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Home My WebLink About09-15-1982 City Council Minutes SL~iMARY MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, September 15, 1982 - 7:30 p.m. DEE: Civic Theater, 13777 Fruitvale Avenue TYPE: Regular Meeting I. ORGANIZATION A. RDIjL CAlL - Councilmembers Clevenger and Mallory add Mayor Callon present at 7:30 p.m. Councilmembers Fanelli and Moyles absent. B. MINUTES- 8/30; 9/1 MALIDRY/~GER ~ ACCEPTANCE OF 8/30 MINUTES_AS SUBMI'FI'~U. Passed 3-0. CLEVENti~M/CALIDN ~DV~D ~/3SEFtANCE OF 9/1 MINUfES ~1'1'~ DRLk~DION OF ~DF~) "BEST" IN Rklb'ER~XqCE TO QUALIFICATIONS OF NEW PLANNING CO~4ISSIONE~ IN DISCUSSION OF WRITI'EN Cf]~4LEqICATION #2. Passed 3-0. II. CEICATIONS A. ORAL - No one appeared to speak. B. WRrrrzN #1 COncerning traffic problen on Farwell Avenue referred to staff to take felt Bots Dots wo~d not create excessive noise. ) #2 requesting direction on develoFment referred to staff for reply informing Mr. Thomas of his options. #3 requesting three-way stop and speed limit reduction referred to staff for report at study session_10/26. (Mrs. Schmid suhnitted photos of site.) III. SUBDM SIONS, BUILDING SI'I'P~S, AND ZONING REQIESTS None. IV. FmriTIONS, ORDINANCES, AND PalESOLUTIONS A. Ordinance amending Ordinance NS 60.11 by extending the term for which the Planning Cc~rmission shall he the advisory agency under Article Three of the Zoning Ordinance (seCOnd reading) Cr.k-V~I~GER/MALIDRy MOVED TO READ ORDINANCE NS 60.14 BY TITLE ONLY, WAIVING FITRTHER READING, A~D ADOPT. Passed 3-0. B. Resolution designating the intersection of Blue Meadow Court and Sum~er Drive as a Stop Intersection CAI.TON/MALIDRY NDV~D TO ADOPT RESOLUTION MV 154. Passed 3-0. V. PUBLIC HEARINGS A. Appeal of denial of variance request and design review for a one-story addition which exceeds the maximun allowed floor area at 14156 Short Hill Court (applicant/appellant, Mr. and Mrs. W. E. Muir) City Manager explained that appeal was a de novo hearing under the City' s revised ordinances, and Conlnunity Develol~nent Director e~plained issues. The public hearing was opened at 8:10 p.m. Henry Krause, 14183 Chester, stated that as a nearby neighbor he theught the ~adition would have no impact on him. Walter Muir, 14156 Short Hill Court, spoke as the appellant/applicant, stating that he wished to use the ihcteased room_for storage and living space. He felt the Design Review Ordinance was too strict, as it restricted his use 2-9/15/82 of his property. No one further appearing to speak, the public hearing was closed at 8:15. Council discussed issues. Councilmember Clevenger and Mayor Callon felt the Design Review Ordinance was not intended to restrict additions such as that proposed, since it did not change the character of the. neighbDr- hood; they also felt they could make the other required findings. Councilmember Mallory could not make the findings, and he felt that if thelordinance was not effective it sheuld be changed rather than being ignored. Mayor Callon agreed the ordinance should be changed. Counci~ Clevenger seized the findings by stating that there were exceptional circunstances be6ause of the lack of privacy impact, the large setback in the rear, and the elevation of the lot in front; there was physical hardship because of the presence of West Valley College across fr~n the lot; strict or literal interpretation of the ordinance would present a hardship to the property owner because he could not meet the needs of his family. without the addition; granting the appeal:would?f]Dt~.imply special privilege because others have been granted'in the area; the proposal was not detrimental to the health, safety, or welfare. CLEVENL~/</CALLON MDVED TO GRANT APPEAL AND DIRECT STAFF TO PREPARE A RESOLUTION ~LAKI~G FI~IDINGS TO THAT ~'F~L~ AND CONFIRFLING GRANT OF APPEAL. Passed 2-1 ~allory opposed). B. Ordinance amending the Zoning Ordinance by adding r~staurants with outd. oor dining to the list of cendihional uses in all cun,Lercial zoning districts, deleting conflicting ordinance provisions, and amending Article 11 to provide parking requirements for outdoor . din~.g, with the ~sseciated Negative Declaration (first.reading) CounCilmember Mallory expressed concern that pizza parlors might have patrons who would abuse the outdoor dining privilege, and Council dis- cussed possibilities for restricting the privilege. City Manager hoted that it wou~d be difficult to exclude classes of restaurants in advance, · but that the, Planning C~'~i¥.~ssion could consider such factors as nDise, 'unsightliness, attraction of crowds, and undesirable behavior at the time the use permit is requested. The public hearing was opened at 8: 30. Ed Bolge~, 13627 Vaquero Court, spoke as a ~ of the Planning Cc~mission who had voted against the Conmission's reoonmendation to approve the ordi- nance. He preferred to have outdoor dining only in the CC District and perhaps in the C~q District, where homes could not be impacted. No one further appearing to speak, the public hearing was closed at 8:33. CT.RVENGER/CALLON MJDV~D TO INTRODUCE ORDINANCE, WAIVING FUREqER READING, AS SUBMI'iT~U. Passed 3-0. Mayor Callon rezfuested a staff repDrt on the possibility of adjusting the parking requirement to allow for'moving tables frc~ the indoor dining area to the outdoor dining area. VI. BIDS AND CONTP~ETS A. Award of Bid - Village Library Renovation Community Development Director reported that a single bid had been received, and the bid was much higher than the estimate. He did not reoonmend accepting the bid. City Manager reported that ~he prospective tenants of the library had found they may not be able to meet the rent requirements. He suggested a study session to consider the entire question. CONSENSUS TO" SCHEDULE FOR STLDY SESSION. VII. CONSENT C~T.RNDAR CLEV]lq~/M~LLORY FDVED ~/2U~FfANCE A~D ADOPTION OF THE CONSENT C~T.RNDAR. Passed 3-0. 3~9/15/82 A. Denial of Claim - Masso and Koelzer CLAIM B. Appointment of Planning CumHssioner to Heritage C(m~Lission C. Final Building Site Approval, SDR 1515 (Aloha Avenue) APP~DV~D RESOLUTION 1515-2. D. Exchange of Surety for S~R 1401, Tate, Sobey Poad APPROVED. E. Notice Of Completion - Fruitvale Avenue Bike Path APPROVED. F. Installation of Traffic Signal at Lyle and Prospect G. Approval of Warrant List APPROVE~. VIII. ADMINISTRATIVE MRIT~2{S A. MAYOR Callon announced'the appointment of Martha Clevenger as representative to interim ROute 85 Policy Board. Callon re~ort~d that the Sheriff's substation issue was before the Board of Supervisors on the previous day and was continued. She also noted that Councilmember Moyles had offered to convey ahy message frcm the Council to the Board. There was consensus to allow Mr. Moyles to speak to the Board regarding what the Council had previously stated, especially concern over City control of design and use of the building. Callon then reported that the proposed consolidation of the Central ~nd the Saratoga Fire Districts would be agendized in several reDnths for consideration by the Board of Supervisors. Callon requested that solar leasing be added to the West Valley Mayors and Managers agenda if someone frc~ the State Energy Cu~L',f,~SSiOn could be present. Callon then inquired as to the rat bait situation, and City Manager explained that in the past the County b~d provided the bait, which the City sold at cost, then returning the money to the County. Since the County dropped the progrin, he said, the City, after a period of several months, bought a supply of rat bait which is heing sold at a slightly higher price than the local Saratoga retailer. B. COUNCIL AMD ~SSION REPORTS Clevenger reported that 45% of the Paul Street residents had approved of the proposed improvements. A VOlunteer will contact the remaining neighkors, she said, to answer questions; because of the furring, assessments will not be higher. She was pleased with the process by which input from many neighbors had been received initially. ~ She felt that process might be ~ffective for other situations as well. Clevenger also noted she had received a report that the Recycling Center had been better organized in the last fe~q months. Mayor Callon agreed. 4-9/15/82 Mallory noted the upcceg Peninsula Division ~eeting of the League of California Cities 9/30 and the League annual conference 10/17. He cc~mented on his appreciation of the newspaper article on the sister city concept and noted'that citizen input was being solicited. In answer to a question from Mr. Mallory, City Manager and Maintenance Services D/rector stated that no reports had been received on setting up a Hakone Foundation; he felt there was a need for l~gal assistance. Clevenger stated that Bill Glennon bad volunteered to do so, as had another acquaintance of hers. City Manager suggested that since there was a good deal of overlap betwee the two projects, perhaps a cc~ttee could he fo~lned to sot up the sister city prograun, then a second cu~L,t.~ttee to set up the FOundation. Callon then irfp~ired as to whether the loss of the Brookvie~ Soccer Field could he brought up at the joint meeting with the Parks and Recreation Conraission. City Manager reported on s~=p6~'ible~options if the soccer field is lost. C. DEPAi~ HEADS AN~) OFFICERS 1. Aamj_nistrative Services Director a. Report on Green Valley Franchise Council discussed issues, including possibility of having an opportunity to renew the land fill lease for ~Dre than 20 years. CONSENSUS TO APPROVE REPORT WiTH (~GE ~1~ S~IC~ F SUCH THA~.TIMES OF CO~e4ERCIAL CCNTAINER COT.LFCTION WIIL BE ~DPdG~) OUT WiTH INDIVIDUAL CITIES. 2. Cor~unity DeveloFm~_nt Director a. Report on permits in progress when fees were increased Council accelYced report and determined that bir. Soden's cuL~la/nt that the fees had increased while his permit was in progress should not be acted on, but' noted and filed. b. Report on request frc~ Cupertino for trafficc= devices along Prospect and Stelling Report acceUted~ D. CITY MANAGER 1. ~opointment of Counciln~nber to interim ROute 85 POlicy BOard (See Mayor' s reports. ) IX. ADJOU~NM~qT ~inJ~LORY/CLE~GER ~DV~]3 TO RECESS TO CLOSED SESSION FOR DISCUSSION OF MANAG~M~Vr COMPENSATION 'AND LITIGATION-AT~9:=5O P=M. Passed 3-0. Respectfully suk~nitted, Grace E. Cory Deputy City Clerk