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Home My WebLink About07-16-1980 City Council Minutes Saratoga City council TI~: Wednesday, July 1~, 198q, 7:30 p.m. - PLACE: Council Chambers, 137~7 FrUitvale AvenUe, Saratoga, CA - AGENDA - ACTION. I. ORGANIZATION. A. ROLL CALL "° ~resent - C.allon~' Clevenger, Mallory, - ' Jensen, Watson ~n~'~/M~li6P~:~SVe~'! aScept~' ~df~ii-~d~b~f~'- 6/4 - Pages 7 and'8 reversed ' . ~=:-' ~ -~-'.-d~velbpe~..',f~il~d~3~_2 ,!, ~r' 5' II. '- COMMUNICATIONS A. .ORAL - B. - WRITTEN ' ~ . - !I.I. SUBDIVISIONS, BUILDING SITE~, ' ' ZONING REQUESTS .... ' · A. - REQUEST ~FOR SE~4ER~DISTRIC~Z?..:."~Z:~ Watson/Cteveng.e~ moved. to di'rect staff. to ~ ANNEXA~IGN-:OFl'APNT~66~06H26F;EZ,2,1S50-, sUpR0r~t the, ~an.n~t'i6n ~,f~ ~t;he .par, cel of ~' BLUE' HTT,Lg?~'IAND~_.~[LiNDSfOFF,J,I~!,' . CUpertina ' S~nit~ zDistrict a'~d' ~ecure the "'~' NELSON) deferred annexation ,agreement. Passed 4-1 . ~ : ' (Jenseh- 6ppo~ed')' ' ..... "' IV ._ PETITIONS, ORDINANCES ,. RESOLUTIONS -'- V. PUBLI.d HEARINGS A. TO.'.CON~I[IERiAPPEAL'.'OEjP~ING Z.j~I~IjF~. john Feemster, 1880 Ten Acres Road, owner .C(~,~ISSIgNzDECISIGNiTO~ALL~q%CDN~.~' of th~ property,-req.~ested clarification STR~U_CTIGN,~/OECAi.-SINGT~EFAMI~LYi, RESI;-,'~' of the procedures-invOlved. City Attorney DtlNCE~IICHq~OULDZ,~PROIriEEiA 6%',f~f,"r and councilm~mbers discussed the 'issue, EXTERIORUSIDE~'YARD[rAIF_~REi~15.~,~f, IS>!' and Mayor' Callon sta_ted that _they would REQ. UIRED, TAND..PROVIDECONEZeOVEF~JD l~.l~i bandle the fence issue as a side issue but PA~KING'_;SPACEiI~RE~T_t~qOIARE.~REi-?.~ not as a part of the variance. C.W. Neale QUI~EDI '~'~i~IS~l-M~jfion"RO~d)z=J(V~523') spoke against the appeal. The owner of ('C0~E!~dT.ftt~m'~Julyi2,.~.~980)l'~Y-.l;.7.'f~ 14151 Marion Road said he would be very ~ .....~ ..... ..-.- . pleased to jusn do an improvement on the iota. Co~ncilmembers' discussed with staff and the property owner the issues of set- backs, ' lot cbverage, variances, consis tency with the neighborhood and effects of · "' road widening on the-neighborhoods. Watson/Jensen moved that the variances b~ denied. Passed unanimously. Don Bern'ardo -' -. expressed' dissatisfaction with the '~,~'.:f Council ' s d~ciSi6n.'and the procedures for -- obtaining permits. Councilmember Watson ... suggested that.the nei_ghborhood organize a task force tobrfng a request that could be acted upon-by the council. 2-7/16/80 'AGENDA ACTION ' 1'175. ' - ' r The owner stated'that the City had twice informed him that the fen'ce ~as legal. City Manager stated that that resulted ,from a misin[erpretation of the code. in · B.~L~DE._NO~OYHEARINGS TO CONSIDER Planning CommisSion ~eviewed the history ~PPEAL OF PLANNING CO~ISSION of the matter. Bruce Owens, Lomo Rio Dr., DECISION TO GRANT A VARIANCE opposed the cross and its lighting. TO ALLOW IMMANUEL LUTHERAN Stephanie Salvador, Lomo Rio D~ive, CHURCH TO INCREASE THE HEIGHT opposed'th~ cross. Gerald Rosenburg, June OF ITS 'CROSS ATTACHED TO THE Way, opposed the cross, and suggested that NEWLY CONSTRUCTED CHURCH_FROM it be moved to_the front of the church. 55' TO 63' (14103'ISaratogA Siga steen, ~une.way, stated that she is Avenue) (V-524) -(cont'd from not opposed .to the church or the cross, if July 2, 1980) the cros~ is placed-in a' position that does not offend ~he neighbors, as did Betsy Rosenburg,.'14014 June Way. Public Hearfng was closed. · -~ ~lanning Commission clarified the require- mentS df the zonihg ordinance in terms of measuring and explained'that lighting is not~mention~d. 'Councilmembers discussed their individu~l opi~ion~ of the variance. ~'~ ~ichard Johnson,.,13226 Glen Brae Drive, ~ qha'irmah 0f bdfld~ng and planning commit- tee'f6r:the'~hu~'dh, explained the chdrch's reasons for requesting the ~ariance. He ~ ~ ~ explaih'ed ~hat.~h'~ ~osition Of th~ church " "~ '~ had been ch~rnge;d.l~te in the planning ~rocess to accommodate trees, and the ~'-'.~-' ~- ,.. ~hange-detractedlfrom the' ~ppearance'of "' th~ cross as ~ ~h~d. He said that the 1 church members had'been cooperating with the neighbors to solQe th~'~lighting pro- blems and no~ed that other churches'~n the vicinity had been granted h~ight ~ariances. Stephanie Salvador spoke in favor of a compromise. She noted that ~- there were two crosses involved with the church. She also mentioned that when the trees are no~ in bloom she can see the church very wel'lq Jack Sanford, 19942 Via - · iqEsc~la Drive, s~oke ~n favor of the ~zariances, as did David Williams, 14198 Juniper Lane. Pastor Jerr~ AlmonSbn, ~_. 13810 Camino Rico, spoke in favor of the varianc.e, say%ng that whether the cross ..... remain~ at 55' or ~s raised to 63', it is still going to overlook the trees of the neighbors and will be' approximately the same ki~nd of structure to the~people be- .- hind. Bruce OQens spoke against the variance and suggested'that the cross be moved. Eo the fronn. Johh Campbell, 13759 · Saratoga Vista Avenue, a°.member bf this ehurch, made a correction in regards.t'o the lighting; the lighting is only on the cross, not the church also. He read a ' letter that he wrote along'with Dick JOhnson. '3~7/16/80 AGENDA' ACTION Watson/Jensen moved that Council deny the variance. Passed 3-1 (Mallory opposed). City Attorney fnoted that "The restriction on the lighting was only a condition for ~ the granting of the variance. variance ms denied,~ there would be no present restriction on the lighting of th~ -- 'cross at its present elevation." Mayor Callon said as.an overview that, "Findings 2 and 3 of the Planning Commis- ~ slon are disagreed with on the base~ that "' circumstances are not so exceptional as to not allow the symbol. to be displayed.'" C. TO CONSIDER APPEAL OF PLANNIN6 Callon/Jensen moved that a de novo COMMISSION DECISION TO GRANT ~ hearing .be set for 11:10 that evening. VARIANCE, TO THE WIDTH OF SAIE Passea' unanimously. LOT, 19j330~TSARATOGK-LOS GATOS ROAD' (V-529) .VI. BIDS AND CONSTRACTS A. AWARD OF CONTRACT FOR PARK Jensen/Mallory moved to award the con- IMPROVEMENT PROJECTS AT EL tract. Passed unanimously. QUITO AND WILD~OOD PARKS. B. REQUEST TO CALL ~OR BIDS F6R' W~t~on~/Jensen moved to ~equest to call CONSTRUCTION OF BIKE PATH ON fo'r bidS. Passed unanimously. SARATOGA-SUNNYVALE ROKD B~- TWEEN BROOKWOOD LANE AND SARATOGA CREEK. VII. CON~ENT CALENDAR ' A. RECOMMENDATION TO INCREASE' Clevenger/Je~Sen moved to adopt' the . RATES FOR RENTAL &' ,USE OF consent calendar. Passed unanimously. CIVIC THEATRE 1. Resolution .#780.10 -" B. DENIAL ' OF CLAIMS ~ - 1. D~nial to ~mendment to Claim denied. ~claim .again§t~ C~.i_ty' dated April '22 ,., 1980.~._' and' pr, e~' ~ viousl'y dehied by Cit~/o'fl {.~, ~- ~ Saratoga. A~ro'n L & Carolyn G. Katz 2.Denial '~6 claim ~g~ins~' Claim denied. City for. d. amag,es ,by 3. Denial of claim for Claim denied. damages due to flooding. Frank R. Mason, 12423 Greenmeadow Lane. 4-7/'16~80 AGENDA ACTION C. VILLAGE~PARKING DISTRICT #4 1. Resolution 889~U'. A Mallory/Watson moved to adop~.889-U and Resolution determining ,889-V. PaSsed unanimously.. unpaid list'and providing ' ~ for issuance of bonds D. PAYMENT OF CLAIMS Approved. ,V'. PUBLIC HEARING (CONT'D.,) Council returned to this hearing. C. TO CONSIDER APPEAL OF -' ?lanning Commission reviewed'the history PLANNING COMMISSION DECISION if'the appeal. Don Lucas,~R~per~y\~wner ~TO GRANT A VARIANCE,,TO THE immediate~t~n6rth~qf-t~help~rc~l;~spoke. WIDTH OF SAID LOT, .~913~0 lagainst the variance for aesthetic SARATOGA-LOS GATOS ROAD~'!<~~i!~ reasons. Dr. William McGlaukin, 193'10 V-529 ' Saratgga-Los Gatos Road, spoke against the ~ariance'. Charle~ Door', 19'460 Bainter · -Way, spoke against the p~oposed bridge. Donald Bauchey, 1926'1 CitrUs Lane, spoke · ~ against the variance. 'Jack P~ato, 19458 -. Bainter Avenue, expressed concern about - ~. the proposed house being too close to his corral. Public Hearing~w~s c~os~d. C6uncilmembers~discUssed the issues~o'f. scenic easement,.acce~ from Bainter, determination ~f a~erage width of property and the effect of/setting a precedent in. this area.. Jensen~Cl~venger moved that '~ - the Counc'il uphold the Planning.~Commission "' decision~ Passed unani.mously.. "'. Councilmembe~ Jensen suggested that in the · -' ~ t~ fu.tUre when hearings~are continued and the ~, .~ ~.I appeal'ant ~s'..n~t~ t~ mak~ it that the ~ ~"'~- testim6ni'eS}~e.h~rd'A~; the b~ginni~g of ~he meeting. Council decided on the ,' ~ollowing policy-regarding continuance of ~ . ~ hearingS:'~.i'f.~o~ohe.~is,~ot a~le, to ' appear at the meeting, they should.~ave .. someone else represen~=them;'the Council --, ~ should tr~ 'to~make'l'a decision ~t the very first meeting a public hearing comes up. VIII. ADMINISTRATIVE MATTERS A. MAYOR NOne B. COUNCIL AND COMM~ISSION REPORT "~- Recommendation from . Planning CommisSfbn ~e: a. Amendment to"Recrea- tional Court ordinanc~ o set publi'~ h~rin~f Iensen/Mallory movedrt'o'change,public, 'for 9/3/80.= hea~inV to 8/2~/80.. Passed unanimously. 5-7/16/80 AGENDA ACT ION b, Amendment to.zoninc ordinance subsection' (d) of section 10,2 6f ordinance.NS-3, Real E~tate signs, o Se~ pu~ti~ hearing ./Mall0ry.~oved t6 change public for 9/3/80 ~ to 8/20~801 Passed unanimously, ~· C. DEPARTMENT HEADS & OFFICERS. - - 1', Director of Public. Works a, ·'Report re; "Park,and ity Manager stated the Council's options 'Ride" transfer center Dn this issue, Couhcilmember Mallory- in West V~lley Trans- portation··corridor, in favor of.alternate forms of transpor- The Council asked that~this be -. sched~led.for.~.~u~ur'e"~%~y's'a~i~,~' D. CITY MANAGER · . 1,· Presentation of 1980-81 ~ Manager presented the proposed Budget He compared revenues ~nd expen- for the previous year ~ith 1980-81 nd explained the differences, He stated '- '.- 'h~e Ci.ty can accomplish the programs it desires by using. reserve funds, while · , g that this process cannot' ~-'-.- .,~, -~- tinu~ indefinitel, y, He'·~nd~cated"it was public'hea~l~g on.Sept4 3, - 2, Request. for~supplement~l will be discussed at ~futu~e-mee~ing,, , iX. ADJOURNMENT ' '~ ~espectfully submitted~' Ro r