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Home My WebLink About12-03-1980 City Council Minutes MINUTE~S SARATOGA CITY COUNCIL TIE: Wednesday, December 3, 1980 PLACE: Saratoga City Council ChamberS, 13777 Frditvale Avenue, Saratoga TYPE: Executive Session - Litigation - 6:30 p.m~ Regular Meeting - ~30 p.m. AGENDA ACTION I. ORGANIZATION A. ROLL CALL ' Councilmembers Clevenger, Jensen, -.. Mallory, Watson, Mayor Callon - · ' ' All Present B. MINUTES - 11/19/80 Adopted 5-0, with addition of "three .feet" in conditions of'permit granted .. to Donielsen II. COMMUNICATIONS A. ORAL B. WRITTEN - III. SUBDI~ISIONS,.BUILDING·SITES, None ZONING REQUESTS ... IV. PETITIONS, ORDINANCES & RESOLUTIONSr None V. PUBLIC HEARINGS A. CONSIDERATION OF VACATION AND Director of Public Works explained ABANDONMENT OF A'PORTION OF ALOHA AVENUE -~'-1979 the.d~veiopm~nt of the south corner of the area and approved modi- 1. ResOlut.ion No'~'.976.'1 fications to restrict movement to .~ ~'11o~ ~ight ·turns only onto Aloha. ? ~ His.opinibn Qas~tha~ this should be '··. - approved conditional on the finali- zation of development of the southerly The PublicsHearing'was opened. No 'on~'-appearing~'t6 speak, the Public Hearing was closed. - -' " Jensen/Mallory moved to adopt Resolution 976.1, on eondition of the finalization of the deMelopment - .. -- of the southerly corner. Passed 5-0. B. PROPOSED ANNEXATIONS.OF - . · Acting City Manager stated that the SUNLAND-PARK_ present public hearing was required by LAFCO for the annexation process. 1. Resolution No'. 980 Planning Director explained that the purpose of the hearing was to initiate the protest process. Within 45 days '2-12/3/80" AGENDA ACTION after this res61utionis adopted; final action must be considered, then the matter is returned to LAECO. If the Council did not adopt this reso- lution, the Board offSupervisors would take over.th~ ~pplication. 'The conditions r~quired.by the City Were a part of the original application, but LAFCO did not think it appropriate to add them to its resolution. The Public Hearing was opened. Bob Saxe, attorney for the residents of Sunland Park, acknowledged that problems had apparently arisen concerning the conditions imposed by the City, but that there was no reason not to adopt the resolution setting {he Public Hearing. On the advice of Hal Toppel, Assistant City Attorney, Mr. Saxe recommended that conditions 2 and 3 of the resolution be changed to reflect that the City and the Sunland Park residents must reach an agreement on how the eOndi~ons.!~a~e{to .'betm~t.=before annexation;'the actual meeting of the conditions, however, could take l place after annexation' City Attorney noted that Mr. Saxe's suggestion was agreeable to him. In response.'to a question from' Councilmember Watson, he stated that he could prepare'a draft agreement for the next regular Council meeting. Jensen/Mallory moved approval of Resolution 980. with conditions 2 and 3 changed as'noted below. PaSsed 5-0~ 2. An arrangement satisfactory to the City relative to the improvement of McCoy Avenue'and Purdue Drive at no'expense'to the City must be agreed upon prior to annekation. 3. An agreement satisfactory to the City relative to~theItpossibl~,~ture improvement of Qu%t~ Rpad must be. 'agreed upon prior to annexation. j!l...:...~,.~..'.? Couneilmembe~'Ma~.lo~y'-emphasize~,that: he and the rest'.of the:CounCil,~-... expected all~the'~ondit~ons o!f the' resolution to be carried.through by the residents of Sunland~Park, par- ticularly the costs. 3-12/3/8'0 AGENDA ACTION C. APPEAL OF APPROVAL OF DESIGN Planning Director reviewed the REVIEW A-732, SINGLE FAMILY. history of this application,. which RESIDENCE ON CAMINO BARCO has been before the City for si~ (Ronald Haas) months. He noted that it does not fall under the urgency ordinance because the' slope is 14%. In the present design, the major differences are the reduction of height and square footage and the re-d~sign of the rear. Ernest T. Barco, ~gt01~C~mi~.'Bar~o,, stated that the grohndS'for his appeal were slope, size, and the fact that the house is two' stories. Councilmember 'Jensen"sai~'~h~t she~ preferred a de novo hearin~ so that other issues such as access could be considered. Planning'Director. pointed out that if the design were approved, Mr. Haas would still have to provide access-in ord~ to~obtain a building permit. City Attorney stated that the d~ive- · way issue was not a part of the appeal, so that if the Council wishes to discuss thatmatter, the hearing would have to be de novo. Col. Barco remarked that the driveway was part of his original appeal. Jensen/Clevenger moved that a de novo hearing on the appeal be held.~ Passed 3-2 (Callon, Mallory opposed). Jensen/Watson moved that the hearing be set for December 17.· Passed 5-0. Mayor Callon expressed her belief that the issues needed to be kept separate. Councilmember Clevenger .stated that all appeal hearings before the City Council should be de novo sO that discussion need not be limited. City Attorney explained-that the ordinance requires the Council to consider only the issues ~Rpe~ed-~so that the'parties~ay know what · ~ssues must be rebutted; any change in that procedure wouldrequi~e re- writing the ordinance. " 4-12/3/S0 ~GENDA ' ACTION D. CONSIDERATION OF-REQUEST IN Planning DireCtor stated that the ACCORDANCE WITH THE PROVISIONS applicant is requesting modifications OF MEASURE "A," INTERIM of an approved final map. RESTRICTIONS AS.RELATED TOI HARDSHIPCASES,.MR. & MRS.' In response to'Councilmember Jensen's " ALLEN DON (Tract 3943, Lot 12) ~es~.iqn~p'frebtor. of Inspection' (Cont'd from 11/19/80)- ~ Ser~i6es!said that %he area was not . part of a large ancien~ lapdslide, but that full geological analysis was ;:.!-.~eQ~red 5~fOr~, d~v~'lopment. He als0 - · .... noted that~ no~ ~a~ll.trees were avoided - : in the ~f~: . .r The Public Hearing was Opened- ~odger Griffin,~.19660 Junipero Way, .rep~e"senti~g ~i. D0n, stated that ': ..." the':Planning Commission had suggested " the adjustment of the property line. Although it comes under Measure A, it is an a~proved building site. The adjustment reduce~ the slope of the site, makes less grading necessary. eliminates most tree removal, and makes the home more solar efficient. · Further, Mr. Griffin stated that ' ' denial of the exemption would work " a hardship on the City by removal 6f some options with regard to roads. · In response to a question from. ':..'." Councilmember Watson, Mr. Griffin explained that the building can be '.' constructed on the steep slope because it. steps down the hill. Councilmember Jensen asked the previous slope~figures. Mr. Griffin replied that under the old proposal, slope at site of house was 46%, and it was now 43%. He said that the geology and soils report would be ready for the. next meeting. Jensen/Clevenger moved that the hearing be continued to December 17. Passed 5-0. VI."BIDS & CONTRACTS A.. CONTRACT CHANGE ORDER #2 - Mallory/Clevenger moved to accept - · EL QUITO AND WILDWOOD PARK contact change order #2. Passed 5-0. DEVELOPMENT PROJECTS VII. CONSENT CALENDAR " .A. PAYMENT OFCLAIMS~ Clevenger/Mallory moved to adopt and .,: approve consent calendar. Passed 5-0. 5-12/3/80 AGENDA ACTION VIII. ADMINISTRATIVE MATTERS A. MAYOR B. COUNCIl & 'COMMISSION REPORTS Clevenger/Watson moved to prohibit aerial spraying for extermin~t'i6nr~of fruit fly until'subsequent degision is made after public hearing is held on the issue. Passed 5-0. C. DEPARTMENT HEADS & OFFICERS 1. Director of Community Services a. 'Request of Lawrence Jensen/Maltory moved to accept Roe to purchase a recommendation of Parks and Recreation portion of Kevin COmmission. Passed 5-0. Moran Park 2.Director of Inspection Services a. Report re: Recon~i- Consensus to table. deration of Conditions by Fernando Hernandez, SDR 1326, RavenwoodDr. b. Final Report of ABAG Noted repprt. Consensus to schedule for 208 Program; Task 27'- study session 1/27/81. Erosion Control Plan for the Upper Calabazas Creek Watershed 3. Planning Director a. Determin&tion of Mallory/Watson moved to have one. Number of Members of member from each planning area. General Plan Citizens Passed 5-0. Consensus to add three Advisory Committee non-voting members. b. Response to Mr. BalbQnjiNo action re: Property on Camino Barco' D. CITY MANAGER 1. Report re: Planning Consensus to discuss procedures and Commission applicants questionnaire which is to be sent to applicants 'at l2/9 study session. IX. ADJOURNMENT Jensen/Mallory moved adjournment to litigation,s~ssion at 4:00, 12/11. Passed-5T0~ RespectfUlly submitted, Grace E. Cory Acting City Clerk