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HomeMy WebLinkAbout10-19-1994 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, October 19, 1994 - 7:00 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting 7:00 - Special Meeting for the purpose of e Closed Session to instruct city Manager on negotiations with saratogaEmployees Association (in Public Works Conference Room adjacent to Civic Theater) Pledge of Allegiance - 7:30 p.m. - Led by Jennifer Crotty 1. ROLL CALL Councilmembers Present: Jacobs, Tucker, Moran, Wolfe, Mayor Burger Staff Present: City Manager Peacock, City Attorney Riback, City Engineer Perlin, Community Development Director Curtis 2. CEREMONIAL ITEMS A. Resolution 94-43 appointing Crotty, Miller, and Weiner to Parks and Recreation commission TUCKER/MORANMOVED TOAD OpT ARESOLUTION APPOINTING CROTTY, MILLER, AND WEINER TO PARKS AND RECREATION COMMISSION. PASSED 5-0. B. Administration of Oath of Office to Above C. Resolution commending Mark Pierce for service on Parks and Recreation Commission JACOBS/TUCKER MOVED TO ADOPT A RESOLUTION COMMENDING MARK PIERCE FOR SERVICE ON PARKS ~ RECREATION COMMISSION. PASSED 5-0. 3. Report of City Clerk on POsting of Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on October 14. 4. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS (limited to 15 minutes) Mr. Larry Fine, 14075 Saratoga Ave., addressed his letter to the Council dated September 29, 1994, noting the subject matter is the Heritage Lane. He expressed concern about traffic speeding on this road and noted stop signs are needed. He added that truck use on Saratoga Ave. should be prohibited. Mr. Fine requested that this be placed on the agenda for a future hearing. He stated that stop signs are needed to control the speed of traffic as well as to allow people somewhere to cross the road. He also addressed. truck use on Saratoga Ave., noting there are two major highways and truck use on Saratoga Ave. should be prohibited. Mr. Alan J. Halverson, 12390 Woodside Dr., thanked the Council for being willing to take a look at the noise ordinance as it relates to gas powered leaf blowers. He noted there is strong support from the community to ban these and urged the Council to do so. B. WRITTEN COMMUNICATIONS - None. 5. CONSENT CALENDAR A. Previously-Discussed Items - None. B. New Items 1) Planning CommisSiOn Actions, 10/12 - Note and file. 2) Finance Advisory Committee Minutes, 9/15 - Note and file. 3) Youth Commission Minutes, 9/5 - Note and file. City Council Minutes 2 October 19, 1994 4) Resolution 93-25.19 amendling budget for contract landscape maintenance services for Saratoga Ave. medians 5) City Financial Reports for september: a) Treasurer~s Report - Receive and file. b) Investment Report .- Receive and file. c) Financial Report - Receive and file. d) Quarterly Quarry Creek Trust Report - Receive and file. MORAN/WOLFE MOVED TO APPROVE THE CONSENT CALENDAR. PASSED 5-0. 7. OLD BUSINESS A. Award of Construction Contract for Improvements to Saratoga- Sunnlrvale Road Medians City Manager Peacock stated the Public Works Director is requesting that this matter be continued to October 25, 1994 when the final reports will be available. He stated the Public Works Director also needs clarification from Cal-TranS. There was consensus to continue this item to October 25. 8. NEW BUSINESS A. Oral communications (continued) and instructions to staff regarding actions on current oral communications Councilmember Tucker recommended that the letter from Mr. Fine be passed onto the Public Safety Commis:sion. There was no objection from the Council. B. Memo Authorizing Publicity for Upcoming Hearings - Woolsey Appeals Staff recommends that the City Council authorize the publicity as recommended. There was consensus to do so. 9. ROUTINE MATTERS A. Approval of Minutes - 10/5~ 10/11 Councilmember Tucker amended the minutes of 10/5 as follows: 1. Page 8, 1st paragraph, "City Attorney" should read "City Manager". 2. Page 9 remove the words "2belong" from the 1st paragraph. Councilmember Wolfe amended the minutes of 10/5 as follows: 1. Page 10, 6th paragraph, name:"- should read "Nancy Trankle and William Cassidy"; the words "the honor of" should be inserted before "Saratoga Day." TUCKER/MORAN MOVED TO APPROVE TEE MINUTES OF 10/5, AS AMENDED. PASSED The Minutes of 10/11 were approved as submitted. B. Approval of Warrant List TUCKER/JACOBS MOVED TO APPROVE THE WAIt~ANT LIST. PASSED 5-0. 10. CITY COUNCIL ITEMS B. Agency Assignment Reports City council Minutes 3 october 19t 1994 1- ABAG - Tucker 2. Cable TV Board - Jacobs ~ 3. HCD Policy Committee - Wolfe 4. Transportation Commission - Jacobs 5. Hakone Foundation - Wolfe 6. Flood Control Advisory Board - Jacobs 7. League of Cities Peninsula Division - Burger 8. Water District Commission - Wolfe 9. Santa clara County Cities Association - Tucker/Burger 10. Sister City Committee - Moran 11. Traffic Authority Policy Advisory Board - Moran 12. Transit Assist Board - Moran 13. Senior Coordinating Committee - Burger 14. West Valley Sanitation District - Tucker/Burger 15. County Cities Assn. Legislative Task Force - Wolfe 16. Emergency Planning Council - Moran 17. Congestion Management Agency Advisory Board - Burger/Wolfe 18. Local Transportation Authority Policy Advisory Board - Jacobs 19. Joint Venture Silicon Valley - Tucker Councilmember Wolfe reported on the HCD Policy Committee, noting they discussed the distribution of CDBG funds. He stated it was announced that $7 million in funds would be coming to the nine county bay area and a committee will be set up for the distribution of these funds. Councilmember Moran stated the Sister City Committee are planning their 10th anniversary trip to Japan. She also noted she received a call from Joanne Benjamin, Los Gatos, who reminded the Council that CMA would like a representative from Saratoga to serve as an alternate in January 1995. She stated this would be a four year commitment. Councilmember Tucker suggested that CMA send out a letter outlining the number of meetings and the commitment required. Councilmember Wolfe stated he had a meeting with the President of the Village Association which was very productive. He noted they discussed insurance obligations and will have a meeting with the Chamber of Commerce. City Manager Peacock stated he received a letter from Mr. Vincent requesting that the City agree to co-sponsor the event noting this letter will be on the November 2nd agenda. Councilmember Tucker reported on the Santa Clara County Cities Association meeting noting they held .a discussion on the cost of Hazardous Waste. She stated Mr. Peacock gave.the presentation and requested that he report to the Council. City Manager Peacock stated the concerns addressed to SCCCA are that the City Managers believe there needs to be some form of legislative action to accomplish 2 purposes. 1) The cost of recycling; and 2) the very high cost of processing, transporting and disposing of hazardous waste materials. He stated the handling of household hazardous waste needs to be re-addressed. He noted they asked the Cities Association to make this a legislative project within the next few years. Mr. Peacock stated this is a state wide issue. Councilmember Tucker noted there is one opening on the MTC Board and one on the Bay Area Air Quality Board. She stated if anyone is interested in serving on these boards they should let the Cities Association know. Councilmember Jacobs reported on the Cable TV Board noting that funds are being distributed to local schools to purchase video and VCR equipment. 6. PUBLIC HEARINGS - 8:00 pm. A. Appeal of conditions of approval of Project PD-94-002 - Greenbriar Homes; 13150 Saratoga Ave., request for Planned City Council Minutes 4 October 19, 1994 Development-Final Plan approval to construct 94 single-family detached residences at the 2.1 acre former Paul Masson Winer~ site, with the associated N~gative Declaratlon. The subject property is located at the northeast corner of Saratoga Ave. and Route 85 and is zoned Multiple Use-Planned Development (MU- PD). Community Development Director Curtis; presented the staff report dated October 19, 1994, noting that this is the 6th public hearing on this project. He stated there were also neighborhood information meetings held. Mr. Curtis stated staff has continually and consistently recommended approval of the project and have recommended changes to the plan to make sure it conforms to the specific plan and is consistent with the MUPD zone. He also noted that staff has consistently told the developer that they felt the lots are too small, the houses too large, there should be a larger separation between the units and a mix of one and two story homes. He stated, although these recommendations where not accomplished, the overall project is good and staff recommends approval. He noted one of staff's concerns was the view from surrounding properties and this has been addressed by the soundwall and the articulation of the buildings proposed. He stated staff~s comments on the appeal items are as follows: 1. 60% impervious coverage is necessary as it could become an enforcement problem later. 2. 25 ft. set back on lot 13 is necessary to provide the transition. 3. The staggering of lots 90-93 should be done as these lots front Saratoga Avenue. 4. Wood Burning Fireplaces - staff contacted the Bay Area Air Quality Board and there are no cities which.have an ordinance prohibiting wood burning fireplaces. 5. Average size of homes - staff felt the houses could be reduced, but not enough of a concern to recommend denial of the project. Councilmember Wolfe stated with regards to the environmental aspects of the fireplaces, the ai~ quality in the Bay Area has improved over the last decade. councilmember' Jacobs stated he received material from the applicant indicating that they accept the 60% impervious coverage requirement. Mr. Curtis stated he met with representatives of the applicant who agreed with the 60% impervious coverage and also the staggering of lots 90-93. He stated lot 13 does not meet the condition of the Planning Commission. In response to Councilmember Jacobs' questions, Mr. Curtis stated the major issue is the size of the homes. He stated the 3200 sq. ft., as recommended by the Planning Commission, is about.a 14% reduction from what the applicant proposes. He noted a variety ~f two and three car garages would be an improvement to the project, but does not feel this is a significant issue to deny the lproject. He stated staff has no overall concern regarding mass and bulk and the only concerns were how the homes would be viewe'd from the exterior and these have been resolved in staff's opinion. He stated staff's position is that the 3066 sq. ft. homes plus garages, as proposed by the applicant, is acceptable. Councilmember Wolfe asked whether, if 2 car garages were required, this would increase the street parking. Mr. Curtis stated it could. Mr. Curtis stated when this subdivision was first proposed staff felt the lots were too small, but the trade off was more common open space. He stated staff believes this will be a self contained neighborhood and the narrow streets are acceptable. He stated the homes should be smaller, but he is not prepared to recommend denial of the project because other merits outweigh this concern. City Council Minutes 5 October 19, 1994 In response to Councilmember Jacobs question regarding the staggering of lots, Mr. Curtis stated on September 14th staff indicated they would like more articulation on lots 90-93, the applicant made the changes and these were acceptable to staff. Mr. Siegfried, Planning commissioner, stated the changes on the homes from McFarland were made during Planning Commission public hearings. Mayor Burger noted the Council received letters from Marcia Fariss, Elea Raiswell and Matteoni, Saxe and Nanda, Attorneys. There was also a phone message from Susan Majors. Councilmember Moran stated she received communications from the public, but the issues have been raised at this meeting.' Councilmember Tucker concurred. Mayor Burger noted most Councilmembers met with the applicant and she has received 53 phone calls in the past two days, all in favor of the project. She noted that this project has been approved and the applicant is appealing a number of conditions as addressed by the Community Development Director and outlined in the staff report. She noted the City is not interested in denying the project and commercial development is not being considered for this site. Mayor Burger opened the public hearing at 8:40 p.m. Ms. Carol Meyer, Greenbriar, thanked staff and the neighbors for their support of this project and noted this is a transitional site. She stated the Planning Commission has approved this project, but Greenbriar has concerns about the conditions as addressed earlier. She stated the applicant has accepted the condition regarding the 60% impervious coverage. She also noted lots 90,93 have been redesigned to achieve the staggering requested. She noted they are requesting that the soundwall adjacent to let 13 be 15 ft. from McFarland, at the west side and flare out to the full 25ft. at the east side, adjacent to the existing home. Regarding the maximumaverage size of the homes, Ms. Meyer stated the City Council allowed a maximum average of 3066 sq. ft. excluding the garages. She stated with good articulation, a variety of materials and good architectural detail, these can produce outstanding results. Mr. Steinberg, Architect, addressed the overall site plan outlining the location of the trees proposed throughout the site noting a substantial amount of landscaping is proposed. Mr. Steinberg gave a slide presentation outlining the architecture of the homes and the landscaping proposed. He noted they made a strong effort to design these homes, not only from the front, but also from the back. Mr. Steinberg also presented a perspective from the street, noting the homes will not be seen from the street. He outlined the changes on plans B and C regarding the setbacks, noting that 4 ft. was cut off plan B and 2 ft. cut off plan C. He believes this is a good project and urged the Council to approve it. Councilmember Moran questioned changes in rear elevations since the Planning Commission meeting. Mr. Steinberg addressed the architectural changes to the rear elevations and outlined the plans which reflect these changes. Mr. George Detre, 19818 Vineyard Ln.,. addressed the square footage of the homes noting that this project is 66% less mass and bulk than what was proposed by Dividend previously. He stated there will also be less traffic with the proposed project and urged the Council to approve the project. Mr. Martin Chaney, 18839 Afton Ave., stated he has spoke at previous Council meetings regarding this matter. He believes the proposed project will be positive for the neighborhood and will mitigate the opening of Highway 85. He noted the plan proposed by Greenbriar meets the concerns of neighbors and it is important for the Council to approve this project as it meets the goals of the site specific plan. He addressed the previous approval by the City Council and believes the City council Minutes 6 October 19, 1994 final plan conforms to the conceptuaI plan and urged the Council to approve the project proposed by Greenbriar. Ms. Rebecca Chaney, 18859 Afton Ave., spoke in support of the proposed project noting she artended all Planning and Council meetings regarding this project. She stated Greenbriar is making good use of a unique site and the landscaped open space makes up for the smaller lot size. She noted when living next to a freeway it is more appropriate to promote indoor space. She stated the house size should be kept as proposed by the applicant and would urge the Councii to approve the project. She stated the plans as proposed by the developer are welcomed by all the neighbors. Ms. Chris Favero, 19549 Vineyard Ln., presented a petition from homeowners who strongly support the Greenbriar proposal. She noted homeowners met with Greenbriar on several occasions. Ms. Favero expressed concern about property values and urged the .Council to approve this project. Ms. Deborah Lang, 13172 Montrose St., spoke in support of the project proposed by Greenbriar. She stated she spoke to several residents regarding this project who understood the home sizes to be as approved at a previous Council meeting. She stated she has looked at setbacks of walls and fences throughout the City and many are setback 10 ft. from the curb for long stretches'. She noted the open space proposed will be twice the length of Ravenwood park and the Council should accept the density proposed by Greenbriar. Ms. Lang added that this plan has the support of the community who will be directly affected by this development. She urged. the Council to approve the project as proposed by Greenbriar. Mr. Chris Olson, 18938 Afton Ave., thanked Councilmembers and staff for their continued support of this project. He noted there is support for this project from the neighborhood. He added Greenbriar has done an exceptional job at addressing the conditionsof approval and urged the Council to approve the project. Ms. Judy Homen, 13159 Montrose St.~, passed out photos of' what the property looked like eight years ago. She stated Greenbriar is the next best development to the W~nery and all concerns have been addressed by the developer. She expressed concern about too many conditions and the developer pulling away. She added 100 percent of the neighborhood support this project. Mr. Jim Foley, 18630 Aspesi Ct., spoke in.favor of the development as proposed by Greenbriar and concurs with previous speakers. He added the quality of the development is a credit to Greenbriar and Mr. Steinberg, and would urge the Council to support this project as proposed by Greenbriar. Ms. Elea M. Raiswell, 19797 Lanark Ln., stated there is a lot of support from the community for this project and would urge the Council to approve it. Mr. Mike Landgraf, 18774 Dundee Ave., spoke in support of the project proposed by Greenbriar. He noted the applicant has made modifications as requested by staff and Planning Commission. He stated he would urge the Council to approve the project as this will be a tremendous value tO the City. Mr. Jeffrey Schwartz, San Marcos Rd., member of Area G Homeowners Association, noted they have not had a formal board meeting, but the majority of directors have discussed this project and are in support. He noted when a group of neighborhoods support a project such as this one, the Council should take this into consideration. Mr. Schwartz addressed the history of this site, noting this is what makes this proposal so acceptable. Mr~ Morris Jones, Reisen Ct., stated he talked to many people who live in'this neighborhood who all support the quality housing proposed for this site. He added the developer has worked hard on this project and asked the Council to work in partnership with the neighborhood. City council Minutes 7 October 19, 1994 Ms. Carol Meyer, Greenbriar, stated the condition regarding the maximum house size is based on R1-10,000 zone and this site is MUPD. She addressed the architecture and noted all changes will be made. She urged the Council to approve this project. Mayor Burger closed the public hearing at 9:40 p.m. TUCKER/WOLFE MOVED TO APPROVE THE PROJECT WITH THE CONDITIONS BROUGHT BEFORE THE COUNCIL AT THIS HEARING WITH THE EXCEPTION OF CONDITION 3B. Councilmember Tucker stated she would like to delete condition 3B and the applicant should follow the existing ordinance regarding fireplaces. She stated she would support the 2 ft. cut in plan B and the 4 ft. cut in plan C. She added Mr. Steinberg did and excellent job on the design of the homes and the end result will be a project the city will be proud of. She noted it meets the goals Of the specific plan. With regards to the fireplaces, Councilmember Tucker believes the Planning Commission made their decision based on air quality concerns. Mayor Burger clarified that the motion approves the 3066 sq. ft. maximum house size excluding the garages, the 60% impervious coverage requirement, the staggering of lots 90-93, the sound wall setback 15 ft. to flare out to 25 ft., as described by the applicant, and deletion of the condition which pertains to the fireplaces. Councilmember Tucker stated the recommendation regarding the shutters and plants should be added. Councilmember Moran asked if all exhibits presented to the Council at this meeting will become part of the record. Councilmember Tucker stated this will be part of the motion. Councilmember Jacobs suggested suspending the appeal while the applicant works with staff to work out the details of what they propose. He believes the applicant is close, but he is uncomfortable supporting the motion without studying the conditions proposed at this meeting. Councilmember Jacobs stated he has not had a chance to review the material presented at this meeting. He suggested giving direction to staff and come back with a specific plan which the Council can approve. Councilmember Wolfe suggested directing staff to work out the details described specifically in the motion and to allow the process to go forward. Councilme~lber Jacobs believes the appeal should be suspended to allow staff to prepare a resolution to be reviewed by.the Council. City Manager Peacock stated whatever the decision of the Council is at this meeting it will come back before the Council at a subsequent meeting. He suggested the Council may want to instruct staff to come back with a resolution with exhibits for the Council to approve. Councilmember Wolfe stated the Council needs to take leadership and believes the motion is very clear. He stated staff can work with the developer regarding the conditions and suggested this as an amendment to the motion.. The motion was reiterated as follows: Accept the changes proposed by Greenbriar. Also 4 ft. from Plan B, 2 ft. from Plan C and the maximum house size would be the result of these reductions. All reference to the fireplaces should be deleted. The amendment to the motion is that staff work out the details and design changes with the developer. City Manager Peacock stated it would be his preference to have staff work with Greenbriar to not only articulate the conditions in the resolution, but also to correspond to the exhibits which represent the conditions. He suggested. that staff come back in two weeks with the resolution and the exhibits. City council Minutes 8 October 19, 1994 Councilmember Jacobs expressed concern about the process. He stated the Council should give the planning staff direction as to the expectations of the Council and have them come back to the Council with a proposal. He stated he is not prepared to approve the project at this time. Councilmember Wolfe stated the overall project is good and by approving this and leaving the small details up to staff, this can move forward. Councilmember Jacobs reiterated again that he would like staff to work on the details and come back to Council for approval. He noted the City made commitments and he is willing to keep these commitments, but feels it is not responsible for him to make a decision on material which he has not reviewed adequately. Councilmember Wolfe stated the major issues are behind them and there is no outrage from the neighborhood regarding this project. He believes the Council must show leadership and consistency, and move forward. Councilmember Tucker stated she feels comfortable with the motion, noting she met with the applicant and visited the site. She stated the drawings are needed which reflect the motion and should be brought back to the Council. Councilmember Moran agreed that staff should work with the developer to finalize the details before going forward. She believes the changes will represent the concerns of the Planning Commission, but the Council should not feel pressured to approve this at this meeting. She stated, personally, she has no objections to accepting Greenbriar's proposal. Mayor Burger stated she believes that the five conditions addressed by staff have been looked at and responded to by staff. She stated staff has been part of the process and should work out the details with the applicant. She noted the resolution, which the Council will review, will memorialize the conditions discussed at this meeting. Planning Director Curtis clarified that the modifications suggested by the applicant at this hearing will not meet the intent of the Planning Commission's condition regarding mass and bulk. He noted the Planning Commission is looking for substantial reduction or design change. Councilmember Jacobs stated he is not voting against the final project, but noted he did not review the material in detail and did not meet with the applicant. Mayor Burger reiterated the motion as follows: To approve the Greenbriar proposed changes as submitted at this hearing which are the following: Condition 3A - accept the condition as submitted by the applicant. Condition 3C - 60% impervious coverage for each individual lot. Condition 3D - delete all reference to wood burning fireplaces. Condition 5D(ii) - accept the staggering of lots 90-93. Condition 5D(iii) - Soundwall on lot 13 set back 15 ft. at west end and flare out to 25 ft. at east end. Also to include the rear elevation features on McFarland and Saratoga, planters, shutters, bay windows and also windows in the garages throughout the development. City'Attorney Riback stated the appealis being upheld in part, denied in part and modified in part. Councilmember Moran stated she appreciated the input from the neighbors and thanked the Planning Commission for their work on this project. Councilmember Jacobs stated, althougt~ he will vote no for this motion, he will support the final resolution. The above motion, made by Councilmember Tucker and Seconded by City Council Minutes 9 October 19, 1994 Councilmember Wolfe and reiterated by Mayor Burger above was passed 4- I (Jacobs no). C.- General Council Items 1) Agenda items for joint meeting with Parks and Recreation commission November s a. Review Parks and Trails Master Plan Councilmember Moran suggested reviewing the report from the Prioritization Parks Task Force at the November 8th meeting. Councilmember Jacobs expressed concern about the November 8th meeting as two Councilmembers will be absent. The meeting was postponed to December 13. 2) Other Mayor Burger stated she will hold office hours on October 31, 1994 from 2-5 p.m. at City Hall. Councilmember Wolfe stated that William Lang, who is eight years old, won the poster competition. 10. ADJOURNMENT There being no other business the City Council adjourned at 10:45 pm to next meeting on Tuesday, October 25, at Administration Meeting Room, 13777 Fruitvale Avenue. Respectfully submitted, Catherine M. Robillard Minutes Clerk