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HomeMy WebLinkAbout04-03-1996 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, April 3, 1996 - 7:00 p.m. PLACE: Civic T~eater, 13777 Fruitvale Ave. TYPE: Regular Meeting 7:00 in Administration Conference Room, 13777 Fruitvale Avenue: Closed Session for purpose of Conference with Labor Negotiator Agency negotiator: Harry R. Peacock Employee organization: Saratoga Employees Association and Saratoga Management Organization Unrepresented employee: Assistant to the City Manager Pledge of Allegiance'- Led by Councilmember Tucker. 1. ROLL CALL The meeting was called to order at 7:33 p.m. Councilmembers Moran, Tucker, Wolfe and Mayor Jacobs were present. Councilmember Burger was excused. Staff present: City Manager Peacock, City Attorney Riback, Community Development Director Curtis, Finance Director Thomas Fil. 2. CEREMONIAL ITEMS A. Resolution Honoring Memory of Eugene O'Rorke MORAN/TUCKER MOVED TO POSTPONE PRESENTATION OF THE RESOLUTION UNTIL MRS. O'RORKE CAN BE PRESENT. PASSED 4-0. B. Resolution HonOring Memory of Ben Strong MORAN/TUCKER MOVED TO POSTPONE PRESENTATION OF THE RESOLUTION UNTIL JUNE AT THE REQUEST OF THE FAMILY OF MR. STRONG. PASSED 4-0. C. Proclamation on Professional Secretaries Week TUCKER/WOLFE MOVED TO APPROVE THE PROCLAMATION ON PROFESSIONAL SECRETARIES WEEK. PASSED 4-0. 3. REPORT OF CITY CLERK ON POSTING OF AGENDA City Manager Peacock announced that pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on March 29. 4. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS ~= . .... F. L. Stutzman, 15195 Park Drive, saidI he wished to comment for the record regarding misinformation that was disseminated by the No on G Committee in the recent election. He said Measure G was a well-drafted document, prepared by a respected law firm in San Francisco which was also responsible for Napa County's Measure J in 1990 and for a measure which will probably be on the ballot in Monterey County in November. He said that in five years of Measure J's existence, it has cost the taxpayers nothing. He described measures that have been on the ballot since then and were soundly defeated. He said backers of Measure G encourage Council to implement the measure openly in public hearings and to do so to carry out the wishes of the majority of Saratoga voters and not subvert its intent. He pointed out that the petition process, as well as the recall process, is an instrument of representative government which is resorted to occasionally by individuals unhappy with the way in which government is proceeding. Dr. Stutzman said it is not a Draconian measure but a wakeup call and assured Council that the process will be closely monitored. Jim Shaw, 18735 Kosich Drive, said on behalf of the initiative committee he had written the Planning Commission and City Council this week. He repeated concerns expressed in that letter. He said the message was that it would be beneficial to all concerned if open City Council Minutes 2 April 3, 1996 hearings are held to consider implementation details of Measure G. Committee members pledge a cooperative spirit and are willing to help. Mayor Jacobs stated that April 20 is a quarterly town hall meeting where they intend to discuss what steps may be taken toward the implementation of Measure G. The budget and the anticipated utility users tax which may be on the ballot in November will also be discussed at that meeting. He invited interested parties to attend and said the meeting will be held from 10:00-12:00 p.m. in the Community Center. B. COMMUNICATIONS FROM COMMISSIONS - None. C. WRITTEN COMMUNICATIONS - None. 5. CONSENT CALENDAR A. Previously-Discussed Items 1) Ordinance RP-16(a) rescinding Landmark Status for 20600 Lomita Ave. (Hannah McCarty House) (second reading and adoption) 2) Ordinance 71-161 Amending the City Code relating to Nuisance Abatement Procedure (second reading and adoption) 3) Resolution 96-10.5 of Final Cancellation of Willlamson Act Contract for Nelson Gardens, 20851 Saratoga Hills Rd. TUCKER/WOLFE MOVED TO APPROVE CONSENT CALENDAR ITEMS 5A I THROUGH 3. PASSED 4-0. B. New Items 1) Planning Commission Actions, 3/27 -- Note and file. 2) Public Safety Commission Minutes, 2/21 - Note and file. 3) Library Commission Minutes, 1/24; 2/28 - Note and file. 4) Resolution 95-30.11 transferring funds from Hillside Road Repair Fund to CIP 8506 for emergency street repairs 5) Approval of Design Services Proposal from CCS, Inc. for Traffic Signal at Saratoga Avenue and Scotland Dr. and Saratoga Ave./Fruitvale Ave. Intersection Modifications ~..(CIP 9605) in the amOUnt o.f $1S,~00 6) Approval of Check Register Councilmember Moran removed Item 4. MORAN/TUCKER MOVED TO APPROVE CONSENT CALENDAR ITEMS 5B I THROUGH 6 WITH THE EXCEPTION OF ITEM 4. PASSED 4-0. 4) Resolution transferring funds from Hillside Road Repair Fund to CIP 8506 for emergency street repairs In answer to Councilmember Moran's questions regarding the fund, Thomas Fil said there is $100,000 left in the fund. City Manager Peacock explained how the formula for the fund had been established but stated there was no way to predict the frequency of emergency needs. The fund was set up to be self perpetuating. MORAN/WOLFE TO APPROVE ITEM 5B4. PASSED 4-0. C. CLAIMS AGAINST THE CITY - None. Mayor Jacobs moved the agenda to Item 8. city'council Minutes 3 April 3, 1996 8. NEW BUSINESS A. Oral Communications (continued) and instructions to staff regarding actions on current oral communications - None. B. Ordinance Relating to Responsibility to Report Defects in Sidewalk (first reading and introduction) Councilmember Moran requested continuance of this item until staff can provide more information. MORAN/TUCKER TO CONTINUE ACTION ON THIS ITEM UNTIL THE NEXT REGULAR ADJOURNED MEETING. PASSED 4-0. .... C. Memo .. Authorizing Publicity for Upcoming Hearings Z,h_No hearings scheduled for April 17. 9. ROUTINE MATTER8 A. Approval of Minutes - 3/20~ 3/26 WOLFE/MORAN MOVED TO APPROVE THE MINUTES OF MARCH 20. Passed 4-0. WOLFE/MORAN MOVED TO APPROVE THE MINUTES OF MARCH 26 AS PRESENTED. PASSED 3-0-1 (Tucker abstaining). 10. CITY COUNCIL ITEMS A. Agenda items for adjourned regular meeting April 23 1) Joint Meeting w/Rakone Foundation '-~ 2) 'Third Quarter Program and Budget Review as tentat_i~_ely outlined below.: 1. Budget Results through March 31st for FY 1995-96. (Thomas) 2. Capital Projects Status through March 31st. (Larry) a. Landscaping of Saratoga/Sunnyvale Road Medians b. Pierce Road Bridge c. Wildwood Park d. Scotland Signal 3. Status of Tree Planting Efforts through March 31st. (Ann Marie, Bob Rizzo) 4. Status of Public Relations Efforts In General. (Jennifer) 5. Status of Economic Development Plan. (Don Wolfe, Paul Curtis) 6. Status of Community Development Department Planning Projects Wu~k Plan. (PauLCurtis) ....... - a. Gateway- Specific Plan. - · - :' ;' , b. Circulation Element. c. Cellular Antenna Sites 7. Status of Development Standards/Design Review Process Review. (Paul Curtis) 8. Status of Youth Services Planning Effort. (Karen~ Jennifer) 9. Status of Park and Recreation Facilities Priority Plan. (Gill'ian, Harry) 10. Creating a New Undergrounding District for Saratoga/Sunnyvale Road from the Village north to Cox Avenue. (Larry) 11. Status of Informational/Directional Signs for the City. (Paul Curtis) 12. Status of the Technology Master Plan. (Thomas) 13. Status of Independence Day Celebration. (Paul Jacobs, Harry) 14. Status of Items in Litigation. (Mike, in Closed Session) 15. Update on SFD Building Committee (Ann Marie) 3) Annual Evaluation of City Attorney Performance City Manager Peacock reminded Councilmembers that they would be considering their self-evaluation from the April 17 meeting. Committee City Council Minutes 4 April 3, 1996 assignment reports will also be included on this agenda. He announced that the meeting will begin at 7:00 p.m. Mayor Jacobs moved the agenda to Item 7. 7. OLD BUSINESS A. Report from councilmember wolfe on Request by Saratoga Business Development Council for. Marketing Funding Councilmember Wolfe reported that the Business Development Council has been meeting for about a year and a half Considering the improvement of business conditions in the City. He described the activities of the committee and said that what is coming up now is a proposal to expand what was the Farmers Market.to Saratoga Market Days ~hich would include the Farmers Market. There would be advertising including balloons and banners in all shopping areas in Saratoga. The emphasis would not just be on the Village but throughout the City. The Committee's proposal had been presented to Council the previous Tuesday. The report included a request for $8,100 for promotion of the various events. Hopefully they would receive back that much or more in sales tax. One of the considerations is that Council has given the Chamber of Commerce a stipend of $3,200. The proposal is for the Farmers Market to run from May 4 through October 26 so they need to start advertising right away. Since the proposed activities are about improving business in the town and are akin to what the Chamber does, perhaps 82,500 of their stipend could be diverted for this purpose. Councilmember Wolfe said there might have to be some modifications of codes in order to allow, at least temporarily, for banners and other signage. He said merchants throughout the City are enthusiastic about the plan and are working together. Some Chamber of Commerce board members serve on the Business Development .Committee so they are aware of the proposed diversion of funds. Councilmember Wolfe said that the $20,000 of seed money for business development has been' spent on promotion of the Farmers Market last year, for the new'information signs, and for the consultant, Dave Kilbourne. Councilmember Moran asked about using money from next year's budget. She said she would like to see this work. City Manager Peacock said this could be done since a two-year budget had been adopted last year. Mayor Jacobs said he was not in favor of allotting any funds for this purpose. He agreed that the Farmers Market has been successful but was not sure that Saratogans really want to bring more people into the City. If merchants want to have a market day, they have a right to do that, but they should provide the money and pay for the advertising. He had not thought that the 9ity would continue to fund this type of Councilmember Wolfe said that one of the purposes was to improve quality of life for Saratogans by enabling them to do their shopping in Saratoga. Councilmember Tucker said she needed more information regarding the total picture of what the committee is asking Council to do and what their contribution would be. Councilmember Wolfe said time is a factor if the Farmers Market is to begin the first week of May. Councilmembers expressed the desire to continue this matter to the Tuesday meeting with the Chamber of Commerce so they can discuss the proposaI with them and have time to think more about the process including where the money might come from. ,City Manager Peacock said he thought there was the expectation that the City would continue to at least fund the advertising for the beginning of the Farmers Market as they had done last'year. Expansion to the rest of the community raises of the issue'of how much the City should be doing and what kind of return on the investment they would need to City Council Minutes 5 April 3, 1996 have. Councilmember Wolfe said the marketing committee and Community Development Director Curtis would be prepared to answer questions at Tuesday' s meeting. Mayor Jacobs said he would not be at that meeting and said he was not in favor of funding the request. He said he would like to see the Farmers Market continue but thinks the merchants should put in the lion's share of the advertising funds and the City should contribute very little. Less advertising should be necessary this year for the Farmers Market. Bill Cooper, a member of the committee, said he understands Council's concerns regarding the funding issue and the need for a delay. He said they had brought Council a list of things they needed and were most concerned immediately with getting approval. They cannot go to merchants and say there will be a. market day without Council approval of waivers, etc. He thought they had brought the requests up at the last Council meeting and that they would be on this agenda for action. He was informed that Council could not make the decision at this meeting and that the matter would be on the agenda for the joint meeting with the Chamber of Commerce. 6. PUBLIC HEARINGS A. Appeal of denial of request for use permit approval to allow a nonconforming commercial trucking business to continue within a residential zoning district. The subject property fronts onto Metida Dr. and abuts Prospect Rd. to the north and Route 85 to the east. The parcel is 20,878 sq. ft. in size and is located at 20201 Metida Dr. in an R-1-10,000 Zoning district (UP95-008)(Appellant/applicant, Kolotouros) (Note: Request for continuance submitted by Applicant.) City Manager Peacock stated this was the first request for a continuance of this matter. MORAN/TUCKER MOVED TO CONTINUE THE PUBLIC HEARING TO APRIL 17. PASSED B. Appeal of Design Review approval to construct a 536 sg. ft. first story addition and a 769 sg. ft. second story addition to an existing 4, 154 s(~. ft. single story residence with a detached garage and reoreatlon room. The subject property is a 45,389 sq. ft. parcel located at 14970 Sobey Rd. in the R-1-40,000 zoning district (DR94-042) (Applicant, Skov; Appellant, Anderson) City Manager P~acoCk n0t~d for the'reCord that several pieces bf correspondence were received too late to be included in the ageD~a packet. These included letters from Sandie and Arthur Mandell; Gerald and Ruth Jacobsen; Marc Hynes of Atkinson Farasyn, including a petition signed by 70+ people; Dennis McFarlane; and Lola and James Johnson. Community Development Director Curtis presented the staff report. He said a variance is not required regarding the floor area, the exception process is used. He said the setback of the proposed second story is greater than 30 ft. The second story addition would cover approximately 20% of the first floor and adds 7-1/2 ft. to the height to bring it to a total of 23 ft.; 26 ft. is allowed for a two story house. Mayor Jacobs opened the public hearing at 8:37 p.m. Marc Hynes, 660 W. Dana Avenue, Mountain View, said he represented the appellants. He referred to the last paragraph of his letter regarding the enactment of Measure G and its relationship to the proposed project. He asked Council to consider tonight the existing policies of the City in connection with the design review process and the policies set out in the design handbook which are sensitive to and seek to avoid view obstructions, problems and interference. He said the argument had City council Minutes 6 April 3, 1996 been made that something of this nature might fall within the description of Measure G. The spirit of the measure is to hold the line against more intense development at the expense of existing residents. He said he thought the policies in existence at the time of the action of the Planning Commission are adequate to support the appeal. Richard Andersen, 14971 Quito Road, appellant, said his property abuts the Skov property on the east side. He said they are bringing the appeal because the addition would affect their enjoyment of their property and its value. He described drawings and photos that were exhibited and expressed the opinion that the additional area could be built on the current level. He showed why he and his wife are concerned regarding privacy and obstruction of views. Camille Skov, 14970 Sobey Road, said she thought her request was reasonable. She did not want to cause undue pain, but said the entire house will not be as high as the one-story house in front of her. The Andersons would not be able to see her house at all if they did not come on her property and cut back the shrubs. The Andersons have a magnificent view and would still have it if she built her addition. She said it would not be easy to build the addition in any other way. Mr. Anderson explained why he pruned the shrubbery bordering the Skov property. Mayor Jacobs closed the public hearing at 8:55 p.m. City Attorney Riback said the impervious coverage on the Skov property is far below the maximum 30% allowed. Community Development Director Curtis said it is possible for the applicant to add 4,000 sq. ft. of impervious coverage on the lot. He described the survey of the area and the criteria used to determine if a house is two stories. Councilmember Tucker said she had visited the property and did not feel there will be the impact on the Andersons' view that they expect. The project does meet all the requirements of the City. Councilmember Moran also visited the site and viewed it from the Andersons' property. She said the real issue is whether the project unreasonably interferes with the view and she feels that it does. She said the Andersons are not asking that there be no change but that the change respects the City policy that property owners look to views of. neighboring or higher residences and respect them. She said she would be in favor of an addition that uses the large amount of impervious coverage available. A one story solution to the Skov's needs is available. She said she would not support the Planning Commission's recommendation but would urge the applicants to seek a solution that does not interfere W~th the. views ,ef the neighbors. Councilmember Wolfe said 'his usual position is to honor ~he design authored by the owner of the property. The proposed addition is within the bounds of the City's codes and met the approval of the Planning Commission. He agreed with Councilmember Tucker that the addition will not diminish the value of the Andersons' property and said he was inclined to deny the appeal. Mayor Jacobs clarified that in t~is proceeding Council is not bound by the Planning Commission's decision. He said the second story issues are a serious problem because there is no satisfactory policy in the City that governs whether second Stories should be allowed. Over time there is a gradual effect in which neighborhoods move more and more toward two story homes. He said his preference would be to discourage second story additions and thinks there are other ways the applicant can address the need for more space. With regard to the allusion to Measure G, in this particular case no one has made a serious claim that the Measure applies. He said his decision tonight has nothing to do with Measure G but with a long-standing position of not approving of second story additions. MORAN/JACOBS MOVED TO APPROVE AND UPHOLD THE APPELLANT'8 REQUEST AND RESCIND THE PLANNING COMMISSION'S APPROVAL. MAYOR JACOB8 AND City Council Minutes 7 April 3, 1996 COUNCILMEMBER MORAN VOTED AYE. COUNCILMEMBERS WOLFE AND TUCKER VOTED NO. City Attorney Riback said the City's code provides that when there is an evenly split vote and four or less members of the Council are present, the matter is automatically put over until the next meeting. At that time if a quorum is present and there is again an evenly split vote, the motion fails. Mayor Jacobs clarified that the matter will be considered under Old Business at the April 17 meeting. City Attorney Riback stated that the public hearing has been closed and no additional written or oral testimony should be considered by Councilmembers. Councilmember Burger can place herself in a position to vote on the matter by reviewing the record of the proceedings in full. B. Other - None. At 9:18 p.m., Mayor Jacobs adjourned to 7:00 p.m. on Tuesday, April 9, at Administration Meeting Room, 13777 Fruitvale Avenue. Respectfully submited,