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HomeMy WebLinkAbout07-02-1980 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, July 2, 1980 7:30'p.m. PLACE: Saratoga City Council Chambers} 13777 Fruitvale Avenue, Saratoga., Calif. TyPE:.~Regular Meeting AGENDA ACTION I. ORGANIZATION A. ROLL CALL Councilmembers Clevenger, Jensen, Mallory and Watson - present. Mayor Callon - absent. VICE MAYOR CLEVENGER PRESIDED AS MAYOR PRO TEM. II. COMMUNICATIONS A. ORAL B. WRITTEN III. SUBDIVISIONS, BUILDING SITES, ZONING REQUESTS A. CONSIDERATION OF REQUEST FOR JENSEN/WATSON MOVED DENIAL OF APPROVAL FINAL MAP APPROVAL FOR TRACT BECAUSE OF NEED FOR EXTENSION OF WATER 6701, CREEKSIDE ESTATES ALLEN SERVICES AND BECAUSE FIVE CONDITIONS F. DE MARTINI) OF TENTATIVE MAP APPROVAL HAVE NOT BEEN MET. Passed 4-0. IV.PETITIONS, ORDINANCES, ~qD RESOLUTIONS A. RESOLUTION NO. 956.2 - A Referred to staff. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ESTABLISHING CRITERIA FOR EVALUATING APPLICATIONS FOR CONTINUATION OF WORK ON BUILDING PERMITS UNDER SECTION 8 OF MEASURE A (Cont'd from 6/18) !"o B. VILLAGE PARKING DISTRICT NO. 4!, WATSON/MALLORY MOVED ADOPTION OF ASSESSMENT DISTRICT RESOLUTIONS 889R, 889S, and 889T. Passed 3-1. (Jensen opposed). 1. Resolution No. 889-R A Resolution Approving and Councilmember Jensen stated that she Authorizing Execution of opposed the adoption of the resolutions Agreement because not enough ~a~dscaping was planned. · . 2-7/2/80 AGENDA ACTION ' 2. Resolution No.- 889-S - A Resolution Awarding Sale of Bonds j~ ~,-.~. 3 Resolution No 889-T .=-. A Resolution of Award of Contract V. PUBLIC HEARINGS A. CONSIDE~t~ATi~ OF APPEAL OF City Manager st'~t~Z'[hat the owner PLANNING COMMISSION DECISION had requested continuance of the TO ALLOW CONSTRUCTION OF A hearing until July 16. SINGLE FAMILY RESIDENCE WHICH WOULD PROVIDE .A 6' EXTERIOR' The Public Hea~ing was opened. = SIDE YARD WHERE 15 ' IS ~ REQUIRED AND PROVIDE ONE r Individuals speaking in opposition COVE'RED PARKING SPACE WHERE to building the house and/or widening TWO ARE REQUIRED' (14151 the road were: Don~ Bernardo, 20544 Marion ROad) (V-523 Marion Road; Mark Epner, 20636~Marion Cont'd from 6/18) Road; Dorothy Stamper, 20.562 Marion Road; C.W. Neale; 14165 Saratoga- Sunnyvale Road; Mile Gernado, Marion ROad; John Kahle~ 20601 BrOok- wood Lane~ Howard Allen, 20520 and 20530 Marion Road. Director of Public Works explained the local street standards, and Councilmember Clevenger added that the City should~ Dot attempt to widen Marion or to connect it to Springer. Director of Public Works stated that. the intent of the subdivision ordinance is to include widening of the street in connection with development of the street. Councilm~mber Mallory stated his desire to have the road widened .for safety's sake. He also noted that the house development. and the widening of the road are two separate issues which must be 'discussed separately. Councilmember Jensen expressed a desire to find out at the next hearing the reason for the 7' fence. She also requested that the staff discuss some means ' of accommodating ~. the design needs of these areas at that time. Councilmember Clevenger suggested that the road be permanently narrowed and designated as a scenic lane. The Public Hearing was continued to July 16. ..- 3~y2/80'- AGENDA ': ACTION .B, CONSIDERATION OF APPEAL OF Ptanning==~.re~tOrTdesbribed the PLANNING COMMZSSZON DECISION hiStOry of Ehe{a~eal, TO.GRANT A USE PERMIT .ALLOWING ~I~."r A PROPOSED RECREATIONAL'COURT '~ 'The.PuSlic H~aring was opened, ~,~'F- WHICH WOUiD PRO~ZDE'A 5' SIDk '-- ~V AND REA~ YARD ~HERE'A 20" SIDE' Jack Chr~sten~ 20230 Bonnie Brae Way, -..'YARD AND A 15" REA~"YARD IS spoke as the a~pellant. He stated :REQUIRED AT 14930 .MONT~LVO that the ha szs of the appeal was to ROAD, PER ORDINANCE NS-3, prevent settzng a precedent for non- .SECTION, i3~!3?~AN.D ARTICLE 16 c~mpliance wit~ ~h~etback require- ' '- (UPL455 (Cont'd fr~~ 6/~8) ments. He the~ ~b~i~t~d a petition' against' the appeal s~gned by neighbors · - Margaret Dennis, 20201 Hill Avenue, :. spoke ~n support of the lappeal. She · brought up the possibility of the ..... space next to the tennis court being permanently reserved as a road, and she reiterated Mr. Christen's concern about setting precedents for lesser Isetbacks. Councilmember Clevenger asked whether there were any assurance that the present d~iveways would remain usable as driveways. Planning Director 'responded that there seemed to be no feasible way to build next.to the tennis court. Dr. Call~ 14930 Montalvo, spoke as the applicant. He said that, in order to avoid ~etting the easement precedent, he' was willing to agree " ~ to compromise on the setback of. the court if they'were allowed to build Ehe fence 10' high. The Public Hearing was closed. JENSEN/WATSON MOVED TO AGREE TO THE COMPROMISE WORKED OUT B~' STAFF IF A HORTICULTURALIST CERTIFIES THAT THE TREES WILL NOT BE .DAMAGED BY " CONSTRUCTION OF'THE .TENNIS-COURT. Passed 4-0. C. CONSIDERATION OF APPEAL OF COnSENSUS'TO RESCHEDULE FOR A DE NOVO, PLANNING COMMISSION DECISION HEARING ON JULY 16..~ TO GRANT A VARIANCE TO ALLOW IMMANUAL LUTHERAN CHURCH TO INCREASE THE HEIGHT OF ITS CROSS ATTACHED TO THE NEWLY CONSTRUCTED CHURCH FROM 55' TO 63' WHICH WOULD BE 8' ' ' HIGHER THAN PERMITTED BY ORDINANCE (14103 Saratoga Avenue) PER ORDINANCE NS-3, SECTION 3.8, and 14.8 and ARTICLE 17 (V-524) 4E7/2/80~ AGENDA ACTION D. MEASURE 'A HARDSHIP HEARINGS 1o Public Hearings on Con- sideration of Requests in Accordance wi[h the Pro- visions of Section 7 of Measure A, ~terim Restrictions as Related to Hardship cases a'~ Peter Noonan (SDR-1445 City Manager said that thisis the 2nd heari.ng, second hearing on this appeal under Section 7 of Measure A and that it would be appropriate that Mr. Noonan bring up any additional information on his project. Mr. Noonan did not have any new information to add, but Said that he believed'he qualified for an exemption under the previous criteria. Councilmember Clevenger said that they will not be voting on fhis tonight. All of these will be coming up on july 8. They will all be considered at one time to be fair with everyone. CONSENSUS TO CONTINUE THE PUBLIC HEARING UNTIL JULY 8. b. Perry West.(1 Lot Mr. West.statea he beIieved his Via Regina)' (SDR-1413 pr6ject was not a new development 1st he~rin~ because he has lived On the land for . many years and does not plan to ch'ange'th~ use of'~the land. He Belie~e~"lh~ me~ts,the hardship criteria. Willem'K0hter~ 2~8421Vila Regina,-. ~ ~ greedy' ~'St'ate~ ~hat he'~ ~ith Mr West. CONSENSUS=TO CONTINUE HEARING TO JULY 8. ~, c. Parhas C~rporation Steve Bernard, attorney for Parhas, (Tract 5~28) 1st ~tated that!hejhad;previously sub- hearing mitted written statements with all his arguments and a~ked the Council to review the comparison of density yields. Marie Rose GaspSr, owner of Tract 5928, Lot 5,'stated that she"sub- divided this lot a year ago. Seven lot~ were sold to Parnas Corporation. CONSENSUS TO CONTINUE PUBLIC HEARING UNTIL JULY 8. 5-7/2/80 AGENDA ACTIdN VI. BIDS AND CONTRACTS- A. AUTHORIZATION TO GO TOBID WATSON/MALLORY'MOVED TOfGO AHEAD. FOR'PHASE I DEVELOPMENT OF WITH PHASE I PROPOSAL. ~Pas~ed ~4-0. CONGRESS SPRINGS PARK VII. CONSENT CALENDAR A. ACCEPTANCE OF CONTRACT. WITH This item was remove~ from the SANTA CLARA COUNTY SHERIFF'S consent calendar'for discussion. DEPARTMENT FOR FY 1980-81 Councilmember WatSon asked about the, d~teCtive~L~pplication.-j."Cit~,'Manager exptained~!j~hat'we are'.'.now paying.-for det~ctiVe.~ser~ce~-;,~ywhich-~we-.~had],fiot don~zin-.the~lpast~.-s~con~ty~'.-the hourly rate has increased; thirdly, the percentage formula has increased greatlyl He recommend ed.~'app~ov~l. WATSON/JENSEN"MOVED TO'r~'A~CEPT,'THE'~..' LAW"ENEORCEMENT'.TSERVICES CONTRACT. Passed unanimously. B. ACCEPTANCE OF~AGREEMENT WITH CLEVENGER/JENSEN MOVED TO ADOPT'i~EST PAUL SMITH, NEWLY APPOINTED' OF CONSENT CALENDAR.. Passed 4=0~ CITY ATTORNEY C. PAYMENT OF CLAIMS ADOPTED. VIII. ADMINISTRATIVE MATTERS A. MAYOR None " B. COUNCIL & COMMISSION REPORTS" Councilmember Jensen.asked,.~taff ' about illegal ddmping on Walnut.!~lj7 Street. · Director of~,public Works'said that '- the sand was used for trenchipg on · . - the contradt by Flat Land Company that is doing the utility conversion on ~he highway. 'The 'inspector · responded to the inquiry and had the material removed. Mallory brought up the.question of .-, car-pool promotion. Councilmember Jensen said. she would like a com- puterized, p~9~a C. DEPARTMENT HEADS & OFFICERS 1. Dire'cto~ of Planning ~ ?~,..,~ a) Report re: williamson Planning~ Dir~ct~.repqrt~d that the Act Policies proposed City could implement Po!~cy #2 by LAFCO -, during specific plan rev.iewj He believed the staff can ,comply with the new procedures and ,~commended -. adoption'~ ~ JENSEN/~LLORY MOVED'TO ADOPT RECOM- ' ""'j MENDATION OF STAFf., Passed '~ ' hh~ni~ously. · 6z7/2/80 AGENDA' ACT~0N b) Report re: T~nt~tive CONSENSUS TO CONTINUE ON JULY 8. Maps Processing to Final Map Approval iii Measure A area c) Report re: County Noted Report. Sanitation District No. 4 AnneXation - Hidden Drive, 1980-5,, Application to LAFCO'~ · 2. Director of Public Works " a) Report re: .Saratoga- Director of Public Works reported on '- Sunnyvale Road B.icycle the history of the proposed bicycle Lanes' lanes and pointed out the issues needing Council direction: the removal of large oak trees and the · need to prohibit parking in ~ome areas if bicycle lanes are to be provided. Councilmembers and members of th.e public expressed their views. Director of Public Works will set up a field trip with Caltrans. MALLOR~/CL~VENGER MOVED ACCEPTANCE OF .: THE STAFF REPORT. Passed 4-0. _..7 D · CqITY,,::MANAGER ' ' '.1. Report 're: Conflicts of City Manager presented various Interest options for the Council and recom- mended that disclosure processes for land development applicants be kept as simpl:~ as 'possible; that we adopt the state model code by i_ refe~ng~}' ,az{d 'that the Co~cil? direct the .'staff ~ to their-preference. " .qONSENSUS. TO DEFER UNTIL LATER IN THE' .' · YEAR. 2. Report re: Rec0mmendi?ng . City'Manager recommended tha~ th'e Agreement for Annual City continue to work with Arthur Audit Andersen-ff'or the next three years. JENSEN/MALLORY, MOVED., TO ACCEPT ARTHUR ANDERFEN A~ THE AUDITOR FOR THREE YEARS. Passed 3-0. (Watson abstai~ed/:as Andersen is' client finn. ) ~. Report re:' Request for CONSENSUS TO' APPROVE STREET CLOSING. 4th of July .Block Party !' on Craigen Court i' '. '- ~ ~' '-~ 7 . IX. ADJOURNMENT ADJOURNMENT Respectful:ly submitted, . Grace E. Cory Acting City Clerk