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HomeMy WebLinkAbout09-03-1980 City Council Minutes '~( -- MINUT'ES Saratoga City Council TIME: Wednesday, September 3, 1980 - 7:30 p.m. PLACE: Saratoga City Council Chambers', 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting -AGENDA ACTION l. .ORGANIZATION A. ROLL CALL -Present - Callon, Cl~enger~ Mallory, ' Jensen, Watson B-' MINUTES (July 22, 1980 Jensen/Mallory mov'ed adoption; unanimous. II. COMMUN'ICATIO~S 'A. ORAL B .' WRITTEN - - " '~_'III...' SUBDIVISIONS, BUILDING S. ITES, ZONING REQUESTS ~ ... A. REQUEST FOR ONE-YEAR EXTENSION City Manager· p'resented recommendation of OF CONTRACT AGREEMENT FOR staff to approve on condition that IMPROVEMENT FOR TRACT 6526 'e~xtension not impact the implementation (PARKER RANCH) of Measure A. City AttOrney specified the conditions of approval: 1) that the project remain in continued compliance '.- wit.h the hardship exemption; 2) that approval did no~ ~onfer any additional .-- rights upqn the applicant beyond what they already had; 3) the extension·is not a waiver of. any claim, any admission '-~"' ~-, 'or ahy:asse~tion in connection with any ',7-'k~k~,. _~ m~t~.e~s n6w"Ren'ding in l'itigation. - · ' watson/cle~e~ger' moved approval. ._ :PaSsed 4~1; Jenson .opposed. IV. PETITIONS, .O~DI~ANC~E~S .&'.jRESOf. UTION~ A. CONSIDERATI6I~OF?~tTI~.EN~!L " City~ana,~er~ ~viewed history of this' REQUESTS CONCERNING RELOCATION issue, including a meeting on OF UNITED STATES POST OFFICE August 7, 1980, with Congressman Mineta., 'IN SARATOGA representa. tives of 'groups opposed ·to relocation ,. CouncilSnan Watson and- City -.- Manager.- The Post Office declined, on August 11, '1.980, to participate in public --' heari-ng~ on the matter.. City Manager then presented severa·l option~ available to. th~ -CounCil. Planning Director d~scribed Planning-Commission's concern! with the proposed use vs. the design of t~e b~uilding· at the t~m~-the design underwent the informal design 'review. He also described Council concerns-With 'the' similarity of the structure t'o nearby civic buildings, energy conservation, and landsdaping. Th·e· Postal Service had submitted a revised design they felt complied with Council's fnt~nt. ".~' Congressman Mineta ' s representative ~ead AGENDA ACTION .correspondence between Mineta and the Postal Service expressing his concern about relocation. As representatives of' the Postal Service, Ervin Sherrick, Ke~th Oswei1, Barney Rowe, and Clare Kinsto~ explained their position. The -. T~)l'lowing~n~emb~'r.s"of the public spoke a~ain~t reiocation.~ ' Jeff 'SchWartz, San MarcKs Road, representing West -- Valley Taxpayers Environment Associa-i'. ,-t~o~;,"~tt~ Alien, ~Dagmar Drive, Vice- As'Sdc~at~6n'; Russell', Crdwther, Court; Ri-chard Simonson, Yerba..Santa Court; Carbl ~chO1,.13597 Ronnie Way; Ray Rossi, 19447.Via Madronas; Rober~ '~an ,der To6~ren,. Horseshoe Drive; Chamber of Co~erce; Vic. Monia, Granite Way; Betty Peck; Ernest T. Barco; ~ais a~? Kdcher " douncilmember Watson reviewed his involvement in the history of the Post Office relocation and stated that he was now 'opposed to relocation.. Councilmember Clevenger reviewed her involvement in the history of the Post · Office relocation, stated that she was -opposed to reloc~tion, and suggested that the Council make a public state- ment expressing desire that the Post Office remain in.the Village and con- cern over the traffic problems created by relocation and asked for a legal clarification about rescinding the . conditional use pemit. City Attorney explained that the City must comply with the requirements of its municipal code, specifically the intention of the Post Office not to cQmply with conditions of the use petit which could be interpreted.las_' anticipat6ry breach of those conditions. Under'<Section 1611 of the City Code, the use pemit could be " ~ suspended~ Councilmember Mallory questioned Oswell further about the procedures used by the Postal Service in relocation decisions. Council- member Jensen questioned Oswell about possibilities for expanding parking facilities at the present Post Office location. Jensen/Clevenger 'moved to write Congressman Mineta thanking him for his very thoughtful. support. Passed unan imou sly. U3/8O ~ AGENDA ACTION Clevenger/Jensen moved that Council Offibi~lIyendorse maintenance of down- town postal facility. Passed unani- mously. Jensen/Watson moved that Council sus- pend use permit based on anticipatory breach of conditions of permit and refer issue to Planning Commission for public hearings. Passed unanimously. City Attorney stated that previous correspondence from the Post Office indicated that they believe they do not have to comply with local ordinances. Nevertheless, they did agree to go through the procedure.I The Postal. Service now owns the land and has the power to proceed with construction. It would now be up to the City to test the validity of those laws, if the City wishes. Councilmember Jensen suggested that the City, if it suspended the use permit, would have the grounds to write to the Postal Rate Commission and request assistance because of diminish- me~t of service in the City. This would not be in~q~V~ment/Li~a]5~ws~i~k.Z bu~m~r~!~ar/reques~ttoLa!reg~la~or!zl. agency. Jensen/CallOn moved that the City write to the sa~e~ersons and in the same vein as Congressman Mineta did asking the Postal Service to cooperate with the City'in keeping the Post Office in the Village and'to withhold further action on the si~e until the entire issue is determined. Passed unani- mously. B. AN EMERGENCY ORDINANCE REGARDING The City Manager reviewed the history' MORATORIUM ON DETACHED SINGLE-' of this ordinance'which had begun as a FAMILY RESIDENTIAL STRUCTURES discussion of certain ambiguities in 'z_ EXCEEDING 18 FEET9 IN HEIGHT the two-story ordinance to concern over (Cont'd from August 21, 1980) the broaderissue of the relationship of height and bulk of a structure on the lots. Planning Director Robinson reviewed the contents of the proposed ordinance. Councilmembers questioned the Planning Director and City Manager concerning specific provisions of the proposed ordinance, including the 18' limit, the emergency nature. of the ordinance, the point at which.the height of the"....j... building is measured, the significance of the slope of the land, the retro- active clause, the desirability of noticed public hearings, and the character of architecture of new houses visa vis existing structures. % -; 4-9/3/80, AGENDA ACTION Carl Bumpas, 15750 Winchester Blvd., spoke on behalf of the design professiox against the 18' maximum height. Nancy Arias, Canyon View Drive, spoke on the need for retroactivity and presented the Mayor with a photograph of a house with an 18' roof. John Saunders, 13570 Beaumont Avenue, spoke on his project.or Aloha. David R.K. Jo.spoke against the 18' limit and retroactive clause. Perr~ - Nes~, Via Regina, spoke forthe 10% slope provision in the ordinance. Steve Richard, Douglas Lane, asked if this ordinance would make all two-story home~ ~onrc0nfor~i~..g. Cit~-attorne~i~aid~i:?. subject to 'confirmation by Planner, tha| the ordinance has a provision that' destruction above 50% requires a new application. Mar~in Marshall spoke against retroactive clause. Jeff ~.-..~'~_. .' Schwartz, San Marcos Road, spoke in favor of increasing the 10% provision and broader noticing, with an appeal right. Iensen/Watson moved to approve Drdinance with the following changes: that the height of the.structures be 2hanged to 22' and that there be an ~dditional section,6 e specifying that the proposed structure shall not be out Df character with the existingi~i~,..~' ~tructures of the neighborhood~ Passed ~nanimously. .. 2allon/Watson moved to remove retro- iactive clause. Passed unanimously. 2ouncilmemberMallory questioned Planning Director as to whether, one of the houses was out of character with the neighborhood. Planning Director replied that although there was a 50-60 years difference in style, the Planning Commission was able to make the necessary findings. George Whabert, Saratoga, questioned the emergency nature of the ordinance and spoke against it. C. CITY OF SARATOGA RECEIPT OF City Manager reviewed the Joint Powers FUNDING UNDER THE HOUSING AND Agreement with the County of Santa Clara CO~dUNITY DEVELOPMENT ACT under the Housing and Community .Develop- ment Act. Councilmember Jensen ,,u-jr 1. Xdoption of Res. 970 questioned the extent to'which Section approving the Joint ExerciSe 4, page 3, and S~ction 5, page 4, of Powers Agreement Qith the committed the City to projects it may County of Santa Clara not wish to undertake. City Manager responded that some of the provisions 2.' Approval Of Proposed Citizens were based directly on federal law and Participation Plan. were thus not negotiable, but that the only projects the City would be 5-9/3/80 . AGENDA ACTION committed to for the'next fiscal year were those in the program for that year David Moyles, E1 Quito Park Homeowners, -' spoke in.favor of the use of SHARP fund for purposes other than housing. Andy Beveret~, 19597 Via Monte Drive, ~poke on behalf of the Senior Coordinating Council of Saratoga_~n f.avor of Reso- lution 970. Carol:~chol', Ronnie Way, spoke against alloQing low-cost housing. Councilmembers expresse.d their concerns.about the joint powers agreement and d~rected.s~a~f~oprovide further information...:T~e.matter'was continued to the September ~7tl~ ~eeti~g V. PUBLIC HEARINGS .~ .' A.' CONSIDERATION OF REQUEST IN City Manager.reViewed. the his~d~y of ACCORDANCE WITH THE PROVISIONS the Politi Hardship application. Mrs. OF SECTION 7 OF MEASURE A, Politi stated that she had no further INTERIM RESTRICTIONS AS RELATED comments to add. Councfimember :Jensen TO HARDSHIP CASES. asked if there...was sufficient water at this site for the minimum, fire requir~ -1. Mr:.and Mrs. Politi ment. Mr., Wimberley, Director (SDR-1259) Pike Road Inspection Services stated that~ab=i~ (2nd hearing, cont'd from present there is not enough water, but August 21, 1980) that this project was expected to participate in the expanded water system that would serve the Parnas · .-', development. A building permit could not be issued until the hydrant providing the proper fire flow.had been provided. Councilmember Jensen · asked that the septic tank system be required to comply with Regional Water Quality Control Board standard~ rather than the lower standards of-the County. Director of BUilding InspeCtion explained the City'~ procedure~'Vith regard to the approval of septic tanks, · . including the fact that single sites .. are, allowed septic tank systems when the sewer~hookups are!,mo~e 'than 300' distant. Watson/Jen~en moved that staff,prepare a resolhtion approving the hardship. exgmption for Politi subject to the project satisfactorily meeting'the standards of the 'Reg~qnal Water Quality Control Board. Passe.d unanimously... - Continued to S~ptember 17: B.' FINAL MAP. APPROVAL CHESTER City Manager reviewed ~he 'history of AVENUE, TRACT 5924 (9 Lots) this final map approval. Councilmember · SD-1411 Clevenger asked if a road on the map was being removed and.Director of Inspection Services replied [hat it was ' . . .. essentially to be removed. Council-. " member Jensen asked:about.the horse · trails going down Chester,.and Director ' ' ' of Community Services pointed out that AGENDA ACTION this map is a portion of the master plan adopted in 1976 and that staff are continuing the trail easements as shown on the map. Bill Heiss7 civil engineer on the project, stated that the ease- ment in question is a pedestrian 'and equestrian easement adjacent to the street which does not enter the project No specific program of landscaping or fencing was planned for .the easement because it is a natural portion of the f.ront of the lot. Jensen inquired as to .whether lots could be sold before ~he-'s~ru~tu~es ~i!ndi~ated as planned for f&moVal had 'been removed. Director of Public Works pointed out that the structures are situated across lot line: "and would have ~o.' b~ "ren~oved to ,. accomplish .the sa~e of' the lots. Heiss stated access to the structures would also be 'cut' off, and that the buildings would be demolished when' the land was cleared by the bulldozers. Council- member Jensp~aske.d what trees 'would be ke~t' ~nd whether. all trees possible wer~ to be retained. Heiss said that about 20 trees would be removed .in the street area, about 12 of which'would be ordinance size. The site is heavily wooded, and it.would be impossible to enter the site withou~ some tree removal, but tree removal has been kept to a minimum by building retaining wall'- ~o save some and routing streets away from trees. Councilmember Watson-asked ~' how large the lots were. Heiss responded that they rang~ed from 96/100 acre to 2½ acres and averaged 1~ acres. Morton Powers, 14265 Chester (Tract 5923) asked the identity of Osterlund Industries and whether a center divider entrance road was planned' to control i traffic. Staff replied that they were developers who had done business in Saratoga for many years, one of their most recent developments being the Burgundy Way project off Fruitvale~ The intersection is planned as a normal 90° intersection, and Director of Public Works feels that the intersectio~ is satisfactory. Clevenber/Watson moved to adopt' Resolution' 1411~2 approving the final map of Tract 3924. Passed ~nanimously. PROPOSED OPERATING BUDGET. Mayor'Callon summarized the requests CAPITAL IMPROVEMENT PROGRAM, AND received for budget consideration.' Ed EXPENDITURE OF REVENUE SHARINGI Gummersoll suggested that the later FUNDS FOR THE 1980-81 FISCAL. · agenda item dealing with the Parks and YEAR. ' Recreation capital improvements be dealt with as a part of the budget 1. Resolution No. 972 : hearing. .Gary Pinku~, 18661 Martha Av.. 7 ~- ~j 7-9/3/80. AGENDA ACTION Director Of the Nursin9 Home Ombudsman program, spoke in favor of his agency's grant proposal. Mildred Gordon, President, Senior Coordinating Council, spoke in favor of the Ombudsman program. Barbara Campbell, County Librarian, spoke for the Library's reques~ for funds. Greg Rose., ChairperSon. of the Library Commissiqn, spok~ for Library's request for funds. Council- member Watson asked how many 9eople use our libraries~ and Mrs. Campbell repliec that the figur~ is very close'ot the!'. entire pophlation 6f S~ratoga~, Ed1 Gummersoll, Chairman of Parks and Recreation Commission sp0k~ in favor of the capital improvement items for the City Parks and Recreation Depart'~' ment. Councilmember Jensen asked' why these items were not in ~e:budget, and Gummersoll responded that they had not survived the ihitial budget processing but the Parks and Recreation Commission had considered them important enough to resubmit. Councilmember Mallory asked about the strategy for Hakone Gardens, and Ms. Sampson, Director of Community Services, explained that they had been able to arrange for the work On the lower houseto be done at a lower cost than originally ant'icipated and that the additional $30,000 was not needed. Vic:Ul~er,' Paseo Presada, spoke in favor of the'library budge't proposal, as did Lois Thomas, the Saratoga Librarian. Dor.~T,'Grens, 13451 Old Oak Way, spoke in favorof putting funds for a method of communication between the Council and the public in the budget. Councilmember Watson commented that the City was going to~have to dip into reserves for $400,000 principally, because of the Sheriff's department increase and the Measure A litigation costs, but that nevertheless, he believed that the library request ought to be seriously considered. Councilmember Mallory stated that he would be absent from September 15 to 26. He indicated his main budgetary concern~ both current and future. Mayor Callon indicated'her concern with a balanced budget and suggested that the Council consider not funding new requests and not increasing funding to agencies we haye in the.past. Ms. Campbell rose again to inform the Council that SB 958, a supplementary library funding bill, did pass the State Legislature and inquired-as to the Council's inclinatior to support the Library. Councilmember Clevenger said she was inclined to vote for the library, as did Watson and ~ ~ 8-9/3/80 d AGENDA . ACTION " Jensen. Mayor Callon requested.tha~ all requests'not on budget be listed on a separat~ sheeE ~y staff. City-Manager explained the impact of appeals on the : budge~; income ~o the City'is about $600 ' per year, and th~ cost, including legal noticing, is about S1200. MayQr Callon - . . continued the ~ubtic hearing until the next regular meeting. VI. BIDS &-CONTRACTS · · Ai A~NDMENT TO CONTRACT FOR WORK Mallory/Jensen moved that recommendation ON DEVELOPmeNT OF CONGRESS of staff be accepted. Passed unani~?~ze SPRINGS PARK, PHASE I mobsly. B. .REQUEST FOR AUTHORIZATION TO'~' Jensen/Mal~ory~moved that staff recpm- AMEND CONTRACT .WITH LENOX~ ':' men~ation on.~Ha~6ne. Gardens be accepted. DESIGN AND CONSTrUCTIOn'COMPANY Passed unanimously. TO PROVIDE FOR I~LEMENTATION OF PHASE II IMPROVEMENTS TO '. STRUCTURES AT HAKONE.G~RDENS, C. 'AUTHORIZATION T~ A~RTISE F~R C~e'~Wa~sbh.'moved to approve -BIDS FOR .TRAFFIC SIGNAL MODI~ authbri'~tion'.'~'PAssed unanimously. RICATION. AT-COX AVENUE/SARATOGA AVENUE AND ALLENDALE AVENUE/ QUITO ROAD VII. CONSENT CALENDAR ' · A. °~ONSTRUCTION ACCEPTANCE-TRACT Councilmember Jensen asked .that Item A 6508 SARATOGA FOOTHILLS- ' be removed..from'the Consent Calendar. P~OSPECT AND. SA~A~OGA-~UNNYVALE Mallory/Clevenger moved to approved ROAD (Cont'd from Auqust 20, items B-E 6f:the ~o~seht. Calendar. 1980) Passed unanimously. .... ~ ~.v Councilmember.J. en~en noted that she ~,V,~<~'~i.[ ~c~'i~'~ ~.:~.~ ~'-.~j2~ would. vote agai.nst item A because she · 'i~::~:::!~jL~ '~i?.~'~'~ ~.~: ~.~-7~.._'~:~7',~J felt the City was accepting a large ..~:-~r '~"~""'?' ~' ~ i~.~i ~ liability'be'cauS~ of the.necessity of repaving aft'er flooding. CoUncilmember ~ ~7','~17~.' ~ ~'q. ~,.,D ~- ~'!~i~=~.', Mallory sta~ed ,that he was s~tisfied ~- ~-- . I.. ~.c.:~./~.,..~,f~.~?.~ with the projecE Mallory/Callon moved -~ ....... ...~: .... ~.-~:-.. .....- ........ to approve. .Passed 4-1, Jensen opposed. --~--~ .............. .~~' ..... Councilmember Watson noted that he was voting f'or the project because 6he - streets were al-ready being constructed in any event. CounciImembe~ Jensen asked that a letter of thanks be sent ~o Mr. Jacobson for his dedicati6n of an ease- ment. B. REQUEST BY JAMES-ASHER, KITT- Mallory/Clevenger moved Eo approve. RIDGE ROAD,~FOR A SECOND ONE-. Passed unanimously. YEAR EXTENSION OF BUILDING SITE AGREEMENT (SDR. 12-i9) C. REQUEST OF MR. A.J. SCHRAGER' Mallory/Clevenger ~oved to approve: HIGHWAY 9, FOR-THREE-MONTH EX- Passed unanimously.. TENSION OF BUILDING SITE IM- " ~OVEMENT (SDR. 139~,) 9-9/3/80 AGENDA ACT ION D. APPROVAL OF EASEMENT FROM MR. ' Mallory/Clevenger. moved to approve. HUGH JACOBSON, SARATOGA-SUNNY- Passed unanimously~ VALE ROAD, FOR BROOKWOOD LANE PATHWAY 1. Resolutio~ 971-- ' .,,- '.~,. PAYMENT OF CLAIMS ; Mallory/Clevenger moved to approve· -. '! Passed unanimously. VIII.. ADMINISTRATIVE' MATTERS. ' · ~'- , . _A. MAYOR - . ·. .-,.q: <<. - '~'~ B. COUNCIL & ~OMMISSION POR~S' si 1. Parks and Recreation Continued Eo September 17. Commi. ssion recommendation ,'! re".' Capita'l Improvement, · ' - . Program --' ' Councilmember,Cleveng~ notedl that there was a " .. : 7 vacahC~ on '~the~HCD. Cit'izens~Adyibo,~y Cu~t, ittee-: · .: and=tha~if-rRes.. 9,70 were p~.ssed~a-citizen would · need~t:o be ap_ppinted. - .[gsSibilil.t~,;6f~fmtt-ing.:~n~,.af.gt.m~hnt .on .thel--ballot t~he.j_p~__lib'j; -CouncilmemberrWat-~onua~eed~, 'C.: DEPARTENT H~ADS v&. dFFICERS' - · .:- '" '1. , Director, of Public WOrks -- a') Report re': Saratoga- ~i~ector of Public;Works reviewed -- - Sunnyv~le R6ad Under- S~ratoga-SunnyVa'le Road Unaerground ground Proj~c.t Cont'd Project and asked for Council inpu~.- . . . from August- 2t, 1980') J~nsen/Watson moved' to approve under- .. f~u~ding i.n areas .farther from building .... and to leave pole~ closer to building. _ Passed unanimously. ~: '2 ~ ~ - ' 10L /80 ~CT~O~ b) Report ~e: ~ime Limit ,Continued ~o S~ptember parking in Village Parkin~ District #1 c) Report-re: "COncern by Continued to S~ptember 17. ,~ Mr. Sherman re Video engineering D. CITY MANAGER City Manager asked for tentative Council approval o£ street closing for Joe Swyt, ~subjecE to Mr. Swyt's. meeting City -- conditions.· Watson/Mallory moved :" ~pproval.- Passe~ ~nanimously. · -','~- -City Manager,a~k~d for endorsement of ' '- T~a~fic,' ~1 ~ ~ly · ,~,~. :,~. , Circ a n' an si in relation - 'ship to spe~if,ic'~l~n'development. '- ' Councilmember Jensen stated that until "~ '~ ~we ~e~ a~m~ht 'o~"density, areas of ' ~'~ ;developm~n~ ·&~d ~d!~standards p~t~g money into a Plannlng prQject would not ~? ,': ~-~ f~uitfu~. Pl~n~in~ DireCtor responde~ ~h~t 'the~ci~cul~t~on~~a~a,lysis is a , -- pivotal point in the-planning process. · ,- - Watson/Mallory moved to,endorse the traffic ci'rculat-ion analys~s. Passed '- 4-1, Jensen oppose~.. 1. Report re: Reques~ of Mr. Continued to September 17. Andy Beverett re Mainten- ance and liability of land scape median entrance Eo Arroyo ~aratoga. 2. Consideration of R~solutior N~p~:.:~' ::"2~=j.~'~ .... ~- -' :-. currently 'under review by -~ -~ ~ - Sanitati6n District #4, ' requesting a moE~torium on sewer permitS. : IX. ADJOURNMENT· ADJOURNMENT ': ectfully sdbmitted, yer C~ty Cler~