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HomeMy WebLinkAbout09-04-1996 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, September 4, 1996 - 6:00 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting Closed Session in Administration Conference Room, 13777 Fruitvale Avenue AT 6:00 p.m. pursuant to Government Code Section 54957.6: CONFERENCE WITH LABOR NEGOTIATOR Agency negotiator: Lori Pegg Employee organization: Saratoga Employees Association and Saratoga Management Organization and CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9 in one case and possible initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9 in one case. The Vice Mayor announced that in closed session the City Council had ratified agreements with the Saratoga Employees Association and the Saratoga Management Association. 7:30 - Pledge of Allegiance - Led by Betty Jo Stewart. 1. ROLL CALL Councilmembers Present: Burger, Tucker, Moran, and Wolfe. Councilmembers Absent: Mayor Jacobs Staff Present: City Manager Peacock, City Attorney Riback, Public Works Director Perlin, Planner Walgren, and Finance Director Fil. 2. CEREMONIAL ITEMS A. Presentation to Mayor Jaoobs and Councilmember Burger by Issues Today Television Forum Vice Mayor Moran stated that Council would return to this item later in the meeting when Mr. Jewett arrived. B. Presentation of Certificate of AChievement for Excellence in Financial Reporting by the Government Finance Officers Association Vice Mayor Moran presented the certificate to Finance Director Fil and thanked him and other staff members who had helped prepare the report. C. Proclamatlon on Pollution Prevention Week in Saratoga BURGER/TUCKER TO APPROVE THE PROCLAMATION.- PASSED 4-0. 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 30. 4. COMMUNICATIONS PROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS Lou Thorpe, 19550 Farwell Avenue, said that a letter to the City from the Pacific Legal Foundation dated January 11 stated the. City "must stop collecting this tax and place the ordinance on the ballot for voter approval. Failure to do so may result in a complaint being filed against the City within 30 days." The City responded on February 9 stating that "The City Council has decided to place the City's utility users tax on the ballot for the November 1996 election subject to the condition that no litigation is initiated against the City by the Pacific Legal Foundation." He said one would conclude that it was the City's intent to terminate this tax in November if Measure L is defeated by the voters. Mr. Thorpe read the ballot statement and asked if there were a logical explanation of why this statement on the ballot City Council Minutes 2 September 4, 1996 fails to allow the voter to vote on terminating this tax immediately after the election. He said this was a total sham and a direct attempt to deceive the voters. Meg Giberson, 15561 Glen Una Drive, said that when a citizen appeals a project the City Council has approved but which is environmentally harmful, she thought it was in bad grace for the City to chastise the citizen for doing what the citizen has been mandated to do under state law which says all citizens have the responsibility and the duty to try to keep the environment as sound and healthy as it can be. She said she thought it was in even worse grace, in view of the fact that Saratoga charges what is the equivalent of $4,000 per hour for a citizen to exercise this duty. She asked Council to reconsider the amount charged because of the hardship this imposes on citizens who cannot afford it and because of the effect on the City' s environment of projects which are harmful, which are approved by the City and which should have more discussion and more environmental review. B. COMMUNICATIONS FROM COMMISSIONS - None. C. WRITTEN COMMUNICATIONS - None.. 5. CONSENT CALENDAR A. Previously-Discussed Items 1) Resolution 96-4S on Giberson Appeal of Wilson/Davison Project heard S/7 2) Resolution 96-49 rejecting Offer of Setback Easement as decided 8/7 TUCKER/WOLFE TO APPROVE CONSENT CALENDAR ITEMS 5.A. 1AND2. PASSED 4- . B. New Items 1) Planning Commission Actions, 8/14 - Note and file. 2) Finance Advisory Committee Minutes, 6/24~ 7/30 - Note and file. 3) Parks and Recreation Commission Minutes, 7/8 - Note and file. 4) Memo Authorizing Publicity for Upcoming Hearings - Vldanage Appeal 5) Sunland Park Landscape Improvements - Notice of Completion for Lone Star Landscape, Inc. 6) 1995 Street Maintenance Program - Notice of Completion for California Pavement Maintenance Co. 7) 1995 Pavement Management Program- Notice of Completion for Granite Rock Company 8) Award of Construction Contract for residing and painting the Warner Hutton House: 1) Declare Louis Leto Construction to be the lowest responsible bidder7 2) Move to award contract to Louis Leto Construction in the amount of $10,346~ 3) Move to authorize staff to execute change orders up to $2,000. 9) City Financial Reports for July= a) Treasurer,s Report - Receive and file. b) Investment Report - Receive and file. c) Financial Report - Receive and file. City Council Minutes 3 September 4, 1996 10) Approval of check Register 11) Resolution MV-224 prohibiting parking on a portion of Titus Avenue Councilmember Tucker requested the removal of Item 12 from the Consent Calendar. TUCKER/WOLFE TO APPROVE CONSENT CALENDAR ITEMS 5.B., i THROUGH 11. PASSED 4-0. 12) Award of Purchase of Computers under Government Contract to Dell computer in the amount of $31,708.56 Councilmember Tucker asked what the City plans to do with the old computers. Finance Director Fil said that to the extent possible they will be used as stand-alones and not be part of the network. The majority will probably be donated. City Manager Peacock said they would be offered to the school district first, then to other non-profit agencies. TUCKER/WOLFE TO AWARD THE PURCHASE OF C~MPUTERS UNDER GOVERNMENT CONTRACT TO DELL COMPUTER IN THE AMOUNT OF $31,708.56. PASSED 4-0. C. CLAIM8 AGAINST THE CITY - None. Vice Mayor Moran moved the agenda to Item 2.A. 2. CEREMONIAL ITEMS A. Presentation to Mayor Jacobs and Councilmember Burger by Issues Today Television Forum Frank Jewett said he was happy to be making the presentation because Mayor Jacobs and Councilmember Burger personify that which is important as relates to being an ambassador of the City and showing there is a great deal going on in the Saratoga metropolitan area. This special recognition award is for their appearance on Issues Today Television Forum and is for service to the people of the City of Saratoga by promoting the benefits, features, charm and characteristics of the City of Saratoga to the television viewing audience in Santa Clara County and Silicon Valley at large. He presented certificates to Councilmember Burger and Mayor Jacobs (accepted by Vice Mayor Moran). Councilmember Wolfe said he was co-host of the show which is on Channel 6 at 8:00 p.m. on Tuesday. He said Mr. Jewett is on many boards and task forces and is a candidate for Board of Trustees for the West Valley Mission College District. He thanked him for being at this meeting. Councilmember Burger thanked Mr. Jewett for the award. 7. OLD BUSINESS - None. 8. NEW BUSINESS A. Oral Communications (continued) and instructions to staff regarding actions on current oral communications Vice Mayor Moran asked the City Attorney to respond to Mr. Thorpe. City Attorney Riback indicated he would respond in writing. Councilmember Tucker said she did not believe the City charges $4,000 an hour to file an appeal and asked what the actual cost is. Ms. Giberson clarified that the fee for filing an appeal is $675 which is equivalent to a rate of $4,000 an hour as the appellant has ten minutes to present their case. B. Appeal of Denial of Kennel Permit at 13765 Saratoga Avenue (Applicant/Appellant, Malish) City Council Minutes 4 September 4, 1996 Vice Mayor stated that consideration of this item would be delayed until after the public hearing because several people were present who wished to speak. 9. ROUTINE MATTERS A. Approval of Minutes - BURGER/TUCKER MOVED TO APPROVE THE MINUTE8 OF AUGUST 7, 1996. PASSED 2-0 WITH WOLFE AND MORAN ABSTAINING. 10. CITY COUNCIL ITEMS A. Request for Amicus Participation - Turner v. County of Butte City Attorney Riback referred to the memo to Council which recommended that the City join in the brief which considers the retroactivity of a case upholding Proposition 62. WOLFE/BURGER TO PARTICIPATE IN THE AHICUS BRIEF. PASSED 4-0. City Attorney pointed out that there would be no cost to the City. B. Agenda items for adjourned reqular meeting September 1) Joint Meeting with Los Gatos-Saratoga High . school District and Saratoga Union School District (Likens has requested postponement until after election) City Manager Peacock said he would keep Councilmembers informed on the progress of development of fields at the schools. The joint meeting will be scheduled tentatively for January. 2) Underground Utility Options 3) Issues related to Relinquishmerit of Saratoga-Sunnyvale Road City Manager Peacock said the Public Works Director had suggested moving items 2 and 3 to the quarterly review session October 22, in which case there would be no items for the Sept. 24 meeting. Vice Mayor Moran moved the agenda to Item 6.A. to be followed by Item 8.B 6. PUBLIC HEARINGS A. Appeal of Design Review Approval to construct a new 5,528 sq. ft. two-story residence on a vacant, hillside lot at 21777 Vintage Lane. The subject property is 1.57 acres and is located within the Hillside Resldentlal (HR) Zoning district. DR-96-021 (APN 503-72-032) Applicant, Basu; Appellant, Saffarlan Planner Walgren presented the staff report and background. He pointed out on a map the area which cannot be built on because of the trace faults discovered during geotechnical review. He said based on the staff report analysis, compliance of the project with applicable City codes and the fact that the concerns being heard from adjacent neighbors were competing interests, the Planning Commission voted unanimously to approve the project and staff recommends that the appeal be denied. Staff's recommendation is based on the fact that the application as submitted meets all of the City's minimum development standards in terms of building height, placement, lot coverage and size, and the necessary findings could be made in terms of architectural compatibility, that the home minimizes the impacts on the neighbors' use of their property in terms of privacy and views, and the majority of the property is constrained by the no build zone which requires that the home be built where proposed. Planner Walgren said the original subdivision was approved in the late 1970s or early 1980s. As a result of the hillside preservation City Council Minutes 5 September 4, 1996 initiative and resulting court settlement, the lots were reconfigured. This lot was never part of the tentative map but was recorded as part of the court ordered final map. Planner Walgren said the revised plans presented this evening which are being appealed are the result of the house being redesigned and shifted northeast to avoid conflict with the trace faults. This is the only set of plans the Planning Commission reviewed. Planner Walgren said staff had been in contact with Mrs. Gaspar throughout the process. She indicated she would have liked to see the house moved farther down slope and would have appealed if Mr. Saffarian had not. Vice Mayor Moran opened the public hearing at 8:10 p.m. Patrick Saffarian, 21519 Saratoga Heights Drive, said his father owns Lot D which is east of the Basu lot. He addressed three issues: 1. Removal of tree #26 for safety reasons. The Basus wish to put a walkway and picnic area under the tree. The tree proposes no hazard to the structure and provides a barrier between the two lots; they request that it not be removed. He said the burden of moving the walkway and picnic area would not be as great as the benefit of keeping the tree. 2. Repositioning Of site. He said his proposal would save trees, while Mrs. Gaspar's would probably cause removal of more trees. 3. Height of the structure. Section 15-45.080 of the City' s code states that if a structure interferes with views and privacy of neighboring properties, does not preserve the natural landscape to the greatest degree possible, and does not minimize the perception of excessive bulk, Planning Commission review should not be granted. He asked that the 26 ft. height be lowered and that natural landscaping be kept. Kurt Anderson, 780 Manx Avenue, Campbell, architect, said that while the project is in accordance with the City's ordinances, he believes that the house is relatively large for houses in Saratoga. He also believed that the house could be pushed farther into the lot and rotated to reduce pad elevation. If the house is moved down the hill, six or seven more trees would have to be removed. He proposed rotating the house toward the Gaspar property, setting the pad height down, and letting the Saffarians and Mrs. Gaspar be involved in the landscaping. Jalil Saffarian, 21519 Saratoga Heights Drive, said his house on Lot D had been designed the only way it could because of the retaining wall. The way the Basu house is designed, they could look into his master bedroom and living room from their kitchen and living room. He requested that City Council require that the house be rotated to protect his privacy. Mr. Anderson clarified that there is currently no house on Lot D, and the privacy issue is based on the previously approved plans for which the permit has expired. It is Mr. Saffarian's intent to resubmit the same plan. Norm Matteoni, 1740 Technology Drive #250, San Jose, said he was here on behalf of Marie Gaspar. Warren Heid, architect, was also present. He gave photographs of the site to Councilmembers, including an aerial shot which showed both lots including vineyards shared by the two properties. He said the vineyards are important in terms of the heritage and the setting provided to the historic chateau. The aerial also shows a grove of trees that would also be displaced by the residence and garage at their proposed locations. He said it would not be appropriate to remove those trees and provide screening along the property line. He described what the other photographs showed. He said the rear of the house is oriented to the common boundary line between Gaspar and Basu and so is the functional equivalent of a rear yard. In this hillside district, a rear yard setback would be 60 ft. He said they are not asking that it be moved down the hill 60 ft. but there is an ability to move down the slope. He said the crux of the issue is the balance of trying to respect the heritage and provide a sufficient setback from the front yard of a hillside home looking into the rear yard of another hillside home. Mr. Matteoni said he wanted Council to look at the house in relation to the proposed rear yard which will be City Council Minutes 6 September 4, 1996 terraced and is up against the 20 ft. setback as a side yard. He said the house could be moved easterly along the edge of the fault line. Bill Heiss, 950 So. Bascom, San Jose, civil engineer for the project, said this is a triangular lot which creates some problems in terms of setbacks. He showed how setbacks are computed and showed the original location before the geologist found it could not be built there. The house has been designed to follow the contour with the goal 0f minimizing grading. To rotate it would result in much more grading. James Baker, geologist, 2768 Longford Drive, San Jose, said it was a surprise to everyone to find the faults and explained the process used during the geological study. He said the head of a large dormant landslide is located on the eastern margin of the property. They discovered some ground cracks 30 ft. from the fault, and they would prefer to keep the building out of that area and as far back from the dormant landslide as possible. Walter Chapman, designer for the applicant, showed the building footprint. He said they wanted to leave as much of the natural vegetation as possible to screen from the lower neighbor and those across the canyon. To move it up the hill would make it more visible from across the canyon and across the street and would increase grading dramatically. It would be closer to Mrs. Gaspar's property. To move the house downhill will impact more trees. Radha Basu, applicant, said they bought the property from Mrs. Gaspar. She said they wanted a single-story house but since 65-70% of the lot is unbuildable, they have a two-storyhouse. They also have to have a detached garage which they did not want. She said they were told by the arborist to remove Tree #26 because of disease. It is affecting two other trees and has nothing to do with the walkway and picnic area. She said they have spent hours and days looking at different plans and requested that they be allowed to build the house as proposed. Evert Vandeven, 21650 Vintage Lane, president of Saratoga Heights Homeowners Association, said the house meets all the requirements of their CC&Rs and bylaws. He said they are aware of the challenges of building in the hills. As a neighbor he said he saw no problems with the layout. The house is well-designed and will probably add value to the neighborhood. He stated the opinion that it was strange that there are two neighbors contesting the plan, one who had sold the property and the other who has had his land for sale for a long time and has no plan submitted and approved. He urged Council to uphold the Planning Commission decision. Anthony Cresap, 60 N. 10th St., #1, San Jose, said the last two speakers had said everything he wished to say. Mr. Matteoni said he had not heard the term perpendicular bisectors before this evening. He said that it presented a mathematical answer to design review and it looks like the house was made to fit the property following the geologic review. A perpendicular bisector gives no aesthetic or design consideration. He said the functional aspect of how this house relates to the Gaspar residence is what he asked Council to consider. In addition, he asked them to consider the large grove of trees and not to give a mathematical answer but look to the feel of the land and the historical character of what is there. Mr. Anderson said with all due respect to all those involved, he would like to leave the house in the existing location but would modify the request to reduce the finished floor elevation of the pad by four ft. He also requested that tree 26 be retained and that they have a chance to work with the Basus on the landscaping. He said they understand that lowering the pad will increase the grading but think the benefits outweigh that. The design, architecture and location would remain the same. Dan Dykman, soils engineer, said they have not talked about the effect of the landslide on the location of the house. He said he did not think they could balance the location of the house any better than the current proposal. Dropping the elevation by four ft. would add 1,000- City Council Minutes 7 September 4, 1996 1,200 cubic yards to the current 1,700 cubic yards. In addition, the retaining walls would be much higher and cover a much greater area of the hillside. Vice Mayor Moran closed the public hearing at 9:00 p.m. Councilmember Wolfe said that while he usually gives preference to the person who has designed the house, in this case he would be in favor of saving to the maximum degree possible the vista from the chateau Councilmember Tucker said she had visited the site and viewed it from the Gaspar property and did not believe the proposal would necessarily affect the Gaspars' view. In considering what the soils engineer had to say, she thought it would be less beautiful to have the high retaining walls. She favored removing Tree #26 as recommended for safety reasons and said it sounds like the applicants are trying to be good neighbors. Councilmember Burger thanked the Planning Commission for their careful consideration and said she was intrigued by the plan to lower the elevation. She would want to talk to staff about the impact on additional grading, siting of the home, and fault lines. She agreed that Tree #26 should be removed but would like to see a condition which would require planting of trees in the space between the Basu and Gaspar properties. Vice Mayor Moran thanked everyone for their efforts and expressed concern regarding the additional grading required if the house were lowered. The current proposal keeps tree removal to a minimum and keeps the retaining walls at a reasonable height. She believed that additional screening could address the concerns of both the uphill and downhill neighbors. Councilmember Wolfe said he liked the idea of a condition requiring trees to make up for the ones being removed. Planner Walgren said that the Planning Commission had already granted an exception for additional grading. In approving the lowering of the pad, Council would be amending that exception. He expressed concern about how lowering the house would affect the maximum retaining wall heights. Councilmember Wolfe said he had not realized the Planning Commission had already made an exception. He would like to see a design that would minimize the impact on the view from the historical site and staff would have to work with the designers to achieve that. Councilmember Burger said she did not think lowering the house 1-2 ft. would have enough visual impact to satisfy anyone and the impact on the amount of grading is not known. She said she was not willing to call for a redesign of the home. Councilmember Tucker agreed that lowering it two feet would not accomplish anything and said the houses across the canyon are two-story and very visible. The proposed design meets all zoning and code requirements and the applicant has designed it in good faith. TUCKER/BURGER TO UPHOLD THE PLANNING COMMISSION DESIGN, DENY THE APPEAL, AND REQUIRE HEAVY PLANTING TO PROVIDE ADDITIONAL SCREENING. Vice Mayor Moran suggested that the additional planting be handled at staff level and not go back to the Planning Commission THE MOTION PASSED 4-0. 6. B. Approval of Use Permit to construct a 34 ft. tall monopole antenna at Congress springs Park on Glen Brae Dr. (UP-96- 009 (APN-389-02-001) - CONGRESS SPRINGS PARK) Applicants, Pacific Bell Mobile Services/City of Saratoga; Appellant, Vogel. An environmental Initial Study and subsequent Negative Declaration have been prepared for this project pursuant to the terms and requirements of the California City Council Minutes S 8eptember 4, 1996 Environmental Quality Act. No action required; appeal has been withdrawn. RECESS - 9225-9231 P.M. 8. NEW BUSINESS B. Appeal of Denial of Kennel Permit at 13765 Saratoga Avenue (Applicant/Appellant, Mallsh) City Attorney Riback presented the staff report and said this appeal is different from the previous one in that it is not a public hearing but a review of the decision of the hearing officer, in this case the City Manager. He said Council is limited to determining whether or not the hearing officer acted reasonably and within his authority. He said the administrative record is complete. The parties should be given an opportunity to argue their case but no more documentary evidence should be allowed. Council has the authority to modify the decision by adjusting the time frame if they find that the hearing officer acted reasonably. They can reverse the decision if they find that he did not act reasonably. Shari Boxer (Malish), appellant, read a letter from the Executive Director of the Humane Society praising her efforts toward caring for animals, and a letter from a real estate agency stating the house is on the market and the closing date for escrow is October 15, 1996. She requested that Council extend the September 30 deadline to October 15. Dr. David Malish said in his practice as an allergist, he sees lots of 'people who have more dogs than they do and suggested that Council inform residents about the law. Second, he thought the time of the administrative hea~ing, 2:00 p.m., was inappropriate as most people worked during that time. His third issue was that there had been a significant amount of harassment about moving as quickly as possible and they had to reduce the price of their house. Bill Webb, P. O. Box 156, Soquel, said he owns the house adjacent to the Malishes. Me talked about the odor in the back yard and said neighbors have complained because of the stench and barking. It is a health issue. He said the Malishes may be back for another extension. They have already been in violation for four years. Mark Allen, 19822 Merribrook Drive, said the issue for him and his wife is the environment. There used to be deer in the creek corridor, but when the dogs arrived the deer went away. Also, when kids play, dogs bark. He said he could live two more weeks with the dogs but asked that in the event the contract falls through the City do something. The Malish's maintenance of six dogs brings up a guestion of whether they would have complied if granted a kennel permit. Mark Waldron, 19826 Merribrook Drive, said he did not believe City Council should grant the permit and did not think the Malishes would comply. They have been in non compliance for four years. There were many complaints at the hearing and the Malishes still maintained they would keep six dogs. They clearly are not making an effort now so why should we assume they would if they receive a permit? He said the neighbors have pursued due process and have changed their lifestyle because they cannot use their back yard. Fred Reed, 13735 Saratoga Avenue, presented a letter from his wife who could not be present. He said their property surrounds this property on three sides. He said he also picks up strays and tries to find their owners. The problem they have is the number of animals. Four, five or six dogs are too many. They cannot go into their back yard. It is not that they do not appreciate what Ms. Malish has done, but they do not control their animals and they need to be held to the decision. He said they feel it was a reasonable hearing, the neighbors had done a good job, and the City Manager made the decision. The dogs have disrupted their peace and tranquillity. Gay Grant, 19814 Merribrook Drive, said they bought their house four years ago and they live in their back yard. Sound is magnified in the City Council Minutes 9 September 4, 1996 creek corridor and the Malishes are inconsiderate. She said when she heard there was a kennel application she got 45 signatures of people saying they did not want kennels in residential areas. To issue one might set a precedent. She said she did not want to give them two additional weeks. She said the neighbors have jumped through hoops and want to see the decision upheld. Councilmembers concurred that the hearing officer had acted reasonably and within the scope of his authority. councilmember Wolfe said he realized the hearing time is inconvenient. He was impressed with the letter from the Humane Society and said it is obvious these are people who care. However, due process has been followed for a long period of time and carried out properly. The defining factor is that the Malishes are moving.. WOLFE/TUCKER TO UPHOLD THE CITY MANAGER'S RECOMMENDATIONS BUT EXTEND THE DATE TO OCTOBER 15 AFTER WHICH THERE MUST BE COMPLIANCE WITH THE CODE WHICH IS NOT MORE THAN TWO DOGS. Councilmember Tucker agreed that the City does not need kennels in / residential areas. She said she was sympathetic to the dog's owners and was in favor of the extension. However, if it goes beyond that date, the Malishes should be prepared to board their animals. Councilmember Burger said she loved animals, but in spite of the Malishes' great concern and care of animals, she thought the neighbors have put up with it for far too long. She wanted it to be clear that on the 15th of October the dogs must be gone. Beyond that Council's next act would be forcible removal. THE MOTION CARRIED 4-0. B. Other - None. 11. Adjournment At 10:07 p.m. the meeting was adjourned to 6:00 p.m. on Tuesday, September 10, at Administration Meeting Room, 13777 Fruitvale Avenue. Respectfully submitted,