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Home My WebLink About05-20-1981 City Council Minutes MINLFfES SARATOGA CItY OOUNCIL · TIME: Wednesday, May 20, 1981 - 7:30 p.m.. PLACE: Council Chambers, Saratoga City Offices, 13777 Fruitvale Avenue TYPE: Regular Meeting : EXECUTIVE SESSION - Litigation - 6:00 p.m. Crisp Conference Room .. AGENDA ACTI ON I. ORGANIZATION A. ROlL CAlL - Councilmembers Clevenger, All present. Jensen, Mallory, Watson, Mayor Callon B. MINUTES - 5/6; 5/9 ~ CLRVENGER/WATSON MOVED ACCEPTANCE AND ADOPTION WITH CORRECTIONS N0rEU BEIJDW. Passed 5-0. 5/6, p. 1, last para. "April" changed to "May" p. 2,, Item V.A. "6/3" changed to "6/17" p. 3, para. 7 and 8 rewritten p. 4, Item VII.D. Depth of fill indicated i p. 5, para. 8 rewritten II. CO~TC~qICATIONS A. ORAL Paul McCarty, 20055 Winter" Lane S[oke in support of retaining trees where bicy- cle lane is proposed on Saratoga-Sunnyvale Road John O'Halloran, Ceneral ~nager of Spoke in support of proposed benefit assessment: Santa Clara Valley Water District to fund flood control program. George Korbay, Flood Control Manager for Presented information supporting above. Santa Clara Valley Water District B. WRi'F'EN Referred to staff. i~n ~9~.p~n.~e~ t9 ~emB. 4, ~l~t~t~D ~eg~iDg addi- tion 6f Bikeg"ian~7-ind' rem0v~' 6f, ~ t3b~s on MOVED TO RECONSIDER CODNCIL ~L~ION OF 5/6 ~ ~GENDIZE S~A~OC~-S~ BIEE IANE ~ .Council ,di~&cted City ~ager .t~ fore c~rrait~ee ~:ive~:~Of ~tizens' groups, and staff to report · III. SUBDIVISIONS, BUILDING SITES, ZONING i, to ~Council 6/17. REQUESTS None. IV. PETITIONS, ORDINANCES, AND RESOLUTIONS A. RESOLUTION AMENDING RESOLLTION 494, JENSEN/MALIDRY MOVED ADOPTION OF RESOLUTION RELATIVE TO CONTRACTOR SUBMIITAL OF. 494.2. Passed 4-'1 (Callon opposed). AFFIRMATIVE AC~fION PROGRAM/PLAN Mayor Callon explained that since the Affirmative Action plan had been distributed only that night, she, did not feel she had enough time to make a decision and therefore did not vote for the amendement. 2-5/20/81 .... AGENDA ACTION Steve Russell and Howard Aronson, representing New West Construction, questioned the bid opening procedure followed on the contract for the .... Senior Citizens Addition to the ~j ~_~ Community Center. They asserted ~.--.j-~ that the City Hall clock was 30 ,i ....._ ~.~-, seconds slow and two bids believed to be late~.~ho~Id have been retur, ned unopened. ~ '~,. Director of Con}munity Services explained that s'~]~d checked the City Hall clock and found it to be fast. City Manager stated that the public interest was served by opening bids believed to be late; such bids can be opened at the discretion of the City Clerk. Council directed City Manager to review procedure for bid opening to ensure that ti~e of'receipt'of bids is accurately recorded. B. ORDINANCE TE.;4PORARILY SUSi-., '~ENSEN/MALLORY MOVED ADOPTION OF PENDING OPEP~TIONS OF LAND O~.DINANCE NS 60.11. "Passea 5-0. DEVELOPE.IENT COM~IITTEE Ordinance will ta,ke 9ffect in 30 days. C. PETITION FROM RESIDENTS OF JENSEN/MALLORY'P~O~E.D TO DIRECT STAFF QUITO ROAD AREA REQUESTING TO MEET WiTH PETITIONERS AND REPORT. HEARING ON VARIOUS TRAFFIC BACK TO COUNCIL AT A EUTUREi/MEETiNG. PROBLEMS IN AREA. Passed 5=0. V. PUBLIC HEARINGS - 8:00 p.m. A. APPEAL OF PLANNING COFLMISSION Cheriel Jensen, 13737 Quito Road, left her APPROVAL OF DESIGN REVIEW, seat as Councilmember and took a place as a 13687 Quito Road (applicant, member of the public. Danny Ray; appellant, Cheriel, Jensen)_ Planning Director reviewed appeal. City Attorney pointed out that the Council would need to interpret the Zoning Ordinance con- cerning the rear yard setback and the side yard setbacks. The lot is non-conforming as tO depth, and Section 14.3 specifies rear setbacks for non-conforming lots; however, Section 3.7-2 specifies rear set- backs in general, so the Council must decide whether to apply Section 14.3 to the side yards although the lot is non-conforming aS to width. Finally, the Council must determine whether the findings of Section 6 of Ordinance 3E-16 can be made. The Public Hearing was opened. Mrs. Jensen addressed the Council frc~ the floor as the appellant. She reviewed her objections to the struc%ure as stated in the appeal letter, including her beliefs that it interfered with her view; was too large for the area; 3-5/20/81 AGENDA ACTION should'not be permitted as a two-e s~or~'b~cause-of neighboring. one~ ..... '-~ ~tories; should have wider side yards under Section 14.3 of the Zoning Ordinance; and did not meet any of the'criteria of Secti6n 6 of Ordinance 3E-16. Danny Ray, 1497 Eden,-San Jose, then spoke as the' a~pliCant. He stated , that.no house can.be built without - '- same ~locking of view, but that fast- growing tre~s were to be planted to mi'tigate'~hat; the external volume · -,-~ had bee~'~reduced 6' in length; 20,000 feet of the lot was not'covered; the '- room referred to as a ~t¢~en~in · · . appeal let~e~ is a wet bar; the house could ~ot be moved farther back because of a large bay tree~ as planned, the house would result in reduced density compared to-the R-1-10,000 limit of four lots per acre; there were other large houses in the area. He felt the house as proposed more than met the require- ments of the General Plan. Dave Doz~er, 1~701 Quito Road, spoke as the owner of ~ house adjacent to the property. in~question. He 'said his house was a 24' two story and that he was agreeable to the Ray design. . John Brigham, 18591 Corre~a, spoke as the owner of property_looking directly at the Ray. house.. He stated that he had initially not ~avor~ed~ the design but that he had met with the Rays and they had decided to p~ac~ fast-growing shrubs to screen the house and the pool. At the time he had b~lieved this was an acceptable solution, but he had come to feel that perhaps it was not, since the house was significantly larger than others? i~n- the neighborhood. SylVia Jean, 18608 Aspesi, spoke as the owner ofa'two-story home facing the side Of the proposed house. She .stated that 'it'was difficult to jddge compatibility with the neigh- borhood because the neighborhood was mixed,:but she favored ~he prop6sed house. She also submitted a letter favoring the house from Mr. & Mrs. Seungsoo'Hahm, nearby neighbors. LeonardBarello, 14004 Quito, questioned the designation of the lot as non-conforming, since if the 20' easement ~ere "in fee,~' the lot would be'126' long. City Attorney indicated that the practice was to measure l~t depth from the end of an easement. 4-5/20/81 AGEN DA ACT I ON Carl Franklin, 14407 Chester,, spoke infavor of the Ray.house, saying that he 'lived one-half mile from the site and fel't it would enhance the neighborhood. .. Howard Bennion, 13689 Qu~to, spoke in favor of the house, saying that he lived' directly across from it. He also submitted a letter from the Hassanslsupporting the house., Don Arnold, 20061 Bella Vista~ spoke in favor of the houser saying that he lived ~ mile from the site. Ed Lee, Bella Vista, spoke in favor of the house, saying it would make a contribution to the area. Emile Atwood, 48 Teal, stated that in the past the Council had allowed structures to have 10' side yard setbacks in the case of a two-story non-conforming lot. City Attorney stated that such was the case.in the case of a two-story ~s~ which was non-conforming both as towidth and depth. Mayor Callon askedwhether the roof could be lowered. Mr. Ray responded that ~hat would cause the roofto be aslymmet~i,~.al~a~dL~w~U~d'~Ut<~an!in- equitable bdrden on him. Mrs. Jensenp6inted out'that h~r house is not two-story, since it is situated on a hillside and has no full staircases. It is igappropriate, she said, to have an adjacent two- story house· She urged the council to use its~just discretion to protect her, the closest neighbor, from the proposed house. The Public' Hearing was 61osed. Councilmember Watson asked what would happen if the new two-story design review ordinance was in effect. Planning Director said that it could not be p~edicted, but that if the Planning CommiSsion could make the required.findings, they would approve the house Councilmember Clevenger ~sked whether a.house"s-being one-story or two- story m~de A~difference with respect to the '~6n-conforming'lot question· As~. Pl.agnet Flores~ replied that it did not. City Attorney noted that thelcrucial point'was what ordinance takes precedence. = '~ 5-5/20/81 AGEN DA ACT I ON *'~ Magor Call6n asked whether the - Council must allow setbacks ,~ieh~=e'! .~:...=.."I~.,~ . ~ meet only'~minimum standards.- 'Planning-Director stated that,the Planning Commission hA~s the right to require ]greater setbaCkS than .- does' ~he 'Cbde.' Councilmembers discussed their individual opinions concerning the specific points to be decided. CALLON/MALLORY MOVED TO MODIFY THE DECISION OF THE PLANNING COMMISSION A/qD GRANT THE APPEAL BY .._AMENDING' THE ROOF LINE OF NON~E~VING~!SP~CE AREA OVER GARAGE. Passed 4-0. (Jensen not voting). Council referred to City Manager ! for appropriate lowering of roof ~ line, with a report back June 17, .. for final determination by Council. B. APPEAL OF CONDITION OF APPROVAL The Public Hearing was opened. OF DWELLING AT 20105 MENDELSOHN LANE (Appellant/applicant Nino~ Nino Gallo, 13165 Via Ranchero, Gallo). . = spoke as the applicant/appellant, saying that-he had tri~d to meet all requirements of the City, but that .the reduction in height imposed by -. i the Planning Commission would serve no purposers~ce~no neighbors' views would be impaired. Councilmember Clevenger. questioned Mr. Gal!o as to front and side set- backs, and Mayor Callon asked whether additional two-s'tory houses were planned~' Mr. Gallo responded that they were. Dave Call, who works with Mr. Gallo# submitted a petition signad by 25 individuals supporting the 30' roof. Russell Crowther, 20788 Norada Ct., pointed out that the Planning Commission had approved the design sub~ect to lowering the roof line only, and did not [equire the increased setbackLmentioned by some of the petition signers..'.Mr. Gallo responded that the "increased" set- back was in the original plan. The Public Hearing was closed. Councilmembers discussed thei~ individual opinions~ .Councilmember ~ J~nsen expressed her disfavor toward ' .~ a two-story house. Councilmember : Watson stated t~at the roof should meet the 26' limit. .6-5/20/81 AGENDA ACTION JENSEN/WATSON MOVED TO UPHOLD THE '- ' PLANNING COMMISSION DECISION. ~ ~ " .... ' Failed 3-2. " .. '-.. '~. CALLON~MALLORY..MOVED TO GRANT APPEAL .' · AND OVERTURN CONDITION OF DESIGN " REVIEW APPROVAL. Passed 3-2. (Watson,'Jensen opposed). C. CONSIDERATION OF DRAF~ NORTH- City Manager e~plained that the WEST HILLSIDE SPECIFIC PLAN revised draft before the Council AND ITS ENVIRONMENTAL IMPACT should now reflect their views on REPORT.(cont'd from 4/15) goals and policies. George Godlewski# of the Hillmoore Homeowners Association, noted that Hillmoore and Krei~ler would be emergency access roads and expressed the hope that they would not become through streets;~ he favored restricting them to 20' easements. Dora Grens, 14145 Old Oak, ~equested stronger language ensuring that emergenc~ access roads would not become through roads. CONSENSUS TO STRENGTHEN LANGUAGE OF THE SPECIFIC PLAN TO SPECIFY THAT EMERGENCY ACCESS ROADS SHALL BE 20' EASEMENTS. Council directed staff to contact the Sheriff's Department and the Fire District to ensure their re- quirements would be met. Councilmember Jensen suggested setting a limit for cuts End fills to any section of road. Andre'Boga~t~208.010'.~Wardell, warned against making the emergency access roads too narrow. Joyce Hlava, 20137 Guava Court, asked when the final decisions would be made by the Council. Mayor Callon responded that it could be Tuesday. JENSEN/MALLORY MOVED TO CONTINUE THE PUBLIC HEARING TO TUESDAY, MAY 26, AT 7:30 p.m. AT THE COMMUNITY CENTER MEETING ROOM. Passed 5-0. VI. BIDS AND CONTRACTS A. AGREEMENT BETWEEN CITY OF JENSEN/MALLORY MOVED APPROVAL. SARATOGA AND SARATOGA AREA Passed.5~0·. SENIOR CITIZENS COORDINATING COUNCIL CONCERNING ACCOUTRE- MENTS FOR SENIOR CITIZEN ADDITION TO COMMUNITY CENTER. " ~' ',7-5/20/81 AGENDA -ACTION B. AWARD OF 'CONTRACT FOR. PURCHASE' IENSEN/CLEVENdER MOVED AWARD OF OF ONE-TON DUMP TRUCK CONTRACT TO RON BAKER CHEVROLET, INC. IN THE AMOUNT OF $12,256.14. Passed5-0. -i C.' AWARD OF CONTRACT' FOR CONSTRUC-JENSEN/CLEVENGER'MOVED AWARD OF TION OF COMMUNITY CENTER CONTRACT TO R. CHRISTENSEN CONST. IN ADDITION THE AMOUNT OF $195,478. FOR THE BASE BID AND ALTERNATES 1, 2, and 3. Passed 4'0.: (Mallory abstained).- NOTICE TO. THE,PUBlIC All matters listed under Item 7, C6nsent Calendar, are considered to be routine by the City Council a~d;~li be enacted by one motion the form listed beloW. There wil. i:,be no ~eparate discussion'of th'ese items. If discussion is required,',that item'will be removed from the Consent Calendar and.will be considered separately. VOte may-be by roll call. JENSEN/WATSON MOVED ADOPTION AND APPROVAL OF ITEMS A-C AND E-K OF THE CONSENT 'CALENDAR. Passed 5-0. A. CITY TREASURER ~ S?REPORT B. RESOLUTION' ENDORSING WATER ' APPROVED. CONSERVATION KIT INSTALLATION · PROGRAM AND PROCLAIMING SANTA CALRA VALLEY WATER CONSERVATIO! WEEK C. DENIAL OF CLAIM OF JOH~ L. APPROVED. deBENEDETTI D. FINAL ACCEPTANCE AND RELEASE . Councilmember Jensen asked what was OF IMPROVEMENT SECURITY, SDR ; being approved; Director of Public 1295, GLENMONT DR. (Fardal, Works replied that it was Deer Creek. Grutchfield'& Politi) JENSEN/MALLORY MOVED APPROVAL. Passed 5-0. E. FINAL ACCEPTANCE AND RELEASE ^:;;APPROVED. OF IMPROVEMENT SECURITY, SDR 1307, PARK PLACE (Saratoga Federated Church) F. FINAL ACCEPTANCE AND RELEASE APPROVED. OF IMPROVEMENT SECURITY,'SDR 1479, FARWELL AVENUE (Gibson Anderson) G. FINAL ACCEPTANCE AND RELEASE' APPROVED. OF IMPROVEMENT SECURITY, TR. 5164, SOBEY RQAD (~pnkel, . Thomas Co.)- :,.' '. !'.. : . H. FINAL ACCEPTANCE.AND'RELEASE A~PROVED.. OF IMPROVEMENT .SECURIT.Yi. TR.' . : -, 6199, REGAN LANE (Hagen Const.) .-._-? tT--~ ~..- _ - :. " a-5/20/81 AGENDA ACTION I. CONSTRUCTION ACCEPTANCE, SDR 1430, CHESTER AVENUE (H. Bel- liCitti) " J. CONSTRUCTION ACCEPTANCE, TR. 5954, ALLENDALE AVENUE - (Kosich Const. ) K. PAYMENT OF CLAIMS APPROVED. VIII. ADMINISTRATIVE MATTERS A. MAYOR Reported on IGC plan for City cooperation. Requested staff response ~ ~ .... 6/3. B. COUNCIL & COMMISSION REPORTS Mallory: Continuation of Councilmember Mallory pointed out Medfly .L~wsuit that the cost per City for the Medfly lawsuit had gone up to $3,500. although there had been no public announcement previous to City involve- ment. Councilmember Jensen stated she wanted the protection this law- suit ~off~red. MALLORY/CALLON MOVED TO WITHDRAW FROM THE MEDFLY CASE. Passed 4-1. Jensen opposed). Clevenger: HCD Report; CounCilmember Clevenger reported.that- General Plan Review the Federal Government had Cancelled Update the planned Paul Street imp,rovement. "' ~ ~ Councils{ember Jensen reported her ' d'issat~s'f~ction with the Sanitation -~ . District 4~bud~get, which entails * ~ ,~ ~h~roveme~t~s for other areas which .... ' Saratoga will help pay for, such as the _C,o~gres~!- S~ring~cRdad.:Lp~o'lj:~ct. C. DEPARTMENT :HEADS, AND" OFFICERS ~ 1. Director of Public Works a. Authorization of City ~ENSEN/MAIjLORY~'MO~ZE~Z.'APPROVAL. Attorney to collect' Passed 5-0. Bond guaranteeing street improvements 'to LOmita Avenue (Kathryn Pronger) D. CITY MANAGER 1. Oral Report re: Raising JENSEN/MALLORY MOVED TO AUTHORIZE THE of Farm Animal~ at 14740 CODE ENFORCEMENT OFFICER TO ENFORCE Sobey Road THE ZONING ORDINANCE AND FILE WHATEVER LEGAL ACTION IS NECESSARY 'TO DO SO. Passed.. 5~0. 2. Formation of a Finance WATSON/MALLORY MOVED TO ADOPT RESO- Advisory Committee LUTION FORMING FINANCE ADVISORY COMMITTEE. Passed 5-0. ~' . 9L5/20/81 AGENDA ACTION ~onse~Su.s'to explore possibility of broadening· interest ,of citizens.' IX. ADJOURNMEN~ - ~2:25p.m. : Adjourned to joint study session ,., with.General Plan Citizens AdviSory ',~ .' ~ gommit~ee :at 7:30 p.m. on May 21. RespeCtfully submitted, Grace E. Cory Deputy City Clerk