMOVED TO ADOPTTHEHESOLUTION8 APPOINTING ENGINEER, AUTHORIZING PREPARATION OF ENGIHEER'S REPORT. PASSED 5-0. ANDEREON/MONIA MOVED TO APPOINT THE FIRM OF MEYERS, NAVE, RIBACK & SILVER, TO DO THE LEGAL WORK. PASSED 5-0.. 9. CITY COUNCIL ITEMS A. Agenda items for meeting with Youth commission May 26 and with Finance Committee May 28 City Manager Peacock stated an additional item for discussion would be with the Public Safety Commission regarding law enforcement. B. Appointment to the Finance Advisor7 committee to fill the Unexpired Term of the Late Peter Smith Councilmember Clevenger suggested inviting Ms. Connelly to the S~ratoga City Council Minutes 12 May 20, 1992 i~terviews. City Council consensus to have the interviews on June 3, 1992 at 7 p.m. C. Reports from Individual councilmembers Councilmember Clevenger reported on the State Sanitation meeting. She. noted she talked to two Cupertino Sanitation District Board representatives regarding the stormwater run-off program for Saratoga. She noted at the Cities Association meeting the members will be voting for a representative to the Air Quality Management Board, and she noted she will vote for Marge Bruno, Los Altos, if the Council was in agreement. Mayor Kohler noted he received a letter from Ms. Vicky Moore of the Greenbelt Alliance regarding the Mid-State Tollway. He requested this be placed on the agenda for discussion on June 3. Councilmember Anderson noted she met with the Small Cities Bay Area Regional Cities Coalition and they are adopting principles which they are hoping to substitute for Senator Morgan's 797 Bill. City Manager Peacock stated there is a new version of Senator Morgan's Bill. Councilmember Anderson stated this does not address all the issues of the Cities concerns and they will continue to oppose this. She stated there will be a final draft from the Bay Area Regional Cities Coalition which will be submitted to each of the Councilmembers. Councilmember Anderson noted she received a letter from Carol Ann Weber of West Valley College regarding Civil Rights matters. Councilmember Anderson submitted a newspaper article, regarding fire .safe roofs,' to Mr. Peacock and requested that each Councilmember receive a copy. 10. ADJOURNMENT The meeting adjourned at 12:30 a.m. to a closed session and then to 7:30 p.m. on May 26 and then to 7:30 p.m. on May 28 in the Community Center, 19655 Allendale Avenue 11. CLOSED SESSION on pending litigation on illegal 'grading, clearing and tree removal on Cocciardi/Chad~ick development, Tr. 7770. Respectfully submitted, Catherine Rob~ Minutes Clerk