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HomeMy WebLinkAbout01-19-1977 City Council Minutes MINU'TES SARATOGA CITY COUNCIL TIME: Wednesday, January 19, 1977 - 7:30 P.M. PLACE: Saratoga City Council Chambers 13777 Fruitvale Ave., Saratoga, Calif. TYPE: Regular Meeting I. ORGANIZATION A. ROLL CALL Present: Councilmen Brigham, Corr, Kraus, Matteoni, Bridges Absent: None B. MINUTES It was moved by Councilwoman Corr and seconded by Councilman Kraus the minutes of January 5, 1977 be approved.. The motion was carried. II. CONSENT CALENDAR A. COMPOSITION OF CONSENT CALENDAR It was moved by Councilman Kraus and secondedby Councilman Brigham the Consent Calendar compositionbe approved. The motion was carried. B. ITEMS FOR CONSENT CALENDAR 1. Tract 528&~t John Markulin, Montalvo Road Oversize~Bt~rm Sewer Reimbursement Agreement 2. Tract 5328 - Kosich ConStruCtion Co~, Verde Vista Construction Acceptance and Release of Monument Bond 3. Tract 5927 - Saratoga Foothills Development Corp., Douglass Lane Final Map Approval (Adopt Resolution No. SD-1253-1) 4. Payment of Claims 5. City Clerk'.s Report 6. City Treasurer's Report It was moved by Councilman Brigham and seconded by Councilman Kraus the items for Consent Calendar be approved. The motion was carried. III. BIDS AND CONTRACTS None. IV. PETITIONS, ORDINANCES AND RESOLUTIONS A. RESOLUTION NO. 802 Resolution of the City of Saratoga Commending the Saratoga High School Football Team Mayor Bridges added wording as follows "and at all times bring honor to the City of Saratoga.. which they represent" It was moved by Mayor Bridges and seconded by Councilwoman Corr Resolution No. 802 be adopted, as amended. The motion was carried unanimously. B. MINUTE RESOLUTION APPROVINGi CO~HJNITY DEVELOPMENT PLAN FOR 1977-78, THIRD YEAR PROGRAM It was moved by Councilman Brigham and seconded by Councilman Kraus adoption of a minute resolution approv{ng the Community Development Plan for 1977-78, Third-Year Program. The motion was carried unanimously. V SUBDIVISIONS, BUILDING SITES AND ZONING REQUESTS None. ' ' ' co jd ii r g DMINIST TIVE toTTERS VI~. ADMINIST~TIVE ~TTERS A. ~YOR 1.Letter from William WolffPRe: Council reconsideration on ~alk repair policy Mayor Bridges indicated he would li~e to offer a motion that this matter be re-opened and referred to a future Co~ittee of the ~ole Meeting to discuss it in more detail. T~ motion died for lack of a second. Mayor Bridges indicated he would respond to Mr. Wolff's request.advising of the Council's position. B. COUNCIL AND CO~ISSION REPORTS 1.Presentation of Final Report of the Senior Citizens HoUsing Task Force This report will be ready for presentation to the Council on February 2, 1977. 2.Planning CoEission Report Re: RecoEendation to Atte~d Land Use Conference Councilman Kraus advisedLthat he intends to vote ~gainst this reco~endation in that he d~ no't'~l'ft was-ne~rv f~5~6=C~'a' gt~Y~bYr-ana'CS~i~S'fg~~ a'~ten~th~JpnEe~ehce. It was ~hen moved by Councilman Br~gham and seconded by CouncLlwoman Corr approval of the s~aff report and reco~en- datLon for attendance to 'the Land Use Conference Ln l~eu of ~he League Conference (as prevLously approved). The was carried 4 to 1, Councilman Kraus Ln opposition. C. DEPAR~ENT HEADS AND OFFICERS ~.Department of PublLc Works Report Re: Pedestrian Pathway on Surrey Lane ~r. Shook, DLrec~or of PdbZLc Works, reported that the Council had taken the pos~tLon 6n April 2, ~975, to reject the re- quest to abandon the pedestrLan path. - 2 - Pedestrian Pathway, Surrey Lane (jCont'd.) Mrs. Nettesheim, 13625 Surrey Lane, s~ated that this "pedestrian path" is being used for several other purposes; i.e., gasoline trucks, private school busses, horses, kids with ladders in the treeS, etc. The Council discussed the matter of liability with regard to the pathway where it joins with the Nettesheim driveway. The City Attorney pointed out there is a 10-foot public right-of-way superimposed upon a 50-foot privateright-of- way; therefore, anything that occurred on the portion of the easement which the Nettesheim driveway encompasses would not be the City's responsibility. Mayor Bridges explained that the request is to abandon the public right-of-way conditions which exists. He indicated that the Council could take the following action: I. 1) Motion to deny the request; or 2) Recommend~f~f'~deedings to abandon '~bri~i~f-~of-way. Councilman Kraus indicated he would like to go out and look at this pathwaysagain before taking any action this evening. It was requested the matter be continued to the next regular meeting on February 2nd. This was acceptable to the other Council members. VI. PUBLIC HEARINGS A. CONSIDERATION OF APPEAL OF ~ONDITIONS IMPOSED ON USE PERMIT, IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 15 OF ORDINANCE NS-3, TO ALLOW FOR THE CONTINUATION OF A NON-CONFOiMING COMMERCIAL USE IN A RESIDENTIAL DISTRICT, LOCATED AT 14038 SARATOGA-SUNNYVALE ROaD (LILLIAN RODONI, UP-315) The City Manager pointed out that this appeal is on four specific points,. and if the disCussion, is to go beyond these points, the Council would have the option to hold a hearing de novo toTbe set at a future time. Mr. Van Duyn, Planning Director, summarized the use permit application and conditions in question. He indicated that the property is presently being used for a contractor's storage yard, and not used as a principal active contractor's operation. This facility has been located at this site for'approximatelX 30 years, and is now under the Non-Conforming Use Ordinance~ required to secure a conditional use permit to allow for con- tinuation under the City's Article 15 Zoning Ordinance. Mr. Van Duyn advised that the Planning Commission approved the use permit, subject to certain conditions. Those conditions being appealed are conditions A, B, C and E of the Planning Staff Report. Said conditions are as follows: A. All outdoor storage sh~ll be terminated and re- moved from the site bn or before April 30, 1977. Further outdoor storage is prohibited. B. Bdilding #1, Exhibit "A" and underground storage tanks shallbe removed from the site on or before April 30,-1977. Lillian Rodoni, UP-315 (Cont'd.) C. All remaining non-conforming uses and structures shall be terminated and removed from the site on or before April 30, 1977. E. Storage of flammab!e materials on site is prohibited. Mr. Van Duyn further pointed out that the City is inC'~ negotiations at the present time for a signal intersection at Reid Lane and Saratoga-Sunnyvale Road, for which a portion of this particular property will be used'fOr a cul-de-sac in which to locate and secure a right-of-way to effectively place the signal on. He indicated that the alternate uses for this site under "R-1-12,500" zoning are of~a single-family nature; however, even though the area of 32,000 square feet would accommodate Ewo sites under the minimum square footage requirements, there would be some design difficulties which may'reqUire ~or some variance for approval of same. There being no request for a de novo hearing on this appeal, M~yor Bridges opened the public hearing at 8:27 P.M. Albert J. Ruffo, Attorney representing the applicant, addressed the Council. Mr. Ruffo commented that the use permit that was applied for does come within Ordinance NS-B.32, and in ~iew of the fact that the subject property was rezoned to ReSidential, it therefore became a non-conforming use, and this ordinance would therefore be applicable. An application was filed, in accordance with the ordinance, requesting that a use permit be granted and on an indefinite basis. Mr. Ruffo stated that after a hearing before the Planning Commission, and also, Ehe sub-committee of the Planning Commission, there were certain proposals that were made in considering what-could be done with the property. '~tt was indicated there would be no real objection Eo the continuation of the use, if something could be done insofar as cleaning up the yard and straightening out the non-conforming structures that are on the subject property. Mr. Ruffo indicated that the four conditions imDosed create a tremendous hardship on this applicant He stated that the applicants have occupied this DroperEy since 1938,.and it has been their principal place of business. The Character of the business is such that theydo considerable work in Nevada and other states. He stated that if an~when they do get any business that is more local in nature, then the yard is used as a storage yard fo~ their heavy equipment, etc. Mr. Ruffo advised that ther~ has been an accumulatio~ of materials that are quite old, some of which are antique's, and there are a considerable amount of parts that are "pigeonholed".~for future use, .. He indicated that the structures on the property are very old, and one is"'an'open building. %Dh~'f~=th~.~'~fOb'l~ms has been that these strhctureS are appr~'~Iy'~t from-the side yard, and this, therefore, makes it a non-conforming structure because under the 8rdi~ance, it has ~o be 5 feet- from the side'lyard. He {ndicated that almost all of the - 4 Lillian Rodoni, UP-315 (Cont'd.) structures on Williams have the5~f~o~tsetback re'quirement, but in the rear, the garages are l~°feet from the rear yard. Therefore, he would assume that at the time these stru~tur. es~ were placed adjacent to the_side yard,~er~no ordinances, an~'~e' no-~e~fr~en~s, a~d~ff of ~e'=-hOmes. on Willi~m~ ~lqy~d the same p~ttern. ~ ' ~. ~ He indicated that the City of Saratoga has filed a condem- nation action in which they intend to take part of this property for a cul-de-sac :in order to facilitate a single traffic signal at Reid Lane and Saratoga-Sunnyvale Road. Mr. Ruffo stated that this would definitely impai~ the functional ability and the residential development that could take place Mr. Ruffo indicated that at the first hearing before the Planning Commission, many of the homeowners in the immediate vicinity appeared before the Commission and expressed a view- point without any solicitation, and the neighbors have been completely satisfied insofar as the activity is'concerned, and they all spoke in favor~i!f~'~~'~e~Dt for one person. Also, the Chamber~ o~'~'~c~"b'f~S~t~ had written a letter to the Planning Commission in favor of the continuation of the use permit. He stated that if the applicant is denied the continuation of the use, they would have no alternative but to move out of the City of Saratoga as he understands there is no other land in Saratoga that could accommodate this use. The Planning Commission at the time of the hearing voted in favor of the use permit with the conditions as set forth in the staff report by a vote of 5 to 1, With Commissioner Callon voting against the imposition of conditions. However, at the time the resolution was adopted, he noted the vote was 5 to 0, with 2 members of the Commission ~bsent. The Commission recommends therefore~'~h~'~ing of the use permit the use would' be comple'[~l~t~"f~i~a~d~on or before April 30, 1978. He stated that insofar as condition D is concerned, the~e_~J~a__ chemical toilet facility on the premis~esJ, and t_h~M would cencede that this should be removed.~'H['stat~d Whether Or nQ.~ this woulTd"B~ fulfilled would depend upoht~el'~fh"~f~fim~[e use permit would be granted. Mr~ Ruffo indicated that the applicant realizes that the yard has been in very bad shape, and has developed over a period of time into a junk yard.-- also recognizing the fact that they needed these parts that are very valuable to them. He indicated the applicant is desirous 9f cleaning up the place and disposing of anything that is of no use. Further, he stated he felt this yard is comparable to the ~ity~s Corpo_q_ration Yard, as it doesn't create any problem, a~'f~r'as the residents in the are concerned. He stated that the condemnation action does create a ~roblem in that there would be a change in elevation between ~cu-~-sac~d'~h~ ~i~fng p~ope~ty He indicated that he would:hOpe the Council would see fit to continue the use permit.for an indefinite period, subject to whatever requirements the Council might impose by way of clean up, and grant the appeal by eliminating the conditions A, B, C and D. - 5 - Lillian Rodoni, UP-315 (Cont'd.)' Mr. Ruffo added that he nqr the applicant received notice with respect with this hearing, and did not find out until yesterday the hearing was one for this evening. Councilman Matteoni asked Mr. Ruffo: "With regard to the underground storage tanks mentioned in item B, are those used for fuel?" Mr. Ruffo replied that the~'~s~'~or storin~ fuel, and~ . the only time they are inU~ei~"~h~'t~e~'~l~ccant is Working in the general area for the purpose of supplying whatever fuel is necessary in this operation. Mr. Van Duyn explained tha~t the storage o~ fla~able materials is relating to materials that'may not~Merwise b~associatedwith the underground tanks -- barrels of oi1, cans of cleaner, etc.-- that may be stored inside the building. It was not.int~ to demonstrate that there are other materials~ed~u~de~ ~u~h~7 ~t~was 'the' Co~ission's intent ~ ~h~&~Dlicant p~d~6['fi~able materials being stored in the buildings which may be prohibited due to the proximity to the homes. Councilman Matteoni then aske~d: "Do you have some example of the intensity of storage?" Mr. Ruffo replied that he ~ould say in 1976 there has been practically no storage of ~quipment, excep.t for the used equip- ment. He added that most ~f the activity is away from the area; therefore, there would be no reason to store any of the rolling equipment. Councilwoman Corr.inquiredif the applicant is operating as a business in Saratoga, with a business license. Mr. Van Duyn replied ~hat the applicant uses this address as a business. Mrs. Corr further co~ented that she recalls seeing tank cars stored on this property -- possibly watering trucks. One. of the things she particularly noticed wasthat the fencing pro- vides ~j protection, and it seems to become a collection f~r trash. Councilman Kraus asked Mr.'Ruffo if anything has happened since the PlanningC~ission Meeting with .reference to cleanliness of this property. Mr. Ruff0 co~ented that even before the Planning Co~ission had heard the matter, when he went out and lookedat the property himself, he had suggested the Rodoni's do something about getting the yard in 6~der. Mrs. Rodoni addressed the CounCil. She' indicated tha~ the two trucks that were on_the property for quite sometime have been removed, and they have disposed of a great deal of Unusable parts, scrap iron, etc. Also, they are still continuing to clean it as they can. t C6uncilman Kraus co~ented~that he really doesn't feel that' yard is acceptable as of today. He indicated that the Council has allowed the Renn~ to continue in business because they keep very good control of their material. He~indicated that he feels it is a shame to have allowed this condition to continue in the City as long as they have. Lillian Rodoni, UP-315 (Cont'.d.). Mr. Ruffo'indicated that ~f ~e Council would be inclined to grant the use permit and make it a condition~pr~t~.> has to be cleaned up within a certain periods, or.the~ use-pez~lt Councilman Matteoni asked Mr. Ruffo if he has any opinion as to the continuation of the business when the cul-de-sac is put in -- if this would hamper the continued operation. Mr. Ruffo replied that he believes the cul-de-sac would not be detrimental to this business; however, if this property had to be developed residentially, then he would have no doubt that there would be a very serious severance. Councilman Matteoni. asked if the use has been fairly constant over the last'ten years.,.or has it deCreased7 Mr Ruffo replied that he ~elieves this varies as the local work varies, and in order .to stay in business~ they have to go wherever the work is Councilman Matteoni indicated that he asks this question for a particular purpose. H~ 'stated that when he was employed by the C~unty, he was responsible as attorney for'the County to acquzre some frontage from this property for the widening of · Highway 85, and he recalls, at that time some claim of damage for the impairment of the use because of the shortening of the Iyard and difficulty of. storing.some of the larger equipment. Therefore., he would conclude that 10 years ago., the use was .a little more intense than~ it is today. Mr. Kraus inquired of how much local work the Rodoni's have had in the last year.z' Mrs. Rodoni replied they haven't had much local work at all, and.they have been out Of Saratoga (within a 4 to 5-hour drive). Therefore, they have done no work in the past year whicb is of a local nature. Councilwoman Corr asked iflthe applicant had security on the property when the ~quip~en't was stored there. Mrs. Rodoni indicated they never had a need for security at that time. With respect to the hearing notice, the City Manager advised that approximately 70 notices went out to all residents.in the area. However,-he had no record of notice to the Rodoni's. Patricia Renn, 20625 Marion Avehue, Commented with regard to the clutter on the Rodoni property. She indicated that there isn't a day when the children from the high school at recess or lunch time aren't' on this property hiding behind the'trees to smoke. It was her feeling the clutter is from the children, and she doesn't feel it is fair the Rodoni's are going to have to clean it up. Don Rodoni addressed the Council, indicating that the lot has been cleaned up quite a~,~b~t, and he would be willing to meet with anyone ~h~i~h~to R~e~this pointed out. It was then moved b~ Coundilman'Brigham and seconded by Councilwoman Co~r the pUblic~earing Be clbsed. The motion was carried. The ~ublic hearing was closed at 9:05 P.M. Liltian Rodoni, UP-315 (Cont~d.) The Council discussed potential problems in allowing an alternate use of this property. Also discussed was the us~ permit provisions as related to the time extension~o~Yi~ The City Attorney commented tha~ he believes it would be possible to~.~move all the outdoor Uses n~w being conducted' and pl~'~in~.~em under-ro'0~'l~'ih'~'~ffsting structu'F~ ~ ~h~ property. This would in turn comply with the ordinance. He stated the use permit provisions would allow one to extend the time as to those uses contained within a structure beyond a one-year period of time,'if Certain findings are made. Mayor Bridges inquired of'the City Attorney what Would be the procedure if the Council.granted theappeal, based on,a clean- up or landscaping plan. The City Attorney replied:that the Council must make certain findings in order to modify the recommendation of the Planning Commission. This would r~quire staff's obtaining additional information concerning the operation. The Mayor indicated it would then be his'understanding the Council would be able to grant the appeal on condition B and C, as well as modification of condition E. However, this would require a meeting between the applicant~t~to~'d the City staff, and present certain standards~'~h~foperty and a clean up plan in order for the Council to consider extending this use permit. Also, it would be required .that the outdoor uses be ~ut indoors. It was,therefore, Lthe consensus of the Council to continue this matter to the regular Council Meeting of February 16th, and ask staff to come back with a detailed plan for clean up, along with findings that would allow the Council to grant this appeal. Councilwoman Corr requested that the staff be directed to correspond with the school asking that they take some re- sponsibility in also cleaning up this area. The City Manager indicated he would follow*through on this request., Recess and Reconvene VII ADMINISTRATIVE MATTERS (Cont'd.)~ ~FZ COUNCIL AND COMMISSION REPORTS 3. ~lanning Commission Request to Extend Norm Martin'-s Term It was moved by Councilman Kraus andlseconded by Councilman Brigham approval to extend Planning Commfssioner Norm Martin's term until such'time as a new Commissioner is appointed. The motion was carried.unanimOusly. ~ DEPARTMENT HEADS AND OFFICERS 2. Planning Director ReporterReport-Re: Slide Activity on Bohlman Road It'was moved by Councilman Kraus and seconded by Councilman Bridges to approve the st~ff's recommendation to work with the CountyYconcerning this matter; however, to not indicaee an interest to participate financially in the study at this point in time. The motion was carried unanimously. - 8 - D. CITY MANAGER REPORTS 1.Resolution from Assemblym~n Hayden commending Saratoga on Its 20th Anniversary Mayor Bridges indicated he would direct a letter to Assemblyman Hayden expressing gratitude on behalf of the City Council for issuing this resolution. VIII. COMMUNICATIONS A. WRITTEN ~ l~rs Re:'Kosich C~nstrBction'-Co. Public=Road~Connection Mrs. Jack Christian, 19022 Brookhaven Drive, requesting consideration be given to provide ingress into this sub- division by extending a cul-de-sac which touches upon their parcel. The Church of Jesus Christ of Latter Day Saints, Saratoga Stake, favoring cul-de-sac in lieu of the proposed connection of Camino de las Barcos and Kosich easement. Kosich Construction Co., 18867 Kosich Drive, requesting the Council make a final determation re: public road connection. The City Attorney indicated that although the time for appeal of conditions under Tentative Map Approval has expired, there is a provision in the City's ordinance that at the time of Final~Appr,~ov~a_l, the Council can modify or delete conditions. A 1 s o ~ ~ ~c an -~e~ ai'~da'~r e nu~_~'7~.mo di~f~de'~te_~ ~ This matter was scheduled for further discussion at the Committee of the Whole Meeting on January 25, 1977. 2. J. M. Graham, Owner, Saratoga Wrought Iron Shop, pretesting the annual business license fee. - Noted and filed; City Manager to respond. 3. AndrewGarrido, Principal, Joaquin Miller J~nior High School urging that the Council not raise the speed limit on Prospect Road. - Noted; matter to become part of the file on upcoming public hearing on this matter. 4. Marlene Duffin, expressing gratitude for the City's efforts in recommending to LAFCO that Saratoga be detached from the Black Mountain Resource District. - Noted and filed. 5. John S. Cavalli, Director, W~st Valley Youth Service Bureau, urging the appointment of Mary Givens as Advisory Board student representative., It was moved by Councilman Brigham and seconded by Councilwoman Corr to approve the appointment of Mary Givens to the YoUth Service Bureau Advisory Board. The motion was carried unanimously. B. ORAL 1. Councilman Kraus brought to the Council's attention a nuisance ~ ...... -'~--_-=~--' to get this ~op~ty-cr~d~' up. The City Manager indicated that the City has done the pre- liminary work concerning this n~isande,, and planned to begin its abatement procedure. He further indicated it had been reported the occupant would be moving at the end of January; therefore, theC~i~_'~fi~be reviewed the first of February and appropriate action taken, if necessary. C. ACKNOWLEDGEMENT OF PUBLIC GROUP REPRESENTATIVES The Mayor acknowledged the presence of Eunice Stark of the Good Government Group. IX. ADJOURNMENT It was moved by Councilman Kraus and seconded by Co~nci~m~m~an Brigham the meeting be adjourned to Executive Session<E~_'~t~e~_~,p, jr~ose of discussing Potential Litigation~ The motion~as ~%[~'Y~ The meeting was adjourned at 10:35 P.M. =City Clerk 10 -