HomeMy WebLinkAbout03-18-1981 City Council Minutes MINLrfES
SARATOGA 'CITY COUNCIL
TIME: Wednesday, March l8, 1981 - 7:30 p.m.
PLACE: Council Chambers, Saratoga City Offices, 13777 Fruitvale, Saratoga
TYPE: Regular Meeting
AGENDA ACTI ON
I. ORGANIZATION
A. ROLL CAlL - CounciLmembers Clevenger, All present.
Jensen, Mallory, Watson, MayOr Callon
B. MINU1F~ - 3/2; 3/4 MAILORY/CIEVt~GER MOVED APPROVAL AND ADOPTION
WITH AMENDMENTS NOTED BELOW AS TO 3/4 MINLrfES.
Passed 5-0.
Iten II.B. Added direction that manager should
take appropriate steps to move fence back and
reduce height.
Ite~n III.A. Mallory's suggestion to refer
setback problens to Planning Cc~amission cor-
rected to show consensus and made more specific.
Item IV.A. Added motions that f~led ~to pass.
Item VIII.C.i.a. Added explanation of the
natare of Option #1.
II. COMMUNICATIONS
A. ORAL
MAI~ORY/WATSON MOVED. TO..OPPOSE SB 314 .(Dills)
~EGtSt~XDRS- AND C~rtC-I GROUPS. passed- 4~-l-
(Jansen opposed).
CFANGE' IN ORO .~: 29 SUCH~ THaT ~ UNSECONDED~'~]~IONS
N~O-NC~BE~VCYl~D~UPON;:~*AS;~-:ROLICY, UNSECONDED
~D~IONS TO BE WI~HDPj~N.
ITI. SUBDIVISIONS, BUILDING SITES, ZONING RE~.UESTS None.
IV. PETITTONS, ORDINZ~NCES, AND RESOLUTIONS
A. REQUEST OF RESIDENTS OF ~nPJkC~ 5164 .FOR :' W~SON/ffE~qS~ YOVE~ ~Y] ~B~2N~ON FASE~fl~N~ BY
V~CATION AND 2~](]N~ER~ OF PEDESTPSAN/ PASSING RESOLL~ON OF IN~i~ION TO DO SO
t~_UESTRIAN FASt~q~ (RES. 1002) AND S~TI'ING PUBLIC HEARING FOR
t 4/15 ~T 8:00 P,.H. Passed 3-2 (C~11on,
1. Res6lution 1002 ~'.l~l'~r~?~'~eed).
Mayor Callon explained that she opposed the
resolution ~ecause she felt Lhat trails were
a General Plan issue. She favored denyin9 the
residents' reques~ with the prc~ise that the
issue would ~e resolved as soon as pessible.
Coancilmember Mallory s~ted his opposition to
the resolution because of his ~elief' that the
issue of ~rails was a very 1raperrant o~e which
needed ~o be considered thoroughly by ~he
General Plan Citizens Advisory Ccgrait~ee.
2-3/18/81
AGENDA ACTION
B. REMOVAL OF PARKING ON NORTHWEST Assistan.tT:Public Works Director
SIDE OF SCOTiAND DRIVE BETWEEN reviewed staff report and noted that
SARATOGA AVENUE & 'SARATOGA CREEK Mo[or Vehicle Code requirements are m
: that' no-parking areas must be indi-
1. Resolution No. MV~143 cated either by upright signsor
curbs painted red. Council discussed
effect of signs and curb-painting on
appearance of area. Mayor Callon
noted that few cars usually park in
area; Councilmember Watson agreed.
Councilmember 'Mallory expressed his
concern that parking regulations be
administered consistently and properly.
Mallory/Clevenger moved to implement
bike path, leaving form of implemen-
tation-to staff towork out with
neighbors. Failed 2~3 (Callon, Jensen,
Watson opposed).
JENSEN/WATSO'N MOVED'TO ADOPT RES. NO.
MV 143 WITH PROVISION THAT BIKE LANE
BE INDICATED BY WHITE PAINT ON STREET
ONLY AND NO CURB PAINTING OR UPRIGHT
SIGNS BE USED; THAT THE HOMEOWNERS BE
NOTIFIED OF PARKING RESTRICTION; AND
THAT'ISSUE RETURN TO COUNCIL AFTER
SIX MONTHS. Passed 3-2 (Mallory,
Cl~Venger opposed).
V. PUBLIC HEARINGS - 8~00 p.m.
A. APPLICATION BY MR. RALPH MARES JENSEN/MALL6RY M6VED TO CONTINUE TO
FOR THE GRANT OF AN' EXCEPTION. SECOND PUBLIC HEARING AT MEETING OF
FROM THE INTERIM RESTRICTIONS APRIL-i~ APPLICANT DIRECTED TO PRO-
IMPOSED BY THE INITIATVE ORDI- VIDE FURTHER ,INFORMATION CONCERNING
NANCE ADOPTED BY THE VOTERS IN ~ HARDSHIP ~CIRCUMSTANCES.'
AN ELECTION HELD ON APRIL 8, ~
1980 (continued from 3/4) ....
B. APPEAL OF CONDITION NO. V.D. OF ~lanning Directoy reviewed staff re-
LAND DEVELOPMENT COMMITTEE DE- port and explained options available
CISION REQUIRING EXTENSION OF to Council. Fire Chief Ernie Kraule
WATER MAIN ON SDR 1481 (Wesley stated that swimming pools could be
Behel, Appellant) considered a secondary water source,
but not as a primary source because
there was no guarantee they would be
full when needed. Moreover, it is
difficult to get the ~equired heavy
equipment close enough'to the swimming
pool to use the water. He explained
the water flow requirements for
adjacent .homes,built before current
regulations took effect and for other
nearby homes.
The Public Hearing was closed.
Richard Lane, an employee of Kirkeby
and Associates,'spoke on behalf of
the appellant. He noted that the
proposed water l~ne would benefit
other parcels, but that it would be
paid.forby his client.
3-3/18/81
AGENDA ACTION
No one else appearing to speak, the
Public 'Hearing was closed.
In response to Mayor Callon, City
Attorney' stated that an assessment
district could not be set up to
include other homes bei.ng benefitted
by the new line.
JENSEN/MALLORY MOVED TO UPHOLD
DECISION OF LAND DEVELOPMENT COMMITTEE
WITH PROVISION THAT A REIMBURSEMENT
AGREEMENT BE PREPARED BY STAFF SUCH
THAT IF DEVELOPMENT OCCURS IN THE
AREA THOSE WHO ARE BENEFITTED BY .'
WATER MAIN EXTENSION REIMBURSE THE
PROPERTY OWNER ON SDR 1481. Passed
5-0.
Councilmember Watson stated that he
supported the motion reluctantly and
wished to place the issue on a
future study session.
Note: Item V.C. was delayed until
after the arrival of the appellant's
attorney, but is recorded in sbquence
qf-~ge~..d.a f~or ppi~pos. e~.~f~th.e minutes.
C. APPEAL OF PLANNING COMMISSION ~ Planning Director reviewed staff
DECISION RELATIVE TO THE USE OF. report. Councilmember Mallory
AN AWNING IN FRONT OF FANCY commented that he felt the neon signs
FOLK STORE, 12241 Saratoga- in the= area were more offensive than
Sunnyvale Road (Phyllis stiles, the awning in question.
Appellant
The Public Hearing was opened.
Frank Crist, attorney for the' ~
appellaht, spoke for the appeal,
stating that the awning was an im-
pro~zement and that the main objection
to it was merely that the color was
orange. Planning Directo~ stated
that the color was immaterial; the
Planning Commission was simply
following the established d. esign
review, which prohlibited individual-
ized features.
The Public Hearing was closed.
Council and staff discussed respon-
sibility for design changes, and
Councilmember Mallory stated that
there should be management control
and direction over the property by
the owner. Mayor Callon noted that
the owner is responsible at the
initial design review but the tenant
is the party for whom the change
would become an issue.
Councilmember Watson spoke against
too much ~niformity, -believing that
it res~Its-.'~n ~blandnes~..
4-3/18/81
· AGENDA IACTION
Councilmembers disc'usSed the process
and agreed that this was~a situation
where it was p~op.erl...~ to make a
decision based oh t~eir 6wn judg=-
men~t of'.the case. Mrs~.z~Sti~eSe.?c
stated that the handicapped walkway
is safer because of the way the'
canopy is mounted on posts near the
curb.. In answer to Councilmember
Clevenger, she stated that it does
not disturb wheelchair access.. In
answer. to Mayor Callon, she replied
that an illegal sign to the side had
been removed. Councilmember Mallory
stated that the property owner should
exercise more administrative 'control
over the center to deal with debris
near th~ pizza parlors.
WATSON/JENSEN MOVED TO OVERTURN THE
DECISION OF THE PLANNING COMMISSION
AND GRANT TNE APPEAL TO ALLOW THE
AWNING. Passed 5=0.
D. NUISANCE ABATEMENT: CONSiDERA~ Planning Director reviewed staff
TION OF VIOLATIONS OF MUNICIPA~ report. He stated that~.~l~hough!~'Dr.
CODE SECTIONS 15.6, 15~7, AND .~ Abrams.' letter had mentioned that
15.8 UNDER AUTHORITY OF MUNICI- the City was to remove materials,
PAL CODE SECTION 1-7.4-1', the Community Gardens was actually
SOUTHERN CORNER OF INTERSECTION the agency which was to do so.
OF COX.AND SARATOGA AVENUES
(APN 391-14-22, Isaac .N. Abrams) Dr. Abrams stated that he had
received permission to dispose of
i the materials. He believed that
two or three weeks would be required
to disassemble the structures and
that Green Valley Disposal would
need one week's notice to move their
bins into the area. Councilmember
Watson felt that the agreement was
equitable but that time was very
important.
The Public Hearing was opened.
Mrs. Smythe, 19642 Charter Oaks,
urged the Council to place a time
limit on the removal of debris,
particularly a refrigerator and
mattress on the grounds.'
Councilmember Watson stated that Dr.
Abrams should proceed with the clean-
up work which can be done'while
waiting for the buildings to be
disassembled.
A letter from James G. Russell,
12776 SaratOga Glen Court, was into-
duced. The letter urged that the
property in question be cleaned up.
The Public Hearing was closed.
5-3/18/81
AGENDA . . ' ACTION
Dr. Abrams' stated that he .Would begin
cleaning the corner area right away.
MALLORY/WATSON MOVED TO. SET APRIL 22.
AS DATE 'BY WHICH STRUCTURES MUST BE
REMOVED; TO DIRECT STAI~F TO TAKE
NECESSARY ACTION TO PLACE A LIEN ON
THE PROPERTY IF THE DEADLINE IS NOT
MET WITH THE PROVISION THAT WORK TO
CLEAN UP DEBRIS NEAR CORNER, INCLUDING
MATTRESS AND REFRIGERATOR, MUST BE
COMPLETED IN TWO WEEKS. Passed 5-0.
VI. BIDS &CONTRACTS NONE
VII. CONSENT CALENDAR WATSON REMOVED A. CLEVENGER/WATSON
MOVED APPROVAL AND ADOPTION OF ITEMS
B-F. Passed 4-0. (-Jensen absent).
A. AGREEMENT BETWEEN J. WAYNE ~W_~ITSON/_.MALLORY MOVED TO ACtEFT AGRF~MENT.
DERNETZ AND CITY OF SARATOGA FOR Passed 5-0.
SERVICES AS CONTRACT EMPLOYEE
AND AS FULL-TIME EMPLOYEE (CITY
MANAGER POSITION)~ (continued
from 3/4 )
B. ACCEPTANCE OF WORK AND ~'ILING APPROVED.
OF NOTICE OF COMPLETION - VILLAGE
PARKING DISTRICT #4
C. CONSTRUCTION ACCEPTANCE, TRACT APPROVED.
6531, Mendelsohn Lane (Nino Galll
D. SITE APPROVAL, SDR 1219, KITT- APPROVED.
RIDGE ROAD (Lou Leardini)
E. REQUEST FOR .EXTENSION OF BUILDIN( APPROVED~
SITE IMPROVEMENT AGREEMENT, SDR
1259, Pike Road (Joseph Politi)
F. PAYMENT OF CLAIMS APPROVED.
VIII.. ADMINISTRATIVE MATTERS
· ' ' "" 'y r 'b~o~ght up p~ssibility of banning ~rking
A. MAYOR Ma o
on portion of Glenbrae near Little League
· . ' . .L. -~ -.: ..2- .-..... o baseball diamond for safety reasons. Consensus
to direct staff to prepare resolution to do so.
~..~ .i -
B. COUNCIL AND ~SSION .REPORTS ...... ;~._ j.
Clevenger: Housing & Conmunity Development Presented~-report.
General Plan Advisory Cc~mittee Presented report, including informati0~ that
two repres.enta~ives had resigned. Consensus
to appoint replacements at adjourned .reqular
'meeting 3/24.
Jensen: Sunnyvale Spraying Ordinance WATSON/MALLORY MOVED TO REAFFIRM COUNCIL'S
POSITION THAT AERIAL SPRAYING OF MALATHION IS
PROHIBITPiP UNTIL AFTER DECISION IS MADE AT
· · PUBLIC HEARING WITH TWO WEEKS' NOTICE; ATIDRNEY
DIREUIED TO PREPARE ORDINANCE SIMILAR TO
SUNNYVALE'S IN CASE OF NEED. Passed 5-0.
Sewage Treatr~ent Plant Aqre~nent.:+ Presented report.
Planning Ccunission Meeting Presented report; consensus to agendize
'..draft.urgenCy two-story ordinance 4/1.
League of Cal. Cities Meeting 2/26 Presented report.
6-3/18/81
A~GENDA ACTION
Mallory: Parks and Recreation Cc~nission Presented report; consensus to direct Mallory
to balance Cc~mission's concerns by placing
more emphasis on recreation portion of
responsibility; study session to be set
on this matter.
C. DEPARTMENT HEADS AND OFFICERS
1. Director Of Cut,uunity Services
a. Response to Inquiry of Saratqg, a Presented report. Staff directed to 'ensure
Rotary Club - Request for Sign response-~is made to Ar~rew Beverett's
at Blaney Plaza. inquiry on Arroyo Saratoga Sign.
b. Final Report on Medfly Program !Presented report.
(no action required)
RECESS TO LITIGATION SESSION UPON REQUEST OF Recessed at 11:00 p.m.
CITY ATTORNEY
IX. ADJOURN TO EXECUTIVE SESSION AT 7:30 P.M.,~
MARCH 24, 1981, IN CRISP CONFERENCE ROOM
(Executive Session to be followed by
regular work session of the Council. ) Respectfully suk~itted,
Grace E. Cory
Acting City Clerk