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HomeMy WebLinkAbout09-16-1981 City Council Minutes MINUTES SARATOGA CITY COL~CIL TIME: Wednesday, September 16, 1981 - 7:30 p.m. PLACE: City Council Chambers, 13777 Fruitvale Avenue, Saratoga TYPE: Regular Meeting C~'l'lI~.'F. OF THE W~DLE - 6:00 p.m. Meeting Rocm, Community Center I.! Review of procedures and dates for extension of Interim Ordinance No. 3E-19, regarding the Northwest Hillside Are. II. Status Report on Recovery of Litigation Expense frc~ Forl~n Insurance Company. III. Affirm procedures for enforcenent of City ordinances. IV. Report on Santa Clara County Animal Control Services. V. Evening Agenda Items, CcEm~_nts and Questions by Councilmsmbers. VI. ~jo~t - 7:15 p.m. REGULAR M~i'ING - 7:30 p.m. Council Chambers I. ORGANIZATION A. ROLL CALL Present: ~..Councilmenbers Clevenger, Jensen, Mallory, .WatSon, Mayqr~.Callo~ B. MINLFES - 9/2 JENSEN/MALLORY MDV~D ADOPTION OF MINUI~S WITH CORRECTIONS NOl'm3 BELOW. Passed 5-0. p. 2: Clarified change of subject in paragraph 4. Clarified Clevenger statement in paragraph 5. Clarified Mallory statement in paragraph 7. p. 5: Corrected vote on waiving reading of ordj_nance to 5-0. II. ~CATIONS A. ORAL B. NR~'rr~N #1, Discussed under It~ VIII, A, #6. Discussed under It~n VIII. A. #7. C~nsensus to direct City Manager to brin9 back staff report on notification procedures for Dividen~ Develot~nent appeal. III. SUBDM SIONS, BDILDING SITES, ZONING REQL~STS IV. PETITIONS, O~)~, ~) RESOLUPIONS ORDINANCE ~M~I~)ING OROINi~NCE NS-3, THE ZONING ORDINANCE, BY i~MENDING THE ZONING ~ RE: ~FN 397-27-15 FROM R-l-12,SQ0 TO R-~-4,000 (Second Reading). M_~IIDRY/~TSON ~ TO RE~D BY Ti'rLE ONLY. Passed 5-0. C~If)N/M~JiJDRY MDV~D TO i~I)OPT AS RE~D. Passed 4-1 (Jansen opposed). /81 B. PETITION RMQUESTING OONSIDERATION OF FURTHER AEA_MDOI~v~lqT OF EASEMK~TPS FOR A JOGGING AND WALKING TRAIL ALONG CHE~I'ZR AVENUE (M~ERALD MILLq TESORA }DMMOWNERS ASSOCIATION). City Manager rec~L,Lended that item be continued indefinitely until process of working with petitioners is complete and report can be made to Council. .- Jensen moved to direct City Attorney to draw up a resolution to abandon equestrian portion of the easement. No second. CONTINUED TO STLDY SESSION AT A L~a'~ DATE. C. RESOLUTION APPRDVING THE APPLICATION FOR 1980 STATE GRANT FONEYS {PROJECT: EL QUITO PARK ACQUISITION). CLRVENGER/MALLORY MDV~D TO ADOPT. Passed 5-0. D. RESOLUTION ESTABLISHING POSITION OF DIRECTOR OF FINANCE. JENSEN/CLEVENGER FOVMD TO ADOPT. Passed 5-0. V. PUBLIC HEARINGS - 8:00 p.m. A. D~I'k~MINATION OF ODNSOLIDATION OF LIBRARY SERVICES AT THE E LIBRARY AND REVIEW OF ADi'~tNATIVE USES FOR THE VII,TAGE LIBRARY BUILDING. City Manager noted that the two issues were whether library services should be continued at the Village Library and, if so, what services. Assistant City Manager presented a brief fact sLmmk3ryS~ including possible uses of the approximately $43,000. which could be transferred frcm the Village Library to the C~munity Library. Barbera Campbell, County Librarian, reported on how the County analyzed book circulation at the Village Library, men[ionja3g that she had expected a'$15,000. deficit but had unexpectedly received an additional allocation of State funds which resulted in a surplus of $10,000. Councilmember Watson ccmm~nted that Ms. Campbell had geDerated credibility by accurate reporting in the past which was appreciated by the Council. The Public Hearing was opened at 8:15 p.m. Mayor Callon read into the record two letters: one from Amy June Jorgensen favoring transfer of County services to the Cc~n~lnity Library but supporting retention of the Village Library as a reading room; and the other frcxn Willys Peck stating that the best use of the Village Library was a public library, but that it should at least have a public use, such as a historical park. ]' '_ Lena Pontier, 14353C Saratoga Avenue, spoke against moving services frcm the Village Library, saying that too much was being moved frcm the Village without cc~mEhnity input, and that the C~l~hanity Library was too noisy. Gay Crawford, 14711 Aloha Avenue, ' alse spoke against moving services. There was more to the matter than cost, she said, including the role the Village Library has played in the history of Saratoga. She believed that the decrease in hours open had contributed to the decrease in circulation. Richard Martin, 13981 Pike Road, stated that the Village Library was losing appeal as a library and should be used as a reading roc~a or sc~ething similar. Mary Moss, 20777 Pamel~ Way, spoke as Chairperson of the Library C~e~ission. She mentioned possible uses of the money which could be transferred to the CuL~unity Library and pointed out that a library in Soquel is run entirely by volunteers. This, she thought, should be possible in Saratoga. Moreover, she felt that it was important to keep the building open for public uses such as classes and meetings. Elizabeth Hanmon, 20200 Hill, spoke as a long-tine resident of Saratoga having many associations with the Village Library. She believed that the building should be maintained for o~nunity meetings and could be run by volunteers. DOrothy Scow, 13246 Via Ranchero, spoke as one who had been active in Friends of the Libraries. She was of the opinion that the Village Library should be used for a purpDse other than full library services. b/16/81 Marilyn Kanemura, 19796 Yuba Court, s~oke as a mefaber of the Library CuL~ssion. She pointed out that the reccxL'.'Lejldation of the Library CuL.~LiSSiOn pertained only to cessation of services of the County Library system at the Village Library. It should not be a lending library, she believed, since that was not cost-effective. She felt the ~ity Library could use the transferred funds to good advantage. Pat Mahler, 20353 Blauer, also a Library Cu~ssioner, related her exFeriences with a library run by volunteer~ in San Juan, t~erto Rico. She stated that she thought such a concept could ~Drk in Saratoga. The Public Hearing was closed at 8:40 p.m. Ms. Campbell sp6ke again to say that it was. possible for the Book~obile to stop at noon every other week in the Village area if a safe location could be fourd. She said the County was willing to play a supportive role in an alternative use for the Village T,~brary. In answer to Mayor'Callon's and Counci/member Mallory's c9~tions, Ms. Campbell explained that the County funds allocated to Saratoga would renain for Saratoga' s use; the Saratoga Library Cu~,L~ssion would have input as to expenditure of furls. She stated that a December 31 deadline for transfer of services could be met, but transfer of books might take longer. She expected Saratoga funding to remain proportionally the same in future years. Councilmember Watson pointed out other possible alternatives, such as selling the building, in comparison with the cost of renovation. Mayor Callon suggested that alternative uses of the Village Library building be considered at a study session. Councilmember Jensen stated that if the Village Library were retained for public use but without the revenues it presently generates as a library, services might have. to he reduced in scme other area to pay for such use. She recordneeded that the City determine the cost in services~d make a comparfson Ff'~h~ costs. --. She questioned the analysis of circulation costs for the Village Library as presented, saying that it might be possible to take action to bring those costs to a reasonable level. Even now, she said t_hey are lower than scme other libraries. Because the building is paid for, she believed that the Village Library circulation costs might prove to he less if that factor were included in the analysis. She stated that the Village had had too many impacts frc~ decisions made by public agencies, and that Village Library users contributed to keeping the Village a viable place. MOreover, she feared that the City may not have the authority to sell or lease the building and needs mere data as to the cc~Tmitment that was originally made to those who funded the building. CounciLmember Jensen thought perhaps the building should be restored and use as a library continued for a year as an experiment. She wished to examine the reasons for the decline in circulation in ~ Village and to deternine whether there actually are sufficient volunteers to run the building. Councilmember Clevenger suggested that the Council support the recu~,~endation of the Library ConTnissi0n, which had been appointed to provide such recu~'Lendations. She feared that library services were suffering because funds were being used to keep the Village T.~hrary open. She favored getting full citizen input on possible uses of the library. MAT.TORY/CALLON M~DVED TO ACCE[~ LIBRARY O0~e4ISSION'S REOOM~XDATION TO TRkNSF~/< ODLAV~Y LIBRARY SERVICF. q FI~3M VIT.TAGE LIBRARY TO CCXvEML~ITY LIBRARY AT D~TE TO BE :SmI' BY LIBRARY ODM~ISSION BUT NO L~I'~R THAN 12/31. Passed 4-1 (Jensen opposed). Mayor Callon directed City Manager to compile rec~l'endations received and to provide cost information. She also asked that the question be answered as to whether there were any restrictions on the original library building's use. Further, a suggested process was needed to insure citizen involvement in the determination, including historical and ccmmminity vales as well as cost factors. B. ODNSIDERATION OF RESOLUTION ESTABLISHING HANDICAPPED PARKING AREAS IN PRIVATE PARKING FACILITIES OPEN TO THE G~XTERAL PUBLIC. City Manager explained issues, noting that installation of handicapped parking facilities was required as part of zoning and site review, but enforcenent was not possible. The proposed resolution ~K)uld provide for enforcement. ~ouncilmembers inquired as to the necessity for the resolution. Cit~ Manager ! replied that 'he knew of no complaints under the present system, but ~itizens might cclnpl~in if handicapped parking stalls ware unavailable because they were ~" "' L6/81 being used by non-Bandicapped individuals. Private businesspersons could not enforce the use of these stalls, he said, because they had no authority to do so. Councilmember Mallory stated that he would prefer not to ~d another law unless there were a clear problen to be addressed by it. The Public Hearing was opened'at 9:10 p.m. Sally Carlson, 12234 Brookglen, spoke in favor of the resolution. She stated that she worked for the Faster Seal Society and that, since 1981 was the International Year of the Disabled Person, this would be an appropriate time to pass such a resolution. The Public Hearing was closed at 9:15 p.m. Mayor Callon stated that Council did not have enough infozmation to make a d~cision.- She felt the centers where the stalls were required and the centers which have stalls should be named, the number of stalls should be specified, method of enforcement explained, and expenses to' property owners estimated. City Attorney suggested clarifying Section Four by adding "which provide handicapped parking stalls." This would not mandate that mayone install the facilities. Councilmember Clevenger remklrked that more handicapped individuals were going out in public, and the City should adopt the resolution. Councilmember Mallory noted that the issue was not being for or against handi- capped individuals, but whether the City was taking reasonable action based on solid facts. Councilmember Watson concurred in the need for mere data. JENSEN/C~EVENGER MOVED TO ADOPT RESOILTION WraTH THE EXUEFrION OF THE FISCAL IMP~FS, INCLLDING ADDITION OF PHRASE "WHICH PRDVIDE HAhDICAPPED PARKING ST2~T.T~q" TO SECTION 4. Failed 2-3. City Manager was directed to provide further information. C. APE OF DESIGN REVLBW DE FOR TWO-ST6RY, SINGLE FAMILY DWRT.T.ING TItAT WOULD HE OVER 22' IN EIGHT (30' MjtXIMI1M) ON A lOT WiTH AN AVERAGE SLOPE OF LESS THAN 10% tN THE R-i-20,000 ZONING DISTRICT ON ~IAN ~T.RN, ~ 4, TR~LT 6722. (Applicant/appellant, Dividend Industries). CounciLmember Jensen requested that the hearing be set for another date because she feared that the neighbors had not been properly noticed of tonight' s hearing. City Attorney pointed out that the public hearing should be opened to take public input, and that the applicant/appellant should be asked his preference. Jim Ombsberg, the applicant/appellant, stated that he would like to proceed with the hearing. Robert Shook, Director of Oa'm',unity Development Regulation, sLmmmrized the staff report, noting that the design had met the City requirements, so staff had reccmmended approval. The floor area ratio was greater than the limit, but was within the_5%. increase which could be aiDproved by public hearing before the City Council. Counci~ Mallory incpfi red as to whether the application was being considered under the new or the old design review ordinance. - Mr. Shcok explained that the application had originally been made under the old ordinance and that Council could apply the standards of the new ordinance if desired. Councilmember Mallory stated that if an individual had begun under a certain ordinance, he should he permitted to finish under the same one. Counci~ Jensen asked whether the Council had available° the required findings under beth ordinances, and Planning Director replied that the interim ordinance bad criteria, but :the new ordinance did not. The Public Hearing was opened at 9:35 p.m. James Oresberg spoke as the applicant/appellant. He asserted that the salient issue was the impact of t_he proposal on neighbors, which he believed was not adverse and would increase the value of the hcraes. The height was not significantly greator than that of neighboring hc~ss, the floor area ratio was 13%, and the setbacks ~onfonnsd to the requirements of the existing ordinance, be said; mareover, some Planning Cc~m~issioners considered the design a good one. Mr. Om'sberg presented photographs and a diagr~n of the site showing distances from neighboring homes and density of the vegetation. In answer to Councilmember iJensen,~ .he then pointed Qu~ where those who signed ~ the letter approving the project lived and where the creek ran. Orville Jones, 14531 Horseshoe Drive, then spoke as thef~.ll~of the land in question to Dividend. He stated that he considered the' plan"~ gocd one which should be approved. In answer to Councilmember Watson, he stated than he had no more land available to sell. Mayor~_CAllon expressed concern about noticing procedures as mentioned in a letter from Nac~ni Hoffnkln, and City Manager explained that Ms. Hoffman'~.s letter did not pertain to the project under consideration. Counci~ Watson in~red as to the legal possibilities for considering the appeal. City Attorney responded that Council had no alternative but to consider the hearing de novo under the new deisgn review ordinance because the application did not fall under either section listing exceptions to that ordinance. Mayor Callon pointed out that that seenL=~ to contradict instructions frcm the Deputy City Attorney to the Planning Cu~,~,~ssion. The Council i rece~sed'f~9~5~ to 10~ 10 p.m~ City Attorney then reported that Deputy City Attorney's instructions had referred to the situation at that time.' While they bad been correct then, they were obsolete nc~ that the new ordinance was in effect. In response to Mayor Callon, Mr. Shook then reiterated that the application on the face of it cc~nplied with the new ordinance in most respects; the requirem~_nt of a public hearing for height over 22' was being met tonight, and the increase in floor area ration was within the discretionary pmwers of the Council to approve. · Mayor Callon then asked whether the Council could make adjus~mP_nts to the plan. City Attorney replied that Council could do anything the Planning Ccmmission dould do if the application were being heard for the first time by that body. Planning Director then explained City procedures. for notifying residents within 500' of a site. JENSEN~a~TSON MOV]I) fO CONTINUE TO NEXT REGULAR ~IP2~i'ING ON WtlANESDAY, OCiD~ER 7, at 8:00 p.m. Passed 5-0. VI. BIDS A~D ~0NTRACTS A. JOINT EXERCISE OF POWERS AGREEMENT FOR RECEIPT OF FU~IDING L~DER THE HOUSING AND ~ITY DEVELOPMM~T ACT (HCD). City Manager introduced agreement and pointed out that staff had recu,~tended approval. Housing and CUL,Ll~nity Development Coordinator, Stan Carnekie, then further explained agreenent, which was for three years instead of one year, as in the past. Councilmember Clevenger stated that she had net voted to sign the agre~nent last year/because she had not wanted to cut~l,~t Saratoga to goals and objectives of HID which might not be favorable to Saratoga. Now, however, her fears were allayed, and she felt the agreeTent wDuld benefit the City. James Russell, 12776 Saratoga Glen Court, spoke against signing the agreement because of the "heavy-handed" methods of HLD. He believed that rehabilitating rental properties was not necessarily beneficial for Saratoga and that the Paul Street improvements had nearly gone unfunded. Mr. RUssell suk~Litted a letter making these and further points. Councihnenk~r Clevenger pointed out that it' was through Mr. Russell' s efforts that the Paul Street improvem~_nts had been funded after being removed frcm the budget. She stated that his information was accurate, and that although Saratoga probably would net gain much frcm the progrin, Saratoga was not risking much. In response to Mayor Callon and Councilmember Watson, Mr. Carnekie explained farther the amount of funding received in the past and its distribution between rental and owner-occupied units. /81 MALIORY/CLk'v~lqGER MOVMD TO APPROVE'PROPOSED JOINT EXERCISE OF POWERS AGRM~'- MENT FOR RECEIPT OF FI1NDING U~DER PDUSING A~D E DEVELOPMENT AC~f. Passed 4-0 (Jensen abstained). Councilmember Mallory noted that Saratoga could drop out of the progran in the future if that became desirable. NOTICE TO THE PUBLIC All it~ns listed under Item VII, Consent C31endar, are considered to be routine by the City Council and will be enacted by one motion in ~he form listed below. There will be no separate discussion of these items. If discussion is required, hhat item will be removed frcm the Consent Calendar and will be considered separately. Vote may be by roll call. VII. ODNSENT C_,z~T,~3~l°, MALLORY/WATSON MOVED TO ADOPT AND APPROVE CONStlVE CAT.RNDAR. Passed 5-0. A. REJECTION OF CLAIM - PACIFIC TET,F~HONE A~D TE~ .F. GRAPH. CLAIM Dt~ ~ ~:b. B. TREASE'S REPOKT - July and ~ugust NOT AVAILAnTE DUE TO TTxNESS OF TREASLtqER. C. BO~D ~EPLACEMENT - Tr. 6665 and SDR 1426, Parnas Corporation (Pierce Road). APPYE~ED. D. RESOLUTION APPOINTING VOTING DRT,RC=ATE AND FIRST ALT~iRNATE TO LEAGL~ OF CALIFORNIA CITES ANNSnL ODNFERENCE. ADOFI'~U. E. PAYMENT OF CLAIMS. APPROVED. A. ' MAYOR WRITi'~ CCR~4L~ICATIONS - Mayor Callon called upon Angelo Scampini, who had submitted letter #1 under Written Cut~tt~rlic&tions. Mr. Scaropini, attorl~ey representing Inperial Savings and Loan, which had appealed denial of use permit at the August 19, 1981, Council meeting, urged the Council to reconsider its denial. He then introduced Walter Shu, Vice President in charge of leasing and managing properties, who described the process through which Iraperial Savings & Loan had gone in its search for a suitable location. Counciln~ber Watson stated that Imperial Savings & Loan had erred in presenting only a minimal design which w-as not in keeping with Saratoga' s standards, including warmth of feeling and use of wood. Mayor Callon stated that she did not vote for the use permit because of possible loss of sales ~ax reveneus as well as architectural problems. City Manager pointed out that revenue issue was significant; the General Plan says that the City's econcrmic well-being rec~ires a sound cc~l~erical base; financial institutions, which are non-revenue-producing, therefore, must obtain a conditional use:. permit. Councilmember Mallory stated that if Imperial Savings & Loan wished to go through the process they could de so, but his decision would not change. ~WATSON/JENS~ .MQV~D TO DENY APPEAL WITHOUT PREJIDICE. Passed. 5=0. Councilmenker Watson noted that Imperial Savings & Loan was willing to change their design; that the City had an obligation to them as the first savings and loan; -~nd that their present location should be opened to an incoae-producing merchant. CouncilnemlP~ Jensen noted that the proposed location was on a scenic highway and that many savihgs and loans had meeting fDoms for CuL~L~nity .use. She felt the proposal was an opportunity to improve an area which needed it. Mr. Shu stated that if the Council felt there was need for a CUL~LL~nity rocn, he would recoEmend it, and he believed it would be approved. CounCilmember Clevenger noted that the City was interested in the best possible arrangerent for the City concerning sales tax revenues. Counci~r Mallory stated that the City should look at other possibilities for the area on the time scale suggested by Planning CcImtissioner Monia - about one year. Mayor Callon stated that she, too, felt no urgency on the matter. Mayor Callon then called upon Bob Saxe, who had sukmitted letter #6 under Written C~mmmications. Mr. Saxe requested exten'Sion of the deadline for tentative map approval for Mr. Lauren Hulse (SDR 1290). He reasoned that the 1,000 gallon per minute water flow requirement within the Measure A area was tantamount to a water or sewer moratorium which would allow the expiration date to be extended up to five years under Governrent Code Section 66452.6(b). City Attorney stated that not all projects in the Measure A area were affected by' the absence of water, and it weuld,] therefore, be inconsistent to apply Mr. Saxe's reasoning to the entire Measure A area. Mayor Callon further pointed out that it would be possible to meet the water requirement; it weuld simply be very costly to do so. CDNS~qSUS TO TAKE NO ACTION TO E~i'END DEADLINE. Jim Byrne, 14506 Chester Avenue, requested clarification on Item IV. B., abandonment of easenents. Mayor Callon suggested he meet with staff on the matter. Mayor Callon then requested that individuals requesting action on W~itten Correspondence be told that their it~n will be moved to the end of the agenda. Councilmenbet Jensen suggested that the three-minute time limit be applied to such cases. Mayor Callon also requested that applicants and appellants be informed of the ten-minute time limit oh their presentations. B. CO~CIL AND CCMMISSION R~POR~S JENSEN - Rate Increase for Sewage Treatment Plant - presented report. - Air Quality Act - due to lateness of hour, did not present report. WATSON - Accepted position of representative to Transportation Commission. Councilmember Mallory requested that Council review priorities of Parks & Recreation Ccra~ission. C. DEPARTMENT HEADS AND OFFI~u~MS 1. Director of Ccnrmmity Development a. Request for Street Closing - Firem~n's Muster Parade. CLEVENGER/MALLORY MOVED TO ACLEFf. Passed 5-0. D. CITY MANAGER IX. ADJOURM~ENT - 11:00 or earlier ADJOURNED AT 11:45 P.M. TO WORK SESSION 9/18/81, AT 1:00 P.M. AT DOS GATOS IODGE. ~pectfully suhnitted, Grace E. Cory Deputy City Clerk