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Home My WebLink About01-07-1981 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, January 7, 1981 PLACE: Saratoga City Council ChamberS, 13777 Fruitvale Avenue, ~a~at~g~ TYPE: Executive Session - Litigation - 6:30 p.m. Regular Meeting - 7:30 p.m. ' AGENDA 'ACTION EXECUTIVE SESSION - Litigation REGULAR MEETING I. ORGANIZATION A. ROLL CALL Councilmembers.Cievenger, Jensen, M~llory, Watson, and Mayor Callon allpresent B. MINUTES 7/30 (7:30 meetingi!; JENSEN/MALLORY MOVED ADOPTION WITH 12/17; 12/18; 12/22 CORRECTIONS NOTED BELOW. Passed 5-0. 7/30, p. 3 "motor vehicle".~dd~d'~to '~7~Monia'5~'i'statement. p. 5 ."motorized traffic" changed ~!'l~t'Eai~"traffic" in motion. 12/17, p. 2."caused by" changed to "'evident from" in second paragraph. pj 5 "i~'~'shohld"Be~'se~-.f~'rther!~up hill, away from flooding' area" added; "apparently illegal" added (both in third paragraph). p.. 7 Paragraph Stating. Jensen's 'position on appeal. added. P. 9 "necessary"c~hanged-!~to "'safe" in third paragraph. II. COMMUNICATIONS A. ORAL B. WRITTEN IiI. SUBDIVISIONS, BUILDING. SITES, NONE ZONING REQUESTS IV. PETITIONS, ORDINANCES, AND _RESOLUTIONS A. RESOLUTION APPROVING THE' CLEVENGER/JENSEN ~OVED ADOPTION OF PRIORITY PLAN FOR EXPENDITUREr RESOLUTION NO. 982. Passed 5-0. OF ALLOCATION OF FUNDS TO THE COUNTY OF SANTA CLARA FOR PARK, BEACH, RECREATIONAL AND~ HISTORICAL PRESERVATION PURPOSES (California ParklandS Act of 1980) 1. Resolution No. 982 ~ ~- : 2-1/7/81 AGENDA ACTION B. RESOLUTION APPLYING FOR MALLORY/JENSEN MOVED ADOPTION OF APPLICATION OF GRANT FUNDS '. RESOLUTION NO. 983. Passed 5-0. (Solid Waste Management Act of 1980 - Litter Control Funds) 1. Resolution No. 983 C. CONSIDERATION OF REQUEST IN Continued to meeting. of January 2r,['1981. ACCORDANCE WITH THE PROVISIONS OF MEASURE "A," INTERIM ' ~, RESTRICTIONS AS RELATED TO HARDSHIP CASES, MR. & MRS. ' ALLEN DON (Tract 3943, Lot 12') 1. Resolution No. 984 V. PUBLIC HEARINGS A. APPEAL OF PLANNING COMMISSION'S Planning Director reviewed history DESIGN REVIEW APPROVAL OF of application, including the fact LANDSCAPING, TRAILS, RETAINING that the items under consideration WALLS, EUCALYPTUS GROVE TREAT.- had to receive design approval before MENT IN THE RIGHT OF WAY, the application could receive final TREATMENT OF EMERGENCY ACCESS~ map approval. ROAD AND BARRIER AND THE CROSSING OF PROSPECT CREEK FOR In answer to Councilmember Jensen, UNIT 2 OF TRACT 6526 (Parker Planning Director stated that no Ranch Subdivision), A-736. application for grading had been (Russell L. Crowther, Appellant made. Depending On the grading plan, ; There'~mightl~be!i'som~'/chahges in the d~s!ign. f: He'.~ls6 ~ stated 'thatr~. there.f -'.ma~; %'be' ~an. overlap between irrigation facilities and house sites, but that these were temporary irrigation facilities for the 'land- scaping- of the slopes. City Attorney explained that applicant could satisfy Measure A requirements either by ~bntin~in~ under the existing map but eliminating certain lots to reduce the density or by changing the map. 'Jim.-McKeehan, attorney for Blackwell Homes, stated his belief that Measure A was invalid and could not be used. to stop final map approval. He also stated that it was necessary to consider approvals based on standards in effect when the application was submitted. City Attorney noted that Blackwell Hdmes had completed only design review and that when they ~ reached the final map stage the legal situation would be examined. The Public Hearing was opened. Russell Crowther, 20788 Norada Court, .spoke as the.appellant. He stated his' three grounds for appeal: that 1/7/81 ACTION the tentative map was invalid because the'appeal of that map was not properly considered due to faulty instructions-from the City staff; that the tentative map,is inconsistent with Measure A, which prohibits land development appr0vals~ that no con- sideration had been given previously to scenic considerations, particularly in the placement of a row of eucalyptus. Bill Heiss, civil engineer for Black- well Homes, explained how the land- scaping plan had been developed, stating that scenic considerations had been taken into account. In response to Councilmember Clevenger, he stated that some of the landscape plan could be carried through if Measure A were upheld. Mayor Callon spoke in favor of putting in trails before the homes are built, and Mr. Heiss responded that the plan called for the trails to be constructed before the homes, as dedicated land, not as deferred improvement agreements. Louise Schaefer, a member of the Planning Commission, stated that the Planning Commission did discuss the - appearance of the site, although not specifically the row of eucalyptus. She also noted that attorneys had told the Commission that they had no choice but to pass the design review. City Attorney stated that the period of appeal on tentative map had expired, and that the only grounds for the appeal were based on the Planning Commission's approval of design review. Vince Garrod, 22600 Mt. Eden, spoke against the appeal as an adjacent property owner. The Public Hearing was closed. Councilmember Jensen moved that the Council uphold the appeal because there should be a bridge o~er th? creek instead of a culvert; scenic considerations were not sufficiently taken into account; the applicant was not in:.c6mpli'ap~wi~th~,'th~'G~nerat Plan; and the mix of vegetation in the landscaping plan was i~appropriate~ No~second. Motion failed 4~1. AGENDA ! ~ ACTION WATSON/MALLORY MOVED TO UPHOLD THE ~ DECISION OF THE PLANNING COMMISSION AND DENY THE APPEAL. Passed 4-1. ~ (Jensen opposed). B. PROPOSED ANNEXATION OF S~qLA~D Planning Director reviewed history PARK of proposed annexation, including the ~ fact that LAFCO had approved the addition of conditions concerning street improvements. i Bob Saxe, representing the Sunland Park Homeowners Association, suggested ~ that a sixth paragraph concerning ~ LAFCO's conditions be added to the '- , resolution~ The Public Hearing was opened. Greg Nellis, President of the Sunland Park Homeowners Association, presented the CoUncil with a cashier's check 'for $27,000 to' be used for the required street improvements, along With 147 s'igned deferred improvement agreements for further street improve- ments. .! Council congratulated Sunland Park residents on their achievements and discussed/with staff.various financial arrangements for the street improvements. The.Public Hearing was closed. CLEVENGER/JENSEN MOVED TO AMEND ~ RESOLUTION 985 TO CHANGE SECTION'~3; TO'~READ""'CONSIDERED TO BE SUFFICIENT" RATHER THAN "ESTI~IATED," AND TO ADD A .SECTION 6 %STAT]]qG "ALL CONDITIONS - IMPOSED BY LAFCO MUST.BE ME~ PRIOR -. TO ~UNE 3, 1981, AND CERTIFIED BY THE CITY TO THE EXECUTIVE OFFICER OF LAFCO~/' -P~ssed 5L0. VI. BIDS & CONTRACTS NONE VII, CONSENT CALENDAR JENSEN/MALLORY. M0~ED TO APPROVE AND ADOPT ALL ITEMS ON THE CONSENT <.f~i'.' CALENDAR. .Passed 5-0. A. DENIAL OF CLAIM FOR PERSONALz Denial-of ~laim approved. INJURIES OF CHESTER L. FULTON B. NOTICE OF COMPLETION. OF Approved. CONTRACT FOR~EL QUITOPARK ~ AND WILDWOOD PARE IMPROVEMENT PROJECTS C. PAYMENT OF CLAIMS i Approved. '~ ' 1/7/81 AGENDA ACTION VIII. ADMINISTRATIVE MATTERS A. MAYOR B. COUNCIL AND COMMISSION REPORTS 1. Report from SecretaryofZ CONSENSUS TO ADOPT STAFF RECOMMENDATION Parks and Recreation TO AUTHORIZE THE ACTING CITY CLERK TO Commission re: Vacancy on ADVERTISE FOR APPLICATIONS FOR'TWO Commission VACANCIES ON COMMISSION. C. DEPARTMENT HEADS & OFFICERS 1.Director of Community '. Services a. Report re: Medfly ~ JENSEN/MALLORY 'MOVED TO ADOPT STAFF Program RECOMMENDATIONS EXCEPT #6, AND DIRECT STAFF TOPREPARE URGENCY ORDINANCE MAKING FAILURE TO STRIP TREES A MISDEMEANOR. Passed 5-0. 2. Director of Public Works a. Report re: 'Saratoga' CALLON/CLEVENGER MOVED TO DIRECT Creek Bike Path STAFF TO IMPLEMENT WHATEVER SAFETY : MEASURES ARE REQUIRED, iNCLUDING A FENCE IF DESIRED. Passed 5-0. b. Report re: Village WATSON/MALLORY MOVED TO AUTHORIZE Parking District #4 STAFF TO EXECUTE AGREEMENT. Property Acquisition. Passed 5-0'. IX. ADJOURNMENT i ADJOURNMENT' - Consensus toadjournto executive session on litigation. Respectfully submitted, Grace E. Cqry Acting City Clerk