HomeMy WebLinkAbout08-04-1982 City Council Minutes SARATOGA CITY COUNCIL
TIME: Wednesday, August 4, 1982 - 7:30 p.m.
PLACE: City Council Chambers, 13777 Fruitvale Avenue
TYPE: Regular Meeting
CLOSED SESSION - Litigation Matters - 5:00 p.m. - City Hall Conference Roc~
COD4v~TI'~:~.' OF THE WHOLE - 6:00 p.m. - Community Center Meeting Room, 19655 Allendale
I. Discussion of Council Priorities
REGULAR ME~TING - 7:30 p.m.
I. ORGANIZATION
A. ROlL CALL - Counciln~mbers Clevenger, Fah~tti, Mallory, D~Dyles,
and Mayor Callon present at 7:35 p.m.
B. MINUTES- 7/21
MALIDRY/CLEVtRqGER MOVED TO APPROVE THE MINUTES OF 7/21 AS SI/RVil'ITEU. Passed 5-0.
II. ~ICATIONS
Ao ORAL
There were no oral cOnmunications.
B. WRI'iTfI~
N6' Written communications required response or action except for #3 requesting
waiver of fees; this was deferred to Admj/listrative Matters, Item VIII.
III. SUBDM SIONS, BUILDING SITES, AND ZONING REQUESTS
None.
IV. PETITIONS, ORD]lXIANCES AND RESOLUTIONS
A. Resolution con~ding Sean Grovier
MALIDRY/FANRr.I.I MOVED ADOPTION OF RESOLUTION 2002. Passed 5-0.
B. Resolution raising Civic Theater Rental Rates
Jim Naiveson, ~epresenting the ~ity Players of LOs Gatos-Saratoga, spoke
against the rate increase , saying that it would be a financial hardship
for the dr~na groups and would reduce incc~ne to the City because groups could
no longer afford the Civic Theater.
Edward Hand spoke as President of the West Valley Light Opera Association. He
believed the increase would be a great financial burden, and he asked whether, if
the gross receipts policy went into effect, it ~ould be in addition to the rate
increase. Acting City Manager explained that staff was requesting Council direc-
tion on a gross receipts policy, and it was not in the implenentation stage.
Judith Sutton spoke as .a representative of Valley Institute of Theater Arts.
She explained that VITA did not have a signed contract for its Christmas pro-
gram, so they would have to pay the increased rates. She requested that the
rate increase be made effective after the program. because their budget was set.
Mayor Callon asked if the groups had made any alternative suggestions at their
meeting with staff. Maintenance Services Director reported that it had been
suggested that the rate increase become effective January 1 because of staff' s
prior policy that signed contracts did not have to be submitted until 30 days
before the proposed use of the theater.
Mr. Hand then stated, in response to Councilmember Fanelli, that tickets had
been pre-seld.
2-8/4/82
Frederick W. Hassett then sFoke for a period of 8 minutes, outlining
the history of the Saratoga Drama Group and the costs involved in its
productions. He also reported on various arrangenents other cities had
with their drama groups.and on the benefits' of the group to the City.
He expressed "a-":£~e-~'~,r rj. th~t:'~ the dr~na groups were being asked to
pay costs that should be berne by the City and asked that the City
extend consideration to the gTzoups.
· · Councilmenbers discussed the purpose of tl!e _fee increase, which was to
~re~ o'~ e:!r operating costs; possibility of re-calculating the increase
on a 365-day hasis to reduce it; the fact that Saratoga cannot be compared.
with other cities which have much larger tax revenues'; the possibility of
making the increase effective later; the lack of a logical basis for dis-
tinguishing between drama groups and other groups which' have had City
funds reduced; the possibility of raising City revenues through taxes or
other means.
FANRT,T,I/CLEV~qGER MDV~]D TO ADOPT RESOLUTION 780-22 WITH AN ~'F~CTIVE DATE
OF JANUARY 1, 1983. Passed 4-1 (Moyles opposed).
Councilmember Moyles stated that he favored making the effective date
August 1.
Since th~ hour of 8:00 p.m. had arrived, Mayor Callon proceeded to public
hearings as required by ordinance.
V. PUBLIC HEARINGS
A.1 Proposed General Plan Amendments 82-1B and 82-1C, Moreland School
District, E1 Quito Park School and Brookview School, to change
General Plan Designation fzom Cun.,,~mity Facility to Medit~n De.nsity
Residential; and 82-1-E, Spaich, Property at Northeast Corner of
Saratoga-Sunnyvale Road and Miljevich Drive, to change General Plan
Designation frc~ Proposed Park to Medium Density Residential
A.2 Approval of Negative Declarations on GPA's 82-1-B, 82-1-C~ 82-1-E,
and 82-1-D (Saratoga Horticultural Foundation, 5.72 acre parcel i~
lcoated at 20605 Verde Vista Lane, to change General Plan Designation
from Private Open Space to Meditm Density Residential)
A. 3 Consider resolution approving General Plan Amendments 82-1-B,
82-1-C, 82-1-D and 82-1-E
The above items concerning four General Plan Amendments were considered as
a single iten~ since they would be consolidated into one General Plan Amend-
ment if approved. The public hearing was opened at 8:15 p.m.
Robert Reasoner, Superintendent of the Moreland School District, stated that
the closing of the two schools had been necessitated by dropping enrol-lments
.ar~ that their sale was now required due to financial problems.
John Anderson, 1196 Forest Creek Drive, San Jose, spoke as a past president
of the School Board, stating that the district bad seven surplus sites, and
costs for the sch0ol~-diduhot decline even though enrollments declined. In
answer to Mayor .Callon, he stated that E1 Quito School and been closed for
about 8 years, and Brookview School, akout 2% ~ears. In answer to Council-
member Mallory, he stated that the declsibns on-which schools to sell was
based on factors which might result in increased enrollments, such as location,
population in the area, and the possibility of growth.
Sally Carlson, 12234 Brookglen Drive, spoke' as a member of the Property A~viso~
Con~aittee to the District. She stated that she had taken the minutes of their
meeting of Jan~ry 12, 1982, and noted that the PAC had not voted unanimously
on long-term lease of the site, contrary to the Saratoga Park Woods HontKTwners
letter Of February 22, and they had voted with the qualification "as long as
financially feas'.zble," which had been omitted from that letter.' She believed
that the B~ookview site should not be kept as open space to the detriment of
the District. Further, she expressed disnay that the Planning Conmtission,~= '
after once voting to approve the Brookview change, bad voted on June 24, 1982,
to retain it as a school site, although the item was not on the agenda and
no one from the District was present. She suggested that the homeowners asso-
ciation buy part of the property to retain as open space.
Jim Russell, 12777 Saratoga Court, spoke as a member of Saratoga Park Woods
3-8/4/82
Homeowners Association, saying that they had been addressing this problem
for a long time and were attempting to retain a more personal school system.
He asserted that those opposing his group were outsiders.
Williem Brermx)ck, 18831 Kosich Drive, stated that the drop in enrollments
was ending, and the school sites might be needed at a later time. He also
felt that Area D needed the open space. Brookview School, he said, is
the most profitable for the District because of their long-term tenant,
end a dffferentI~sch~ol site should be sold. Further, he believed that funds
from the sale would be used for capital improvenents rather than educational
progrins.
Janet HarriS, Ccmer Drive, spoke as Vice President of the Girls Soccer
League. She stated that the League needed the school site to use as a
field. In respenso to Councilmember Fanelli, she stated that she believed
the District bs_j performed the maintenance on the field, but she was not
sure they could continue to do so.
Chris Everett, 18829 Westview, spoke for retaining the school site because
the sale of the property would be a short-term benefit, but retaining it
would allow an ~alternative educational opportunity, besides making a profit
for the District.
Randy Schneider spoke as a member of the Saratoga Park Woods Homeowners
Association, Saying that the residents did want tong-term leasing of the
Brookview school site. He felt the District should help Saratoga.
Mr. Peasoner rose again to state that the District did wish to help Saratoga
and was, indeed, legally responsible for Saratoga students. The Board had
made the decision to sell the site, he said, and the only question was under
what General Plan Designation it would be sold. In response to Councilmember
Mallory, he said the District did not have the money to maintain the site
as open space, although they would like to do so.
Mr. Anderson rose again in response to Mayor Callon to state that if the
restrictions on the leassee were loosened, which might allow greater profit,
that would not be a major factor in the decision as to whether to sell the
site.
Councilmentors discussed the school sites, considering such factors as
ingress and egress; whether to act now would be "patchwork;" lack of open
space in the area; whether the d~nographics supported selling of the sites;
right of the public school system to sell its property; use of the property
being consistent with the neighborhood; possibility that residential
development might be less obtrusive than leasing; the inappropriateness of
Council making a decision which should be the school district's; possibility
of the residents' buying property for open space; possible inappropriateness of
the Planning Cul~fH ssion in voting, without a full conmission, to keep Brook-
view School as con]nunity facility when the fnlll ccm~mission had previously
voted to change it to mediun density residential~ possibility of returning
the matter to the Planning Commission; possibility of the hsmeowners'
forming an assessment districk to provide open space.
Robert Peck, The White Ccmpany, spoke as a representative of the applicant
for General Plan change on the Spaich property, saying that they were attempt-
ing to conform to the same map used when the property was subdivided.
No one furthelr appeared to speak on any of the General Plan changes, and
the public hearing was closed at 9:15 p.m.
FAN'RLT.I/MALIDRy MOVtD APPt~DVAL OF NEGATIVE DECLARATIONS ON GPA's 82-1-B,
82-1-C, 82-1-E, and 82-1-D (Saratoga Horticultural Foundation, 5.72 acre
pareel-located at 20605 Verde Vista Lane, to change General Plan Designation
frcm Private Open Space to Mediam Density Residential~~ public hearing held
5/5J82). Passed 5-0.
MOYLES/MALIDRY MOVED TO APPRDVE RESOLtFION 2003 APPROVING GSlqERAL PlAN
kMENDMENTS 82-1-B, 82-1-C, 82-1-D, and 82-1-E. Passed 5-0.
'M{~17~E~.~~ cu~,,ented that sh~ had reservations on the Brookview
approval, and CouncilmemberY~M~tul~'~- stated that ~he had reservations on
the process that had been foiio~.~
The Council then recessed from 9:15 to 9:35.
4-8/4/82
B. A~beal regarding SD 1521 and 1522, Gerald Butler, applicant/
appellant (Denial of tentative subdivision approval - 8 lots
Lira Dr. (access from Lira Dr. and emergency access to Vickery
Ave. ); and denial of Negative Declaration and tentative subdivision
approval - 6 lots - LSma Dr. and ~bntalvo Rd. )
Associate Planner Kerdus explained issues and re~6rted on aklditions-~ad~ to
the conditions listed in the staff report as follows:
SD 1522
SubmitS. irrevocable offer of dedication to provide for a '50'
right of way on Lira Dr. and 25' half street on Montalvo Rd.
Widen- remaining sections of Montalvo Rd. between Lira Dr. 'and
Saratoga/Los Gatos Rd. to provide a 26' paved area to City standards.
Prior to final approval, suhni~ CC&R's which include a private
road maintenance agreement.
Prior to final approval, comply with 7 mitigations listed on'
letter by Gerald D. Butler received 8/4/82.
SD 1521
Suki~it irrevocable offer of dedication to provide' for a 50' right
of way on Lira Dr. frcm Montalvo to tract beundary.
Subnit irrevocable off~er<, of dedication to provide 40' right of
way for streets within tract.
Improve Lira Dr. from Montalvo Rd. and all interior streets to
City standards, including the following:
1. Designed structural section 13' centerline and flowline
2. P.C. Concrete ~urb and gutter (R136)
' 3. Undergrounding existing Overhead utilities.
Prior to f/hal approval, subnit CC&R's which include a private
r= ~ ~'~ froad maintenance agreement. "
Widen reining sections of Montalvo' Rd. between Lira Dr. 'and
Saratoga-Los Gatos Ra. to-provide a 26"paved area to City standards.
Prior to final approval, comply with 7 mitigations listed on
letter by Gerald D. Butler received 8/4/82.
The public hearing was opened at 9:45 p.m.
Harry Lalor .spoke as a representative of Ruth and Going,' Mr. Butler' s
engineering firm. He explained why he felt that Mr. Butler' s subdivisions
should be approved, since his previous maps had been approved, and Mr.
Butler had agreed to mitigate any impacts.
David Smith spoke as Mr. Butler's attorney. He ~xplained the details of
Mr. Butler' s concessions as agreed to in a meeting with nearby hemeowners
and suhnitted a letter fr~n Mr. Butler dated August 4 agreeing to them.
Jack Christian, 20230 Bonnie B~ae, spoke as a representative of a con-
cerned group of Montalvo-Mendelsohn hc~eowners. He expressed concern over
the traffic and other inpacts and suggested that Mr. Butler consolidate
several lots so that there would be a total of T lots in order to further
minimize impacts.
Leo Shortino, 15252 Montalvo, spoke against the subdivision, stating that
the traffic patterns needed further study. -
Bill Ziebron, an urban planning consultant, inquired as to whether Council-
member Fanelli had had business with the applicant in he~ professi6nalf
capacity. CounCilmenber Fanelli replied ~he had had no business with the
firm since she had been employed by her pre~e_nt fhnn; she w6u]a have reroved
herself from the discussion if she had felt there was any conflict of
interest. City Attorney stated that he saw no'apparent conflict.
5-8/4/82
Mr. Ziebron then stated he felt the traffic impacts needed further study,
as well as the impact of possible additional develol~nent in the area.,
He comnented that since the City did not "have a Housing Elenent," the
Council could not make the required finding of consistency ~ith~he
General Plan.
Fred King, 15159 Montalvo, spoke against the subdivision, saying that
he had net been consulted as to the concessions made by Mr. Butler.
He believed the Planning Cc~mission disapproved the subdivision because
of traffic impacts, and the Council should do the same.
Bill Smith qt~stioned whether the subdivisions were consistant with
the General Plan and whether the cul-de-sac was too long.
Do~ Call, 3930 Montalvo, spoke against the circulation plan, saying
that his area was being asked to serve what was behind Vickery.
Margaret Dennis, 20201 Hill Avenue, opposed the subdivisions, saying
that Montalvo was holding more events, which increased traffic, and there
was more property to be developed.
Harry Lalor rose again to state that the additional conditions listed
by Associate Planner Kerdns were acceptable to Mr. Butler and to assert
that the roads would acoonmodate the traffic planned for them.
Jack Christian rose again to reoonme_nd putting a moratori~n on building
in the area.
Mr. Butler rose again, to2 state,,that he would~ .r~t ~ynsider~ consolidating
lots as suggested by Mr. Christian. He also stated the cul-de-sac was
no longer than was legal. He asserted that a~ many' as 32 lots l.could
not be developed in the area, although sc~e might he developed in an
area about one mile away.
The public hearing was closed at 10:35 p.m.
Council deliberated on issues. City Attorney stated that Saratoga has
a Housing Element in effect now and another in process; the proposed
subdivisions are in accord with beth. Councilmember Moyles stated he
did not wish to render judgment, since he felt the Planning CuL,~ssion
ought to hear the issue again on referral without prejudice frc~n the
City Council. He believed the EIR ought to he updated and the Planning
C~n~L.~ssion vote on the matter as a 7-member body.
FANELI,I/MALLORY FOVID TO APPROVE NEGATIVE DECLARATICN ON SD 1522. Passed
4-1 (Moyles opposed).
FANMLT,T/MALLORY MOVt~ TO APPROVE APPEAL OONDITION~D UPON OONCF-qSIONS
AGBw:w:~, UPON Ilq BU?LER L~I'I'ER OF 8J4/82 (1-7) AND CONDITIONS IN STAFF
REPORT, AS AM~qDBD 8/4/82, AN~ MAKING THE APPROPRIATE FINDINGS.
Passed 4-1 (Moyles opposed).
Mayor Callon then returned to itemins preceding public hearings on the agenda.
IV. PETITIONS, ORDINANCES, AND RESOLLFIONS (continued)
C. Ordinance amending Sections 2.3a, 3.3a, 5.3a and 6.5a of Ordinance
NS 3, the Zoning Ordinance, by allowing privat~"~h~'whether.'
'- they are proEit-making or not, to operate in A, R-1/R-M and P-A
Districts upon receipt of a use permit (second reading)
CALLON/MDYLES FDVED TO READ BY TITLE ONLY, WAIVING FURTHER READING,
ADOPT. Passed 5-0..
D. Res6tution consenting to modification of site development plan for
Tr. 6531, Ranche Bella Vista - T. Lerone, and amendment to CC&R's
MALLORYyFANET,T,I MDV~D TO ADOPT RESOLUTION 2004 WITH ADDITION OF PARAGRAPH
FOLLOWING CONDITION #2 AS CONDITION #3. Passed 5-0.
6-8/4/82
MayOr Callon then proceeded to items fol.lowing public hearings on. the
agenda.
VI. BIDS AND CONTRACTS
A. Authorization for Advertising for bids, Village Library Renovation
Councilmembers discussed issues, and Councilmember Mallory cc~l~e~ted that
the next tenant for the library might not approve of the improvements,
and if the improvements wore not m~e the City could earn interest on the
funds o
CLEV~qGER/MALLORY MDVED TO AUTHORIZE ~DVERTISING FOR BIDS FOKTHWITH
AND TO P~ ~:~:D WIT~ f~ P~DPOSED WORK. Passed 4-1. (Mallory. opposed).
Peggy Corr rose to cc~ment on the need to work out lease agreements wi~h
the tenants.
B. ContraCt for Law Enforce~uent Services with ~anta Clara County
MALLORY/CALLON MOVED TO APP~DVE AG~Fn~M~qT. Passed 5-0.
VII. CONSENT C~Lk~qDAR
CLEVENGER~FANRT.Li WOVt'3) TO APPNDVE AND ADOPT CONSENT C~L~NDAR. Passed 5-0.
A. Denial of Claim - G. H o Wood
B. Acceptance' of'~donation~ for'Cui~Uunity Libra~
C. Report on Teledyne MEC - Foot Race - 8/8/82
D. Report on C(mrnunity FOOtrace and Seventeenth Annual Fall Parede - 9/19/82
Resolution 2005
E. Approval of Warrant List
VIII. ADFLINISTRAT~.IVE
C~'-S~..'," MAYOR
C LLON/ mLe TO SUB m OF CO SS:ON
Passed 5-0.
CLEV~XqGER/H~LLORY ~XJVED TO ~PPOIIqT RICHARD SIEGFR~:~> TO THE PL~iNNI~G COI~ilSSION
TO FTT,T, THE UNEXPlbC~D TEP~I'.'OKfEIJG~XqE;Z~i~t~I'I'i kNq3 TO RF~PFOIlg~ ~ UPON
EXP~ION OF THaT 'i'~F~i IN J~'0A~ 1983~ TO ~PPOINT G~EG NET.T.IS TO FTLL THE
UNEXPIRED ~Et~t OF VIRGINL~ L~D~N F~I~.T.I THI~3UGH J~I~U~R~ 1984. Passed 5-0.
MayOr Callon reported that the Council bad made ~ policy decision to retain
the applications of trDse whe had applied for these vacancies and, if any
more vacancies occurred through Ja~ry~ 1983, to aFpoint an individual from
am3ng thDse applicants.
CONSENSUS TO C~NC~.T. STU3Y SESSION 8/24.
MayOr Calloh ~oted that Council had ~ receiving additional materials on
agenda it~us the night of the meeting and suggested a policy statement that
the CounCil would rot ac~c on important ib~s where materials are received
late. Councfln~auber ~byles cOncurred.
CONSENSUS TO T~KE UP ISSL~ OF TRAFFIC CONTROL IN SL~v~qER~ERICKSBURG
~ AT STUDY SESSION ON K'Di~_TE._:TOSBEJ~ORKED OUT BY
B. COLYNCIL ~ CO~J~SSION REFOi~PS
Fanelli reported she would attend the Finance ~n~visery Corm~fttce 8/5. She
stated she could not attend the next Flood Control tdvisery C~l.~ttce meetLug,
and City Manager was directed to have a staff member attend.
7-8/4/82
Mallory reported that the League of California Cities Peninsula Division
Meeting had gone well and encouraged other Councilmembers to attend.
MayDr Callon cu~,Lented that he had been voted in as first Vice President
of the Division.
C. DEPARTMENT HEADS AND OFFICERS
1. City Attorney
a. Tentative Map SD 1355, Tr. 6781, Heber Teerlink (Gerard
and Lambert, Inc_.)
MALIDRYyFAN~T.7.I MOVED TO DIRECT CITY ATIO~N~EY TO PREPARE AN ORDINANCE TO
BR/NG SECTION 18.2 OF THE SUBDM SION ORDIlqANCE INTO CONFORMITY WiTH
SECTION 66452.6 OF THE G0E CODE AND TO DIRECT THAT THE NEWLY-
ADOPI'~U TIME PERIOD WOULD BE APPLICABLE TO ALL SUBDIVISIONS THAT HAVE
BRRN"APPRDV~D AS W~.I. AS THOSE IN THE FUTURE: TIME PERIOD WOULD
BE 24 MONTHS INITIALLY WiTH THE POSSIBILITY OF E)~I'~/~DING 24 MOEq~HS.
Passed 5-0.
2. Cu~nunity Develol~nent Director
a. State Bicycle Program
Report noted.
D. CITY MANAGER
Written C~,~,unication #3 requesting waiver of fees for planter box sign
by Steven Walker was brought up.
OONStIqSUS NOT TO WAIVE ~'n~S; CITY MANA~ WAS DIRECI'~D TO RESPOND.
Councilmenber Mallory brought up an IGC matter concern/rig a' County Ct~cn_rter
Amendment .which!~Duld strengthen the language governing the role of the
Board of Supervisors; he suggested {he City of Sunnyvale he supported in
the matter. There was no consensus' to take a position.
MayDr Callon brought up another IGC agenaa itam concerning tariffs on
imported roses. There was no consensus to take a position.
The meeting was adjourned at 11:50 p.m.
Respectfully suk~nitted,
Grace; E. Cory
Deputy City Clerk