HomeMy WebLinkAbout04-07-1982 City Council Minutes MINUTES
SAKATOGA CITY COUNCIL
TIME: Wednesday, April 7, 1982 - 7:30 p.m.
PLACE: Counc~l Chambers, 13777 Fruitvale Avenue
TYPE: Regular Meeting
I. ORGANIZATION
A. R01L CALL - Councilmembers Clevenger, Jensen, Mallory, WatsOn, and
7 Mayor Callon present at 7:31 p.m.
CFEI~SEN/MALLDRY MOVt~.j-APPROVAL .OF M/NUTES WITH CORRECTIONS NOI_'EU BELOW.-zPassed 5-0.
p. 3 - Mayor CalloD's position on UP 514 changed to "not participating" rather t~n "aBstaining." Vote was correct as shown (3-1).
-~ _., Cguncilmember WatsO~hsked for more detailed'minu{es and requested that
Mayor Ca~!lon's__reason for not participating in the UP 514 vote appear
' ~ --, Kin the '~jmdtes;i- r~f~w .of ,tapes- shows. that~-reason was stated _only
it i~ reiterated i~ite~ IViA. of ~hese minhtes.
p. 3 - Question raised as to whather Mayor Pro Ten' s statenent on Council position
on UP 514 was a personal statement rather than a reiteration of Council
position. Review of tape shows that statement was made in response to
Manager' s request for Council direction on preparation of findings, since
Council had voted 3-1 to reconsider previous position. Statement appears
to be intended as su~nary of the intent of the Council majority.
p. 5 - "Previous homes" changed to "present homes" in para~ 1, Item VI. B.
p. 6 - Jensen statement in para. 3 of Item B changed to "inquired as to whether
an ordinance aunendment providing that tentative maps could be approved
by the Council could be presented to the Council soon."
II. CONMUNICATIONS
A. ORAL
John Saunders, 13570 Beau~ont, inquired as to whether the Council would discuss
his letter concerning the Planning' C~'~,i~ission's requirement of a cul-de-sac
and changes in traffic patterns on Aloha Avenue. He stated that he was willing
to wait until April 21, and Mayor Callon requested staff ccmment one. the matter
for the next meeting.
B. WRI'iT~N COb~UNICATIONS
#1 concerning support for litigation challenging AB 699 regarding Cable TV
referred to staff.
#2 concerning opposition to AB 2480 mandating issuance of concealed weapon
#3 concerning disposition of Spaich property previously answered.
#4 supporting deletion of proposed General Plan Policy on circulation referred
to staff and Planning Cc~nission with request for report back.
#5 concerning false intrusion alarm ordinance referred to staff~
#6 concerning Legislature's use of PERS fupas referred to staff with request
for resolution to be prepared.
#7 concerning model ordinances on hazardous materials spills noted; resolution
#8 6oncerning proposed water assessrent district referred to staff with report
requested concerning intent of district as to inclusion of homes beyond newly-
benefits, etc.
#9-16kconcerning various resolutions to be brought up by individiml Councilmembers
if desired. Mayor Callon requested that Chat procedure be followed in future
meetings, end that resolutions not be .agendized unless brought up by Saratoga
groups, in which ease they could appear on the Consent Calendar.
Preston Hill, 196 W. Main Street, Los Gatos, in~l~red as to whether staff
would report on how la~.ge the water assessment district in #8 should ~e.
Conmunity Develop'Lent Director stated staff report would contain information
on which Counci'l could base its decision. George Tobin spoke as a repre-
sentative of Cocciardi and Cocciardi and Chadwick, requesting that dieection
be given as soon as possible, so that tentative maps would not expire.~
III. SUBOM SIONS, BUII~ING SITES, AND ZONING REQUESTS
None.
IV. PETITIONS, ORDINkNCES AND RESOLUTIONS
A. Resolution modifying a decision of the Planning Commission, mak~n.'~g
requisite findings, granting Use Permit 514 (continued frc~ 3~',t~7)
Mayor-Callon stepped down frcm her:~seat'as Mayor. ' (cleek's note: At
meeting of 3/3/82, Mrs. Callon had!explained that she was not ~Sarticipating
in this matter because her husband'bad a business relationship with one of
the applicants. ) Mayor Pro Tee Clevenger noted that Co~3cil had recently
found that if a sink hookup were allowed a toilet might be connected to it.
JENSEN/WATSON MOVED TO CHANGE CONDITION ADDED ~iN RESOLUTION 'TO READ '~NO
PL~4BING OR PLL~BING CONNECTIONS~ SHALL~ BE ALLOWED." Passed 3-1 (Mal.16ry
opposed). Ma r Callon did no~ paiticipate.. (Clerk:s note: Vote was
taken after ~ following discussion. )
Councilmembers wae~6~,_~.l~7.~d~l~'o~sk_'~e~-A~af~ey~t6f~Se structure was
required to or prohibited ~n ~ing~i~n6ing~ Ci~ ~tt0rney~stated there
was neither a requirenent nor a prohibition, and CommlEdty Development
Director cu~,~ented. that it was not '=unusual, with an attached garage, to
bav~ plumbing for various uses.
John Henricks, 20011 Glasgow, spoke as one of the applicants for the u~e
permit, stating that he was willing to accept permission for a sink wi~h
no toilet.
Councilmenbet Mallory stated that he was against the amendment because2 he
saw no reason to deprive the owners or future owners of an amenity which
is enjoyed by others; he urged the Council to rely on its sound judgmep~t
rather than its fears. Counci~r Jensen pointed out that the appl,icants
could bave a wash basin in the garage closer to the house. She favored
prohibiting plumbing because the structure could become a second dwelling,
which ~ould be difficult tO monitoE. Mayor Pro Tee Clevenger also felt that
the structure was very close to being a house with a two-car garage if!
plumbing were allowed.
MALLORY/WATSON MOVED TO.ADOPT RESOLUTION 1074 AS AMENDED. Passed 4-0. ~'
(Mayor Callon did not participate.)
Mayor Callon resuned her seat as 'Mayor and proceeded to public hearings as
r m ed.
V. PUBLIC HEARING
A. Ordinance restricting vehicle repairs in residential 'districts',
(second reading)"
CALLON/CLEVENGn~ MDVED TO AMEND PROPOSHD ORDINANCE TO ALLOW VEHICLFS NOT
REGISTERED TO A PEPSON RESIDE AT THE SITE TO BE ~PAIRED IF THE VEHICLE
AND EQUIPMENT AND SUPPLTF. q WERE SCRRRNED FROM PUBLIC VIEW .AND ENCIDSHD.
Failed 2-3 (Jensen~ Mallory, Watson. opposed). (Clerk's note: 'vote wa~
take after following discussion~nd public input. )
Councilmembers discussed screening requirements, possible enforcement prob-
lens, length of .time period for c~mpleting repairs, and need for ordinance
based on cunplaints. Councilmenbet2 Watson raised the concern that the~e
making complaints might he subject to harassment since their names couid
be part of .the publi~record. In answer to Mayor Callon, City.Attorney
explained that handling of offense was' identic~i to traffic ticket procedures.
The public hearing was opened at 8:15 p.m.
p. 3
Margaret Sherill, 14290 Paul Avenue, stated that main public concern was
situations where large numbers of cars were present on a lot. She also
expressed fear that if situation were dealt with through two ordinances
individ,~a]s might be able to avoid enforcenent by playing off the ordinances
against each other. No one further appearing to' speak, the public hearing
was closed at 8:20 p.m.
C6uD_cilL~discussed Mayor Callon's ~n~t to the ordinance. Councilmember
Watson felt that ~nendment was unnecessary because individ,~s would not
report even unregistered vehicles if they were screened frc~ view. Council-
member Mallory stated he wanted to make no major changes at this point; if
they became necessary later, they could be made at that time. Vote on the
amendment was taken, and the motion failed.
City Attorney reported that current ordinance prohibits storing an inopejative
motor vehicle longer than 120 hours in the yard of a residence or a vacant lot;
fullyoperational vehicles registered and licensed for use by a household member
are exempt, he said.
MALLORYYWATSON MOV~D TO ADOPT .ORDINANCE 38.106 BY TITLE ONLY, WAIVING FURTHER
READING. Passed 5-0.
B. Appeal of approval of tentative building site for two lots in the R-M-4,000
zoning district at 14230 Saratoga-Sunnyvale Road (Appellants, Mr. and Mrs.
Grover B. Steele)
Deputy City Manager explained that appellants had requested hearing de novo,
which would need to be continued to a later date,. and applicant had requested
one-month coAtinuance; she therefore recc~mended the de novo hearing be scheduled
for the first or second meeting in May. The public hearing was opened at 8:30 p.m.
Grover Steele, 20410 Walnut, spoke as the appellant, saying that there wore
several unanswered questions concerning the site approval. Mayor Callon pointed
out that the CounCil would hold the de novo hearing as re~/uested if he wished~
she explained whet de novo meant. Mr. Steele asserted that he had been instructed
to file for a de novo hearing by staff and implied that he had not realized the
de novo hearing would take place at a later date. (Clerk's note: Deputy City
Clerk, at a later point in the meeting, obtained a file copy of letter to Mr.
Steele dated March 18, which stated "If the City CounCil agrees to your request
for a de novo hearing, the public hearing will be opened and continued to a
later date," and ~tted it to Mayor. 'U '
Councilmember Mallory suggested to Mr. Steele that he might not want to make
his presentation tonight, since he would need to repeat it for the de novo
hearing. Councilmenher Watson also encouraged Mr. Steele to do so. Mr. Steele
stated that he could return at a later date and was willing to withhold his
testir~jny until then.
Council discussed on which date to held de novo hearing. Cc~munity Devel0pe_nt
Director stated that applicant had requested one month continuance and that
setting the meeting for the second meeting in May would allow him more time to
recover frc~ surgery.
JENSEN/MALLORY MDV~D TO CONTINUE TO DE NOVO HEARING 5/19. Passed 5-0.
CONS~SUS TO HAVE SIT~: VISIT 5/11 AT 7:00 P.M.
C. Appeal of conditions of approval of above tentative building site
(Appellant/applicant, Clarence Neale)
(See discussion a~ove. )
J~SEN/MALLORY MDV~]D TO CONTI~qUE TO DE NOVO HEARING 5/19. Passed 5-0.
D. Appeal of grant of variance and design review approval to construct
a sesoD~-Story ~adition to existing one'story hune which would main-
tain an existing nonconfouning setback of 32' at 13030 Houston Ct.
Applicant, Mr. and Mrs. R. Vernal; appellants, Mr. M. Christiano,
Ma. S. Calhoun)
Deputy' City Manager reported that Mr. and Mrs. Vernal had stated by telephene
that they were no longer interested in constructing the addition as planned.
Although staff had informed them that a written wit/Y]rawT~l' was -necessary, one
had not yet been ~eceiVed. Mayor Cullon asked if the applicants or their
representatives were present, and no one appeared to speak. Cone~Lanity
DeveloFmant Director reviewed hasis for appeul.- City Attorney then s.hg-
gested that appellshts be asked whether they wished' to have the appeal
continued. Mayor Callon did so, and Mr. Christiano said he°would lik~ the
appeal continued. She then asked if there were anyone else who wished to
speak, end no one appeared.
JtlqSElq/cr,~v~lqG~L~ MDVtD~ TO CONTINUE TO '4/21. Passed 5'0. ',
E. Consideration of amendment~ to' the Zoning Ordinance, the Subdivision
Ordinance, and hhe Grading 'Ordinance for the Specific Plan area,
which would create the Northwest Hillside Residential District~ and
repeal present zoning district, HC-RD '
Conrm/nity DeveloFraent Director seized history of proposed amendmelnts.
Mayor Cullon noted that ordinance ;needed to be adopted in early May t~ beccme
effective in early June. Deputy City Attorney then reviewed proposed amend-
ments as forwarded by the Planning Cu~uL.j ssion, pointing out which items had
been appreved by consensus and which had not, the grandfather clause being
one of the latter. Councilmember MallOry asked why the development criteria
should appear in this ordinance, s. ince it ulready appeared in the Sub~livision
Ordinance. Deputy City Attoniey replied that scmeone reading the ordinance
might not have occasion tO cross'reference the 'Subdivision Ordinance.; Coun-
cilmember Mallory expressed fear that if the sane material appears in two
ordinances there might be a conflict if one ordinance were changed ~ not
the other. Councilmember Watson asked if there were four ccmmlissioners
present at the m~eting where consensus was not 'reached, and Deputy Ci:ty
Attorney'replied that there were five, but' there had been abstentions.
He further noted that bormLissioners had been encouraged to submit mirbrity
reports if they wished. He then went on to explain the two possible 'inter-
pretations of "area" as used in the section prohibiting a structure on a
slope exc. eeding 40% slope, with the possibility of a variance. He then
ppinted Out the section prohibiting structures within eight feet freed the
top of the nearest adj.acent majorsridge, with the possibility of a v~riance.
Councilmember Mallory 'asked whether there was any redundancy in the ~ections
dealing with the storage of motor vehicles, boats, etc. Deputy City
Attorney Said he believed there was no redundancy, but that oould be ~covered
in the study sessi6~. i The public hearing was opened at 9:10 p.m.
Dora Grens, 131451 Old Oak Way, 'sp6ke as a participant in the General ]Plan.,
Adviso Ca~nittee. She stated that the General Plan docL~nents were not
intend~
to denigrate the Specific Plan, but to be used as
adjuncts 'tO it.
She further stated that some of her concerns had not been addressed, zincleding
a requirement for drainage lines to be in place before final inspection.
Such a requirement,' She felt, shoUld be in the ordinance. Councilmember
Watson brought up a letter fr~n Bill Heiss, and Mayor Callo~'noted that it
~hould be in the public record that the letter urged that sub-paragraph iii
in Section 3B. 6-Density be eliminated because it would reduce densitM below
the density in 'the SpeCific Plan. '
CONSENSUS TO QONT]IqUE THE PUBLIC HEARING TO 4/21. Mayor Cullon noted that
the Specific Plan would also be the subject of a study session 4/13. '
Councilmember Jensan stated that the ordinance under consideration was
much more liberal in scme ways than current ordinances and that this was
not the intention of Measure A. She felt the points that had been chhnged
fznm the current HC-RD ordinance should be looked at to cazYy out the
intent of Measure A. Mayor Callon stated the Council should look at a map
which showed how much acreage would be taken out through subtraction of
certain geological areas with respect to density. Councilmalber Jensen
requested that certain maps be provided, and Councilmember Mallory expressed
concern that Council 's wishes on grouping houses had not been followe~.
Deputy City Attorney stated that Planning Conlnisslon bs_j eliminated that
section fram Mr. Blayney's draft, 'as well as the concept of transfer of
developnent credits. Councilmenber MallOry expressed concern that the
Conmission h~_j ~established the minirmx~ ~ize lot as one acre and had decided
not to group. He believed ~hat the Couhcil and those who passed Measure A
had wished to provide for a rurul setting and open space as much as pas-
sible. Councilmember Watson asked that those matters be reconsidered; at
the study session. Deputy City A~torney ulso explained that design r~view
language in ordinance should be r~eonsidered when Design Review Ordinance'
is reviewed. CounCilmember MallOry then stated that as to design review in
the hills, different criteria such as color might be appropriate. Council-
member Watson stated that other factors such as design should perhapsi be
looked at.
p. 5
CouncilE~ber Clevenger spoke in favor of having one ordinance covering
all design ~review procedures, especiaIly since there was one instance
in which there was a conflict between the HC-RD ordinance I~ the Design
Review Ordinance. Mayor Callon asked what would happen when the first
trmes' in this area wore built under this ordinance in terms of design
review, and Deputy City Attorney replied that there was sufficient
language in the current Design Revie~ Ordinance to allow the Cc~mission
to consider color, siting, etc. Councilmember Watson served notice that
he would raise at the study session the credit idea. Mayor Callon stated
she would like sc~e oament frcm staff in terms of beth the repetition of
the subdivision recgl~renents in the ordinance end including some design
review criteria. CC~L~LLUnity Develu~nent Director cc~mented that map of
major ridge lines was posted, and he pointed out scme of the boundaries.
CONS~qSUS TO CONTINUE THE PUBLIC HEARING TO 4/21. The Council recessed
frc~ 9:30 to 9:50. Mayor Callon reopened the public hearing for a moment
to read into the record a letter frcm Dorothy Gloyd, DOuglas Bowie, and
Loren Bowie requesting that a certain property he excluded from the
Northwest Hillside Residential District; she requested that it be answered.
Councilmember Mallory requested that Mrs. Grens' reccmmendation concerning
the drainage be reported on~at the study session.
F. Consideration of revision to slope density formula in the HC-~D
I Zoning District to a 2-10 acre straight line formula (Section 3A.24)
Community Develolm~nt Director reported that Planning CuL,~Hssion had brought up
this matter so that certain HC-RD areas would have density requirenents similar
to those in the NHR District proposal. Ih~response to Counci~r Mallory,
he pointed out on the Zoning Map the affected area; in response to Councilmember
Clevenger, be stated that the area behind Hakone Gardens would be affected. Coun-
cilmember MallOry noted that the area affected was so 'small it was almost
localized zoning. Cainunity DeveloFment Director pointed out that when NHR'i~
ordinance goes into effect most HC-I~D will beccme NHR and only a small amount
will remain HC-~D; the Planning Cc~mission felt that that area was so similar
to the Measure A area that the density recgm~ reTe31ts should be the same even
though the number of parcels involved was small. Councilmember Clevenger
stated she felt it was matter of ~hou~ekeep~ng"i.tg_2obtai~ consistency; Mayor
Callon expressed concern for the property owners whose density would beachanged.
Cd~,~nlity DeveloFment Director noted that the public hearing had been noticed
in the newspaper and, further, that this ordinance had had much more public
input to the Planning Cu~u.~ssion than the NHR ordinance, particularly with
respect to building on a slope. In response to Counci'lnember Clevenger, he
stated he did hot know whether Mr. DiManto's property was involved. Council-
member Jensen stated she would like to include the Montalvo area even though
it was in public ownership, particularly the very steep area. She requested
a slope map so that Council could see what boundaries might be applied taking
that into consideration. Cc~mmlity DeveloFment Director replied that if Council
wished to extend the map, that issue would have to be returned to the Planning
Oa~mL,~ssien. Counc~ Jensen statedlthe map might be valuable tool before
takS_ng such a significant step. The public hearing was opened at 10:00 p.m.
Bob Saxe, Matteoni and Saxe, spoke as the attorney for Mr. and Mrs. Mauldin,
who had al~plied for building site approval modification for property in the
HC, F~) district; they found there was no express provision for varience when
the h~ne was to be built on a 40% slope. Planning Cc~mkission had r~ed,
he said, that Council afroend the ordinence to allow the variance. He stated
that there was no substentive opposition to the amendment by the Planning
Cc~l~issioners, but only objection-to proceeding on a piecemeal basis. Con',~unity
DeveloF~ent Director stated that Council might wish to make decision on whether
definition of sloperapplied to footprint of structure or building envelope before
proceeding with Mr. Saxe's concern. No one further apF~ared to speak. ~' ~f-
Council discussed whether decision should be made on variance procedure. Coun-
cilmember Jensen stated she would like entire slope issue re-examined with
accurate drawings at a study session. She stated further that Bill Cotton had
once recommended against exceeding 40% under any circunstances, and she feared
that Saratoga might be subject to problemus suffered by Other cc~munities which
allowed bu~ ]ding on 30% slopes and over. Councilmember Clevenger pointed out
that Measure A had set 40% as the upper limit, and she felt that Couheil could
not change en initiative of the people. CounCilmember Jensen felt that Couneil
ha_a latitude to do so if desired. Mayor Callon ~tated she favored mbking.~the.
variance procedure consistent but was not willing to spend time on defining
the several teuns involved in order to e~end the ordinance.
p. 6
Carol Mauldin, who had applied fox approval for a structure on a slope
over 40%, asked what would happen ~f her tentative building site approval
expired before the issue was settle. MayorlCal-l~n~n~t&dcthat Mrs. CMauldin
was seeking a privilege through a ~hange in current ordinances rather than
a right which she already had, and~ she could have built on the pre~ious
site. Councilmenher MallOry pointed out that the ne~ ordinances would
have to be ~cti~eze in any case by~ JuneZ2. The public hearing was
continUe_d. to 4/21. . . . . '
~Mayor' Callon th~_n proGeeded to items left unfinished before pUblie hearings.
IV. PETITIONS, ORDINANCES, ABD RESOLUTIONS (continued) -'
B. Ordinance amending the Zoning Ordinance by anending the Zoning
Map ~egarding APN' 391-04-11 (Congress Springs School Site)
-'fr~n Agricultural to R-1-1~,500
MALIDRY/CLEVENGER'MOVED TO ADDPT BY TITLE ONLY~ WAIVING ~ READING,
ORDIlqANCE NS 3-ZC-84. Passed 5-0.
C. Resolution prohibiting parking on a pertion of Paseo Pres~aa
cfi~n~ty DeveloFr~ent Director explained that cars were forced to drive
over chatter bars when cars Were ~rked in'area underf consideration.
Mayor Callon asked whether those affected had been involved, and COKnRF~ty
DeveloFment Director stated that he believed the structure 'was no~ yet in
'use. Councilmember Watson asked w~ether people'who might use a~_jacent
area had been notified, and Cfmmunity DeveloFmnent Director pointed out
· that a park was adjacent to the si~e, and the area across the street was'
. residential; 'he felt there were no '~current users that would be adversel9
affected. H~ also noted that there was sUbstantial on-site parking for
the office building, and that he believed there'had been input frcm the
homeowners association. Councilmember Clevenger cu~,ented that this
particular asseciaEion had been ee~cerned about notification and should
be notified. Mayor 'C~:a_l_10,.nf _~ requasted that the ~ssociation 'and the
property owner be informed of the f~act the issue was being considered.
Councilmember Jensen stated her belief 'that the proposed'measure was
'a neighborhood protection ' F ~ spro e~t'_the neighborhood from spillover
measure to t
parking frc~ the cc~anercial building. and to deal with a hazard. Council-
member Watson stated she was probably right, but the appropriate parties
should still be notified.
CONSENSUS TO CONSIDER AT M~TING O~ 4/21T
Mayor Callon.then proceeded to itens remaining after public ·hearings.
VI. BIDS AND CONTRACTS '.
A. Award of Contract for Cons ting Engineering S~rvices - Paul Avenue
ro Ised
Deputy City Manager explained p po contract, and Councilmember
Clevenger explained that after eng'~l~neering study was perfozmed the residents
would be asked for inpht. Councilmember Watson 'asked why input was not
take before the s~udy was made, a~d Councilmember Clevenger replied that
residents Would need to be informed of costs and d~tails of construction
i~hich would be generated through the study before they could provide input.
Deputy City' Manager and Ccm]nunity D~_elotm~nt Director pointed out that
study could be stopped at the end of one of th~ phases if support was not
forthc~ning.
CLEVEIqGER/MALIDRY E TO AWARD CONTRACT FOR CONSULTING ENGIN~:~:wJNG
SERVICES TO MARK T}{)MAS & CO. IN THE AMDUNT OF $21,300. Passed~ 5~0.
B. A~'atd O'f OS~tr~ - Old Wo~~ Road Storm Drain
Councilmember Jensen stated she would like to see a map of the project as
had been done with Bar~ Mill. Cu¥,~unity DevelotInent Director noted that
project was different frcm Bank Mil,1 because d~nage was occurring to street
surface and not private property. He went on to say that Saratoga had
.,
contracted with the County for engzneering services for this' project, and
lack of a catch basin had caused pr6blems frc~ spring anj storm water.
CALIDN/MAILORY MOV~D TO AWARD CONTR,A, UT FOR OLD WOOD ROAD STORM DRAIN TO
PACIFIC UNDERGROUND CONSTRUCTION, INC. IN THE AMOUNT OF $16,222.50.
Passed 5-0.
CALiDN/i_J~._S_EN MOVED TO AIIDC3ITE ADDITIONAL $4,222.50 FROM STORM DRAlq FRND
p. 7
TO CAPITAL IMPI~DVt~M[~Ff PROGRAM. Passed 5-0.
C. Award of COntract for purchase of City trucks
CounciLmember Watson asked why only ~wo bids were received. Maintenance
Services Director explained that bid was advertised for three trucks as
a unit to avoid possibility of collusion among bidders to bid on separate
trucks at higher prices. She believed the bids were oaLLpetitive, partly
because they were beth Ford bids and differed by several thousand dollars;
moreover, the low bid was below the estimate of cost. She also stated
that the low bidder was helding a $1,000 rebate if the Council ~Duld
award the bid.
AMDUNT OF $45,718.53. Passed 5-0.
VII. CONSEI~T CAT,FNDAR
A. Final Building Site Approval, SDR 1452 fWilson Development), Cunningham
Place
Ccmm~T~ity DeveloFment. Director stated that bonds had now been received.
and that he had received word fzt~ staff and an"~'L~pI6yeeTof the.".developer
that Mr. Becker's COncerns about the fence had been satisfied. Mr. Becker
was not present, but Mr. Wilson, the developer, stated that he had gone
over the plans with Mr. Becker, and his objections had been met.
WATSON/J~qS~ MDVED TO APPROVE. Passed 5-0.
B. Notice of Completion - Bicycle Facility on Quito Rd. and Allendale Ave. -
Phase I
MALIDRY/J~NStl~ MOVED APPROVAL. Passed 5-0.
C. Approval of Warrent List
MALIDRY/J~qSEN MOVED APPROVAL. Passed 5-0..
A. MAYOR
Mayor Callon commented that the news media had mentioned the COnflict of
interest matter brought up by Col. Barco recently; she asked that staff
respond in writing to the parties. Councilmember Jensen stated it was clear
that the Council had no jurisdiction; she stated that the current COnflict
of interest code was not in COnformance with State law. She reconmended that
Saratoga have a code that deals with that issue. Mayor Callon recalled that
the City had had a legal opinion before the last election that the code was
in COnformance, and she requested an answer frc~ staff.
Mayor Callon then noted that San Jose used its HCDA funds for many varied
purposes and requested that staff investigate the possibility of using
Seratoga's funds for other purposes. Councilmember Clevenger stated that
HCD COuld require that the funds be repaid if used for unsanctioned pur[oses.
Mayor Callon then stated that she and Mrs. Jensen had interviewed applicants
for the Heritage Cu'~'~'H ssion and would have a report at the next meeting.
B. CDUNCIL AND O0~E4ISSION REPORTS
i",~ D~'g~-_jt~. Planning Cu~t[ssion
General Plan Amendment - GPA 82-1-D, Saratoga Horticulture
society
Planning Director reviewed proposed amendment, which had been recurred'ended by
Planning C~l,~ssion for approval. Councilmember MallOry asked about lease,
and Planning Director stated he believed the lease was for about 25 years.
CONSENSUS TO SET THE PUBLIC HEARING FOR 5/5.
b. Appeals Ordinance
Councilmember Clevenger stated the Council needed time to discuss the .matter.
p. 8
Councilmember Jensen expressed concern about the cost of appeals.
CONSENSUS TO SET FOR STLOY SESSION 4/13.
Counncilmember Mallory mentioned that he would be out of 'town May 1-11.
C. DEPARTMEEqT HEADS AND OFFICERS
1. Cd~wfl~ity Development Director
a. Grading on Camino ~B~co
Councilmember Jensen stated that thL issue was not whether the grading
was warranted, but the perf6nnance 6f the grading during the winter.
Cainunity Develo~nent Director stated that the ordinances 'do not restrict
the time of such work, but it has b~en staff policy not to allow major
grading durihg the winter. He reported that the large am]punt of grading
was not expected at the beginning of the project and that the geotechnical
consultint had reqll~red more as the~work progressed. Councit~nsmber'Jensen
stated that there had been heavy impact on the creek and suggested that
such work not be allowed close to c~eeks. Mayor Cellon felt the matter
should renain discretionary t6t~taf~-fwith the creek problem noted;
Mayor Cello r en, had called her about the traffic
signal at Prospect and Lyle suggesting that Sen Jose instell the signel
and be repaid by Saratoga. Counc~ Watson rec~Li~ended that the
City continue to insist that the school pa~cipate as a full and vested
partner. Councilmember Clevenger discussed the possibility of paying
Saratoga' s share and permitting Sb~~ Jose to pay the school district' s share.
Councilmember Mallory asked whether~ the light was warranted, and Cc~nunity
Dev~lolm~nt Director replied that t~o of the warrants h~8 been met, which
is the generel threshold for justifying a signal; he noted that the acci-
dent warrant had not been met. He 'also stated that San Jose could use
FAU funds for 82% of the costs for Isuch a project but would probably not
want to pay more than 50% of the t~tal cost. Mayor Callon stated that
SbraOSg~a had cc~Taitted to paying 25~%; Councilmember Watson pointed out
that that was when the school district was expected to participate.
Cc~,m.~a~ity Develolmlent Director stated that the subject signal was second
in priority. Mayor Callon andqCou~i]~nember?Mall6ry s~ggested the possi-
bility of paying 25% over a period ~f fou~ years; Councilmember Jensen
stated she would like to know how Sen Jose planned to fund the signal and
then discuss a fair allocation of costs. Councilmember Watson suggested
that if San Jose paid 82% the City might be willing to share the remaining
cilmember Jensen inquired abo the signal at Brandywine or-Blaue~ on
Saratoga-Sunnyvale. Cu~i,,unity Deve~lolmlent Director stated ~t~"'i~ca-
tion of the signal was a "floating"/ condition on the proposal for the bank
at the shopping c~nter; he went on Ito say that the ~ank representatives
would be li~ely to favor the Brandywine location.when the appeal was pre-
sented on April 21.
c. Vista Regina (orel !report)
Cfmmunity Develotm~/nt Director stat~ed that ha would meet with the principals
and the City Attorney and report o~ the results at the meeting of 4/21.
d. Klaas ~che request~ concerning bend replacsnent
Ccmlnunity Development Director re rted that Mr. Pache .had obtained the
forms for bend replacerant.
D. CITY MANAGER
ad'us
1. Appropriations ] tments for unbedgeted legal expenses
CIEVR~GER/CALLON FKDVED TO APPROPRIATE $6,107.74 F~DM THE G~W~RAL FUND AND
$6,264.16 FROM PARKING DISTRICT ~4 IFUNDS FOR PAYMENT OF UNBUD~TED LEGAL
EXPENSES. Passed 5'0.
Councilmenher Mallory said he was ~leased to see the issues res61ved but
was concerned to lose a valuable service like Lyngso. Counci~ Jensen
stated her vote did
not reflect .any agreement on her part to pursue hhe
suits, but only her agreerent to ~y bills to which the City is cceluitteed.
p. 9
Mayor Callon culLplimented staff on work during recent stones and expressed
a desire to know. what was being done on Pierce Road.
Maintenance Services Director reported on work done by staff and an outside
contractor in affected area.
Councilmember Mallory cc~plimented staff and suggested that Saratoga News
do an article on their good work. s~',z~
IXiZ'ADJOU~4ENT. ~7.~ Z2
MALLORY/J~WS~ HDVED ADJOURM~ENT AT 11:15 P.M. Passed 5-0.
Respectfully suhnitted,
Grace E. Cory
Deputy City Clerk