HomeMy WebLinkAbout12-02-1981 City Council Minutes ,E~S MINUI'~
SARATOGA~-.CITY COUNCIL'
TIME: Wednesday, December 2, 1981 - 7:30 p.m.,
PLACE: City Council Chambers, 13777 FrlLitvale Avenue
TYPE: Regular meeting
CIDSED SESSION - Personnel [Meet and Confer) - 6:00 p.m.
· Cu'L'uuunity Center Meeting Room
REGULAR MEETING - 7f30 p.m.
Council Chambers
I. ORGANIZATION
A. ROIL CALL - Councilmembers Clevenger, Jensen, Mallory, Watson, and Mayor Callon
present at 7:30 p.m.
B. MINUTES- 11/18
Jensen/Mallory moved approval with changes below. Passed 5-0.
p. 3 - Maker of motion concerning la~k 7of~.confoiT~3nce with Subdivision .Ordinance
changed to Jensen. .[Mallory reiterated that he believes there is no
ufe~sible~aeC~ss?other than Tricia'aWay.~).,~.~.u.g~
p. 4 - Jen~en's statement changed to ".,.family with only one member of the
household having to be 45 years 01d could be quite a young family..."
p. 6 - John Collins identified as the attorney-for Mr. Johnston.
p. 9 - Callon motion on Library changed to "...and to use the extra money..'~"'
p. 10- On:item conc~ining_Bicycle. Lane ~Report, retaining wall structure clarified
as being on Saratoga-Sunnyvale Road frontage (rather than Quito) to widen for
a path at .grade area so there would be an addition to the existing pavement width.
II. O0~4L~qlCATIONS
A. ORAL
Vice Mayor Clevenger presented Mayor Callon with a proclamation signed by the other
four councilmembers congratulating her on passing the bar examination.
B. WRITI'~N
#1 concerning vacation of easement on Odd Fellows property discussed under City Manager.
#2 concerning claim for damages appears on Consent Calendar.
#3 concerning bend for traffic light re~erred to staff for study and report.
III. SUBDIVISIONS, BUILDING SITES, ZONING REQ_UESTS
None.
IV. PETITIONS, ORDINANCES AND RESOLUTIONS
A. Ordinance amending Chapter 6, Article I', entitled "Fire Prevention Cede" of the
Saratoga City Cede. (second reading)
City Manager explained that John K. Foote, 20910 Canyon View Drive, had requested
changes to the ordinance conc~/r~ing 'storage2of flim~nabt~or 'hhzardous ccmpressed
gases, with certain exceptions. He recu~u~ended addition of two more exceptions.
and adoption of the ordinance.as changed~pending a report frc~a Fire Chief.
Councilmember Clevenger stated she would prefer to adopt a cc~plete document, as did
Mayor Callon. CQunCilme/nber. Jensenvinquired as to the relationship of the ordinance to'
present conditioning process, especially with regard to water standards; she also
expressed concern as to whether illegal dunping might be encouraged by the ordinance.
~ndiguesti6ned' why"ih~ti~utional"ubes Qera f~ob included-in s~ction
locations fOrl.flan~mtble 'f~a~e~i~tsf' Chief K~aul~'noted tha% he had not had a chance
to review Mr. Fcote's amendm~?ts but could _complete~2=stu~d~yingithem~,in abouteti~weeks.
He also stated that the water standards !~ould not affect Saratoga's conditioning
procedures or-./the Hillside Ordinance. City Manager stated that dumping provisions
would not provide loophbl~!r! allowing. damping where it is not now allowed. Council-
member Mallory recxmxnended adopting the existing ordinance and making additions
later to save time. C].~'~ -'~h'~u'~c f?~j~L;"~G =d-zet he
Consensus to discuss at next meeting..
121~1
Mayor Callon proceeded to public heari~gs,-since the hour of 8:00 p.m. had arrived.
V. "P~BLIC HEAR/NGS
A. Reconsideration of grant of appeal of denial of design review application for a
two-story single-f~ily dwelling oh Lot 4, Carnelian Glen' Tract 6722
(Applicant, Dividend Industries)
City Manager reviewed history of appeal, and Planning'Director seized
· issues. The public hearing was o~p~ened at 8:15 p.m.
Jim Omsberg spoke as the applicantSappellant. He ~ointed out that the project
ccxnplied with the'new design review ordinance and 'required no variances. There
are similar homes in the area, he s~id, suDmitting a chart showing ccmparative
lot size, house size, and distances involved in the neighborhood.
Ralph Rodriguez, 14578 Carnelian Glen Court,. spoke in favor of'the ~ppeal, as
did Orville Johns, 14531 Herseshoe:Drive. Joe Schauf, 19965.Douglass, spoke
against the appeal, saying that the hcme should be single-story.. He stated
that trees had been r~noved and more are marked for removal, thus reducing
their privacy. He also expressed concern about drainage in the urea if the
· proposed house were built where a' ditch leadS to the creek. Mr. Schauf stated
that he had not been allowed to build a 14' cabana within 50' of the property
line, so' a two-story hcfae should not be allowed. Pat .Pope, 14356 Evans Lane,
spoke as a real e~ate broker who w~as the listing representative for the pro-
posed home. She stated that eucalyptus was a shallow-rooted, brittle tree and
that Mr. Omsberg had stated his intention to replace eucalyptus that were
r~novad with fast-growing. evergreens. Peter C~iD,' ~i~.6~o~of Mirk~tihg for Dividend
Development, suk~/tted photographs'purporting to show great~simi-leufities~between
the proposed home and the Schauf ahd Stokes homes.
Mr. 0msberg rose again to state that Mr. Schauf's home was about 120' frc~n the
hack of the proposed home, and h~is hc~e's orientation was such that his privacy
would not be impacted. FE added that any possible problems cOuld. be mitigated
by fLLrther landscaping to be done ~y Cmsberg. Mayor Callon asked whether any
eucalyptus had been renDved; Mr. Oresberg stated that no trees requiring a permit
for removal had been renoved to his knowledge; he ih~ended-~o remove no trees
except those on the footprint of the house or- near enough Eo the house to be
unsafe. Mayor Callon asked whether staff is noting trees marked for removal
on tentative map to be sure n~ore nrees~are- no~removed la~er. Coancilmember
Watson inqllired as to window urea near Mr. Schauf's house; Mr. Oresberg replied
that the'wa'l-~,~on"Mr.-'S~hauf's side !was the g~rage, ana ~in the second-story
portion onclthat° side?t~here~wereTho~windews. Mr. Schau~ again expressed concern
,for large trees marked for removal/-?!The-public hearing was closed aE 8:45 p.m.
Councilmember Mallory requested -that Mrl C~sber~ su~arize privacy issues-
Mr. Oresberg stated that he would build a fence and ~lantqlandscaping~between
his house and the Stokes and Schauf houses. The fence would be similur to
Mr. Schauf's. On further questioning, he 'stated that about s~x eucalyptus
trees impingLng on the house would be removed through the permit process;
surrounding trees would be maintained as much as possible as long as they
did not pose a danger leo the house.~
Mallory/Watson moved to sustain appeal. Passed 3-2 (Clevenger, Jensen opposed).
Councilmember Watson encouraged the developer to provide as much privacy as
possible. Mayor Callon requested that only Lrees be removed which were on
the pad of the house or posed safety problems, and those only through the
permit process. Counciimenber Clevenger stated she believed the 'house could
better be. built as a single story. Councilmember Jensen noted that it
appeared from the site plan, wkich had not been available previously, that
a number of very lurge Erees in the pool area were to be removed. She also
objected to bu~l~i~ on~ th~ ~op bank of a ~reek. Councilmember Mallory
noted the ccmmLitment to mitigate any privacy impacts ,and the significant disEances
between the houses.
· B. Consideration of final map approval, Tract 6454- 7 lots (Kendall Property,
Chester Avenue/Sohey Road)
City Manager explained that when2tehtative map was approved no public hearing
procedure existed. ?Since a subsequenE courE case,provided that public hearings
were required, City Attorney had recf~nnended that public hearing be held at
final map approval. CounCil action is almost a ~or~gohe.~ conclusion, slnc~
findings have been that conditions are~met. The public hearing was opened at 8:50.
3-12/2/81
Bill Heiss spoke as civil engineer for [he project,' saying that it was a
good project. -Councilm~mber Watson inquired as to Council' s options, and
City Manager stated that the Council must approve the final map unless it
makes findings that the tentative map cQnditions have not .been met. As
stated in the report, however, staff finds that the conditions have been met.
The public hearing was closed at 8:51 p.m.
Councilmember Jensen stated that she coFsidered holding a public hearing under
these conditions to be a slap in the face of the public. She-felt that the
City had erred because the necessity for a public .hearing had always .been law;
the court case had simply interpreted existing law. City Manager noted that
the City had changed its procedures as soon as the court determination had
bean made.
~allory/Clevenger moved to adopt Resolution 1344-02 approving final map and to
authorize execution of Contract for Improvement Agreement. Passed 4-1 (Jensen
opposed). ' i
C. Consideration of Change of nmmicipal election date from April 1982 per SB 230
by ordinance
City ~nager requested Deputy City Clerk to s~narize issues. She did so briefly,
explaining that the main issues were opportunity for higher.voter turnout and
clranatic cost savings through consolidation as opposed to opportunity for
more local attention and less politicization through non-consolidation. ~yor
Callon requested more information, including deadline for June ballot measures,
percentage of "drop-off" fo~ City officials, and location oR cities on ballot.
The public hearing was opened at 9:15 p.m.
David $,t~_u~r.~..o~.~, 28140 Woodside Court, expressed concern that local candidates
would not receive sufficiant attention in a consolidated election and that the
,votes cast in such an election would not be so meaningful, though,more votes
might be cast. He favored consolidation with a school board election if con-
solidation were being considered. Carrol Connor~, r~presenting. the Los Gatos-
Saratoga Board of Realtors, 'spoke against consolidation because of loss of
small-town election flavor. She reconmended that the City investigate con-
tracting privately for election services in combination with a nearby city.
Richard Martin, 13981 Pike, spoke in favor of mail ballots to increase voter
participation and save meney. · Ed Gc~ersall, 19817 Veronica, suggested delaying
any change until the next election cycle. Ernest Barco, 19101 Camino Barco,
recoamanded moving the election to June, to save money. and enable voters to
make fewer trips to the polls. The public hearing was closed at 9:15 p.m.
Councils discussed issues. Councilmember Clevanger stated that she would
like to move the election to June for economic reasons; she would prefer the
school board election time ~but opposed rextending t~e',terms .that long. Counci~
Mallory objected to moving the date because it would hinder the d~nocratic process;
he feared it would make the election p~rtisan and reduce the opportunity for the
voters to make thoughtful decisions; iny change should'be announced well beforehand.
Mayor Callon noted the higher voter turhout figures for cohsolidation and the
fact that the ballots themselves would 'not be partisan; she expressed concern over
the local candidates' becoming lost in .state issues. Coundilmember Watson
expressed interest in changing to June ~because of higher voter turnout; he felt
citizans' involv~nk=mt in municipal activities would thus he broadened. Councilmember
Jansen endorsed the June election; she expressed interest in using the money saved
for other purposes such as hiring a landscape maintenance person. She was also
'interested in the possibility of higher voter turnout.
City Manager expressed concern that a June consolidation would be undesirable
from the point of view of .fiscal year and bedget cycles and recommended that
the 1984 election he set for November. Council and staff discussed scheduling
requirements for changing election and'directed City Attorney to make changes in
ordinance presanted to consolidate with June election during break period.
The Council than recessed frown 9:40 to' 9:50 p.m.
City Attorney noted that ordinance aS ~mended could he adopted by la simple
· majority at the next meeting and would. be effective inmediately; it would
becc~e operative when approved by the Board of Supervisors~ Councilmember Watson
suggested that the City Manager begin to work on longer-term issue of reconciling
election with budget and fiscal cycles. City Attorney sutlaitted changes necessary
to produce ordinance c~nsolidating with June election.
Cleven~er/Jensan moved to waive further reading of ordinance consolidating the
~g_enerafl-municipa'l elections of the City iof Sarat a .With the J~ne, I1982 pr~
'~ ' 4-12/2/81
Mayor Callon then returned~' to items on the ~genda before public hearings.
IV. PETITIONS, ORDINANCES AND RESOLUTIONS (~ontinued)
B. Ordinance e~ing. Ordinance 'NS 3. ~4 relating ~o .offsite open house signs
in residential zoning districts (se~,ond reading)
Mallory/Jensen moved to waive! f~irther reading. Passed 5-0.
Mallory/Clevenger moved to adopt Ordinance No. NS 3-.48. Passed 5-0.
· Councilmember Jensen noted that 'sher had voted for the ordinance with the
clear understanding that if the Cit~ can obtain code enforcef~ent on the
weekends she may want to reconsider '~
C. Ordinance amending Section 11-3 of Ohapter 11 of the Saratoga City Code
concerning dog excrement in City pa~,ks (first reading)
City Manager explained ordinance as~ suhnitted. Mayor Callon expressed cencern
that the ordinance did not allow for disposal of excr~n~nt in g~rbage bans,
but required tenoval from the parks. altogether. Director of Maintenance
Services explained that health and safety considerations favored removal
of the excr~nent because disposa-l'-in garbage cans would leave the excrement
exposed. Moreover, City garbage cabs are mainly untihed'~metsl dr~T~s which
reqhire-staff time to clean. In response to CoUncilmember Watson, she
explained that ·enforcement could noZt be performed ~ull-time by staff, and
that citations would have to be written by the Sheriff'fs department or sc~e
other code enforcement method which may be developed. Councilmember Watson
~ointed out the need for adequate signing to gain public cooperation.
Councilmember Mallory inquired as ~o leash laws and the handling of mis-
demeanors. Maintenance Services Director replied that Saratoga does have
a leash law, and City Manager explained the possibility of converting mis-
demeanor offenses to infractions. This would allow the City to set the
bail schedule for those offenses and to handle cases without the involvenent
of police officers'or the ce.LuTts. ~Mayor Callon inquired as to appeals, and
City Manager stated that they would be handled by the courts either in the
case of infractions or of misdenea~ors. He also stated that it may be possible
to have the fines handled directly by,the City so that cost of enforcement may
be offset by fines. CounCilmember l Clevenger suggested that money collected
frcm fines be used for park maintenance. Councilmemb_~r Mallory noted that
people should walk their dogs in places other than parks.
Thomas P. Reddick, 12389 Larchmont, rose to speak in favor of an ordinance ·
such as that passed by Cupertino, Iwhich imposes an" increasing' fine schedule
and treats offenses as infractions. He objected to the health hazards of
exposed dog excrement.
Councilmenbet Clevenger stated that ~nforcement would be difficult; City
Manager explained that if violatort refused to identify himself employee
issuing citation would have to call Sheriff.
After further discussion, consensUS was reached to return ordinance to City
.Manager for rewriting, including making violation of ordinance an infraction
with specific fine ,schedule and allowing disposal of excrement in sealed
plastic bags in public garbage receptacles. ·
D. Resolution·revising CC&R'S for Tracts 6526and 6528 (Parker Ranch),
Blackwell Hc~nes, Parker Ranch Road and Prospect Road
City Attorney explained revisions fin resolution which would allow lerrger
residences than permitt/d· in present CC&R's, in accordance with new
Design Review Ordinance. Counci,ln,~mber Jensen expressed objections to
a unilateral change in CC&R's which had been carefully developed; she
believed houses presently in area were too large, a~d excessive flooding
was pessible. Councilfaem~e~. Cle{z~ngernexpress~d-'~dismay.~hatCouncil bad not
been aware of CC&R~s when Design R. eview OrdinanCe was developed. She felt
Ordinance might have been written fmore along lines of CC&R's had Council
been aware of them.
Watson/Mallory moved to adopt resolution =1047. Passed 3-2 (Clevenger, Jensen
opposed ). -
5-12/2/81
VI. BIDS AND CONTRACTS
None.
'VII. CONSENT CALRNDAR
Mallory/Jensen moved to accept and adopt Consent Calendar. Passed 5-.0.
A. Denial of Claim - Sharon Holmes.
Claim denied.
B. Approval of Warrant List
Approved.
VIII. ADMINISTRATIVE MATi'E~S
A. MAYOR
Mayor Callon reported that she bad receiyed a request frcm'Ma~. Moss, Chairman
of the Library Cc~mlission, for funding fpr cc~a~issioners to attend California
Library Association Conference.in Sen Frencisco, December 1~-15, 1981. City
Manager explained that i~had,~.be~n"_dxS~fi~.with Ms.'rMos~uthat she~would like
to, send two representatives for a total cost of $150, end that there was ~ufficient
mDney in the budget to cover this.
Consensus to authorize total of $150 for attendence of L'ibrary C~ssioners at
Conference.
Mayor Callon noted that she had m~t with~ the Library Conmission concerning Sunday
o~ening. She had found that Cupertino's~Sunday opening results in more than
~wice as many books' in cirCulatiOn as normal days. Money Which could be used
for Sunday opening would be available for another month or so, she said, end
if matter was to be reconsidered member 6f prevailing side would bave to do so ~
within about six weeks.
B. COIlNCIL AND CEMMISSION REPORTS.
Jensen - Wastewater Trea~nent Plent Capagity - Reported on reduced Capacity of
S~nitation District '#4 plent and rental of "excess"z capacity; overrun
of ~osts to increase capacity.
- O~dinence Revision - Suggested possibility of setting up Ordinence
RevisiOn Cc~anission to review entire Code, perbaps after General Plen adopted.
(City Manager noted that staff is working in this direction--conversion
of misdemeanors to infractions~ development of CcmmR/nity Services Officer,
etc. CounCilmember Watson ~ote~. ~th~t CounCil is constantly sitting in
review of ordinances as they are not meeting citizens' needs, end
Councilmember Mallory stated that Council should start with priorities
and problems rather than with ordinences. Mayor Callon stated the
Council should have a.workshop on goals and priorities in Jenuary.)
' Watson - Deferred report on garbage disposal tour until next meeting.
C. DEPARTM~VT .HEADS AND OFFICERS
1. City Attorney - Report re: Structure at 19467 Saratoga~Los Gatos Road
CitylAttorney made oral report on structure owned by Mr. Jordan which was objected
to by Mr. Robbins, stating that it was illegal when built because it encroached
into rear end side yard setbacks. He felt the City was estopped from removing the
building, but it could require a conditional use.~p~imit?F'
Charles Robbins, 19348 Monte Vista, rose 'to express satisfaction with the issuence
of a conditional use p~i~t. John HendriCks, 20011 Glasgow, a part owner of the
structure in question, stated his intention to refurbish the property for resale
without hurting anyone else. Counci. lmember Jensen objected to the possibility of
a kitchen' s being added to the structure/making it an apartment rather then a
guest house. City Attorney stated that that would be contrary to the Zoning Ordinance.
Councilmember Mallory suggested referring the issue to the proper~bedy for handling.
Mallory/Jensen moved to determine that subject bhi~ldinge· is an illegal structure
and to instruct City Manager to direct property owner to apply for conditional
use permit, to be processed as expeditiously as possible. Passed 5-0.
~= % °~" 6-12/2/81
D. CITY MANAGER
1:''~ General 'Plan
Planning Director su~narized General Plan review schedule.
Jensen~qatson moved to adopt General Plan review schedule outlined in
report dated 12/2/81. Passed 5-0.
2. Citizens Co~mittee on City"s_-Fi~ancialcCohcerns'
City Manager presented repor~ o~ subject and resolution, to be discussed
at next meeting.
3. Mu~icipat.~So}errU~i~ll~y Progran~
Mayor Callon reported on progress, saying t_hat portion, of State '.funds could
be used for staff time, in,'the amount of a~out S1400. She requested' allocation
of an additional $1600 frcm the City budget to alloW staff time of S3000.
City ~nager noted that in, addition to o_~p.tiens preyiously presented to Council,
a solar leasing program~.was .possible. _ ,, f_~-?
Watson/Jensen moved to allocate up to $1600 for staff time to work on solar
revenue-producing optigns. Passed 4-1 [Mallory opposed) .
Councilmember Mallory expressed lack of confidence in 'the proposed program.
and a desire to use the funds for other purposes.
4. Amendment to Stipulation for Settlement on'Fremont case
Consensus Eo discus~ 12/16.
5. Written Cu~.unication #1
Consensus to refer cu'm'~unication, whichEconcerns request for abandonment and
vacation of pedestrian/equestrian easenent on .Odd Fellows property, cto"ad
hoc citizens cu'~e~a ttee..~h'ich' had'be~n formed to studyf~nother easeRent;
cc~hittee will he joined by Councilmember Jensen.
IX. ADJOUR~ME~f - 11:15 p.m.
Respectfully sutI~itted
Grace E. Cory
Deputy City Clerk