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HomeMy WebLinkAbout07-19-1995 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, July 19, 1995 - 6:30 p.m. PLACE: Civic Theater, 13777 Fn~tvale Ave. TYPE: Regular Meeting Pledge of Allegiance 1. ROLL CAIL The meeting was called to order at 7:35 p.m. Councilmembers Jacobs, Moran, Tucker, Wolfe, and Mayor Burger were present. Staff Present: City Manager Peacock, Public Works Director Perljn, Community Development Director Curtis, Recreation Director Pisani, City Attorney Riback. 2. CRREMONIAL HIdaVIS A. Resolution commending Members of Tree Committee MORAN/WOLFE TO APPROVE THE RESOLUTION COMMENDING MEMBERS OF THE TREE COMMITTEE. Passed 5-0 Mayor Burger stated that copies will be rodled to committee members. B. Proclamatio.n on Chinese Dragon JACOBS/MORAN TO APPROVE THE PROCLAMATION ON CHINESE DRAGON. Passed 543 Mayor Burger state~t that Councilmember Jacobs will hand carry the proclamati6n. 3. REPORT OF CITY CLF. RK ON POSTING OF AGENDA City Manager Peacock reported that pursuant to Government Code S49S4.2, the agenda for this meeting was properly posted on July 14. 4- COMMUNICATIONS FROM COMMISSIONS AND THE PUBHe A. ORAL COMMUNICATIONS At the suggestion of Councilmember Jacobs, a moment of silence was observed in memory of Officer Keith Konopasek, the Oakland police officer who had been killed in the line of duty on July 8. Mr. Konopasek lived in Saratoga and attended Saratoga High School. B. WRITFEN COMMUNICATIONS - None. 5. CONSENT C~AI.RNDAR A. Previously-Discussed Items 1) Resolution 9S-35 on Heath Appeal heard 7/5 WOLFE/TUCKER TO APPROVE ITEM S.A. 1 OF THE CONSENT CALENDAR. Passed S-0. 2) Resolution 95-30.2 adopting 1995-96 and 1996-97 Budgets as amended per Council instructions 7/11/95 MORAN/JACOBS TO APPROVE ITEM S.A.2 OF THE CONSENT CALENDAR. Passed S-0. City Council Minutes :! ~uly lg, 1995 3) Ordinance HP-23 des~gn-tng .Mmond Hill House at 14475 Oak Place as a H~tofic i~,~m,rk (second reading and adoption) TUCKEI~JACOBS TO APPROVE toTEM 5.~.3' OF THE CONSENT CA~ .RNDAI~ Passed 5-0. B. New Itmn~ l) phnning Comrn[-~ion Actions, 7/12 - Note and File. 2) Parks and Recreation Commlss[on Minutes, 6/13 - Note and file. 3) City Fin3nHal Reports for June,: a) Tre~r's Report - Receive and file. b) Investment Report - Receive and file. 4) Renewal of Agency Agreement tbr County-wide Household HaT~rdous Wastes Collection Program 5) F~nMAcceptanceofWorkandNoticeofCompletionforCoxAvenuel,~ndscape Improvements - CIP 9401 6) Resolution 36-B-247 approw[ng Partial Final Acceptance of Public Improvenlants within Old Oak Way Portion of Tr. 7770 (Ch3dwick Place) and Release of Maintenance Securities TUCKER/WOLFE TO APPROVE ITEM B OF THE CONSENT CAI .RN'DR Passed 5-0. C. CLAIMS AGAINST THE CITY - None. .. 7. OLD BUSINESS A, Report on Current Tree Guidelines City Manager Peacock presented the staff report. He said that in reviewing these guidelines and discussing the contents with Councilmember Moran, it appears that there are some recommendations or proposals that would not be consistent with the City's current policy. Acceptance might lead to the impression that the City is changing current policies. Mr. Peacock said that with that in mind he would like Council to continue this matter to their next regular meeting or adjourned session later in'August so that staff can prepare for Council a matrix showing current policy and what it would be ff changed. MORAN-TUCKER TO SET A STUDY SESSION IN AUGUST. Councilmember Tucker suggest that the name of the document should be changed from guidelines to handbook. Mayor Burger said we need to be very clear that this was recommended as a document to be made available to citizens who wished to avail themselves of this. information for flee protection. She expressed concern that it was the decision of the Council that they do nor want current policies changed and she didn't believe that. they would be looking for a matrix that would reflect any chanJ;es in the current tree policy. She said she · thought what they would be looking at is that tl~s reference document does nor conflict with adopted policies. Councilmember Woffe said a study session on this issue would define ir more thoroughly so it is clear what the purpose of the handbook is. City Manager Peacock suggested tentatively continuing it until August 22. MORAN/FLICKER TO CHANGE THE MOTION TO CONTINUE THE ITEM TO AUGUST 22. Passed 5-0. Cit~ Council Xinutes 3 ~ul~ 19, 1995 8. NEW BUSINESS A. Oral COrnmuRications (continued) and illstl'uctions to staff regardln_.~ actions on culTent OIR] cOrnmllnlcationS - None. B. Resolution ~rnevding Part-time Salary Schedule to add the Position of Facility Coordinator City Manager Peacock presented the staff report. CounciL, nember Tucker asked if staff had considered privatizing this function. Parks and Recreation Director Pisani said they have, but she wanted to have more contro] than she would if it were contracted out. She said she wants to set the hours for and supervise the person and the cost would be the same. The position is not benefited. She said the step increases are the same as for other employees. WOLFE/JACOBS TO APPROVE RESOLUTION 95-36 AMENDING PART-TIME SALARY SCHF-r~ULE TO ADD THE POSITION OF FACII.ITY COORDINATOR. Passed 5-0 C. Discuss the Pros and Cons of Forming a .Xoint Powers Authority for Waste Management City Manager Peacock that he and the City Attorney did not agree on this matter and although he understood where the attorneys were coming from, he was not sure the JPA is a solution. He said he was not sure that creating another organization that must be manned by council people is the best solution to the problem. The law requires J'PA board members to be elected officials, not staff people. The issues to be considered are often very technical and complex. Councilmember Jacobs asked if there is another form of organization other than a JPA. City Manager Peacock replied that there is a rate review committee made up of staff people of the four communities. They have worked out all the arrangements with the company over establishing the profits, costs of the company, rates, etc. That system has worked pretty well until the last performance audit cycle. Auditors came up with different way of looking at what the rubbish company's rate base should be. When it came to the city actually acting on these particular issues, no one adopted what the consultant recommended, nor what the rate review committee recommended. Councilmember Jacobs asked if the JPA would require everyone to line up. City Manager Peacock said it depends on how you structure the JPA. He said that if there were a J'PA, he thought the problem would revolve around differences in communities. Rate structures are customized for the individual community. Mr. Peacock described the function of the rate review committee. Once the costs to a city are established, cities have the discretion to come up with that number any way they want: no subsidy for residential, a huge subsidy for residential, etc. He said he thinks one of the prob]ems the City Attorney sees is that-the franchise is almost 13 years old and does not recognize significant changes that have taken place. He said that maybe the attorneys believe that perhaps having a JPA would be a way of saying to the company that we should start over and negotiate a new deal. City Manager Peacock said he thinks perhaps the city attorneys are saying a JPA is something for the cities to talk about. He said that it is clear that what is going to have to happen is that Councilmembers will talk among themselves. The city attorneys do not agree with what cities could do given how the franchise is written. City Manager Peacock said it is important for Council to talk to their colleagues on other city councils and get their perspective on how they view this. Mayor Burger stated that this item may be a legitimate subject for West Valley Mayors and Managers. City Manager Peacock stated that the July meeting had been canceled. Foliowing discussion it was the consensus of council that during the next two to four weeks, they would talk to other councils and calendar the JPA idea for the August meeting of the West Valley Mayo~ and City Managers. City Council Minutes · ~uly 19, 1995 D. Memo Authorifing Publicity for Ut~:oming H~nrings MORAN/WOLFE TO APPROVE PUBLICITY FOR UPCOMING HFARINGSAS RECOIdMF_J~IED. Passed 5-0 Mayor Burger moved the agenda back to Item 6. PUBLIC HEARINGS - 8:00 p.m_ Appeal of Denial of Request for De.~gn Review approval to construct an 874 sq. ft. second story addition and 1,197 sq. ft. of first levd floor area to an existing 1,259 sq. ft. one-story residence. The pared is approndrnately 13,650 sq. ft. (net) and is located w:~thin an R-1-15,000 ZOning district at 14755 Aloha Ave. (DR-95- 015) (Appdlant/applicant, AbdullalO City Manager Peacock reported for the record that three letteE referring to ttds item had been received since the packet was distributed, nvo asking Council to grant the appeal and one requesting that they deny it. Community Development Director Curds presented the staff report. In clarifying the recommendation, he said the executive sununary is a reflection of the Planning Comm{ssion"s decision. Staff recommendation is to uphold the plantring Commission. The original staff report recommended approval. Staffs position has not changed. In the future the reconunendation might be worded differently. He said that Mr. Asfour was present representing the Planning Comndssion and is available to answer questions regarding the majority position. Mayor Burger further clarified w~th Mr. Curds that staff reconunended approval at both thnes that the applicant appeared before the Planning Commission. The reconuuended motion reflects the Planning Comndssion majority decidon. She said she is assuming that staffs recommendation is for approval since there are no material changes. Mayor Burger opened the public hearing at 8:05 p.m. Warren Held, 14630 Big Basin Way, project archi+:ect, said he would like to reflect on some of the reasons why this approach to the particular site was necessary. He said they thoroughly studied the entire neighborhood. IVlr. Heid gave some history of the area and said ~hat when you think about 'the exiting neighborhood you have to draw a conclusion that it includes both the older section from the 208 and the newer section {~om the 608 (the George Day development). Most of the concerns are from residents of Aloha. He showed a slide and said the ones depicted in green are 18 ft. in height or more, are two story and include all of the area of the older section Reflecting on the conditions of neighborhood, there have been recent additions and construction in the older section. One of his concerns as an architect was could they meet the design review findings. From the study they produced for the owners, the answer was yes. This is still a very wooded site. He said they have tried not to destroy any major trees but will lose one or two walnut trees. It seemed appropriate that the existing house could be added onto. On a slide, he showed the setback line and the large redwood tree located where Aloha climbs to Loreira. As far as views are concerned they felt there are enough trees that the views from below would not be obstructed by this low addition. He said they were also concerned about the privacy of the immediate neighbor, but the house has only a small window in the bedroom that is adjacent to the next door neighbor's garage, so there is no intrusion from second story. Mr. Held said that the structural engineering report stated that part of the existing structure must be removed, the roof in particular. They tri,sd to save the bedroom and bath floors and walls and then add to it. He explained that the garage must be located as proposed because of possible erosion problems and concerns of neighbors about excavation hurting foundations. Regarding height, he said they tried to break up the building with bay windows and made it as low as possible. It has a hip roof end is only 4-1/2 ft. above the main ridge of the house. He said they had tried to tuck the house into the hal'[ end trees. The family room is behind the garage. After all these considerations, they found that the only place for the master bedroom City Council Xinutes 5 ' auly 19, 1995 and nursery was upstairs. One of the limitations was the driveway. He said in his opinion this is basically a one story house. He said there was not enough room in the front setback for the garage. They tried to come up with the minimum height and the privacy required. They reduced the formation of rooms and heights so as no to produce bulk and added the small storage unit to the left of the garage to bring balance. He said they felt there was no style (type of architecture) in the neighborhood, that it was very eclectic. He said they are nice, comfortable looking homes. He said he thinks they have designed a comfortable looking home that will fit in. It is difficult to come into a neighborhood and R7 to maintain a compatible feeling, but he said he believes that this one fits. Mr. Held said that one of the concerns they have had during the process is that the neighborhood has not been deft_ned other than those who live on Aloha. However, as an architect, he feels this is probably one of the best solutions to this site. Mr. Held showed a slide showing the elevation depicting trees. He said that someone in the neighborhood had said that ff the house were well designed it would add value to the neighborhood but they didn't feel it was compatible in height and concept. Mr. Held said he fek the house has good proportions .and the second floor is low. In answer to questions from Councilmember Woffe, Mr. Held said the neighborhood from Oak to Aloha started in the 1880s. He said the new neighborhood can be defined because curbs are required. He said this is not the first request for a two story home in this area; there had been quite a few recently and they had been approved. Councilmember Wolfe said his concern is about starting a precedent here. He asked ff the City can expect someone to come in with a request for a two story house in this area every 70 years. Mr. Held said in his opinion the neighborhood is not just Aloha. The George Day homes were established in the ranch style. He said it is his opinion that there are enough remodels on Komina and Loreira in recent years with approval from planning cornmissions along the way that o have already set a precedent. This site is just as much a part of that as it is Aloha. In answer to Councilmember Moran's questions, Mr. Held said that the second story element is 37 feet away from Mr. Grimm's. The first fiogr is a one-story structure and is 1-2+ feet away. - He said they had to cut 14-16" from existing driveway so the garage will fit in with the rest of the house. The top ridge is only 21 ft. above Aloha. He repeated that they had tried to tuck it into the site to make it work. He said the hip roof slopes up on all four sides. Regarding questions about the remodel on Lomita, Mr. Held said the roof fine would be higher than the one on the proposed house. He said the site coverage is 23%, which is way down. He had tried to understand what the problems were in the neighborhood. Every effort has been made to be compatible. He said compatible is a very subjective word. Mayor Burger said that before the hearing this evening she had talked with the applicant and architect and had visited the site. Councilmember Wolfe said he had talked to the applicant by phone and had looked at the site. Councilmember Jacobs said he had looked at the site but did not meet with the applicant.. He had conversations with Mr. Held and David Moyles. Councilmember Tucker said she had visited the applicant and the site and spoken with David Moyles, Gay Crawford and Ms. Chapman. Councilmember Moran said she had talked to rnany people and had visited the site three times. Kathy Hamill, 14704 Aloha, brought a plat map marked with two story homes in the neighborhood. She said she didn't think there were very many in the neighborhood. She said she just measured two story houses, not ceiling height as Mr. Abdullah had done. She said the probable reason there are so many the people from Aloha is that they got notices. She urged support of the Planning Commission decision. She said it was a long meeting and she thought it was a hard decision. She said she was glad Councilmembers had visited the site so they could see what the neighborhood looked like and to try to imagine that home on that site. She said she has a 3,000 sq. ft. home on a smaller lot and it works fine. In answer to Councilmember C4ty Counc41 M4nutes 6 ~uly 19f 1995 Tuckers question as to whether her issue was the fact of two stories or the issue of height, she said she was not debating two stories but height and massiveness. She said she had done a visual assessment and most two story homes in the neighborhood are on larger lots or on negatively impacted lots. John Dana, 14725 Aloha, said his concern was over two story homes. He said he and his wife grew up in Saratoga. They had lived in Sen Jose but had moved to Saratoga because they lived an area where everyone had a two story home aad they didn't get a feeling of privacy. They moved to this part of Saratoga partly because there were fairly large lots and they figured that there was a low probability of someone building r~zo story homes. He said they were concerned that this would set a precedent that ff people upgmde they would go to a second story structure. Mr. Dana asked the Council to uphold the Planning Commission recommendation. He said they were very happy to see Mr. Abdullah in the neighborhood and others moving in and upgrading some of the older homes. Brien Bachman, 14735 Aloha, said his wife, Ann, was at the meeting as well. He said he had spoken to the Planning Commission at the request of ten neighbors. He showed photos in the immediate neighborhood. He said that most of the houses range between 13-16 ft. in height. Now we are talking about a house right in the mkldie that is 23 ft. That is a substantial change in bulk and mass. He pointed out that Mr. Grinan's views will be impacted. He indicated a view from Mr. Grimm's back yard showing a ladder set at 24 ft. in height. He said it would give a visual impression of the height where the roof line would be. Mr. Bachman said the other two points he wanted to make are that: 1) they have curbs and they are directly across the street from the Abdullah property; and 2) they have a 3,600 sq. ft. house on about same size lot. He said he believes that looking at the property the second story addition could be placed on the Lomita side of the.' property and it would take the bulk and the o height off the property. He asked for City Council ~:o support the Planning Commission and deny the appeal. Gay Crawford, 14711 Aloha, said she was curious in terms of defining the neighborhood which Mr. Heid had said he had a problem doing. She said there are probably 75 years of experience in the audience in knowing the Aloha neighborhood and what has happened. She said that when her family first moved they had thought about building a second story but that out of the respect for the neighbors they didn't do it. She said in 1983 Mr. Westbrook wanted a two story home and his appeal was denied. Foliowing that the Pinn Brothers homes went up. She said those homes are out of character with the neighborhood and they feel they must be vigilant. She said two story design is something that generally should not happen in this neighborhood. She said she had 35 signatures of people all around this home who do not want this two story house. By overturning the Planning Commission recommendation, council would not only be approving a two story home here but allowing others. Ms. Crowford said she knows Mr. Moyles is planning a two story home and she was sony he was participating in the fight in this way because she felt this was a unanimous neighborhood decision except for Mr. Moyles. She presented the petition. In answer to Councilmember Tucker's question Ms. Crawford showed where the Westbrook home was. She said that those people who have lived in the neighborhood for 27-30 years will stay but Councils will come and go. In answer to Councilmember Moran's question as to whether there was a correspondence between the petition and the red Xs on the drawing, Ms. Crawford said there was. Gene Dougherty, 14732 Aloha, said he lives three houses from the Abdullah property and has lived there almost 28 years. He said there are no 'nao story homes in the immediate area of the Abdullah home and he said he felt that a second slory would be incompatible and would reduce privacy and views that they share. He said that on at least three other occasions a plan was presented for a second story and had been denied in response to feelings of the neighbors. He said he had walked around the property and estimated that there is 90 ft. from the back of this home to the back of the property and a 3-4 ft. rise in grade which is a 2-1/2 % grade. He said there is lots of room and a fairly level grade behind the house to expand in that direction, avoiding a second story home. In the long the nm the biggest factor is setting a precedent of City Council Hinutes 7 July 19f 1995 second story homes and a degradation in privacy and character- of the existing neighborhood. He urged support of the Planning Commission denial. Mike Grimm, 20504 Komina, said he had a hard time visualizing the height of the house so had propped things up at the 23 ft. levd and gotten a feel for that height. He said they are very concerned that it would impact their views. It would completely block their view to the south and from the kitchen. They have a very narrow lot and are concerned that with the height of the house and the fact that there is a garage right on the lot line next door, they would have a tunnel effect. He said that for those reasons they hoped council would uphold the Planning Commission's decision. He showed Councilmembers where his lot is in relation to the Abdullah's. David Moyles, 14703 Aloha, said his wife Denise was at the meeting as well. He said he was an Aloha resident only since 1992 but had lived in Saratoga since 1956. He said he agreed with Mr. Held's technical analysis of the Findings that need to be made in order for Council to approve the Abdullah's proposal. He said he would like to add two slightly different perspectives. He said he felt that the use proposed was not uncommon in the neighborhood He said he thought Mr. Heid's map and the coding on it is graphic evidence of the point he was trying to make. He said it might not be a dominant use but it is a rather common type of use in the neighborhood. The neighborhood has a diverse housing style, and he said he thought that within that diversity they could easily embrace the use that Mr. Abdullah proposes. He said his own home is one Story but is taller than the two story home proposed. He said he and his wife were also concerned that if no one came to the meeting and spoke in support of Mr. Abdullah it might be argued that this was evidence that the Abdullahs had no support in the neighborhood. He said there is widespread support. He said for various reasons people are disinclined to get into any argument and they had asked him to speak on their behalf. He said he thought the only fair statement that can be made about neighborhood opinion is that it is o divided. Council will have to work out this disagreement. Even if there were no support in the neighborhood he said he would Like to think that this Council would conclude that the applicant should proceed in the belief that the use proposed was within the letter and spirit. of the Saratoga ordinance. He said he and his wife believe that and hope council can make the finding and let him proceed. Audrey J. Chapman, Aloha Avenue, read from a letter she had presented to Council stating that she had moved from Cupertino because of crowding, the overbearing structures and lack of privacy. She said she had lived in Saratoga for eight years and didn't want the neighborhood changed. She said that with the lot size the way it is, a very large one story house would be compatible with the neighborhood and respectful of neighbors' privacy. Mr. Held said in response to Councilmember Wolfe that the house that Mr. Grimm lives in was given approval for two stories in 1989. Mr. Held cited other examples of new two story houses. He said the George Day houses were designed as they are built. Teehnieaily these houses have been designed so they can't be added to. With the Abdullah proposal, the foundation for the present house will not support a two story house. He said they tried to keep a low profile. He said there are houses in any neighborhood where people would like to have a master bedroom on the second floor. He said he didn't have a hard time defining the neighborhood because he felt it was the entire S00 ft. on both sides of this lot and people on Loreira definitely heard about the proposal. In answer to the claim that the grades were not as high as he said, the engineer's drawing showed that from the rear fence the property climbs very rapidly. In addition, he said he thought Mr. Moyles has windows in the roof area which are not being used but are part of the identification of this style of architecture. In answer to a question from Council about whether the photo of the ladder accurately reflected the elevation, Mr. Held said he was not sure, but maybe Mr. Abdullah would know. He said that Mr. Grimm had indicated that privacy was important to him and his wife but she would lose her kitchen window as far as the existing house if it were a one story. He said the upstairs window shown on the elevation it is fairly visible and they had tried everything to maintain privacy. He said Mr. Grimm's view is just a small opening in the trees and they would not destroy that view. Mr. Held presented Council with photos taken from the corner looking up and down Aloha from Komina. He said the trees shown will remain. Dead ones will come out and some will be City Council M~nutes 2. ~uly 19# 1995 thinned. The site will be tailored only and aletaxed up. The second floor is 87 feet from the pavement at Komina which is a considerable dislance from the Bachmarts and everyone else. Mr. Abdullah said he had some key points about the view and the ladder. He said the ladder was placed two feet above the elevation where t~uilding will occur. The actual facade is only 18 ft. He said the Bachman's lot slopes up to 2Z6 ft. In regard to the privacy issue of the one small window in the nursery, Mr. Grimm had suggested that he use that type of Window which he had done. He said that he would remove the window altogether if there is still a concern He said he is respectful of the laws of Saratoga and the rights of neighbors. He said they had found the best person to represent them, Mr. Held. He said they worked very dosely with the Community Development Departuaent and have asked for no variances. He said they had visited as many neighbors has they could and was told there were no specific issues. He said they have also taken input from the Planning Commission and the input they got was that the architectural style was not compatible so they went back and did specific iterations of the design. He spoke of the cost, length and complexity of the process. Mr. Abdullah said they have gone through the process because this is their home that they think meets their needs. He said he hoped Council would permit them to build this home that they could enjoy for the rest of their lives. Mayor Burger closed the public hearing at 8:55 p.m.' Ms. Crawford said her understanding was that the Planning Commission had denied the request and that staff changed that. In answer to Ms. Crawford's question. Mayor Burher repeated her earlier clarification that what staff has presented to Council is a recommendat[on that reflects the majority decision of the o Planning Commission. Councilmember~Vloran asked if there are landscaping plans that reflect the landscaping shown in the exhibit. Community Development Director Curtis said the site plan will contain a final landscape plan including details and screening that will be required. This will have to be done prior to zoning clearance which precedes building permit issuance. He said it would indicate size of existing plant materials and trees and new 13:ees that would be required. In addressing Councilmember Moran's concern regarding the fact that there were not that many ordinance · protected trees on the site, Mr. Curtis said he preferred a performance standard. For example, Council could say this is what we want to accompEsh with landscaping and the landscaping plan would reflect it. Mr. Curtis said it always helps L~ Council indicates there is something specific they want to be accomplished. Councilmember Jacobs was informed that the height from the top of the grade to the second story was 22.5 ft. and 21 ft. from the street grade. Mr. Curtis 'informed Councilmember Wolfe that he was not aware of any restrictions that the · George Day always remain one story but that the original CC&Rs did prohibit second story construction. The City does not enforce CC&Rs. Councilmember Tucker said it is difficult when a neighborhood wants to remain one story and someone wants to build a home that meets fiaeir needs and has one designed to meet requirements. She said in looking at the application, it seems the applicant has met or exceeded all the requirements of the City. She said she thinks this is a neighborhood that is concerned about the second story element and that the second story will be massive and bulky. However, there are homes in the neighborhood that are as t~dl or taller than the one being proposed. She said in her mind, this is a difference without distinction other than the privacy issue which had been raised. She said she thinks the privacy issues can be mitigated one by one. She said the area is one of beautiful custom and unique homes and that this home will fit. She said she will support the application. Councilmember Moran gave three reasons why she will support the proposed home: 1) she believes that they should very carefully consider the issue of building a two story home in a neighborhood as charming as this is. She said she believed that Council and the Planning City Council Minutes 9 July 19, 1995 Commission did carefully consider this and she has looked at the property several times; 2) she said privacy is a legitimate concern and one that should have careful attention. She said she believed that in this case the applicant has addressed those concerns, particularly ff he is willing to remove the window. She said she is aware that privacy can be a problem in that you don't want two story homes overlooking the back yard. However, she said the orientation of the proposed second story element is toward the garage of the Grimm property and fairly far away; and 3) she said she believes the second story element has been successfully recessed into the roof line and covers a fairly small percentage of the first floor area. She believed that they should ask staff to make sure it is heavily landscaped so it will not be too prominent. She said the proposal is a style of house that will fit with the neighborhood not interfere with its charm. She said- she thought she and the other CounciLmembers had listened carefully to all concerns. \. Councilmember Wolfe said he could hear all the concerns. The rights of neighbors and the neighborhood were mentioned. He said those rights are made up of individual homeowners. He said he had not brought up the precedent issue in a flippant manner but wanted to prove a point that they are not creating a massive movement toward two story construction in the area and that ff it were to occur that it be done tastefully. He said it was no secret that his policy is to honor the design offered by the owner of the property. He said that privilege is mentioned in the Constitution. and that everyone enjoys the same rights. He said the primary person of consideration is the person who has title to the property in question. In honoring the design offered by the property owner there are considerations beyond that including fire and safety and zoning, etc. He said when he was on the Planning Commission he would first listen the immediate neighbors and give less credence as distance increased. He said Mr. Abdullah said he was concerned about neighbors' rights and was willing to make changes. The Grimms, who would be most impacted by this proposal are now looking at property on which anything that happens will probably be an improvement. He said he would support the application and asked the neighbors to welcome the Abdullahs to their next 4th of July party. WOLFE/MORAN TO APPROVE THE APPLICA'HON. Councilmember Jacobs said this is difficult because there is no clear rule which prohibits or supports the application and it comes down to a matter of taste, perception and discretion. He said that city planning is not a popularity contest, but that does not mean that they should not listen to what the neighbors say. Public opinion can change and is often based on fears and prejudices that go beyond the questions of architectural merit. He said Council has to consider and balance the wishes and concerns of the neighbors against the rights of property owners. The neighbors have the right to concerns about something which is going to injure the integrity, quality or composition of heir neighborhood. Ms. Crawford had said that councils come and go but neighbors are there forever. He said he had lived in his neighborhood for 21 years and neighbors also come and go. He said neighbors don't have a right to control and determine the nature of their neighborhood for all time. He had looked at this very carefully and looked at the neighborhood and was unable to find that the proposal is out of character with the neighborhood. He did not believe this will cause a rush to build two story homes. The front elevation fits very well~ The Grimms' concerns about privacy are justifiable and his approval would be based on Mr. Abdullah's promise to remove the window. He said he would support the application. Mayor Burger said she would be voting in favor of the proposed home and urged the neighbors to think of the neighborhood as a neighborhood that does not have just one character but has two characters as a result of time. It consists of homes on both sides of the street and on Komina and Lomita and surrounding streets. Councilmember Moran asked if she could add a condition of approval regarding the window removal and a performance goal that the landscaping would resemble the exhibit shown tonight. Following City Attomey Riback's clarification, Councilmember Wolfe stated his motion was to tentatively uphold the appeal subject to staff and the city attomey bringing back a resolution containing appropriate findings and conditions of approval for the Council to act upon. C~ty Council H~nUtes l,o ~uly xg, 1995 After discussion about the removal of the window being a condition of approval, Community Development Director Curtis said that what he was hearing was that one of the conditions will be to remove the second stovf window that face,.; Grimm property. Mayor Burger restated the motion as follows: To uphold the appeal, overturn the Planning Commission decision with the condition that the.' window on the second story that faces the property to the rear (Grimm property) be removed from the plans, and the landscaping plan shall be consistent with the presented elevations~: to return a resolution to.City Council at the next meeting reflecting the decision made this evening. Passed 5-0 At 9:20 p.m., Mayor Burger excused the City Attomey and recessed the meeting. Mayor Burger called the meeting back to order a'~ 9:34 p.m. and returned to Item 9. 9. ROLrYINE MA~ A. Approval of Minutes - 7/5; 7/8; 7/:ll The minutes were approved as submitted. B. Approval of Warrant List MORAN/TUCKF_JI. TO APPROVE THE WARRANT HST. Passed 5-0. 10- CITY COUNCIL IS A. Agenda items for joint meeting wilt Heritage Commission August 8 Councilmember Wolfe asked that a review of how the Commission selects premises for heritage designation be added to the agenda. B. Other Councilmember Moran mentioned the letter corfanenting negatively on the performance of a City employee and asked about scheduling a personnel session. Mayor Burger stated this has been turned over to the City Manager who will report to them in closed session. Mr. Peacock said he would also like to have the department head attend the meeting and suggested August 8 as a date for the closed session. Councilmember Jacobs said that Council had established a policy of a quarterly review of the City Manager's performance. By consensus, August 22 was set for the closed session for the City Manager's performance evaluation and discussion of the heritage tree policy. Councilmember Moran said that San Diego sells old street signs and asked ff this might be a possible source of revenue for Saratoga. D~rector of Public Works Perlin said that the City's old signs are recycled but that they would be happy to sell new signs. Councilmember Wolfe suggested that the Business Development Council take the matter under advisement. Councilmember Wolfe reminded those present of lhe Farmer's Market on Saturday. Mayor Burger said she had received a phone call from Jack Lucas, the City's representative on the Traffic Authority. He said they have conducted somnd checks on Highway 85 and charted the results. Supplementary tests are not being prepared. Councilmember Jacobs said he thought it was appropriate to invite Mr. Lucas to the meeting the City has scheduled. Director of Public Works Pertin said he had talked to Mr. Lucas and the Traffic authority will probably send one or more staff people. City Manager Peacock suggested inviting Assemblyman Cuuneen, Senator Campbell, Congressman Mineta and someone front the Caltrans district office~ Mayor Burger said she had spoken with the chair of the Heritage Preservation Commission regarding meeting attendance and was told it was a temporary problem. Cit~ Council Xinutes Xl ~ul~ 19, X995 Mayor Burger extended an invitation for the Public Safety picnic in August and said that $700 had been contributed to defray the costs of the event. She said she hoped more would be received. City Manager Peacock said that because of the cutback of hours for the Community Services Officers, different arrangements might have to be made for delivery of. Council packets. Following discussion, by consensus, Council agreed that the CSOs would fit it into their schedules on Fridays if possible. If not the packets would be delivered Saturday. City Manger Peacock informed Council that Monte Sereno had made the decision to go with Los Gatos for police services, which raises concerns regarding cost increases for the other cities who contract with the County Sheriff. He said he had spoken to Sheriff GiBingham and was assured there should be no negative impact on Saratoga. 11. ADJOURNMENT to next meeting at 7:00 p.m. on Tuesday, July 25, in Administration ' Meeting Room, 13777 Fruitvale Avenue. At 9:50 p.m., the meeting was adjourned in memory of Keith Konopasek. Roberta Wolfe,