HomeMy WebLinkAbout05-05-1982 City Council Minutes MINUTES
TIME: Wednesday, May 5, 1982 - 7:30 p.m.
PLACE: City Council Chambers, 13777 Fruitvale Avenue
TYPE: Regular Meeting
I. ORGANIZATION
A. ROLL CALL
CoOncilmembers Clevenger, Jensen, Watson end Mayor Callon present
at 7:35 p.m. Councilmember MallOry absent.
.'. B. MINUTES -4/21; 4/26; 4/27
jeffsen/Clevenger moved to accept minutes of 4/2f with "should" in papa. 1,
page 4 changed to "would." Passed 4-0.
Councilmember JeqSen asked that tape recording be r~Viewed to see if
there was a motion on mass grading, p. 4, rather then. consensus.
(Clerk's note: tape was reviewed and no motion found.)
Jensen/Callon moved to accept minutes of 4/26 ~ith "have been" changed
to "be" in paragraph after motion to accept settlement. Passed 4-0.
Jensen/Clevenger moved to accept nhinutes of 4/27. Passed 4-0. '" '!
II. ~ICATIONS
George Korbay spoke on behalf of the Santa Clara Valley Water District
in support of Measure A, which would 'provide funds for fIoo~centrol
facilities. Councilmember. Jensen stated her support for flbod plain zoning
as 'th~ 'preferred alternativ~.I f.~eling].that.. this~ .was 'the-way tofface the
problem realistically. Mayor Callon believed the Council sbuld not
take a position until Saratoga was d~irectly involved. Councilmember
Watson stated that Saratoga %~ould benefit indirectly and supported
the program. There was no consensus to take an official position.
#1 reported above.
#2 concerning outdoor dining:
JENSEN/CLEVENei~ MOVED TO R~UEST 'THAT? THE PLANNING ~SSION CONSIDER
el'HER OUTDOOR DINING SHOe BE ADDED AS A CONDITIONAL USE TO THE
ZONING ORDINANCE. Passed 4'0.
#3 concerning claim for damages caused by flooding noted. City Manager
reported that official claim is expected in the near future.
III. SUBDiVt~fO~S,, BU~.DING SfrzS, ZONING REQUESTS ·
None.
IV. PIF~ITiONS, ORDIlqANCES AND RESOLUi'IONS
A. Resolutions concerning Landscaping and Lighting Act
_Counci-lmembers expressed concern that seine districts might be charged for
5City-widelbenefitS~and :tha~ ~some '~'r6per[y'' owhers ~migh~r feel .
their assessnent was inequitable and requested that homeowners associa-
tions in the affected area be notified of the public hearing.
WATSON/CT]E~F~NG~R MOVIe3 ADOPTION OF RESOLUTIONS 1075 A, B, A~ID C. Passed 4-0.
Since the bur of 8:00 p.m. had arrived, Mayor Callon proceeded to
public hearings as required by ordinance.
2-5/5/82
V. PUBLIC PF3~RINGS - 8:00 p.m.
A. Consideration of Changing General Plan DesignatiOn frcTa Private Open
Space to Mediun Density Residential (equivalent to R-1-12,500
z9ning) on a 5.72 acre parcel (A[N_ 503-20-091) located at 20605 Verde
Vista Lane (Saratoga HOrticultUral Foundation)
City .Manager and Planning Director revie~qed issues, noting that Ian Webb,
~re~repfeS~nt~tive?for the General Plan Citizens Advisory Ccrn~_ttee; con-
curred with the proposed change and that the underlying zoning wan R-1-12,500. -
The public hearing was opened at 8:lQ p.m.
colin Jackson, President of the Boar~ of Trustees of the Saratoga Horticultural
Fotmdation, explained the Foundation's future plans.
Jim Smaha, 20624 sevilla, spoke as a irepresentative of several families Whose
homes adjoined the subject property. He expressed the hope that the zoning
would be at least R-1-12,500, and it'wan explained to him that ,that wan the
underlying zoning. He requested that the decision be made as soon as ~possible
so that the residents would know the Council's intentions. Mayor Callon
noted that the-. Ce/neral Plan may be amended only three times per year, so it
would be desirable to consolidate the subject ~mendment with others in order
.tO-, tuse~.~ up as few amendments'as. possible. Councilmember Watson expressed
concern as to the status of General Plan amendments which were beinq con-
sidered by the Planning Commission and requested that they cc~ne before the
Council before he left office. CitylManager stated that staff could prepare
an update on the'amendments.
Fran Mills, 20552 Verde Court, stated that the neighbors wished R11-12,500
zoning.
Councilmenbear Jensen moved that the matter be continued to ~une 2. There wan
Councilmember Clevenger incp~rad~'~ to whether Council could indicate its
intentions in some way, and City Manager suggested perhaps a re~olution could
be prepared inndicating council intentions.. City Attorney noted that applicant
was free to sell his property now if. they are willing to sell subject to
conditions. 'that it be reclassified in the General Plan with no zoning change.
Mr. Jackson stated he felt there wouid be no buyers who would be ihterestad
under those condit, ions . Planning Director noted that Mr. Koh!l, Director of
the Foundation, was aware that the Council would not act on the General
Plan designation immediately and knew of his option to apply for a Change
himself.
In response to Councilmemk!er~ Watsgn,l City Manager replied that the amendments
Which were expected were th_~e General Plan changes being considered by the
Planning Cc~m~ission, the Housing Element, and the SaratOga Horticultural
Foundation change. Planning Director reported that two changes were being
requested by the M?reiand 'School D~trict, which were~expe~t~d to be combined
with the overall changes 'being considered by the Planning Cc~mission.
City Manager noted that the Council' s policy specifying certain dates for the
three General Plan changes ~o61d not go into effect until after the overall
General Plan changan were approved.
councilmeffaDer Jensen stated her belief that State law requires. no mere than
three changes to each eienent in the General Plan rather than three changes
to the General Plan as a whole. She therefore believed that Council could
make-ml.~hd-dseIa~jldmentS ~i.thoutiendangering the possibility of making
Housing Elefnent changes. City Manager noted that this interpretatio. n was
a new one to him. City Attorney explained that the cu{~on construction of
the statute was that the mandatory elements an a group could not be amended
more_than ~hree times in one yea~., =but some cities inteA1D_ret.ed_._the__s~ta. tute
as CoUncilmember
prohibit an inordinate number of Ets and that under CounC'ilmemlber
Jensen's interpretation Saratoga would be permittad 33 changes per year.
No one further appearing to speak, al vote~6hzcl0sing-the pUb~ic =hearing
was held.
3-5/5/82
WATSON/CLEVENGER MOVED ~O CLOSE THE PUBLIC HEARING AT 8:35 P.M. Passed
3-1 (Jensen opposed).
Councilmember Jensen said she preferred to continue the public hearing
to June in case the General Plan amendments were not returned to Council
before then.
Mayor call0n-asked t~t,~i~ General._.Plan amendments are not returned by
about the first of July, that thi~ subject be returned to the agenda.
Cns Gm N MOV TO TO PRIntS A RSSOLUI' ON n xc mG
PRELiMINaRY FINDINGS THaT THE S~fE BE CHANGED ~0M PRIVATE OPEN SPACE
M~DiL~ DENSITY .RESID~V~I~L. Passed 4-0.
Councilmember Jensen stated she preferred low densihy because there were
larger lots in back Of the site. Planning Direc~Dr stated t2aat .the closes~
R-i-20,000 was near Russell Court, to his recollec~cion. City Manager
pointed out the zoning On a .map, indicating ~hat the si~e was surrounded
by R-.!j12,5e~ zqning, aitheugh ther~ were fl~g lots which ~re'~arger.
C0uncilmember Jensen noted ~ha~ the large !cts would not ~ c_hanged
because ~ere was a iimit on number of lots off a cul~de-sac, and
zonin~ should be changed to be consistent with predominant adjacent
lots; she stated there was another island of R-i-20,000, so ~hat wou.l.d
not be a precedent. Councilmember Watson noted that there was a similar
si~hation near ~he Congress Sprin~s Schmol site; 'LTthe-:~ ,.~.predominan~
lots conformed' ~o ~ne zoning, 'and there were sc~ae larger lots. Council-
member Clevenger feared that ch~ngipg to R-l-20,000 would be Spot zoning~
Councilfi~mb~u J~nsen ~eiterated her belief that R-i-20,000 was the pre-
dominant pattam.
Aft~¢~voting for the marion, 'Councilmember Jensen explained that it was
a sompmmi .
~im Smaha asked ~hat "detached" be added to ~he nDtion, and' i~ was pointed
out that that was. required by the zoning.
Ma~or Callon then returned to items On the agenda preceding public hearings.
IV. F~.'I'iTICIqS, ORDIN~NC6S, 'AND RESC~UI'IONS {continued)
B. Resolution affiming granfing of Christiano appeal and denial
of Vernal application withou~c prejudice and making findings
CL~VENG~R/~TSON MOVED TO ~MM~D FInDInG #1 ~ SHOW THAT ~a~ MOT PLaN
SUBMITTED W~I~ THE PROPOSAL WA~ INA~ZUR/L~; IME PKAN WAS NC~P'DR~
SCALE, ~ THE OR~lqT/~'ION OF I~IE HOUS~ ON THE IDT WAS SBJjT~D. Passed 4-0.
~tqS~q/CLEV~qGER MOVED TO ~DOPT RESOLUTION i084A AS AM~MD. PaSsed 410.
C. Consideration Of ordinance revising slope density formula in the
HC-MD ZOning District to a 2-10 acre straight line formula
{Section 3~.24}
City Manager explained ordinance, noting hhat draft presented to
included-scme changes to be consistent with the NHR ordinance. He felt
the changes might be substantial, requiring re-introduction of ~be ordinance,
urnless Council could make findings that changes were no~ substantial.
Councilmember Jensen moved to- ~do~yc 0~!nance included in packet as Exhibit
A rather than draft referred to by Cit~' Manager.- There was no second.
City ~ttorney explained changas, noting fi~at Sec~cion iii on page 1 had
been deleted; on page 2 a paragraph bad been added stating ~hat City may
re~jre a 'reduction in the number of ¢Mellin~ units below the maximun
nunbar otherwise pemitted~ "Norfi~w~Stern _H. illside~' shsuid be changed"
to Hillside Conservation"; on page 3 there was. an- addition- concerning
building on slopes and one concerning severability.
JENSEN/CL~TV~.~qGER MOV~I) TO EDUCE BY TITLE ONLY, WAIVING FURTHER RFADING.
Passed 4-0.
Councilmember Jensen moved to request the Plannj_ng CdY~.~ssion to consider
including the steep area to the east in a similar density classification
and to look at the slope and decide what the bundaries should be. There
4-5/5/82
D. Resolution authorizing examination of sales and use tax records.
City Manager explained issues, and' Councilmember Watson asked ~hat-costs
would be involved. City Manager explained that Planning Director would
be asked to revie~ processes to see what was involved, which would take
about half a day or one day. In response to Councilmember Je~sen, he
replied that the State does not already conduct such auditS, and it is
camDn for jurisdictions to conduct them~r."Councilme~ber Watson asked
why the finance depa~SLe_nt did not perfore the work, and City Manager
stated that it was a matter of balancing workload and assessing priorities.
Councilme~r Jensen feared that the review might mean delving into
private affairs.
WATSON/Cr.RV~IqGER MDV~D TO. ADOPT RHLqOLUTION '1085. Passed 3-1 (Jensen opposed).
Mayor Callon noted that the review-i, would be directed toward cua~ercial
enterprises and that the information would be kept confidential. She
felt it was necessary for the Cityis financial planning, and Councilmeraber
Clevenger favored it to assure the'. City was obtaining the proper revenues.
Mayor Callon then proceeded to it~s on the agenda after public hearings.
VI. BIDS AND CONTRACTS
A. NOtice of Completion - Ov I of between and
er ay McCoy Quito Villanova
JE~S~q/~c~i~ YDV~D TO ~X2EPT NOTICE OF COMPLETION A~ AUTHORIZE FIL]lqG.
Passed 4-0.
IrIIZ. CONS~IqT CALENDAR
CLEVtlqGER/W'~TSON MDVED ADOPTION AND APPRDVAL 6F CONS~qT C~T.~NDAR. Passed 4-0.
A. Request for extension of improvement agreement - Politi
B. Resolution. No. 1086 cum~ending Steve C<xx]man
C. Resolution No. 1087 concerning Municipal Clerks' Week
D. Approval of Warrant List
MAYOR
Sheriff ' s Substation
Mayor callon reporteo that there was to be a meeting on the Sheriff' s sub-
stetion~ and-the notice of the meetin9 stated the City had tentatively
approved the substation. City Manager reported that there had probably
been a misstatement in the notice, because the City had not indicated
any tentative approval for the substation.
Orienteering Walk
mayor ~a~-on then reported that she had received oomplaints with respect
to the Council' s granting a permit for the Pierce Cen~on Remeowner's Walk~
since its' puzlSose was to raise campaign fLm~s for Council candidates.
CounCilmember ~ensen noted that the association had not taken a position
suppDrtin9 any candidates as yet. City Manager stated that he had also ·
received a cu~laint and had pointed out that the City was not, endorsing
the raisin~ of ca¥~aign funds ~ but was only authorizing that the event be
held in accordahce with its ordinances and had also required. liability
coveraWe. Councilmember Clevenger stated that Council action had been
simply ministerial. Councilmember Watson -said that it was interesting
to note the eharges and countercharges made in the heat of a c~l~aign~
and that the action had been ministerial.
Ui'z.B!=r(DDUNCIL--A~D ~SSION REPORTS
Library Task FOrce
Councilmember Clevenger asked the Council what specific concerns they wanted
addressed in the Task Force's report. Councilmemke~ Watson stated he
was concerned about minimizing maintenance costs and creating- a positive
image and citizen enhancement frcm .use. Mayor Callon expressed concern
5-5/5/s2
that the cost factors be addressed, as well as reasons for the uses re~Dm-
mended. Co~qcilmember Jensen stated she would like to see scme alternatives,
along with the rec~l~e_nded use; she would like to know whether all the g~oups
could work together in the allotted space. She also expressed concern about
the possibility that use of library space might constitute a gift of public
funds.-- Councilmember Clevenger noted that Councilmenber Mallory had
brought up the problen that the City might not have the funds to make
the capital improvements necessary before any use could be made of the
building. She felt that the task force could not address that specifically','
since they are proceeding on the assLmption that the i~prove~ents would
be made; othe_~wise their work is academic. Councilmenbet Jensen then
brought up the possibility o~° correlating the provision of a corm~m/ty
room with approval of use permits for financial institutions, saying that
that was not appropriate for the report to ~dress.
Transportation C~,L,~ssion
Councilmember Watson reported that Congress had authorized funding the
Gua~alupe light rail study.
"Last Epidemic"
Councilmember Jensen re~orted that the "Last Epidemic" had been shown
recently and ir~p~ired as to whether the Council would like to sponsor
a showing at a study session, since preparedness is a Council responsibility.
Councilmembers noted that the film had been shown on television and at the
Cc~m~ity Center. Councilmenbet Watson asked if it concerned a local issue,
and upon learning that it concerned nuclear war, he stated he would ~iew it
on ItelevisiOn. and would not recc~nend Council sponsorship. Councilmember
Jennsen stated that it was a local issue.
Medfly Posting
Councilmember Jensen noted that Council had received notice that abandoned
orchards were to he posted with notice saying that fruit was not to be picked.
She felt this action was extreme. M~ntenance Services Director reported
that the Department of Agriculture was taking the action without asking
permission frcm cities.
Mobile Hc~e OrdiDznce
Councilmember Jensen stated that she believed Council had never' returned
ordinance formally to Planning Cc~mission. City Manager stated he recalled
that staff had been directed to inform Planning CuLul~ssion of the changes
they wished to make in an ordinance, and staff had done so. Councilmember
Jensen stated in Cove~ment Code Section 65856 a public hearing was man-
dated u~on receipt of the Planning C~.~ssion's recorm~_ndation. City
Manager began to explain that Council had traditionally made recc~enendatiuns
to Planning Cc~mission through study session referrals. Councilmember Watson
then stated he would like to agendize the issue. In response to Mayor
Callon, Planning C~.~ssioner Zambetti stated that the Co~m~ission had dis-
cussedI'itTand~planned to continue it until the Deputy City Attorney was
present. Cc~missioner Monia, he said, had asked whether direction frum
Council was needed. Counci~ Clevenger suggested holding a public
hearing. Councilmenbet Watson felt public input was needed. C~H ssioner
Zambetti then noted that the Planning Co~mLission had held a public hearing
quite a fe~ manths ago.
City Manager stated he would like to get clarification of Council procedure;
he believed that Council reached consensus decisions at study sessions which
constituted direction to the Planning Con~r.~ssion; there seemed to be seine
question as to whether the procedure was adequate~ to ensure cooperation.
Councilmember ,Watson stated he believed that the issue deserved the brief
time that a public hearing would take. Mayor Callon reviewed history of
ordinance, starting with State requirement that s~mething n~lst be done
about manufactured busing. and going through the joint meeting with the
Planning Cc~Lission at which the Cc~mission asked to re-open the issue
because they wanted nDre adequate information. Council, she said, had asked
for a formal request to that effect, and the Cc~m~ission bad done that at
their next meeting. She did not sen any reason to take it away f~o~n the
Cu~,,,.~ssion after giving it hack to them. Councilmenbet Watson stated he
would like to get it hack because he wanted to consider it at a public hearing
before he went out of office. Councilmember Jensen stated she wanted to have
a public hearing so the Council could take scme action. Councilmember Cle-
venger said she would like to hear frcm the public before giving direction.
6~575782
Council discussed procedures further, and City Attorney pointed out that
Council does not have anything in final form frcm Planning Cuf~ssion at
this point. Con~tissioner Zamb~tti confirmed that and stated that the
Conm~ssion needed direction on definitions. '
WATSON/CLEVENGER MOVED THAT ISSUE BE AGENDIZMD FOR INFORMAL PUBLIC HEARING
5/19 FOR INFORMATIONAL PURPOSES. 'Passed' 3-1 (Callon opposed)~
Mayor Callon stated she felt the issue was being raised out of concerns
other than n~rmal City processes, so she did not support the motion.
Councilmember Watson stated bisl Ihepe that the nowsp~per would write an
article about the. public hearing. '.
Councilmember Jensen noted that she had wished to held a noticed'p'ublicE~hearei~~
ing so that she could vote against the ordinance. She felt it allowed the
State to interfere with local business. City~Mitnag'er:ipointed out that
although Council could hold a public hearing, the Planning. C/mlnission had
voted to reconsider the ordinance~ so Council Q661d not have the ordinance
fozlnally before then. Mayor Callon felt that probably no one w601d appear
to support manufactured housing; Councilmember Watson believed she might
be surprised.
Appeals Ordinance '
Councilmember Jensen requested that an ordinance be presented to the
Council soon with the issue of appeals being de novo included but not
the extra itens which had been presented to the Council. City Manager
noted that it was noticed-'as~a-pUblicT lhea~ing'for 2the"next meeting.
It could then be adopted June 2, he said, unless Council made substantial
.changes not considered by the Planning C~t.~ssion; if !suChCchhnges were
made it would have to be referred'back to then before Council action.
Animal Ordinance
CounCilmember Jensen' asked when' the animal control ordinance was to
return to Council. Mayor Callon said she believed it was to be heard by
the Planning Connuission in May.
1. Planning Conm~ission
a. land Development Conmitt~e
JENStlq/CLEV[NGER MOVED TO DIRECT THE CITY ATTORNEY TO PREPARE' AN ORDINANCE
EXTENDING THE ORDINANCE SUSP~lqDING THE LAND DEVELOPMENT COMMITrEE FOR AN
ADDITIONAL SIX MONTHS-SO THAT THE COUNCIL COULD STUDY THE ISSUE. Passed 4-0.
b. Zambetti Rezoning C-199
Cul~t~unity Development Director explained proposed rezoning. Eugene Zambetti,
1444 Big Basin Way, spoke as the applicant, 'explaining further details of
the history of the proposal. Councilfiember Jensen asked if the Historical
Heritage Conmission could consider these issueS. Mayor Callon noted that
CounCil would be presented with this issue later in the process and asked
why it was appearing nowj ~iC~m~unity DevelotIoent Director raplied that
it was being suhnitted as a matter of information to indicate conceptual
approval by the Con~ission. City Attorney stated that if Council could
give the applicant an idea of whether the proposal was acceptable to Council
in concept, that would give the Planning CcxmLission some guidance as to
whether to develop an overIay district for the Village. Councilmenber
Jensen felt it was appropriate to'go through the General Plan process
before deciding whether an overlay zoning district was necessazy for the
Village. Councilmenbet Watson ~uggested holding a public' hearing on
the matter so that the Council coUld give direction on the overlay concept.
City Manager ccmTented that the problem was that City ordinances did not
set up a procedure by which the r.equest could be handled without violating
a principle of proper zoning or planning. He suggested that the lot be
rezoned PA,' which would establish the ~xisting dwelling as a non-conforming
· use and would permit an office on. the lower portion of the lot. Council-
member Clevenger remarked that the.neighbors should be concerned if the lot
ware zoned PA. City Manager believed the neigbJ3Drs were concerned ~rimarily j$'
about cu~ercial rather than PA use. Councilmember Jensen stated that she
bad heard many objections to moving of house. She was also concerned
-..~,~
7-5/5/82
about adding density and uses without sales tax income. Councilmember
Watson stated his m~n concern was the possibility of setting aI pre-
cedent; otherwise, he endorsed the concept. Mayor Callon asked why
Mr. Zambetti had been included in the parking district, when he did
not have a use on the property. Counci~ Jensen ccxm~anted that
he may have vollmtarily joined the parking district, and Mr. Zambetti
stated that he did not do so voluntarily.
CONSENSUS TO AGMqDIZE FOR A STLDY SESSION SO COLNCIL OOULD STLDY
BACKGROU~D OF PROPOSAL.
'_'~. C.j DEPARTMEIQT HEADS AND OFFICERS
1. Cux'u~unity Developnent
a. Paul Masson noise problem
Cu~.L,unity Develol3nent Director explained that problem seemed to have
been solved. Councilmembers expressed satisfaction.
D. CITY MANAGER
City Manager reported on forun on Highway Financing Task Force scheduled
for May 13 at which feedback frnn city governments would he solicited.
Counci~ Watson noted that representative of that group had given
him the impression that they favored using funds for highway expansion
rather than maintenance, and he hoped a CounciLmember could go to speak
for the other side. Councilmember Clevenger said she would like to go
if her schedule permitted to speak against expansion of the highway
system.
Councilmenbear Jensen noved that the Council send Councilmember Clevenger
as an official representative to speak on the Council' s behalf. There
was no second. She pointed out that Council had supported SB 215 so
that Sirdtoga could maintain the streets that it has; she feared that
the funds might be diverted into additional obligations rather than
maintenance. CounciLmemlber Watson agreed the funds should be used for
maintenance, as did Mayor Callon.
City Manager then noted that Assemblyman Vasconcellos ~Duld be at
a meeting of IGC on May 6; he would discuss impact of State budget on
local gove~xu~ents. CounCilmenbet Jensen stated She would like the
oil severance tax to be dealt with realistically so that bills could
be paid.in that way rather than from City bidgets..
City Manager distrib~ted-a lettei from~' Kathy McGoldrick ccmplaining
about noises in the'E1 iQuito Park area.
CONSENSUS TO REQUEST A STAFF REPORT ON THE SITUATION.
IX. ADJOURBX~NT
WATSON/C~,RVENGER MOVED TO ADJOURN TO CLOSEDiESESSIONiLON LITIGATION AT
10:30 P.M. Passed 4~0.
Respectfully suhnitted,
Grace E. Cory
Deputy City Clerk