HomeMy WebLinkAbout03-04-1981 City Council Minutes MINUTES
SARATOGA CITY COUNCIL
TIME: Wednesday, March 4, 1981 - 7:30 p.m.
PLACE: City Council Chambers, 13777 Fruitvale Avenue, Saratoga
TYPE: Regular Meeting
AGENDA ACTION
RECEPTION FOR NEW CITY MANAGER - 6:30 p.mo-
Lobby of the Civic Theater
REGULAR MEETING
· I. ORGANIZATION
A. ROlL CALL - Councilmembers Clevengez All Present.
Jensen, Mallory, Watson and Mayor
Callon
B. MINbTES - 2/18/81 JSNSEN/CLEVENGER MOVED APPROVAL. Passed 5-0.
II. ~ICATIONS
Ao ORAL
B. WRITi'EN Referred to Manager.
Jensen/Watson moved to direct City Manager to
resolve problen of illegal fence on Fe~nster
property fWritten Communication #1 - Mr. & Mrs.
C. W. Neale), by taking appropriate steps to
move back fence and reduce its height. to
satisfaction of both parties and City within
reasonable period of time. Passed 5-0.
III. SUBDIVISIONS, BUILDING SITES, ZONING
REQUESTS
A. BUILDING SITE APPROVAL - QUITO/ ?tanning Director reviewed staff report and
SARATOGA CENTER explained staff interpretations of City Cede
.. requirements concerning setbacks when areas
1. Resolution No. 1472-02 adjoining or across street frc~n a given site are
in a given zone. ~'He .s,t~fed his 'belie"f..
that~i the.':prop6sed .~fiha'~l' map ~wa~ in-I'~on~~
form~anc~- 'Wi~th'.~the'. iintentT; Of~ ~thl~: ~rdi'-
na~ce'~j~
City At~_orney explained that the Council had
three issues to determine: whether the final
map confolqred to the tentative map; whether the
conditions of the tentative map approval had been
satisfied; whether the final map conformed with
Zity ordinau~ces. No further action could be
$ouncilmember Watson stated his concern with
large buildings close to the street. He said
the zoning ordinance should be reviewed because
its ~ite~ia allowed ~uCh a building as 'that
proposed. He felt the review deserved high
)riority.
~0un~iJ~ J_enseD .Stated+ her ~etief that-~he
pr.0po~ed ~_uilding did not meet. the?OrdinanceZs
,criteri~ and.~ explained ~her. interprethtion ~0f the
~rdin~nc& "~' ~etb~Ck ~requir~a~nts.
2-3/4/81
AGENDA ACTION
City Manager noted instances of ambiguity in
the zoning ordinance, and City Attorney
agreed that conflicts existed. F~DrcoVer, he
pointed out that procedure in recent years
had not been in accord with code requirements.
Intent of the Cede, he believed, was to have
map approved by one agency at one level end
by another agency at a higher level. Instead,
approval by the Council was now a ministerial
act rather than a discretionary approval. He
reco~nended that the developer be asked if he
were agreeable to the Council's reviewing the
final map.
Arthur Shelton, President of Quito-Saratoga
Center, Inc. spoke in favor of approval of
the final map and. expressed confidence that
the Council would follow his interpretation z
of L the law.
City Attorney noted that the Council needed
to make findings only if the map were not
in conformity with the ordinance.
Mayor Callon expressed her concern about the
size of the proposed building and its proxi-
mity to the curb. She felt a change in the
ordinance which would increase the setback
requirerents was needed.
Consensus to ask the Planning Ccamission to
review the problems with inadequate setbacks
end other things that are deemed to be pro-
blems in cc~mercial, multi-family and resi-
dential projects such as those at the corner
of Kirkmont and Saratoga-Sunnyvale NDad, the
Campbell-Cage-property, and the housing
~etwean Cox and Azule on the south side of
Saratoga~Surmyvale Road with the intent that
they look at these problems, determine what
is the problem, why it occurred, what
caused it to occur, and how we can prevent
such problems frown occurring in the future,
if they also feel they are problems; followin{
this a joint study session is to be' held with
the Council and Conmission to review their
findings.
Consensus that the Council convey to those
involved with the granting of variances its
concern about any granting of variances while
setbacks are being reviewed.
Councilmember Clevenger objected to the
Council's being in the position of being
forced to approve a final map. Since there
were apparently no pending projects involving
z possible setbacksproblems, she felt this
· ~ ~RDUld be a good time t'o examine the problem.
CounciLmember Jensen noted that the grant of
a height variance for the proposed project
3-3/4~81
AGENDA ACTION
demonstrated that the Council had not had
cooperation with its goals. She believed
residents would be disturbed at the height
of the building after its construction.
MALLOF~f/WATSON NDVED TO F[~KE FINDINGS THAT
FINAL MAP AND TENTATIVE MAP ARE IN CONFOR-
MITY WITH CITY ORDINANCES AND THAT CONDI~rGNS
OF T~NTATIVE MAP HAVE BEEN SATISFIED AND TO
ADOPT RESOLUTIGN NO. 1472-02. Passed 3-2.
(Jensen, Clevenger opposed).
Council directed Manager to address the
issues of setback requirements and a defi-
nition of the final map procedure and report
back to Council with recomendations.
IV. PETITIONS, ORDINANCES & RESOLUTIGNS
A. APPLICATION BY MR. & MRS. ~II.RN DON FOR Jensen (no second) moved approval of Resolu-
THE GRANT OF AN EXCEPTICN FI~OM ~HE IN- tion 984, with amendments indicating that
TERIM RESTRICTIONS IMPOSED BY THE ! there is Uncertainty with respect to section
INITIATIVE ORDINANCE ADOPTED BY THE 4C and that Sig~ificint~geologid hazardS~
VOTERS IN AN ~ION HEI,D ON e~ist on-.thef.site. ~F~ite~ .3.=2~(Catlon,l
APRIL 8, 1980. ~ C~even~r, ~llory opposed).
1. t~solution No. 984 Mallory (no second) moved approval of Reso-
lution with amendments indicating that there
I is extreme hardship but that other c~iteria,
including density, are not satisfied. Failed
1-4 (Callon, Clevenger, Jensen, Watson
opposed).
Mallory/Watson moved adoption of Resolution
984. Failed 2-3 (Callon, Clevenger, Jensen
opposed).
~t,RVENGER/~,[IiLOP~v .~DVF~D ADOPTION OF Fd~q(jLU-
T~ON 984. Passed f3-2 (Cailon/Jensen opposed~).
B. PETITION RELATIVE TO THE ABANDONMENT JENSEN/WATSON FOVED TO REFER TO MANAGER WITH
OF PEDESTRIAN/EQUESTRIAN WALKWAY EASE- DIRECTION TO RETURN REPOIIF TO COUNCIL
MENT, TRACT 5164 ANALYZING'REQUEST AND PRDVIDING INFORMATION
ON CONSEQUt~CES OF PROPOSED ACTION.
Passed 5-0.
V. PUBLIC HEARINGS
A. APPLICATION BY MR. RALPH MARES FOR THE. The public hearing was re-opened. No one
GRANT OF AN EXC~:FfION FI~gM THE INTERIM appearing to speak, it was continued to
RESTRICTIONS IMPOSED BY THE INITIATIVE 3/18.
ORDINANCE ADOPTED BY THE VOTERS IN AN 2
RLRCTION ~FI.D ON APRIL 8, 1980 (to be '. Councilmember Jensen asked for written
continued to 3/18 at request of appli- documentation that the site had been annexed
cant) at the next meeting.
VI. BIDS AND CONTRACTS NONE
VII. CONSP1WT CALENDAR Clevenger requested' ~rermo~al'~0f~ C;
E;.'.Watso~ Of F.I '~ 'CLEVENGF~R2~NATSON ~DVED?
APPROVAE ~ ADOPTION OF
~ Passed 5-0.
4-3/4/81
AGENDA ACTION
A. RFI.FASE OF IMPRDVEMMqT BOND, TRACT 6731 ~ APPRDVED.
(Gerald Butler, Vickery Avenue)
B. 'STATE HISTORICAL BUILDING CODE ADOPTED.
1. Resolution No. 997
C. CONVERSION OF STReeT LIGMTS CounciLmember Jensen agreed with Council-
member Clevenger's concern with the harsh
glare of the proposed street lights. Mayor
Callon noted the cost- and energy-saving
features of the conversion. City Manager
pointed out that intensity of the- lights
and placement could affect reactions to the
light. Director of Public Works noted that
the existing hardware would be used for the
new lights.
MALLORY/WATSON MOVED TO CONVERT STRUT
LIGHTS FROM ~2~CURY VAPOR TO HIGH P~ESSURE
SODIUM AS DEFINED IN 2/25 STAFF REPORt.
Passed 4-1 (Jensen opposed).
D. ACCEPTANCE OF DONATION TO I~IBRARY APPROVED.
E. AGR~]MMENTS B~ J. WAYNE DERNETZ AND Continued to 3/18.
CITY OF SARATOGA FOR SERVICES AS CONTRACT
. ? '(CITY MANAGER POSITION)
F. RESOLUTION COMMMqDING DAVID WYAND CALLCN/MALLORY MOVED ADOPTION OF RESOLLEFION
998. Passed 5-0. Resolution will be re-
1. Resolution No. 998 typed and presented at a later time.
G. PA~ OF CLAIMS APPROVED.'
VIII. AE~LINISTRATIVE MA~TERS
A. MAYOR CLEVENGER/MALLORY NDVED TO DIRECT STAFF TO
PREPARE RESOLUTION 1001 COMMENDING MILDRED
GOPdDON AS CITIZEN OF THE YEAR AND ADOPTION
OF THIS RESOLUTION. Passed 5-0.
William Clark, 19404 Shubert, addressed the
Council, stating that he did not wish to
widen Walnut Avenue to the full 12' which
had been required by the City in connection
with his development.
Consensus to d~rect City Manager to follow
issue of Heritage Lanes; Clark should apply
for final site approval; if Heritage Lane
issue is not resolved when approval expires,
Clark should request extension.
B. COUNCIL & COMMISSION REFORTS CLEVtlqGER/WATSON MOVED APPOINTMENT OF ANNIE
AIRD TO ACCEPT RESPONSIBILITY FOR PLANNING
AREA I ON GENERAL PLAN CITIZENS ADVISORY
COMMITTEE AS A RESULT OF JOHN ARING'S
RESIGNATION. Passed 4-1 (Callon opposed).
Mayor Callon expressed her objections to the
process foilovid in making the appointment.
5-3/4/81
AGENDA ACTION
WATSON/MAlLORY ~DVED TOi APP.~D~ 'LIFT' OF
PA~RKING BAN ON 1Y~RBA SANTA COUP~ FOR THREE
HOURS ON MARCH 18, AJlTM REQUEST OF MRS.
CARDLYN LEWIS. Passed 5-0.
Consensus to agendize election fraud issue
at regular Council meeting (April 1).
Council discussed need for joint tour of
park facilities with parks and Recreation
Con~ssion and agreed to meet with them 3/14
at 9:00 a.m.
City Manager was directed to arrange Library
tour for Council with Library Commission.
1. Announc~nent of Appointments of Par,ks Richard Vallone (longer term) and John
Recreation Commissioners Saanders (shorter term) appointed.
2. Announc~n~ent',(~f ~ppointments ,6f Marilyn Kanemura (longer tezm) and Patricia
Library C~m~ssioners Mahler (shorter term) appointed.
3. Reservations and Use Policy - Wild- WATSON/MALLORY MOVED TO ACCEPT STAFF RECOM-
wood Park. F~qDATIONS ~N RESERVATIONS AND USE POLICY.'
Passed 5-01
4. Composition of Land Developsent JENSEN MDVED ADOPTION OF OPTION #1 DESCRIBED
Corm~ittee IN 2/26 STAFF REPORt, WITH PLANNING ~SSION
EN~OURAGFJ) TO HOID MEETINGS IN EVENINGS TO
Al,lf~q GREATEST PUBLIC PARTICIPATION. Passed
5-0.
Council requested Planning Con]nission to
examine possibi$ity of streamlining re-
modeling approval procedures.
C. DEPA~D~i~NT HEADS & OFFICEHS
1. Planning Director
a. Adult Entertainment Facilities JSNSEN/MALIORY MOVED TO ADOPT OFTION #1, OF
(Continued from 2/18) 2/12 STAFF REPORT INDICATING THAT THE
HIBITION COD BE MADE MORE SPECIFIC BY
DEFINING ADULT ENTERTAINMENT FACILITIES AND
STATING THAT THESE USES ARE EXPRESSLY PRO-
HIBITED IN THE CITY AND TO DIRECT CITY
ATIDRNEY TO DRAFT ORDINANCE FOR COUNCIL CY]N-
SIDERATION INCORPORATING ADDITIONAL Pt~0VISIONS
OF MODEL ORDINANCE PRDVIDED BY ~ IN
ACCORDANCE WITH OFTION #1 AND CONSISTENT WITH
OTHER PNDVISIONS OF THE CITY CODE. Passed 5-0.
b.AB 2853, Housing Element of the Set for Study Session 4/7.
General Plan
2. Director of Public Works
a. Acceptance of Dedication, SDR Continued to 4/1.
1387 and SDR 1388
Resolution NO. 1000
6-3/4/81
AGENDA ACTION
2. Director of CC~mhnity Services
a. A~ditional Backstop Fencing MALLORY/WATSON MDVED APPNDVAL OF ADDITIONAL
for Congress Springs Park BACKSTOP FENCING AS DESCRIBED IN 2/27
STAFF REPORt. Passed 5-0.
D. CITY MANAGER
IX. ADJOURNMENT - 12:00 or earlier Adjourned to Executive Session
EXECUTIVE SESSION - Personnel and Litigation
Respectfully submitted,
Grace E. Cory
Acting City Clerk