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HomeMy WebLinkAbout04-01-1981 City Council Minutes MINUTES SARATOGA CITy COUNCIL TIME: Wednesday, April _1, J9R1 - 7:30 p.m. ' ~ PLACE: City Council Chambers 13777 Rruitvale Avenue, ~arat'og~' TYPE: Regular Meeting AGENDA - ACTION I. ORGANIZATION A. ROLL CALL · Councilmembers Ctevenger, Jensen, Mallory, Watson, Mayor Callon - all present. B. MINUTES - 3/18; 3/24. Jensen/Mallory moved acceptance with corrections' noted below. Passed 5-0. 3/18 - Page l~-'~Vot~=o~ zSBI~3,14...issUe· Corrected ~to _4-1 (Jensen opposed) . Con~erhing~.OEdinance .29~I foll0~Ting sentence '=added a~- polic~'~!.unseconded motions to be withdrawn." Concerning. Item IV.~ A~, vote changed to Callon, Mallory opposed. 3/24 --Page 2 - Clevenger/Jensen motion removed. (Tape recording indicates that minutes were correct as submitted with respect_to motions on Items IV. B. and .V.C.) II. COMMUNICATIONS A. ORAL Consensus to direct staff to prepare report on intersecti6n in front of Prospect High School, where Dave Witherow, 2076 Colusa, .reported fatal traffic accident and to respond to Mr. Witherow as soon as possible. B. WRITTEN Consensus to agendize benefit assess- ments for flood control services (Written Communications #B). Consensus to direct ~t,af~ 'to respond to Johnston urging him to 'initiate General plan Amendment process (~ritten Communications #1 (Ac, tion) ). III. SUBDIVISIONS, BUILDING SITES, NONE '+ , '. ZONING REQUESTS 2-4/1/81 AGENDA ACTION IV. PETITIONS, ORDINANCES & RESOLUTIONS NONE V. PUBLIC HEARINGS ~ 8700 p.m. A. APPLICATION By MR. RALPH MARES Rl~nni.ng2z. Direct0r reViewed-Resolution FOR THE GRANT 0F AN EXCEPTION~ 956.1, which establishes criteria for FROM THE INTERIM.RESTRICTIONS hardship exception from the require- IMPOSED BY THE INITIATIVE ~ ments of Measure A. He noted that ORDINANCE ADOPTED BY THE VOTERS the Specific Plan isgxpected to be IN AN ELECTION HELD ON APRIL 8, complete,within 30 days, and tha~ 1980 (second hearing) plan involves much conditioning for storm drains and other requirements. ~ He expressed doubt that Mr. Mares could obtain final map approval because he cannot provide the re- quired 1,000 gallons per. minute fire flow.' The Public Hearing was opened. Ralph Mares, 22100 Mt. Eden, appeared to answer questions as the applicant. In response to Ma~.or .~a!lpn, herex~'. plained that he wished to apply for an exemption in order to proceed toward final map approval, even though the specific plan was soon to be adopted. He described his plan to provide 120,000 gallons of water pressure by means of four swimming pools to address the fire flow re- quirements. Mayor Callon pointed out that th~ fire .=chief had previously stated that swimming pools were not an acceptable means of providing fire flow. Mr. Mares responded that the proposed subdivision was a minor one which should be exempt. He also noted that he plans to install a computer home management syste~ which would ensure that the'swimming pools would always have enough water for fire flow purposes. Councilmember Mallory stated that any action takeh by the Council that night could not affect the final map approval, Since Mr. Mares could not obtain that approval. Director of Public Works noted that San Jose Water Works may bring water to the DiMartini property, but not in the immediate future. Mr. Mares explained that he wished to. obtain tentative or final map approval so that his property would be more salable. Mayor Callon asked how close Mr. Mares was to final map, and Director of Public Works stated that 3-4/~/81 AGENDA ACTION · he had not yet submitted any plans or mapS. City Attorney explained that Mr. Mar~s could lmove up to the final map approval stage without hardship exception, but not through that stage. Councilmember Clevenger expressed concern about the number of lots allowed, sayin~ that under HCRD ordinance,.four would be allowed and under Measure A, five would be allowed. She also noted that. pro- vision' needed to be made for geo- logical problems, since a fault traverses the.property, and a cliff is present on it. She felt that the geological hazards should affect the permitted density. The Public Hearing was closed. Councilmembers discussed their indi- vidual opinions as to whether to grant the exception in "accordance with the ~equlrements of Measure A. WATSON/JENSEN MOVED TO DIRECT STAFF TO PREPARE FINDINGS THAT DO NOT FIND H~RDSHIP. Passed 4-1.(Mallory opposed). B. APPEAL FROM PLANNING COMMISSION Planning Director reviewed staff l DECISION TO DENY1 APPLICATION TO report and noted that Council had SUBDIVIDE PROPERTY INT0 TWO recently granted a similar appeal LOTS, SDR 1484, Sobey Road (SDR 1468, Jacobsen). The rationale (Mr. & Mrs. Thompson, appellants) for that grant had been that the Jacobsens had pursued the possibility of a public road for access, and since they were unable to achieve this, the Council felt itself able : to make the necessary findings to grant the appeal... 'Mayor Callon noted the receipt~of two letters urging rejection of the appeal: Mr. & Mrs. Ghest,, 14900 Sobey Road, and Mr. & Mrs. Felix, 14908 Sobey Road. The Public Hearing was opened. John.Mallen, 19452 Via Real Drive, spoke as attorney for the ~ppeltants and submitted pho~og~aphs purporting to show the good condition of the access road, the fact that neighbors' views would not be impeded by building on the proposed lot. He stated that he knew of 18 minimum access roads serving mqre than four parcels. In comparing the "Thompson Road" ,ith. the "Jacobsen Road" he stated that ~he former was more level 4-4/1/81 AGENDA ACTION and straighter than the latter. Mr. Mallen felt that the intent of the ordinance Was to'ensure safe roadS' and to avoid the proliferatlon of substandard roads, ajdkthat this intent would not be endangered by the "Thompson Road." It"was his contention, moreover, that although there was a drainage problem on the road, allowing the subdivision would result in the road's being improved. He further pointed out that the' split would not affect the Size or shape of the lot; that this would be k the last split allowed on the access road because no other property was large enough to split; and that he felt the four-lot limit was arbitrary. In response to Mayo~ Callon, Mr. Mallen stated that there were already five houses on the road, including 800-square-foot guest~ houSe.~on the Thompson property, the kitchen of which wohld be removed as a condition of the lot split. In answer to Mayor Callon, Jitka Cymbal of Westfall Engineers, speakingas the appellant's engineer, stated that the neighboring land- owners had not been contacted concerning the.possiblity of providing a public road. The neighbors, she said, do not want the road improved to the code standards, which would be impossible to'meet in some cases anyway, because of the siting of the houses. Clive Ghest, 14900 Sobey Road, spoke against the appeal. He felt that his view would be destroyed by the proposed building; property values would decrease; the drainage problem of the dry creek bed was insoluble without massive reconstruction. With respect to the Jacobsen case, he pointed out that in that instance no view was destroyed, and no neighbors objected. He felt that. gra~ting the appeal would be bowing to special financial interests and that the Sobey Road area would degenerate into "another expensive tract estate." Councilmember Clevenger pointed out that there appeared to be a ~acant lot between the Ghest property and,'I the end of the road. Mr. Ghest answered~. that this'was a 1.6 acre property--too smalluto. be split. 5-4/1/81 ~GENDA " . ACTION Ross FeliX, 14908 Sobey Road, spoke against the appeal. He favored a low-density, rural character which would be thr'eate~ iby the proposed ~pliti,-H~Y.'alSo, fet~it"i~portant-!.'~.~ no~ to ViOlate rules such as the four-lot limit on the minimum access road. With respect to the apparent good condition of the "Thompson Road", he stated that he himself maintained the road by filling potholes regu- !larry with asphalt. He felt con .... !st~uction traffic would destroy the iroad. Further, he believedthat'the construction necessary to solve the drainage problem oh the lot would alter the rur&l character of the area. Elizabeth Ghest, 14900 Sobey Road, stated that those wishing to live in a different environment should move rather than change the character of the Sobey Road area. Mr. Malten ~esponded that the Thomp- sons cannot be considered "special financial interests" since they wish to retire in Saratoga and have lived here six years. He reiterated his previouspoints~and added that ~he view might be slightly affected, but that was a matter more properly con- sidered at the design review stage. Gary Hart, 14107 Sobey Meadows, ob- jected to Mr. Mallen's being allowed a rebuttal, and Mayor Callon pointed out that any citizen could request permission to be'heard, and the chair had the prerogative to make a decision at that time. The Public Hearing was closed. Councilmembers discussed theirfindi- vidual opinions and the arguments brought~byTbO~h~ides. 'They-..agreed that thi~ case differed from the Jacobsen. case. CL'~VENGER/JENSEN MOVED TO UPHOLD PLANNING COMMISSION DECISION TODENY APPLICATION. Passed 4-~ (Mallory oppo~ed).l VI. BIDS AND CONTRACTS A. AUTHORIZATION TO CALL FOR : MALLORY/CLEVENGER MOVED TO AUTHORIZE BIDS FOR SARATOGA COMMUNITY~ CALL FOR BIDS. Passed 4-1 (Jensen CENTER ADDITION opposed). Councilmember Jensen explained that she was voting against the call for 6-4/1/81 AGENDA ACTION bids, as she had consistently voted against the project on the grounds that the City did not have the funds to pay for maintenance. VII. CONSENT CALENDAR Councilmember Mallory removed A; C~llon, B; Jensen, C. A. AUTHORIZATIONTO CALL FOR ~ouncilmember Mallory questioned the BIDS FOR ONE-TON DUMP TRUCK justification of purchasing dump truck even though the dollar figure had been approved. Director of Public Works explained that the truck would be a replacement of a different kind of vehicle and noted the advan- tages of the truck. He also pointed out that the funds would come partly from the capital budget and partly from the replacement budget. WATSON/MALLORY MOVED TO APPROVE. 'Passed 5-0. B. RESOLUTION PROHIBITING Mayor Callon expressed concern about PARKING ON A PORTION OF the loss of a loading zone if the GLENBRAE DRIVE no-parking zone were established. It was pointed out that automobiles were °1. Resolution MV-144 permitted tO unload in no-parking zones, even though they could not park there. ' CALLON/MALLORY MOVED TO APPROVE. Passed 5-0. C. AUTHORIZATION TO CALL FOR Councilmember Jensen asked for further BIDS FOR RE-ROOFING OF THE information on the subject, and CIVIC THEATRE BUILDING Director of Community Services pro- vided same. JENSEN/CLEVENGER MOVED TO APPROVE. Passed 5-0. D. PAYMENT OF CLAIMS JENSEN/CALLON MOVED TO APPROVE. Passed 5-0. VIII. ADMINISTRATIVE MATTERS A. MAYOR Reported on 25th anniversary cele- bration. Ray Strasburger to be chairman of citizens committee. Reported On west Valley Mayors and Managers Meeting. Consensus to direct st~ff to write letter to appropriate persons at state trans- portation agency requesting release of EIS and stating that Council is pleased that narrower corridor being considered for Hwy. 85. Letter should be ready 4/7. 7-4/1/81 AGENDA ACTION B. COUNCIL &'COMMISSION REPORTS 1. Report to City Council 6n Presented report;J Jensen requested Planning CommiSsion slope and ge61ogicat-maps. Recommendation for Specific Plan for Northi west Hillsides (Measure A) (presentative only) Jensen: a. Ordinance re- Presented report. stricting Industrial Users and permits 5o the Sewage Treatment Plant b. Planning Commis- Presented report. sion Consensus that Dale Watson work with Manager to develop process for citizen input to budget for agenda 5/6. Jensen noted that Conflict of Interest Code was overdue and requested comple- tion. Councilmember~ensen requested that Planning Commission be thanked for its work. Consensusl fe~CounC~]!Fe/nbe~ ~enS_enr ~o ~ deyelop methods ~Q,altOW~City~ tD~Onside~-historical herit~_ge ~in its .processes ~. ~.inCtud. ing ~bu~ n6% ! %~ted=to~QrdinanG~lrevision, cu~assion, etc. C. DEPARTMENT HEADS AND OFFICERS 1. 'Director of Public Works a. Allendale/Quito ' Director'of Public Works explained need Bicycle Path (added for bicycle path.- at meeting) Paul Ingrassia, 18460 Allendale, spoke in opposition to the bicycle path. He expressed concern for the safety of bicyclists who would use the path. Councilmembers and Director of Phblic Works noted that construction of the path would make the route safer for _ those who already use it. Mrj Ijgrassia stated that he felt the City should be liable for any accidents or injuries on the bicycle path. JENSEN/MALLORY moved to authorize expen diture of $750 to move trees to prepare for bicycle path. Passed 4-0 (Clevenge~ abstained). D. CITY MANAGER 1. .Report re: Draft Two- Consensus to continue to adjourned regu- Story Ordinance (oral lar meeting4/7 at which interim urgency status report) ordinance could be adopted while perma- nent ordinance is being refined. 8-4/1/81 AGENDA ACTION ~ "~ ~7~ ' ..... ~_---" ~ Mallory noted continued interest in ~ '-" possibility of Safety Commission and "' requested quarterly crime reports. 2. Report re: Saratoga-Los WATSON/JENSEN MOVED APPROVAL OF OPTIONS Gatos Transit ASSIST FY 1 AND 40FSTAFF REPORT DATED 4/1 1981-82 Claim ADDING FUNDS FOR PURCHASE OF VAN/BUS AND SENDING LETTER TO MTC IDENTIFYING CONCERNS. Passed 3-2 (Callon, Mallory opposed). 3. Report re: Election Consensus to agendize 4/15. Fraud Ordinance 4. Report re: Clarification Consensus to continue to 4/7. of Community Plan Process in re Purpose and Respon- Sinc'e several citizens had appeared on sibilities of Citizens this agenda item, Mayor Callon gave Advisory Committee them permission to address the Council. Ed Gomersall, 19817 Veronica Drive and Bert Toevs, 13120Via Madronas Drive, requested that Council inform members the audience as soon as it became known that an item was to'be continued to another meeting. Dick Siegfried, 13388'Surrey Lane, chai~ of the Citizens Advisory Committee, asked for clarification of role of committee and spoke in favor of a mean- ingful role for the committee members in the General Plan review process. Dora Grens, 13451 Old Oak Way, asked fo~ a meeting of the citizens advisory com- mittee with the City Manager. City Manager stated that the State's mandate for the Housing Element and the Community Plan revision should not be dependent,On each other. He also ex-*~ pressed his wiZlingness to ~eet with th~ citizens advisory committee. Mr. Toevs expreSsed. concern that-Phases 2 through 4 would not allow for suffi- cient participation by the committee in the process. Councilmember Watson reassured Mr. Toev~ : that the process had not been finalized as to all details and that diminishment of the committee's role w~S not intended-. City Manager stated that he would com- municate with committee members to in- form them of the process which had been approv~d by the Council. Iim Stuart, 19149 Allendale, noted that some of the commit~ee's concern was pro bably due simply to the fact that the latter phases were not yet clearly de- fined; he ~elt an explanation by the City Manager would allay their concerns. 974/1/81 AGENDA A~'rlON Mayor Callon pointed out that the Council needed to approve the total plan as a package after revision to suit?the City's needs; she felt the timing, for instance, might be too lengthy. Councilmember Watson stated that Phase 1 had been agreed upon in the broad sense, but that the follow-up steps still needed to be developed. City Manager explained the purposes of Phases 2-4 and noted that the City is not locked into them at this point. Council directed Manager to send letter to General Plan Committee explaining process. IX. ADJOURNMENT Adjourned at 12:15 a.m. to meeting at 7:30 p.m., 4/7. Respectfully submitted, Grace E. Cory Acting City Clerk