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HomeMy WebLinkAbout08-07-1996 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, August 7, 1996 7:00 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting Closed Session in Administration Conference Room, 13777 Fruitvale Ave. at 7:00 p.m. pursuant to Section 54957.6: CONFERENCE WITH LABOR NEGOTIATOR Agency negotiator: Harry Peacock Employee organization: Saratoga Employees Association and Saratoga Management Organization The Mayor announced that no action had been taken at the closed session. 7:32 Pledge of Allegiance led by Karen Anderson. 1. ROLL CALL Councilmembers Present: Burger, Tucker, and Mayor Jacobs. Councilmembers Absent: Moran and Wolfe. Staff Present: City Manager Peacock, City Attorney Riback, Public Works Director Perlin, Planning Director Curtis. 2. CEREMONIAL ITEMS A. Presentation to Mayor Jacobs and Councilmember Burger by Issues Today Television Forum No one was in attendance to make the presentation. 3. REPORT OF CITY CLERK ON POSTING OF AGENDA City Manager Peacock reported that pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on August 2. 4. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATION FROM SANTA CLARA COUNTY HOUSING ACTION COALITION Beth Makosey of the Tri-County Apartment Association said she epresented the Santa Clara' County Housing Action Coalition, and highlighted findings from the U.C. Berkeley study regarding the causes, challenges and solutions to the County's housing shortage. B. GENERAL ORAL COMMUNICATIONS Jim Schindler, 12302 Goleta Court, said he had new information which was not considered in the decision of the Parks Task Force and requested that Item 5.A.1 be removed from the Consent Calendar. City Attorney Riback said Council could delay oral communications and move to the Consent Calendar. Mayor Jacobs moved the agenda to the Consent Calendar. TUCKER/BURGER MOVED TO MOVE ITEM 5.A.1 TO SECTION B OF THE CONSENT CALENDAR. TUCKER/BURGER MOVED TO MOVEITEM 5.A.2 TO SECTION B OF THE CONSENT CALENDAR. Councilmembers discussed the motions as follows: 1. The previous meetings had been well-publicized, but those who artended the Council meeting at which a decision was made were under the impression that was a final decision in regard to the general framework of the plan. 2. There may be information Council had not heard which could be forwarded to the committee for consideration during the planning and design phases which would not be undertaken without further input in any case. City Councll Minutes 2 August 7, 1996 3. Perhaps Oral Communications was the more appropriate spot for this information since it would be unfair for Council to change their decision at this meeting. Councilmembers Tucker and Burger agreed to withdraw the motion and second regarding Item 5.A.1. Mayor Jacobs returned the agenda to Oral Communications Mr. Schindler drew attention to ~he petition and survey presented to Council. There were more than 200 signatures and in most cases, they were registered voters. He said they were asked to let the City know what they wanted to see as parks were developed, but apparently the desires of the people as tabulated in the survey were ignored. He suggested that those desires regarding traffic and safety should be considered by everyone. He said they f~el Cupertino Union School District is not accepting responsibility and accountability for assurances given in regard to traffic at Blue Hills School when portable classrooms were installed. Allen T. Roten, 19812 Veronica Drive, Vice President of Greenbrier Homeowners and Taxpayers Association, said theirs was the longest lived homeowners association in Saratoga. He referred to a letter signed by Sally Johnson, association President. There are 180 homes .in the association. He read the letter into the record. Mr. Roten said they gave the report to the parks task force before a panel was appointed. The panel did not include anyone from their area, which they did not understand. Also, they never received acknowledgment that their report had been accepted, reviewed or rejected. Some of their people did participate in the workshop. Joan Greene, 12350 Goleta Avenue, said they have been assured for years that Azule would be a neighborhood park but development was always put on hold. Members of the committee had not notified her of the recent meetings or she would have spoken at that time. She requested'a red zone in front of her home. Jennifer Crotty, 13861 Raven Court, Chair of the Task Force and member of the Parks and Recreation Commission, said they greatly appreciate everyone who came to the meetings. Council was aware that the workshop was well attended and widely advertised. At the end of the workshop, all participants were notified that they were welcome to attend all meetings of the Task Force and the Parks and Recreation Commission. She said they agreed that traffic and safety are issues, not only in the Greenbrier area. In fact, they had specifically asked for only soccer fields at Azule Park and no baseball fields. All interested people will be invited to workshops where the actual design of parks will be considered with a consultant#s help. She said she feels they have gone overboard to accommodate the needs of neighborhoods but also the needs of the greater community. Everyone agrees that the youth of Saratoga needs a lot of attention. The workshop was well attendedand it would be great if they could make everyone happy. Kay Whitney, 13067 Jaccaranda Court, member of Task Force and resident for 23 years, said she had raised four kids as a single parent and part of the reason they are the kind of people you would want to know is because the community of Saratoga provided lots of opportunities to them. She said when you hear sports leaders saying that kids are climbing over fences looking for places to play, that is a problem that can be solved. She said she heard people after the meetings who had started out with their own agendas, but had put them aside and a sense of community emerged. She said they need to provide things that will bring the community together and she hoped people would be able to learn to live with some traffic as she had where she lives near Congress Springs Park. This is one community and decisions have to be made for the whole community. Mayor Jacobs moved the agenda to Item 5.A.1. 5. CONSENT CALENDAR City Council Minutes 3 August 1996 A. Prevlously-Discussed Items 1) Community Task Force Recommendations on Parks and Recreation Development Fund Usage (as revised on 7/17/96) Discussion followed regarding how to show Council's priorities. TUCKER/BURGER TO APPEND THE RELEVANT PORTIONS OF THE MINUTES AS PART OF THE STAFF RECOMMENDATION AND TO ADD ITEM 5 TO THE POLICY STATING THAT THE ABOVE PROJECTS ARE NOT STATED IN PRIORITY ORDER OF EXECUTION. Councilmember Burger emphasized that this is a community effort and Council is not making final plans about development of any of the parks at this time. When they reach that point, community members can be part of the design process if they wish. Mayor Jacobs said he anticipated any material and comments presented tonight will be forwarded to the Parks and Recreation Commission for consideration during the planning process. THE MOTION PASSED 3-0. 2) Ordinance relating to Household Sales (second reading and adoption, waiving reading in full) Councilmembers Tucker and Burger withdrew the motion and second to remove this item from the Consent Calendar. Following discussion on the procedure to be followed, Mayor Jacobs moved the agenda to Oral Communications. Marvin Becker, 12120 Mellowood Drive, President of Brookview Homeowners Association, said this group was formed 30 years ago. Regarding. allowing only one sign for block sales at the site of the sale, he said there would be no way for people to know that there is a sale going on. The neighborhood has held block sales for seven years and the signs are usually put up the night before and taken down after the sale. Many of the signs in the area are put up by San Jose residents. Mayor Jacobs moved the agenda to Item 5.A.2 5. CONSENT CALENDAR A. Previously-Discussed Items 2) Ordinance relating to Household Sales (second reading and adoption, waiving reading in full) Council was informed that they had recently enacted an ordinance that prohibits temporary signs in the public right of way with certain exceptions. City Manager Peacock said this ordinance relates only to the number of signs that can be put on private property. What Mr. Becket and Ms. Fariss are talking about is amending the sign ordinance to allow temporary signs in the public right of way or on other private property. BURGER/TUCKER MOVED TO ADOPT ORDINANCE 71-165 AS WRITTEN WAIVING READING IN FULL. Discussion followed regarding Council's interpretation of what Fariss was requesting in her letter and prohibition of signs on private property. City Attorney Riback said that by this ordinance, Council is adopting standards in regard to garage sales. Garage sale signs have been prohibited on both public and private property until now. THE MOTION PASSED 3-0. 6. PUBLIC HEARINGS City Council Minutes 4 August 7, 1996 A. Appeal of Design Review approval to construct a new 3,523 sq. ft. two-story residence on an undeveloped hillside parcel at 15580 PEACH HILL RD. and Variance approval to allow the structure to deviate from lot depth percentage-based setbacks and to allow retaining walls within the required front yard in excess of 3 ft. in height. The 1.05 acre subject property was recently approved by the City Council to be annexed to Saratoga and will be in the Hillside Residential zoning district. DR-96-015 & V-96-003 (APN-517-23-026) - (APPELLANT, GIBERSON~ APPLICANT, WILSON/DAVISON) Community Development Director Curtis presented the staff report. In reference to the Gibersons' claim that there should be CEQA review of the sewer hookup, Mr. Curtis said this is a hookup to a sewer, not an extension of a sewer trunk line. He said the objections in the appeal letter are technical and legal and he was satisfied that the City has complied with these requirements. Councilmember Burger indicated that she had met with the applicant on the site. The appeal has little to do with design review. The Giberson home is not visible from the site of the proposed home. Also, she received a call from Jan Birenbaum whose property is adjacent below the site. Mrs. Birenbaum and her husband have no objection to the development. Mayor Jacobs indicated that he and other Councilmembers had received a letter from the applicant. In addition, Mr. Wilson invited him to view the property but he declined as it appeared a site visit was not necessary since the issues raised were technical ones. He gave the City Manager a copy of the letter to be made part of the public record. MayorJacobs opened the public hearing at 8:40 p.m. Meg Giberson, appellant, 15561 Glen Una Drive, said they live in the Saratoga sphere of influence and feel a good deal of Saratoga spirit. She welcomed the Wilson/Davisons to the area and stated that the house design has been well done. She said their concerns were about the environmental impact of a sewer hookup if it should take place in the Willow Creek Canyon. Their concerns are largely CEQA concerns because of the Birenbaum and Kennedy projects. Their experience is that the environment is the big loser in these projects when there has been insufficient review by the City and when there has been insufficient oversight of the project by City staff. She said they speak as citizens because it is their duty to speak and as witnesses because of the destruction they have seen, most of which occurred when the Birenbaum project went.through. She said they were concerned about potential impact on the riparian area and that the project does not have sufficient detail as presented to the Planning Commission as there was no condition regarding location of sewer hookup. She questioned the claim in the staff report that the City cannot say no to any sewer hookup the applicant wanted if it was available. If that is true there should be review because of potential devastation to the creek. If that is not true, there should be a statement in the approval of the project that the applicant must use the sewer hookup located on Peach Hill Road; in the event there is a change in the hookup it should be opened to another hearing. Robert Wilson, 875 Brent Drive, Cupertino, applicant, said most of the objections do not refer to construction but to the possibility that they will allow the extension of the sewer line in the creek line. He pointed out that their intended connection was to the Peach Hill Road line and showed that on the plan. He said they are taking the shorter path and the other hookup is a tortuous route through the trees. In regard to the riparian environment, the house is in a hollow and drainage is not directed into the creek but through the Birenbaum property. He said he understood the environmental concerns expressed regarding impacts on the creek hookup, but they have not proposed to do that. Michael Garibaldi, project architect, 125 M~ntgomery, San Francisco, City Council Minutes 5 August 7, 1996 said this is a complex site. Slopes, trees and drainage were constraints. They placed the house on the site with these issues in mind. They have done very little grading to minimize the environmental impact. As far as the conditions of approval, there are specific requirements for tree protection and grading would be done within the guidelines presented by the City. He said they did not want to cause, difficulties with neighbors and residents can contact them to work out problems. Community Development Director Curtis answered Councilmembers' questions about the sewer hookup. A1 Giberson, said there are two sewer lines and they wanted the City to dictate that the applicant use the Peach Hill Road hookup. He said that if that was a condition of approval he would be satisfied. They did not want things changed without a public hearing. Ms. Giberson explained why they had hooked up to the creek sewer line. She said they have seen the creek destroyed by Mr. Kennedy's sewer extension along the creek and there should have been environmental review prior to that. She repeated that if there is a change in the sewer hookup, they believe there should be a public hearing. Mayor Jacobs closed the public hearing at 9:05 p.m. When asked if he would accept a condition that in the event they decide to change the sewer hookup there would be a further public hearing, Mr. Wilson said he would be happy to accept that condition because that is their intent. On the other hand, he felt peculiar that even though they have stated this to both the Planning Commission and the Gibersons, they are still threatened with delays. He said he thought this was an inappropriate use of the appeal procedure. He said he objected to being bullied by his neighbors, but his plans would not change so he agreed to the condition and to putting it in writing. Discussion followed as to the appropriateness of requiring a public hearing in the event of a change in the hookup. BURGER/TUCKER TO DENY THE APPEAL, UPHOLDING PLANNING COMMISSION DECISION AND ADDING A CONDITION OF APPROVAL THAT THE APPLICANT WILL HOOK UP TO THE PEACH HILL ROAD SEWER LINE. PASSED 3-0. City Manager Peacock said the City Attorney will prepare a revised resolution adding Condition 15 and the City Council will act on that resolution on September 4. Mayor Jacobs expressed concerns with the appeal, stating the differences probably could have been settled between the parties, thus avoiding the cost and delay of the appeal. Councilmember Tucker added that the General Plan had been updated to add protection regarding placing of structures near a creek. B. Weed Abatement Assessments for 1996-97 City Manager Peacock presented the staff report. Mayor Jacobs opened the public hearing at 9:16 p.m. No one wished to speak and the public hearing was closed. TUCKER/BURGER TO ADOPT RESOLUTION NO. 96-47 CONFIRMING REPORT AND ASSESSMENT OF WEED ABATEMENT CHARGES. PASSED 3-0. Mayor Jacobs moved the agenda to Item 4, C and D, followed by Item 5B. 4. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC C. COMMUNICATIONS FROM COMMISSIONS D. WRITTEN COMMUNICATIONS 1) Marcia Fariss, Saratoga Glen Place, with suggestions on City Council Minutes 6 August 1996 garage sale sign ordinance (see item 5.A.2.) 5. CONSENT CALENDAR B. New Items 1) Planning Commission Actions, 7/24 - Note and file. 2) Approval of Reallocation of Approved Funds for Tri-Aegis Residential Services, Inc. for Use as Down Payment for Residential Care Home 3) Resolutions 96-42.2 and 96-42.3 amending budget by making adjustments for end of FY 1995-96 and carryovers to FY 1996-97 4) Memo Authorizing Publicity for Upcoming Hearings No hearings scheduled for September 4. 5) Approval of Check Register 6) Quarterly Report to Regional Water Quality Control Board on City NPDES Activity 7) Final Acceptance of Subdivision Improvements for Tract 8671; Resolution 96-46 rescinding previously-rejected offers of dedication; Resolution 36-B-248 accepting Heritage Oak Lane into the city Street System 8) Acceptance of Pierce Road Bridge Replacement Project, CIP 953, as complete BURGER/TUCKER TO APPROVE CONSENT CALENDAR ITEMS 5.B., I THOUGH 8. PASSED 3-0. C. CLAIMS AGAINST THE CITY - None. Mayor Jacobs moved the agenda to Item 7. 7. OLD BUSINESS - None. 8. NEW BUSINESS A. Oral Communications (continued) and instructions to staff regarding actions on current oral communications - None. B. Offer of Setback Easement for Properties having Frontage or Side Yards Facing via colina Community Development Director Curtis presented the staff report. BURGER/TUCKER TO REJECT THE OFFER OF SETBACK EASEMENT FOR PROPERTIES HAVING FRONTAGE OR SIDE YARDS FACING VIA COLINA. PASSED 3-0. C. Request by california Highway Patrol for Support to seek Authority to use Radar to enforce Speed Limits on Route 85 Freeway City Manager Peacock presented the staff report. BURGER/JACOBS TO AUTHORIZE THE MAYOR TO SIGN THE LETTER OF SUPPORT TO SEEK AUTHORITY TO USE RADAR TO ENFORCE SPEED LIMITS ON ROUTE 85 FREEWAY. Councilmember Tucker said she was not in favor and thought this was a ploy to fatten the state's coffers. Councilmember Burger and Mayor Jacobs said they were in favor of the proposal. THE MOTION PASSED 2-1 WITH TUCKER VOTING NO. 9. ROUTINE MATTERS City Council Minutes 7 August 1996 A. Approval of Minutes - 7/17~ 7/23 TUCKER/BURGER TO APPROVE THE MINUTES OF JULY 17, 1996. PASSED 3-0. TUCKER/BURGER TO APPROVE THE MINUTES OF JULY 23, 1996. PASSED 3-0. 10. CITY COUNCIL ITEMS A. Agenda items for adjourned regular meetings - August 27, No items scheduled; September 10, no items scheduled. B. Other councilmember Burger alerted Council to the fact that on Monday evening at the Parks and Recreation meeting there were a number of neighbors who spoke on extensive alcohol consumption at Quito Park resulting in incidents where people who had paid and reserved areas were run off by a loud and rowdy crowd. Also, Council is aware there have been incidents at the Community Garden at that park. After that testimony, the Parks and Recreation Commission asked that a letter be forwarded to the City Manager and City Council requesting that ordinances addressing alcohol consumption in that park be revised. They have asked that this request be considered by Council as soon as possible. Following discussion, Council reached consensus to consider this matter at the September 10 meeting. Mayor Jacobs said he would like Council to go into closed session relating to potential purchase of real property. City Attorney Riback said the City Council needs to make the determination in open session that this is a matter of urgency which can be discussed in closed session. Mayor Jacobs said the City has discussed with the owner the potential purchase by the City of the Mountain Winery property. An offer has been made, and there is a limited window of opportunity. It is important to act before the September 4 meeting to discuss that offer and a counter offer made by the City. JACOBS MOVED TO ADJOURNTO CLOSED SESSION TO DISCUSS THE OFFER FROM THE OWNERS OF THE MOUNTAIN WINERY AND THE COUNTER OFFER PROM THE CITY TO PURCHASE THE PROPERTY. City Attorney Riback pointed out that it was his understanding that as late as today, information critical for City Council to consider had been received. TUCKER SECONDED THE MOTION. PASSED 3-0. 11. ADJOURNMENT At 9:34 p.m., Council adjourned to the Administrative Conference Room to conduct a closed session pursuant to Government Code Section 54956.8: CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property: Paul Masson Mountain Winery Negotiating parties: Raveesh K. Kumra - City of Saratoga Under negotiation: Instruction to negotiator concerning price and terms of payment At 10:35 p.m. the Council reconvened, and the Mayor announced that no action had been taken in the closed session. The meeting was adjourned. Respectfully submitted, Roberta Wolfe ~ Minutes Clerk