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HomeMy WebLinkAbout07-15-1998 City Council Minutes BAR~TOGA CITY COUNCIL TIME: Wednesday, July 15, 1998 - 6:00 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting 6:00 p.m. - Closed Session pursuant to Government Code Section 54956.92 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Names of cases: Warfel v. Saratoga; San Francisco Baykeepers st al. v. Saratoga; San Francisco Baykeepers et al. v. State Water Resources Control Bd. st al.y City of Saratoga v. West Valley-Nisslon Ccnununity College District; City of Saratoga v. Santa Clara County and CONFERENCE WITH LEGALCOUNSEL-ANTICIPATED LITIGATION Significant exposure to litigation pursuant to GOvernment Code Section 54956.9(b) in three cases. Mayores Report on Closed Session - No actions taken. 7:30 - Pledge of Allegiance - Led by Paul Jacobs. 1. ROLL CALL The meeting was called to order at 7:40 p.m. Councilmembers Bogosian, Jacobs, Moran, Shaw and Mayor Wolfe were present. Staff members present were City Manager Perlin, City Attorney Riback, Community Development Director Walgren, and Deputy City Clerk Cory. 2. CEREMONIAL ITEMS A. Resolution appointing Plaaning Commissioner Chuck Page MORAN/SHAW MOVED TO ADOPT RESOLUTION 98-24. Passed 5-0. B. Administration of Oath of Office Mayor Wolfe administered the Oath of Office. C. "Spare the Air" Resolution / MORAN/BOGOSIANMOVED TO ADOPT THE RESOLUTION. Passed 5-0. D. Introduction of new Public works Director, christine Fischer city Manager Perlin introduced Ms. Fischer, who expressed gratification at her appointment. 3. REPORT OF CITY CLERK ON POSTING OF AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on July 10. · 4. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS - None. B. COMMUNICATIONS FROM COMMISSIONS - None. C. WRITTEN COMMUNICATIONS - None. 5. CONSENT CALENDAR A. Previously-Discussed Items - None. B. New Items 1) Pl~n-lng Commission Actions, 7/S - Note and file. 2) Memo Authorizing Publicity for Upcoming Hearings - Weed Abatement; Zoning Ordinance Amendments 3) Approval of Check Register City Council Minutes 2 July 15, 1998 4) Quarterly Report to Regional Water Quality Control Board on City NPDES Activity SHAW/MORAN MOVED TO APPROVE CONSENT CALENDAR. Passed 5-0. C. CLAIMS AGAINST THE CITY - None. Since the hour for public hearings had not yet been reached, Mayor Wolfe proceeded to 'items following public hearings on the agenda. 4. A. Oral Communications (continued) and instructions to staff regarding actions on current oral communications - None. 7. OLD BUSINESS A. Village Valet Parking Ordinance (first reading and introduction) City Manager Perlin noted that the amendments requested by the Council had been made to the ordinance. MORAN/BOGOSIANMOVED TO INTRODUCE THE ORDINANCE BY TITLE ONLY, WAIVING FURTHER READING. Passed 5-0. 8. NEW BUSINESS - None. 9. ROUTINE MATTERS A. Approval of Minutes - 7/1; 7/7 BOGOSIAN/MORAN MOVED TO APPROVE THE MINUTES OF JULY 1. Passed 5-0. JACOBS/BOGOSIAN MOVED TO APPROVE THE MINUTES OF JULY 7. Passed 5-0. 10. CITY COUNCIL ITEMS A. Agenda items for next adjourned regular meeting Quarterly Review of Major Programs and ProjeCts \ Commission Chair Reports (?) Presentation from West Valley Sanitation District on Sewer System Rehabilitation Work Zoning Ordinance Amendments (part of quarterly review by James) Mountain Winery Update (part of quarterly review by James) LLA-1 Public Hearing Concerning Commission Chair Reports, City Manager Perlin stated that the issue of having such reports would be discussed, but the reports themselves would not be given until the quarterly meeting in October. No items were 'added to the agenda. B. Other Councilmember Moran noted that the Council and Planning Commission agendas were available on her Web site, the address of which is listed on the screen during meetings. 11. CITY MANAGER'8 REPORT City Manager Perlin announced that he would be on leave on Friday, July 17. Since the hour of 8:00 p.m. had arrived, Mayor Wolfe returned to public hearings on the agenda. 6. PUBLIC HEARINGS A. Yessing Road Assessment DistriOt Protest Hearing (continued from 4/15) The public hearing was opened at 8:00 p.m. No one appeared to speak. City Council ~inutes 3 ~uly ~5, ~998 5-0. B. Landscaping and Lighting District LLA-i: Public Hearing on Proposed Assessments for FY 98-99 (continued from 7/1) The public hearing was opened at 8:01 p.m. No one appeared to speak. BOGOSIAN/JACOBS MOVED TO CONTINUE THE PUBLIC HEARING TO AUGUST 5. Passed 5-0. C. Consideration of Petition from Saratoga Vineyards Romeowners Association for Vehicle Code Enforcement on Private Streets by sheriff,s Department and Resolutlon making Provisions of the Vehicle applicable to Private Roads in Vineyard Area The public hearing was opened at 8:06 p.m. Frank Hedges, Director of the Vineyards Homeowners Association, requested Council approval of the resolution. He stated that speeding was a problem, and he wished to make it possible for the deputies to enforce the speed limit. He acknowledged the necessity for a traffic speed survey and signs setting the speed limit. He stated there were no speed bumps or inhibitors at present. No one further appearing to speak, the public hearing was closed at 8:09 p.m. City Manager Perlin stated that there would be no increased costs for the City to enforce the speed limits. There would also be no additional patrols required. He believed that when a few citations had been issued people would become aware that the speed limit was being enforced and would be more likely to obey it. BOGOSIAN/SHAW MOVED TO ADOPT RESOLUTION 98-25. Passed 5-0. D. Appeal of denial of request for Design Review approval to construct a new two-stor~, slngle family residence, 4,043 sg. ft. in size, 25 ft. in height, on a 29,020 sq. ft. lot at 14265 Burns way in the R-1-15,000 Zoning District (APN 503-23-006~ DR98-007) (Appellant/appiicant, jeyakumar) (continued from 6/17) City Manager Perlin noted that a letter had been received from Norm Matteoni concerning the appeal. Community Development Director Walgren reviewed the staff report. Councilmembers reported exparte communications received. Norm Matteoni, attorney representing the Jayakumars, spoke in support of the appeal and submitted two elevations. Councilmember Jac0bs mentioned a letter from a neighbor stating that a previous application for a two-story house on the site had been rejected by the Planning commission. Community Development Director Walgren stated his recollection was that in about 1991 an application for a two-story house had been abandoned before being reviewed by the Planning Commission. (Clerk's note: See clarification below.) The public hearing was opened at 8:30 p.m. Mr. Jayakumar, the appellant/applicant, spoke in favor of the project. Mrs. Jayakumar showed overhead projections of two-story homes in the area. Bale Balakrishnan, San Jose, was called to speak but yielded to another speaker. Tony Clark, Springer Ave., spoke in support of the project. In answer to Mayor Wolfe, he said he would not be able to see the proposed house. Citl Council Xinutes · ~ul~ X5~ 1998 Mr. Balakrishnan was again called to speak and again yielded to another speaker. Paul McDonald, Springer Ave., spoke in support of the project. Dorothy Stamper, Marion Road, spoke against the project, as did Anne Kolb} Marion Road; Jim Renalds, Marion .Road; Barbara Voester, Burns Way; and Kurt Voester, Burns Way. Community Development Director Walgren stated that the plans submitted to the Council were the same plans submitted to the Planning Commission. Concerning the 1991 application for a two-story house on the lot, he clarified that staff had recommended denial. However, the application was withdrawn before the Planning Commission made a final determination on it. The following people then spoke in support of the project: Nomita Shahani, Harper Dr.; Dan Wagoner; Namita Mehta; Usha Ramaswamy, Ridgecrest Ave.; Usha Arun, Fremont; John Baas, Martinez, who is a land-use planning consultant for the Jayakumars; Usha Karthikeyan, Oakland, who is an environmental consultant for the Jayakumars; and Ramkumar Viswanathan, Rossmere Ct. Brad Renn, Marion Road, stated that the house must be compatible with the neighborhood and fit on the lot. Jim Payne, Marion Road, spoke against the project. Bala Balakrishnan was called to speak but again yielded to another speaker. Mark Thomas Dumont, Carniel Ave., builder for the project, spoke in its support, as did Bala Balakrishnan, San Jose, employer of Indu Jayakumar. Roya Moazzami, Walnut Creek, owner of rental property on Burns Way, spoke in favor of sending the plans back to the Planning Commission for adjustments. Don Bernardo, Marion Road, recommended that the Jayakumars meet again with the neighbors. Willys Peck, Saratoga Avenue, believed the opinions of neighbors should be respected. Ilene Doppelt, Marion Road, spoke against the project. Norm Matteoni again spoke in favor of the project. He said the Jayakumars were willing to move the house six feet back, reduce the height to 23 feet, and eliminate the windows on the north side from the bedroom areas. No one further appearing to speak, the public hearing was closed at 10:15 p.m., and the meeting was then recessed until 10:30 p.m. Councilmembers discussed the project. Issues covered included the right of the property owner to design his own house while considering the contiguous neighbors, sensitivity to neighborhood heritage, property rights of neighbors, self-contained character of neighborhood, whether a two-story design is compatible with the neighborhood, need for affordable smaller housing in Saratoga, whether the design should be returned to the Planning Commission, whether the perception of compatibility must come from the neighbors, and whether the Planning Commission should consider it at a study session first. Community Development Director Walgren suggested that the hearing be continued to the August 12 Planning Commission hearing to avoid the necessity of repeating the legal noticing. Councilmember Jacobs asked that the Planning commission be provided with tapes of the Council meeting, particularly the Council discussion. MORAN/BOGOSIANMOVED TO CONTINUE THE HEARING TO THE PLANNING COMMISSION City Council ainutes 5 July 15, ~998 MEETING ON AUGUST 12 TO CONSIDER SUBSTANTIVE REDESIGN, NOT NECESSARILY ABANDONING TWO STORIES, BUT WITH THE CHANGES DISCUSSED AND ADDITIONAL POSSIBLE CHANGES, WITH THE JAYAKUMARS TO CONTINUE TO MEET WITH THE NEIGHBORS TO ENSURE COMPATIBILITY WiTH THE NEIGHBORHOOD, AND WITH A POSSIBLE FUTURE PLANNING COMMISSION STUDY SESSION. Passed 5-0. E. Appeal of denial of Design Review Approval to construct a new 6,489 sq. ft., two-stox7 home on a vacant 4.48 acre lot at 22665 Garrod Road in the Hillside Residential Zoning District (DR97-060,' APNS03-78-038) (Applicant/appellant, Neog~) City Manager reported that an additional letter had been received from Martin Fenster and introduced Community Development Director Walgren, who reviewed the staff report. Councilmember Bogosian inquired as to whether the old quarry drainage had been included in the studies for the staff report. Community Development Director Walgren stated that the stability of the north slope was of concern, but the geologist said it could be safely developed. The public bearing was opened at 11:20 p.m. Martin B. Fenster, Big Basin Way, spoke as attorney for the appellant. He distributed computer renderings of the house as it would appear and spoke in favor of the project. Warren Heid, Big Basin Way, spoke as architect for the appellant. Rathin Neogy, Saratoga Vista, then spoke for his project. Community Development Director Walgren stated he believed the computer rendering accurately portrayed the project. Councilmembers discussed the colors of the house. Mr. Neogy then stated that he had looked at his site from a site on Pike Hill. The site is visible, he said, but not the area behind the oak tree. He expressed a willingness to modify the colors. No one further appearing to speak, the public hearing was closed at 12:00 midnight. Councilmembers discussed the visibility and bulk of the house. There was consensus that the location of the pool in front of the house was reasonable. BOGOSIAN/SHAW MOVED TO GRANT APPEAL WITH THE CONDITION THAT THE HOUSE BE IN EARTHTONE COLORS TO BE APPROVED BY STAFFANDANY ROCK USED WILL BE IN SIMILAR'EARTHTONE COLORS. Passed 4-1 (Moran opposed). Councilmember Moran explained she felt the Council was not the proper forum, and the project should be returned to the Planning Commission. 12. ADJOURNMENT At 12:05 a.m. the meeting was adjourned to 7:00 p.m. on Tuesday, July 21, at the Adult Care Center, 19655 Allendale Avenue. Respectfully submitted, Grace E. Deputy City Clerk