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HomeMy WebLinkAbout02-02-1994 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, February 2, 1994 7:30 p.m. PLACE: Civic Theater, 137Y7 Fruitvale Ave. TYPE: Regular Meeting Closed Session on litigation in the case of City of saratc ~a vs. VMS et al. - ?:15 p.m. in Public Works Conference Room adjacent to Civic Theater Lobby The meeting was called to order at 7:40 p.m. City Attorney Riback reported on the closed session, no~ ing the City Council unanimously voted to authorize the commencement proceedings to collect on the judgment received on the action. Pledge of Allegiance 1. ROLL CALL Councilmembers Present: Burger, Kohler, Anderson, Monia, Mayor Tucker Staff present: Acting City Manager Perlin, City Attc~ney Riback, Planning Director Curtis, Assistant to City Manager King, Finance Director Shriver. Mayor Tucker stated item #9, a resolution appointing the Public Works Director as a representative in small claims court, shoul] be added to the Consent Calendar as an urgency item, since the item :ame up after the posting of the agenda. BURGER/MONIA MOVED TO ADD ITEM #9 TO THE CONSENT CALENDAR ~SANURGENCY ITEM. PASSED 5-0. 2. CEREMONIAL ITEMS - None. 3. ROUTINE MATTERS A. Approval of Minutes - 1/19; 1/25 Councilmember Burger amended the minutes of 1/19 as follows: Page 10, 8th paragraph, change word "traditional" to "conditional' BURGER/KOHLER MOVED TO APPROVE THE MINUTES OF 1/19, AS AME [DED. PASSED 5-0 BURGER/MONIA MOVED TO APPROVE THE MINUTES OF 1/25, · PRESENTED. PASSED 5-0. B. Approval of Warrant List MONIA/ANDERSON MOVED TO APPROVE THE WARRANT LIST. PASSE 5-0. C. Report of city Clerk on Posting of Agenda Pursuant to Government Code 54954.2, the agenda for thi meeting was properly posted on January 28. 4. CONSENT CALENDAR, A. Previously-Discussed Items - None. B. New Items 1) Planning Commission Actions, 11/26 - Note ~nd file. 2) Parks and Recreation Commission Minutes 12/6 - Note and file. 3) Bicycle Advisory committee Minutes, 12/~ - Note and file. 4) Youth Commission Minutes, 11/15 - Note anl file. City Council Minutes 2 Februa:y 2, 1994 5) Finance Advisory Committee Minutes, 1/1! - Note and file. 6) Resolution supportin~ School/Community Youth Safety Task Force in conjunction with the Zero Tolera'.~ce Program 7) Final Acceptance of Work and Notice of C~mpletion for Warner Hutton House Improvements, Capita] Project No. 9301 8) Third Amendment to Countywide Household Hazardous Waste Agreement 9) 'Resolution appointing the Public Works irector as a representative in the small claims court. Item 6 was requested to be removed by a member of the pu])lic. ANDERSON/KOHLER MOVED TO APPROVE THE CONSENT CALEND ~R WITH THE EXCEPTION OF ITEM 6. PASSED 5-0. The member of the public who requested the removal of it,~m six stated she did not need to speak on the matter. KOHLER/BURGER MOVED TO APPROVE ITEM 6 OF THE CONSENT CALENDAR. PASSED 5-0. C. Claims against the City Amended Claim )f Blosk in connection with landslide on their property Mayor Tucker noted the Council received a letter from Mr. Blosk asking for a continuance. City Attorney Riback stated this is a claim filed by Mr. ~losk against the City. He noted there is no reason to continue this latter as the rejection of the claim is a procedural matter and will n fact start the time period in which a person has the right to file law suit. Councilmember Kohler stated he would be willing to ~ntinue this matter, as requested by the applicant. Councilmember Anderson stated she concurs with Councilme~ }er Kohler as Mr. Blosk may not be aware of the process. In response to Councilmember Monia's question, City Attorney Riback stated the Council can rescind a rejection, but rather than doing that, the Council should continue this matter. He noted again, this is a procedural step and is a method of moving the process forward. Mr. Riback stated Mr. Perlin will call Mr. Blosk and explain the process. KOHLER/ANDERSON MOVED TO CONTINUE THIS ITEM TO ~{ARCH 2, .994. PASSED 5-0. 5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. REPORT FROM STAFF: FOLLOWUP ON PREVIOUS ORAL C ~MMUNICATIONS 1 ) Oral Report from city Attorney on Cour ~e of Action Available to City if false information is alleged to have been given in the course of a publici hearing City Attorney Riback addressed his report to the City _~ouncil. He stated if it is determined by the City Council that there ~s sufficient evidence to believe that false representations were made ~f a material fact they could then call a revocation hearing. He noted a revocation hearing would be in the form of a public hearing and the i ~dividual who received the permit would be allowed to testify and prov .de evidence, as would other parties. He stated a permit can be revo] ed after the revocation hearing, if the Council desires. He not Led the last paragraph in his letter needs to be revised to reflect what he said above. City Council Minutes 3 Februa:ry 2, 1994 B. ORAL COMMUNICATIONS Dr. Stutzman, 15195 Park Dr. gave a follow up report tc his earlier comments on electromagnetic fields. -He read various articles regarding this matter noting there have been numerous papers that i~ave appeared in world literature relative to EMF. Dr. Stutzman out2ined several studies done and noted he would provide the information tc .the Council. Councilmember Monia requested that Dr. Stutzman be allocated time at a Tuesday night meeting to present his information. Councilmember Anderson asked that Dr. Stutzman put his presentation in writing as the technical terms are difficult to understand in his brief presentation. She noted she is interested in studies wh ch deal with cellular towers. There was a consensus of the Council to allow Dr. Stutzma I time at the February 22, 1994 meeting. (Clerk's note: In accorde~ce with Dr. Stutzman's preference, the date was later changed to FebTuary 8.) Mr. Bob Stark, 21247 Chiquita Way, stated he is requesti]g the City's assistance in correcting a flooding problem in his backyard. He noted the flooding is caused by the storm drain in the street lphill of his property. Mr. Stark expressed concern about construction on a site up from his home and sand from this site entering the stolm drain. He believes this problem could have been prevented by keep~.ng the storm drain in the street until it reached the creek. He note~ in the last year, two new houses have been constructed and both dra.ned into his backyard. He added he has learned that several new draine e pipes will be installed in the new development sites on the adjacen hill, which will divert and re-route the natural drainage from le hill and increase the flow into this path. Mr. Stark noted in >revious rain this season, he had flooding which resulted in the loss o an oak tree, and noted other homes are affected by this flow. He sta ed the storm drain needs to be diverted t.o the natural creek dow hill of, his request that the Council direct staff to expedite the plan to connect the two storm drains to avoid further flooding and dama ~e. He also requested that this matter be placed on an agenda in the near future. City Engineer Perlin stated he is familiar with the situ ~tion and did talk to Mr. Stark. He noted there is no such plan to onnect storm drains, but will discuss the matter further with Mr. Sta 'k. Mr. Ray Piontek, 21195 Chiquita Way, handed copies of a gx ~phic display outlining Mr. Stark's comments. He thanked the members ~f staff and Councilmember Kohler, who have been involved in this )roject. He expressed concern about the new homes and the storm irains being connected. He noted water from the left side of Chi uita Way is draining into his and Mr. Stark's property. He addresse~ an easement which has been granted to the Santa Clark Valley Water [~istrict, but noted no water is draining here. He asked the City Counc hl to step in and take care of this problem immediately. Councilmember Monia requested a followup report on this ~atter. C. WRITTEN CO~UNICATIONS - None. 6. OLD BUSINESS A. Financial Report on six-month Council budge (budget to actual) The Finance Director presented the staff report dated Febr [ary 2, 1994. She noted two accounts which may warrant some examinaLion are the Attorney Fees budget and the Conference and Meeting ~udget. Ms. Shriver explained the Attorney Fees budget as outlined in the staff report. She noted this is not so much a budget pro )lem, but an allocation problem. Regarding the expense reimbursement Ms. Shriver stated all expenditures made to date are in line with tl~e budget, as City Council Minutes 4 Februar]f 2, 1994 outlined in the staff report. Ms..Shriver noted that :ouncilmember Anderson's expenditures include air fare for the Mayor )f Cupertino,. who has since reimbursed the City. She stated the budg.~t is on line and will be reviewed in nine months~ Councilmember Anderson asked why all City dues are included in the City Council budget. Ms. Shriver stated this is a budget decision and noted all these costs by program are reported to the State Controller's Office, but a decision to move the costs can be made by zhe Council. Acting City Manager Perlin stated these are dues for organizations that primarily City Councilmembers attend. Councilmember Burger stated they are within budget, and t~ls is what is important. KOHLER/MONIA MOVED TO RECEIVE AND FILE. Councilmember Anderson stated she has already discussed several corrections with Ms. Shriver and would like the motio amended to include the changes. Councilmember Anderson's amendment died due to lack of a Becond. The above motion carried 4-1 (Anderson No). 8. PUBLIC HEARINGS - 8:30 p.m. A. CDBG and HUman Services Allocations for 1994-9! The Assistant to City Manager presented the staff report d.ted February 2, 1994. She stated staff recommends the City Council do the following: 1) Conduct a public hearing; 2) make allDcations for approximately $1.59,500 for FY 94/95 HCDA project funds a:; determined; 3) make allocations for Human Services grants from ether revenue sources according to Council policy. Ms. King butlined the criteria required in order to receive CDBG funds and noted the a~encies staff recommends funding, as outlined in the staff report. Sh~ stated they received 12 proposals for Human Services, which total $]32,875. Ms. King stated if the Council wish to follow staff's recomx~endation for the allocation of the 94/95 CDBG funds and the Genera[ Funds, the allocation will be aS follows: CDBG total $159,500 of w]Lich $119,500 is for the ADA access and $40,000 for SASCC. The General Fund total $38,000 which would be to supplement SASCC's grant and to provide some small grants to other agencies. Councilmember Anderson stated the General Fund is substa]mtially lower than two years ago. She noted that the NPDES cost the C.ty more than they predicted and would like to revisit the NPDES budget and asked if there may be a possible reduction in this budget for 94/9 , and ifso, apply the monies to agencies requesting funding. Acting City Manager Perlin expressed concern about mixing revenues for the NPS program with expenditures for human service grants, since NPS rvenues are derived from a surcharge on rubbish rates. Councilmember Burger state~ she will discuss the budget as presented by staff, but the Council should not allocate money based o the outcome of the NPDES program. Councilmember Monia stated the Council should address t] allocation percentage when reviewing the budget'. Councilmember Anderson stated they are making decisions prior to the policy meetings and would recommend that this budget be scheduled after the policy meeting which decides the budget allocations. Ms. King stated the CDBG funds must be allocated at this time. In response to Councilmember Monia's question, Ms. King stated that funds can be rescinded. City Council Minutes 5 Februa:y 2, 1994 Councilmember Monia stated they should go forward at this time and make it clear that the funding is subject to the budget hearilgs. Mayor Tucker, Councilmember Burger- and Councilmember A] derson noted they did talk to Eric Morley regarding the Teen Center. Mayor Tucker opened the public hearing at 8:45 p.m. Ms.. Lauren Mende, Transit Assist, thanked the Council for past support and noted this year they anticipate to provide 21,000 r des with 39% being provided to Saratoga residents. She noted they are )roviding 20% more rides this year than last year and added that over the last two years they have expanded service to meet ADA requirements. Ms. Mende pointed out that they provide service five days a week to the Adult and Senior Center in Saratoga. She stated that the funds ~allocated to Transit Assist will go to the basic services. In response to Councilmember Kohler's question regarding total cost, Ms. Mende stated their total cost has increased with basic inflation only Ms. Donna DiMinico, 2625 Zanker Rd, Ombudsman, explain~ what their organization does, noting they do serve Saratoga's long term residents. She requested that the City Council refund their program Ms. Miranda Kolbe, Saratoga Senior Center, Project Mat, h, explained what their program is and outlined the new services provided to seniors in Saratoga which will be implemented this coming year. Sile noted they also hope to increase their hours of operation and incre!~se staff. In response to Councilmember Monia's question regarding th~ increase in personnel costs, Ms. Kolbe stated they would like to add a clerical and full time staff person. Mr. Paul Bowlin, PreSident, SASCC, stated as they have gr,)wn they have relied on the City for a smaller percentage of the thei2 budget. He noted due to the generosity of many members, SASCC has an endowment fund made up of restricted and discretionary funds. ~e noted the discretionary funds are used to fund the operating budget. Mr. Bowlin stated that SASCC provides many !mportant programs for ehe elderly, which are provided by many cities in other areas. He aske the Council to'vote fav'ora~ly on their 2e ues . Mr. Vernon Griffith, 18571 Withey Rd., Monte Sereno, Chair, Adult Day Care Advisory Board, stated they are requesting a 3% increase in funds from last year, but noted their projected budget increased by 6.9%. He noted that 75% of their participants come from low income Families. He stated one goal is to expand services to Saratogans who w,~rk full-time and would request that the City Council fund their curre]~t request. Ms. Beverly Rossi, Vice President, Family Services, state~ this is the first year they have applied for funds. She explained t.heir program and noted they do provide services to Saratoga and noted they do need the City's assistance. Mr. Robert Dolci, P.O. Box 2346, San Jose, Emergency Ho~sing, stated they appreciate the past support from the City of Sarat(.ga and noted the funds requested will help to provide more services to Lhe homeless. Mr. Dolci explained emergency shelter, transitional and permanent housing which this program provides and noted this is w~at the grant from Saratoga will help fund. Mr. Dolci stated that the County will oversee and monitor labor standards. He requested that the Council fund their program as recommended by staff. Mr. Gary Hubbard, West Valley College, Director of Communily Education, also a member of the Saratoga Adult Day Care Board, stated that when the College applied for the funds it was before they reaf.ized that these were committed to support the maintenance level of O~erations for such programs as the senior center and the adult day car,~ center. He noted both as a representative of the College and a member of the Adult Day Care Center he supports the funds allocated to SASCC .~nd will work with the two centers as part of the College's commitment to older adults. He noted he would like to keep their pro3osal should City council Minutes 6 Februaa~y 2, 1994 additional funds become available. Ke added, they do pro'Fide services for older adults at five different sites.in Saratoga, and hope the additional funds will help extend the sessions and eventu]lly add more sites. Mr. Hubbard also explained their reentry program proposed. Ms. Mindy Goodman, 208 E. Main St., Los Gatos, Executive DLrector, Teen Center, thanked Councilmember Anderson and Mayor Tucker f}r their time spent in the Teen Center. Ms. Goodman explained their program and noted they provide 30% of their services to Saratoga re~idents. She noted they are the only organization in the area who offers counseling to both teens and their parents. Ms. Goodman reviewed the funding they receive from CASA and noted if they lose their funding fzrom CASA they are in danger of being cut or eliminated. She stated the7 propose the following: Teen Counseling Center receive a grant of $3120 which amounts to 62% of the grant request; monies would come' fr)m a 4% grant reduction of each of the agencies recommended for funding in the staff report. Ms. Goodman stated their is a viable partnership which currently exists between Saratoga schools and the Tee Counseling Center. Mayor Tucker closed the public hearing at 9:20 p.m. MONIA/BURGER MOVED TO RECOMMEND STAFF'S RECOMMENDATION ~R SASCC DAY CARE AND OPERATIONS. PASSED 5-0. MONIA/BURGER MOVED TO RECOMMEND STAFF'S RECOMMENDATIO! FOR TRANSIT ASSIST. PASSED 5-0. Councilmember Monia stated he would like to see some fun Ling for' LTC, TCC and Womens Housing. Councilmember Kohler stated he would like to see the fnding spread out over the three agencies recommended for zero fundinl. Councilmember Burger expressed concern about approving n additional $5,000 as she believes the State will raid City coffes again this year. She stated if the Council wish to allocate another $5000 they should concentrate on the three agencies where no funding is recommended, such as Teen Counseling, LTC and Womens Hou]lng. Councilmember Anderson stated she would like the Council to try and reach the goal of funding the agencies at the 1992/93 levels and spoke in support of the additional $5000. She noted it is unclear what the State will do at this time. MONIA/KOHLER MOVED TO ADOPT THE FOLLOWING: FAMILY SERVICES $1500, FOOD BANK $1500, LTC $1500, PROJECT MATCH $1500, TCC $1000, W)MENS HOUSING $1000. PASSED 5-0. KOHLER/BURGER MOVED TO ADOPT THE BUDGET AS MODIFIED ]Y THE ABOVE MOTION. PASSED 5-0. B. Appeal of design review approval limiting the ~ize of a new two-story residence to 5,685 sq. ft. and denial of a variance to allow the proposed residence to exceed the s[te,s maximum allowable floor area by 589 sq. ft. (for a total of 6,277 sq. ft. of floor area where the maximum floor area permitted is 5,688 sq. ft.) The subject property is approxiz]ately 51,400 sq. ft. in an R-i-40,000 zone district at 15~70 E1 Camino Grande (Appellant/applicant, Ebrahimoun) (DR93-030; V93- 026)(NOTE: THIS IS A RECONSIDERATION OF THIS ,&PPEAL, WHICH WAS DENIED BY THE CITY COUNCIL ON JANUARY 5, 1)94.) Staff recommends that the City Council deny the appea and uphold Planning Commission decisions. Acting City Manager Perlin noted additional written comm nication was · received from Mr. Frank T. Lewis and Terence J. Szewczyk In response to Councilmember Monia's question, City Atlorney Riback stated this is a de novo hearing. City council Minutes 7 Februa~y 2, 1994 Planning Director Curtis presented ~he staff report an] noted this hearing was held before the Planning Commission who could not make the findings to grant a variance. He noted at the concl'lsion of the Planning Commission meeting the applicant's representati~re asked that the design of the home be approved and the Commission approved the design with the condition that the house be reduced to eet all City codes. He noted the applicant ~is appealing the design re iew approval which limits the house size and also the appeal of the var'ance denial. n o r s a " ' ' ' ' ' proceed with a smaller house when they approved the desig] review. He pointed out that the applicant himself was not present at the meeting. Councilmember Kohler noted he did visit the site, at the r~quest of the applicant, and was shown that there is a steep slope on a ]mall part of the lot, he noted he was not previously aware of this. Councilmember Burger noted that she was also asked to vi:~it the site, but could not. Councilmember Anderson stated she received several calls from friends of the applicant asking for approval of this item. The Council briefly discussed the slope formula used ard Mr. Curtis stated the code requires the average slope calculation b,~ used and it takes into consideration that there may be some steeper a?eas and less steeper areas on the lot. In response to Councilmember Burg~r's question, Councilx~ember Kohler stated the steep slope is on the right side behind the h.~use. Mayor Tucker opened the public hearing at 10:05 p.m. Mr. Robert Saxe, Attorney, representing Mr. Ebrahimoun, :~tated he did fax a letter to the City this afternoon and would sugge~t continuing this matter in order to give the Council time to review .t. Mr. Saxe noted he reviewed the video from the last hearing and did view the site, noting part of the site is very steep. Mr. Saxe no~d a variance is the process made available to allow exceptions to strict applications of the ordinance. He believes granting thi:~ variance is not setting a precedent for the next application as each one is considered on a case by case basis. He noted other home:~ in the area are similar to the proposal and it is important to have full support from the neighbors and added the neighbors do not believe granting the variance is a special privilege. Mr. Saxe stated e~aluating and granting a variance is something that requires judgement, common sense and the impact on the neighborhood. Mr. Saxe stated there are topographical constraints on this lot. Mr. Saxe outlined the findings to grant the variance as outlined in his letter dated Febrlary 2, 1994. Councilmember Monia asked what special circumstance prevents the applicant from building a home within the zoning code. Mr. Saxe stated from a legal standpoint, this is not wha~ to look at. He stated he did review the video regarding the Glenno appeal and believes this is a similar situation. Councilmember Monia stated in the case of the Glennon ~tter, there were physical constraints on the property. Mr. Saxe stated it is possible to build a home within code on this property, but they are talking about minor deviations notLng the walls are also an architectural feature. He stated the applicant would like to build a home which will have no negative impact on th, City or the neighborhood. Councilmember Kohler stated in his opinion, the Glennon mtter did not have special circumstances, because the design of the house could have been reversed and there would have been no need for the ~ariance. City Council Minutes 8 February 2, 1994 Mr. Norman Kidd, 15351 E1 Camino Gr~nde, stated he seen the proposal several weeks ago and had an architect look at the plans and the lot, and felt the proposal is acceptable. He noted there are Lo complaints from the neighbors. Ms. Jean Ebrahimoun thanked the Council for reconsiderin[ this matter and asked the Council for approval of the variance which ~ould have no adverse affect on anyone. She thanked staff for time ~ent on this matter and the neighbors for their support. Ms. Rita Bonasera, 15101 Via Colina, representing h rself and a neighbor on E1 Camino Grande, stated she is aware of the ~lans and the variance requested and believes the applicant has designe the home to be compatible with the neighborhood. She urged the Council to approve the variance. Ms. Sharon Winvick, 19174 Panorama Dr., noted the applicant has showed great concern to the neighbors and she is familiar with ~he property. She stated the proposed design will not block views oI require the removal of any trees. She urged the Council to approve zhe variance. Mr. Ruben YomToubian, 20200 Marilla Ct., stated the variance will not have any negative affect on the environment. He noted Mr. Glennon was granted a variance because of neighborhood support and nhis variance should also be granted. Mr. Lou Mariani, 13986 Shadow Oaks Way, addressed the vaI[ance process and noted the zoning code is to protect the citizens of Saratoga and the proposal will not affect any neighbor as they are al in support. He urged the Council to approve t~e variance. Mr. Gene Zambetti stated the applicant had gone hom! before the request to the Planning Commission regarding the approval of the smaller home. He stated he was representing the applicant and felt it was in the best interest of the client to ask for the ap])roval of the smaller home. Councilmember Monia asked whether there was an agreement made between the applicant's representative and the Planning CommissioI that if they approved the design review the applicant would accept the smaller house. In response to Councilmember Monia's question regard.ng physical constraints, Mr. Zambetti stated the ravine restricts ~he applicant having a home he would like. Planning Director Curtis stated that it was the Plannin~ Commission's understanding that they were granting a smaller house so 2he applicant could proceed with construction. He also addressed Mr. ~]axe's letter regarding the slope formula and stated his calculations would significantly reduce the house if the steep slope was ca.culated. Mr. Saxe addressed his letter and explained his calculat_ons. Councilmember Kohler stated the numbers can be refigured, but the fact is there is a steep slope. Mr. Saxe stated he would be available to answer any que~tions of the Council. Council and staff briefly discussed the second story pen~lty. Acting City Manager Perlin stated there is no second story pena].ty; he noted the house size is based on the parcel size and using the ]lope formula in the zoning ordinance. He noted that taking no deduction for slope, the applicant still exceeds his allowable square footage 3y 37 sq. ft. Planning Director Curtis reviewed the floor area reducti,~n for second story structures exceeding 18 ft. Mayor Tucker closed the public hearing at 10:50 p.m. City Council Minutes 9 Februaary 2, 1994 City Attorney Riback stated the issue before the Co~ncil is the variance and whether or not there are physical constraints to this property that would prohibit the property owner from enjoying his property rights as his neighbors do. He noted the design of the house is not at issue and the Council cannot consider this to ~ake findings to grant a variance. Councilmember Kohler stated the design of the home is based on the shape and topography of the lot. He noted the garage is almost. underground and this should also be considered. Councilmember Monia addressed the zoning code and stated if there are no physical constraints on the site the Council can]~ot make the findings to grant a variance.. City Attorney Riback stated if there is an issue relating to topography, how does this relate to a deprivation of pri'rileges, that other property owners in the area enjoy. MONIA/TUCKER MOVED TO UPHOLD THE PLANNING COMMISSION'S D~]CISION. In response to Mayor Tucker's question, City Attorney Ribeck stated the code is clear that there must be physical constraints n the lot in order to grant a variance. Councilmember Monia stated this applicant is not denied ~ny more than any other applicant who may come in. Planning Director Curtis stated if another property has a 19.3% slope, the same size of lot, they would be allowed the same house. He noted the reason for the code is to apply the formula to indivi]uals equally without granting special privileges. Councilmember Anderson stated they generally make v]riances for setbacks. Councilmember Burger stated she could make the finding~ to grant a variance and believes that the applicant is being [enalized for eliminating the perception of bulk, by placing the garag~ underground and also for having thicker walls for conserving energy. She believes the applicant's proposal is within the spirit of what the neighborhood and City 'are trying to achieve. Councilmember Kohler believes the Council should be consistent and does not believe the Glennon matter was a unique situation. He believes there are double standards and this'is a unique and spechal situation because of the slope. He also reiterated that the gara.ge is almost underground. Mayor Tucker stated there are a number of differences between this application and the Glennon application. She noted there is an ordinance that addresses slope and she cannot make find~.ngs to grant the variance. Councilmember Burger stated in the Glennon application the Council spoke more about physical structures as opposed to the t)pography. City Attorney Riback read the code regarding existing st?uctures. Planning Director Curtis stated when the Planning Commission reviewed this application they did consider the thick walls, bat felt they should be pushed inward, as opposed to outward. Councilmember Anderson addressed the attorney's letter regarding the Longtin's quote. City Attorney Riback stated this is Mr. Longtin's opinion and the Council can be relaxed when all neighbors are in agreem,~nt, but they still must make findings. Councilmember Anderson asked if the variance was gra2~ted, in the City Council Minutes 10 Februa~ry 2, 1994 absence of any protest, what would be the' downside From a legal standpoint. City Attorney Riback stated because ~here is no protest the meeting the Council cannot assume there will not be a law suit. H stated each variance has to be reviewed on a case by case basis, bL if another applicant, similar to this one, requests a variance, tkey may bring this issue up. City Attorney Riback stated he'has heard at this hearing that the slope is greater than 20% on a portion of the property and becaase ofthis a variance should be granted.. He stated he has not he]rd how this deprives the property owner from a privilege enjoyed by o'sher property owners in the area. The above motion was carried. Passed 3-2 (Burger, Kohle: NO) Councilmember Anderson stated if Councilmembers feel t~e rules and codes need to be reviewed they should revisit them. 6. B. Letter from Scott Schneider requesting that Collncil discuss action regarding statements concerning cellular microwave phone antennas made by GTE Attorney Peggy O'Lal~ghlin during City Council meeting of 11/3/93 (continued fro 1/19) Staff recommends that the City Council receive and file ( ote attached letter from Peggy M. O'Laughlin). Mr. Scott Schneider, 14510A Big Basin Way, #226, address!d his letter dated January 12, 1993. He presented documentation to the Council, noting that this documentation proves that Ms. O'Laughl n's comments were false. Mr. Schneider read from the PUC report and ~ated he will provide copies of the report to the Council. Mr. Jeff Schwartz, San Marcos Rd., stated he would like le Council to hold a revocation hearing because of false information 'ovided. Mr. Schwartz addressed a controversial issue regarding a cel.ular site in Scotts Valley. He noted a mailer was sent out, but n( local paper carried the article, and the incident described in the rticle never happened. He noted the appropriate action would b. to hold a revocation hearing. BURGER/ANDERSON MOVED TO RECEIVE AND FILE. PASSED 5-0 MONIA/BURGER MOVED TO CHANGE THE ORDER OF THE AGENDA. P ~SSED 5-0 7. B. Parking Fee Increase Request at Hakone Gardens Mr. Aiko Tauchi, Hakone Foundation, stated the reason fo the parking increase is to pay loans back to the City. Councilmember Monia questioned a fee that may receiv. a negative impact. Mr. Tauchi stated they have received positive input rega ~ing the fee increase and does not believe it will have a negative impact. ANDERSON/KOMLER MOVED TO APPROVE THE PARKING FEE INCREASi AND FOR IT TO BE REFLECTED IN THE QUARTERLY REPORT. PASSED 5-0. MONIA/BURGER MOVED TO CHANGE THE ORDER OF THE AGENDA. P%SSED 5-0. 9. A. Oral Communications (continued) and instructz ons to 'staff regarding actions on current oral communicatic ~s Mr. Tom Reddick, 12389 Larchmont Ave., addressed the 15 minute rule for Oral Communications. He stated the Mayor could change this rule and he would like more time under Oral Communications. Mr. Jeff Schwartz suggested that the Council discuss, at a study session, switching written and oral communications on th. agenda. He City Council Minutes 11 February 2, 1994 concurred with Mr. Reddick that 15 ~inutes is not long !nough to let people speak. He added that people should be encouraged to speak. Activities for the 4th Quarter (Oct. 31, 1993) (continued from 1/25) Councilmember Monia asked how the management of the pro[ ram is going with the reorganization. Acting City Manager Perlin stated in the operational act~.vities there are sufficient resources to carry out the responsibiliti,!s. He noted in some of the other areas which require administrative I~r management oversight, these are more difficult. He noted an a~[ministrative assistant would be helpful. Mr. Perlin noted they re currently working with intern students from San Jose State. Councilmember Anderson stated that Saratoga is one of the few Cities in Santa Clara County implementing its pilot program targeted at restaurants and food service establishments and operators. BURGER/KOHLER MOVED TO RECEIVE AND FILE. PASSED 5-0. 7. NEW BUSINESS A. Memo Authorizing Publicity for Upcoming Hearin Is - None. C. Annual Review of Investment Policy - postponed to 2/16 D. Proposed Policy for open Space Acquisition through the Development Process. Staff recommends that the City Council review the propos!d policy and adopt it as proposed or as modified by the City council. Acting City Manager Perlin stated a lette~ was received from Eric Morley asking for a continuance for 30 days. ANDERSON/BURGER MOVED TO POSTPONE THIS ITEM FOR 30 DAYS. Councilmember Monia expressed concern about receiving 1. tters at the last minute requesting a continuance. The above motion was carried 5-0. 7. E. Request for Amicus Participation - Western Sta ~es Petroleum Assoc. v. The Superior Court of Los Anleles County (admissibility of certain evidence in CEQA cas~) Staff recommends that the City Council consider joining micus effort. City Attorney Riback addressed his report dated [ebruar 2, 1994. He stated he is asking for authority to place the City of Sa~atoga's name on a letter, along with the League of California Cities, o support the amicus effort. Mr. Riback reviewed the situation. MONIA/ANDERSON MOVED APPROVAL. PASSED 5-0. 9. CITY COUNCIL ITEMS Councilmember Monia requested that "Other" be placed on ~he agenda. B. Agency Assignment Reports 1. ABAG - Anderson 2. Cable TV Board - Monia 3. HCD Policy Committee - Tucker 4. Transportation Commission - Anderson 5. Hakone Foundation - Kohler 6. Flood Control Advisory Board - Burger 7. League of Cities Peninsula Division - Tucker City Council Minutes 12 Februaz:y 2, 1994 8. Water District CommisSion - Anderson 9. Santa Clara County Cities Association - Ticker 10. Sister City Committee Burger 11. Traffic Authority Policy Advisory Board - Tucker 12. Transit Assist Board - Burger 13. Senior Coordinating Committee - Burger 14. West Valley Sanitation District - Burger 15. County Cities Assn. Legislative Task Forc. - Monia 16. Emergency Planning Council - Kohler 17. Congestion Management Agency Adviso% Board - Burger/Tucker 18. Local Transportation Authority Policy AdvLsory Board - Kohler/Anderson Councilmember Burger reported on the Transit Assist. S]~e noted they did approve a safety audit for their program. She noted there has been an agreement authorized between Transit Assist and the S.~ratoga Adult Day Care Center. She noted this relates to the expansion of services. Mayor Tucker noted there will be a Joint Venture Silicon Valley presentation on March 10th at Sunnyvale City Hall. Ske also noted there are some organizations in the community who are .nterested in participating in the highway 85 opening. She stated if anyone is interested they should notify City Hall. Mayor Tucker stated she will work with the Traffic Authority. C. General Council Items 1) Agenda items for next adjourned regular m,~etings a) 2/8: Noise Enforcement Workshop b) 2/22: Joint meeting with Planning Colmission The Council reviewed the topics to be discussed at the j,)intmeeting. Councilmember Monad questioned members of the Planning O)mmission and City Council having possible conflicts of interest ba~ed on their employment. Councilmember Anderson stated the CounCil was going t expand the policy to include Councilmembers. Councilmembar Monia questioned a Commissioner who works Dr BIA, City Attorney Riback stated he discussed this matter with Commissioner Wolfe and it is his opinion that there is no conflict of into!rest because there is no financial impact on Mr. Wolfe, based on Creen Briar's membership in BIA. He noted Mr. Wolfe is a salaried emp.oyee and not in a decision or policy making position. He noted Mr. W,~lfe's salary is not controlled by Green Briar successfully pursuing t]~e project or being a membership in BIA. Councilmember Monia stated that when plans come in for th Paul Masson site it will be for the 23 acres. 2) Appointment of Council Representatives to qater Boards Staff recommends that the City Council reappoint Burger ~nd Perlin to the Flood Control Zone Advisory Committee and Anderson ~nd Perlin to the Water Commission. ~URGER/MONIA MOVED TO REAPPOINT BURGER AND PERLIN TO THE ~LOOD CONTROL ZONE ADVISORY COMMITTEE AND ANDERSON AND PERLIN THE WATER COMMISSION. PASSED 5-0. Mayor Tucker commended Councilmembers Burger and Anders~n for their excellent attendance at the meetings. 3) Restructuring Principles prepared by League of California Cities (Regional Government) Tucker City Council Minutes 13 Februa~ry 2, 1994 BURGER/ANDERSON MOVED TO SUPPORT T~E PRINCIPLES AND ~VE FORWARD. PASSED 5-0. 4) other Mayor Tucker stated direct contact will be on Saturday an this will be the last direct contact before the elections. Councilmember Anderson stated the Council received a report from Chief Sporleder regarding the So. California fire storm al~d she would recommend a joint meeting with both fire chiefs and the ?ublic Safety Commission to discuss fire safety. City Manager stated a Fire Task Force was previously appointed to look into fire safety issues. Mayor Tucker requested that staff write a letter to bot] fire chiefs asking for information on what they are doing. Councilmember Anderson noted she received a letter regardi g Beauchamps Park landscaping. She believes that more landscaping is needed. Regarding fire safety, Acting City Manager Perlin suggested having both fire chiefs review what was learned from the So. California fires with the Public Safety Commission and then make recommendatior to the City Council. There was a consensus of the Council to refer this matter o the Public Safety COmmission. Regarding Beauchamps Park, Mr. Perlin stated there was a intensified effort made with the neighborhood to design the park and they got what they asked for. He noted the City does not have the f~Lnds to plant more trees and do more landscaping. He added this can be looked at during the budget process. Mr. Perlin noted that Commissioner Moran made a sugges~ion that the City sponsor a workshop for candidates with FPPC to gc through the campaign disclosure regulations. Councilmember Burger stated that the FPPC gives seminars ~roughout the State free of charge.' She noted the City does give orhentations to candidates. 10. ADJOURNMENT The meeting adjourned at 12:40 p.m. to next meeting at 7:30 p.m. on Tuesday, February 8, at Administration Meeting Room, 1377 [ruitvale Avenue. Respectfully submitted, ~ ~. R~il~l~rd Catherine M. Minutes Clerk