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Home My WebLink About09-17-1980 City Council Minutes M~NU~ES ~' --.~. SARATOGA CITY COUNCIL ~' '~ TIME: Wednesday, September 17, 1980 -'3':30 p.m. 'PLACE: Saratoga City Council Chambers,'13777 Fruitvale Ave., Saratoga, CA TYPE: Regular Meeting AGENDA " ACTION i. ORGANIZATION A~ ROLL CALL Clevenger, Jensen, Watson, Callon. Mallory absent B. MINUTES II. COmmUNICATIONS A. ORAL B. WRITTEN C. SPECIAL BUSINESS - APPROVAL OF Clevenger/Jensen moved toadopt modi= MODIFIED COUNCIL MEETING PRO- fied procedures. Passed unanimously. CEDURES III. SUBDIVISIONS, BUILDING SITES, ZONING REQUESTS A. SDR 1377, WILLIAM CLARK, WALNUT Council clarified conditions; streets AVENUE, REQUEST FOR ~CLAt~FICATICN~'! in similar circumstances to OF CONDITIONS AND ISSUANCE OF discussed at study session 10/7. BUILDING PERMIT PRIOR TO 'C~'Yf~r'~' OBTAINING FINAL SITE APPROVAL IV. PETITIONS, ORDINANCES & RESOLUTIONS A. CONSIDERATION OFREQUEST IN CQn$ider~d'a-f~z~pub~icX hegrings; then ACCORDANCE WITH THE pROVISIONS continued to 10/1. OF SECTION 7 OF MEASURE "A~" INTERIM RESTRICTIONS AS RELATED ~ TO HARDSHIP CASES (SDR-1259) ! 1. Resolution No. 973' B. RECEIPT OF FUNDING UNDER THE 'Consider~d~af~ ipublic hearings; HOUSING AND COMMUNITY DEVEIDPMEIqT,~ then'continued.'to 9/30. ACT (Continued from 9/3/80) 1. Adoption of Res. 970 approving the Joint Exercise of Powers Agreement with the County of Santa Clara 2. Approval of'Proposed Citizens Participation Plan C. RESOLUTION OFTHE CITY COUNCIL Clevenger/Jensen moved approval of OF THE CITY OF SARATOGA AUTHO- Res. 974. Passed unanimously. RIZING THE FILING OF AN APPLI- CATION FOR ANNEXATION OF THE AREA KNOWN AS SUNLAND PARK 1. Resolution No. 974 )/17/80 · AGENDA .' ACTION V. PUBLIC HEARINGS A-., PROPOSED OPERATING BUDGET, Acting City Manager reviewed modifi- CAPITAL IMPROVEMENT PROGRAM, AND cations'in the proposed budget, EXPENDITURE OF REVENUE SHARING including-the c6st of implementing the FUNDS FOR THE 1980-81 FISCAL general plan in one year and providing YEAR (Continued from 9/3/80) a means of' public communication for the Council. 1. -Resolution No. 975 WillemI, Kohler asked about the pro- posed communication allocation. Mayor Callon replied that the $9,000 was for a quarterly report. Barbara Campbell, County Librarian, reported on the status of SB 938 and supported the Library allocation. Councilmember Clevenger stated she :wohtd like to protect the ·reference librarian position, but not the film collection. Andy Severerr asked What money would be used to pay any awards that might result from Measure A litigation. Acting City Manager responded that those costs .would have to come from the $600,000 projected reserves at the end of the year. Louise Schafer sta~ed the Library budget had been cut about as much as it could be and stated her feeling that the Library was essential to the way of life of Saratoga. The Public Hearing was closed. Councilmember Watson spoke in favor of balancin~ the budget by finding creative ways to cut costs rather than dipping' into reserve funds. Councilmember Jensen stated that the Dudget should be balanced every year. She would be willing to use fund reserves to pave streets, but rsuggested that a comm'ittee of Council and staff cut the budget and find~ new sources of Councilmember CleVen~er no~ed tha{ money would be saved in~ the General Plan review by 'having councilmembers and ~lanning Commissioners meet with various citizen groups, which. would also make the CoUncil more reSponSive. She said the reference librarian position should be protected. 3-9/17/80 AGENDA ACTION Mayor Callon pointed out that this was an unusual year and that reserves · should be used for Measure A costs. "'~ The General Plan review should be funded So as to be completed within one year, andc~ia~month~y newsletter '~'" ' should be developed. She believed tha~ ,, -. the librarian should be funded through ~ revenue sharing. Councilmember Watson expressed concern ~hat reduced City revenue wou~d be an on-going trend. He..suggested a study by a citizen task force and supported a balanced budget. Acting City Manager stated that in order to balance the budget (except for Measure A cos,ts), $128,000 would need to be cut, which would mean major program cuts. jensen/watson moved that the budget be balanced except for the, costs of Measure A. Passed unanimously..I Mayor Callon summed up the consensus of the Council for .cutting p~ogramS~ not related t9 th~ City; protecting funds for the"Gen~ral Plan re~liew ~ within one year; retaining funds for Council to communicate with the public; and using revenue sharing funds for the librarian., -, Acting City Manager summarized requests from non-City agencies and estimated that staff would require about two weeks to revise the budget in accor- dance with the Council's motion. The hearing was continued until the meeting of, October 1. CONSIDERATION OF: 1. 'AMENDMENT TO THE 1974 Planning Director reviewed the pro- GENERAL PLAN LAND USE ELEMEN posed annexation and stated that the TO MEDIUM DENSITY AND GENERA~ Planning Commission had recommended PLAN TEXT IN CONJUNCTION WI~H adoption of the amendment to the THE PROPOSED ~NNEXATION OF General Plan (through Resolution 975) THE AREA KNOWN AS SUNLAND ' and prezoning Sunland Park (through PARK, TO THE CITY OF SARATOGA Ordinance 3.46). ~a. ResolUtion No. 975 Attorney Gary Coates stated that the residents of Sunland Park were eager 2. PRE-ZONING TO R1/10,000 OF' to be annexed and were willing to THE AREA COMMONLY KNOWN ~S f~llow the ordinances of Saratoga. Mildred Gordon asked about costs re- lated to the annexation. Planning Director explained. that there were no direct costs to the City, although'an assessment district could be formed to improve Quito ~oad. AGENDA ACTION Ed'Olson, Purdue.Drive, asked about costs to h0meowners. Mr. Coates estimated that the costs would be $160-175 per year per resident to improve Quito and McCoy. Mr. Olson spoke against'the annexation, saying he opposed the parking r~stric- tions applied to recreational vehicles and objected tO the "forced annexation. Mayor Callon pointed out that the residentsof Sunland Park petiti0ned to be annexed to Saratoga. ThePublico~earin~!~as closed. ~ Jensen/Watson moved approval of the "" negative. declarationlfor the annexation ~Palssed unanimously.~ Jensen/Clevenger moved approval of the General Plan amendment as proposed Res. 975. ,'Passed unanimously. Je~Sen/Wats6n moved introduction of O~di~ce~ NS 3.46 to pre-zone Sunland Clevenger/Jensen moved approval of Resolution 974. Passed unanimously. C. CONSIDERATION OF APPEAL OF ~ ~ Planning Director reviewed the history PI~NNING COMMISSION.DECiSION TO of the application and stated that the GRANT A USE PERMIT AND TENTATIVE Planning Commission had orig%nally BUILDING SITE APPROVAL TO ALLOW denied an application for 36 units. THE CONSTRUCTION OF 29 CONDO~ This was later reduced to 29 units, MINIUM UNITS AT 12299 SARATOGA+ which the Planning CommissiOn approved. SUNNYVALE ROAD, SARATOGA, CALI~, The primary issues were density and PER ORDINANCE NS-3, SECTION 7. intensity, but the Commission was also (c), ARTICLE 16 AND ORDINANCE concerned with emergency access, flood NS-60.8. easement, parking spaces, and noise control. Councilmember Jensen asked about road standardS, accessibility, and procedural .' matters. Planning Director replied ~ that all roads were private, which is consistent with policy. Public Hearing had been held at the Planning Commis-'_ sion level; specific plan for the site is not required.. Councilmember Jensen expressed her opinion that in adcordance with the GeneEal Plan, public hearings should be held both before'the. Planning Commission and the City Council in order that the Council participate in planning. City Attorney stated that the ordinance required public hearings before the AGENDA .ACTION Planning Commission, but did not requir~ iCouncil hearings. On appeal, there is :a~'2 choice between a de novo hearing and a hearing based'upon Whether there is a substantial evidence for the Planning Commission decision. : Concerning the General Plan, he said : that the footnote imposing public hearings at the Planning Commission and City Council levels could be interpretec z in various ways, but the intent could be accomplished by continuing this matter with a hearing de novo. If the Council feels that findings are correct, the matter could be considered tonight. The Public Hearing was opened. The~ap~llant~!~Ed"Mea~h~.~'e~plained?~i. ~ that"his :~app~al~:~waS~ba~'ed~!bh~hi~c/ b~i~f-~hat' the: prOject WaS~n6t don~ ~'s t~nt~'w~h -~the7 G~nera~:'. Amoh~ ':o~h'er' ~hing~'~ 'he:~be~iev~d':it~ was 'too'~dense'~=:~=~l'an~i~,D~eCtor~:~:~ g~ve=.the': e~act':bfigure's. Kenneth Bryant, attorney for Saratoga Foothills, said that the Council was not a fact-finding body, but:was there to review the findings of the Planning Commission. Ron Tripiano, Project Manager, gave revised site coverage and density stating that the Planning Commission had been awareof the higher dehsity but had nevertheless approved the pro- ject to encourage smaller units for people such as seniors, single women, and young families. Mr. Tripiano !stated that the Water District would ~have to review the plans before a decision could be made. Herbert Knuf~&?~ stated his opposition to anything bein~ built on the easement. :, Planning D~re6tor noted'that the Water District will not permit structures on the easement. ~ ADdy ~everett, representing the Senior Citizens Coordinating Council, spoke for the project, saying that the City Should follow a balanced policy allowing a few select multi-unit projects rather ~ than following an elitist policy. Muriel Mark spoke in favor of the pro- ject as a means of providing housing for senior citizens and young families. AGENDA ACTION Jo~nne Rouse, 1'-23-3.~5 'Ar~yo~'d~ ~rgueilo, spoke. for'the project and said that it would improve the area .a.s long. as the oak trees were left in.,pla'~e.~ Fred Rouse, ~-23.3'6r~ Arroyo Arguello, spoke in favor of the projL~ct saying that the owner should be' ~ble to decide the use of the land. -: Mildred Gordon spoke in favor Of'the development and said that residential use was best for that land. Mr. Correia spoke for his project. The Public 'Hearin.g was closed. City Attorney stated that four issues were on appeal. The Council could either determine whether the evidence presented to the Planning Commission substantieated their findings on those issues or 6hey could hold a de novo hea~ing to hear all the issues that came before the Planning Co~ission. Councilmeters Clevenger, WaEson and Jensen expr.essed their desire to hold " a de novo hearing. Councilmember Watson mentioned that he was concerned about conformity with the General' Plan and had heard from many constituents about density - questions. . · Mr. Bryant pointed out that the Council could overrule the Planning Co~ission by making findings and expressed his opinion that the appeal should be considered an appeal from a tentative map. Mayor Callon stated that the project was being appealed as a pro- ject; Planning Director stated that the use permit is' the critical factor in that it controls the density. JenSen/Clevenger moved that this matter be set for a de novo hearing on October 15, 1980. Passed 3-1 (Callon opposed) . Mr. Bryan stated that the date was agreeable to him. Retu~ to It~ ~. A.) The Council ~hen returned to Item IV A. · ~ Council and staff di-scussed the issues which centered on the suitability of the site for a septic tank. Councilme~er: Jensen expressed h~r desire to have detailed information on the proposed septic tank before approving the exemp- tion. City attorney pointed out that ~ ~ .7 )/17/80 ~,~ ~, ~ -' .! AGENDA ACTION what was before the Council was the issue of a hardship exemption and'that conditions could not be imposed at this point. By consensus, Council agreed to continue.the Public Hearing to 10/1. IV'~ PETITIONS, ORDINANCES & RESOLUTIONS Mayor Callon inquired as to whether the (Continued) federal government could force a pro- ject on the City under this agreement. B.! RECEIPT OF FUNDING UNDER THE City Attorney stated that the agreement HOUSING.,~COMMUN~.TY~DEVE~OPMENT~ ~does not require any specific action on ACT anything. Isao Kobashi, Program Manager for HCD, spoke. in favor of the agreement.. He did not know of any cases where the County or HUD had forced public- .= assisted housing on a,Lcommdnity and did not think it possible. October 1 is the deadline for a decision. Councilmembers'discussed the issues. Watson/Jensen moved that a Public Hearing be set on this issue for September 30. Pass~ed unanimously. VI. BIDS AND CONTRACTS ClevengeryJense~ m~ved tO authorize call for.bids. Passed unanimously. A. AUTHORIZATION TO CALL FOR BIDS FOR STORM DRAIN WORK a. ~ankmill Road Drainage -,,~ b. Arroyo de ArguelloStorm 'Drain Swale VII. CONSENT CALENDAR $levenger/Jensen moved adoption of consent calendar and adoption of all ~-., ~ ..... ~'.,~ C71,~?~"~'~'1.,~ . items on it. Passed ~nanimously. A. TO DENY CLAIM OF M~Rk HANSEN Denial Approved. AGAINST THE CITY OF SARATOGA FO~ THE SUM OF $25,000. B. MODIFICATION TO RES. 780-8 RE:. Approved. FEES' : C. SDR 1311, GREGORY FOX, BOHLMAN° Approved. ROAD, CONSTRUCTION ACCEPTANCE B. TREASURER'S REPORT' Approved; -E.. CITY CLERK' FINANCIAL REPORT Approved. F. PAYMENT OF CLAIMS Approved. VIII. ADMINISTRATIVE MATTERS,.. MAYOR B. COUNCIL & 'COMMISSION REPORTS Councilmember Cl~vehger brought up the sub'ject of VITA'S request for waiver of ~ fees for use of the Civic Theater and AGENDA ., ACTION suggested "' that the group should be supported. The subject was discussed, but no action was taken. !. C. DEPARTMENT HEADS & OFFICERS 1. DIRECTOR PUBLIC WORKS a. Report re: Time limit Eontinued to October 1. parking in Village Parking District #1 (Cont'd from'9/3/80) b. Report re: Concernby Eontinued to 10/1~ Mr. Sherman re Video Engineering (Cont'd from 9/3/80) c. Report re: Proposed. rince S. Garrod, 22600 Mt. Eden Road, Pierce Road'Area Water spoke in favor of the proposed water Assessment D~strict ~di~tri~t~ Consensus.i.to~reaffirm!~ouncil's former decision on the matter. D.' CITY MANAGER t. REPORT RE: REQUESTOF MR. Jensen/Clevenger moved that sign not be ANDY BEVERETT RE: MAINTEN- replac&d; homeowners be responsible for ANCE AND LIABILITY OF LAND- maintenance; city look into possibility SCAPE MEDIAN'ENTRANCE TO of providing liability insurance; any ARROYO SARATOGA (Cont'd ~nsurancemoney received by City from' from 9/3/80) accident be returned to homeowners. - Passed unanimously. (3-0; Watson had left.) 2. Green Valley Disposal.. Clevenger/Jensen moved t'hat Green Valley Request (Added at Meeting) Disposal'have no limit on pickup. Passed un&nimously (3=0~ Watson had left). Jensen/Clevenger moved that staff write Green Valley: asking for adequate notice when changes are con- templated. Passed unanimously. (3-0; Watson hadleft.) 3. Council representative to Catlon/Clevenger mo~ed that represen- Water District. (Added at tative and alternate to the Water Meeting) District remain Councilmember Watson and Director of Public Works. Passed unanimously. IX. MEETING~W~S ADJOURNED AT 12:30 A.~. X. EXECUTIVE, SESSION ". Respectfully submitted, R?bert F. Beye