HomeMy WebLinkAbout10-06-1982 City Council Minutes MINUTES
SARAQDGAiCI~Y COUNCIL
TIME: Wednesday, October 6, 1982 - 7:30 p.m.
PLAEE: CiVic Theater, 13777 Fruitvale Avenue
TYPE: Regular Meeting
CIDSED SESSION - Managenent Compensation - Conference Room, City Hall - 6:00 p.m.
B. MINUTES- 9/15
MALIf)RY/C~.RV~lqGER MDVMD ADOPTION OF MINUTES AS SUBM1Ti'~3. Passed 3-0
(Fanelli abstaining because she was absent 9/15).
II. CC~MLNICATIONS
A. ORAL
Phil Stokes, 18279 Metler Court, requested tbzt final map approval for SDR
1524 be placed on the Consent Calendar. Cu~L~nity Development Director
explained that xxD improvenents were involved, and no conditions had been
placed on Mr. Stokes' tentative map approval, so hd2did not object to the
approval' s being placed on the Consent Calendar. There was consensus to
#1 concerning Paul St, improvements ~eferred to ~Jministrative Matters.
#2 +odncerninG Green Vailel/Disposal contract referred to staff for reply,
# 3 concerning VIT~'s ability to pay rent for Librarl/referred to
~Linistrative Matters,
#4 requesting '.'No~Left Turn" siQn referred to staff for r&view and report,
#5~Q Council for Employee ~ssistance Progrin noted and filed with
thanks to Mr, Carnekie.
Ma!/or Mallory noted that a letter fzcxn Glenn McNichelas had been received
concerning stop signs. City Manager stated that he and Mr~ ..MAcNich01as
~uld have a nL=~tinQ and report back to Council,
~x~?~. 'i'~UffDr~ZSXONS~ H~.DXNG S~'~'~S, AND m~N~S REQUESTS
None. -
IV. P~ITIONS, ORDIES ~ RESOLUTIONS
A. Resolution granting appeal, making requisite findings, granting a variance,
and approving design review for V-592 and A-833 (appellant/applicant,
W~ E. Muir)
CLEVENG~R/F~AItDRY YDVED TO ADOPT RESOLUTION 2013. Passed 2-0 (Fanelli, Foyles
abstaining;-since they had been absent at the public hearing).
Councilmenber Mallory noted that he voted:Ifor. the resotuti6n~td'-iG~li&~at~ it was
boni~s~edt-with' the -;fi~ings~u~dii 'had' mAdelit 'th~'jpr~v.io~'sl md~[i~g and'was not
changing his position, but only voted for the appeal to facilitate matters
for the appellant in the absence of MayorcCallon, whe had voted for the apFeal.
Since the heur of 8:00 p.m. had arrived, Mayor Mallory proceeded to public
hearingszas reqn~red by ordi/klnce.
V. PUBLIC HEGS
2-10/6/82
A. Appeal of denial of tentative building site approval for two lots on
a private access road off Sobey Road near Sperry Lane in the R-1-40,000
~oning district and the associated Negative Declaration (Appellant/
applicants, Mr. and Mrs. G. Jacobsen)
City Manager and cComnunity DeveloFme3nt Director explained appeal, r~ting that
Planning Commission had felt project was inconsistent with City ordinances
and the General Plan. The public hearing was opened at 8:02 p.m.
Dick Kier, engineer for the project, spoke for the appeal, stating that no
changes b~_~t been made frc~ the previously-approved map. He also asserted that
the previous approval had expired because another party had not fulfilled his
obligation to record the map. Counci~ Clevenger noted that the Zoning
Ordinance provides that private streets are not to he incleded in site area,
although that had been done on this application. Staff and City Attorney dis-
cussed whether that provision applied to this size lot, ag~eedxth~th-it?did not,
andtdecidedtto me~c_to revie~q procedures. The public hearing was closed at
8:20 p.m., no one further appearing to speak.
council discussed issues, incleding the impDrtance of consistency ark] good
faith on the part of the council.
FAN~LI/MALI/DEf MOVED TO APPROVE NEGATIVE DECLARATION. Passed 4-0.
FAN~r.LI/MDYLES MOV[]D TO GRAN~i?APPEAL, APPROVING SDR 1523 PER THE CONDITIONS
OF THE STAFF REPORT DRI'm 8/17/82 .~A~ MAKING THE FINDING THAT IT IS CONSIST~qT
WITH THE G~ERAL PLAN. Passed 4-0.
B. Appeal of denial of variance request and design review for construction
of a two-story addition to an existing one-stOry structure at 12501
Woodsid~ Dr. (Appellant/applicant, S. Scialabha)
Cu~.,~unity DeveloFment Director explained appeal, and the public hearing was
opened at 8:35 p.m.
Mr. Scialabba rose to speak as the appellant/applicant, stating that the'
Zoning Ordinance placed too-stringent restrictions on floor area ratio. He
felt the aaaition was not too large and would ha~ no privacy impacts because
it ls screened by vegetation. The only neighbors ~ffected, he said, have sub-
mitted a letter Estating they do not object to the"~aaitioH. No one further
appearing to speak, the public hearing was closed a~ 8:45 p.m.
counCil discussed issues, including [ossibility of changing the character
of the neighborhoed, the issue of consistency, wh&ther the project was
in violation of the ordinance, the role of the Planning ~ssion in making
decisions, and whether the possibility that the ordinance might b~ changed
was.'~ relevant.
FANF~.I.I/MDYLES MiRrE]D TO D~NY VARIANCEoV 589. Passed 3-1 (Clevenger oppesed).
consensue that the denial was without prejudice. '
FANRI.LI/MAILORY MOVED TO APPROVE DESIGN REVI~W L~DER CONDITIONS OF STAFF REPORT
AND Wl'.'H REDUCTION OF SQUARE FOOTAGE ACOORDING TO ONDINANCE REQUES.
Failed 2-2 (Moyles/and Mallory opposed).
MOYLES/MALLORY MDVED TO SEND THE APPLICATION BACK TO THE PLANNING COb~4ISSION
WITH THE UNDERSTAndING THAT THE APPLICANT WOe SUE~LIT REVISED DRAWING CON-
SISTEAVf WITH THE CURRENT DESIGN REVIEW~ORDINANGE. Passed 4~0.
Mayor Mallory then returned' to items on the agenda preceding ~ublic hearings.
IV. PETITIONS, ORDINANCES, AND RESOLUTIONS (continued)
B. Petition, frem residents of Carh~libn' Glen' Court. requestin~ aba6d6~nent
of equestrian eas~nent
Ralph Rodriguez, Alex Manicucci, and Gary Hanson spoke in favor of the abandon-
ment as residents of Car~e~'ian Glen' court, Su]mlittin~ ph6.tograp~s ~howing the
eas~aent and its surroundings. Jim Onisberg t~n spoke as a representative of
Dividend DeveloFment corporation, which owns lots 3 and 4 of the area. He
also favored abandoning the easement. Louise Schaefer spoke as a member of
the Planning Ccmmlission, recenI~exxling that the matter be referred to that body
and the Parks and Recreation Commission.
CONSENSUS TO R~b'E~ MRI'I'~:R TO PLANNING CC~E{ISSION, PARKS AND RECREATION ~S2-
SION, AND THE G~qERAL PLAN PROCESS.
3-10/6/82
The Council then recessed from 9:20 to 9:40 p.m.
C. Ordinance amending the City Code to raise the speed limit on
Prospect (first reading)
MALLOEf/cI,RVENGER MOV~]D TO READ BY Ti'i'~E ONLY, WAIVING FURTHER READING.
Passed 4-0.
Councilmember Fanelli ex~Dressed concern that the speed limit had recently
been raised'on Saratoga-Sunnyvale ROad near the high school. Community
Development Director explained that the speed of 85% of the drivers is
the standard used by the State, and if the City sets limits lower than
that, difficulties arise in enforcing those limits.
D. Ordinance amending the Zoning Ordinance by adding restaurants with
outdoor dining to conditional uses in c~m~_rcial zoning districts
and the associated Negative Declaration (second reading)
Mayor~M~ll~y~'read?jth~^ordinance by title only.
F~.LI/~D~r[,F-q F~ TO ~LA_TVE FE RF~ING. Passed 4-0.
Council discussed issues, including Fossibility that some restaurants may be
able to provide a~ditional re~l~red parking, and others may not. City
Manager pointed out that applicant for conditional use pe~t could apply
for variance from parking requi r~nents. Councilmember Moyles stated his
belief that it was not parking that was the problem, in any case, but traffic
circulation.
CT,~V~R/MO~7,F.q MC~ TO APPRDVE NEGATIVE DD[F3~RATION. Passed 4-0.
C~,~V~R/~D~r[.F.q ~ TO ADOI~ OP~IIq~CE NS3.53. Passed 3-1 (Mallory opposed).
Counci~ Mallory explained that he opposed the ordinance because of his
concern that establishments such as pizza parlors would abuse the privilege.
E. Resolution concerning Smoke Detector Awareness Week
C~NSENSUS/AT COUNCII245~v~BER CLEVENGER'S SUC~CF. qTION, TO AMenD RESOLUTION TO
EXTenD S~DKE D~.'~Ci~DR AWARENESS WhiSK TO 10/16.
MOYLES/MALIuOP~ MDVED TO ADOPT RESOILTION 2014 AS AMEndED. Passed 4-0.
F. Ordinance providing for appointment and remov~ of con~l~ssioners;
resolution establishing policy
After discussion, Council decided to introduce ordinance and consider resolution
again at next meeting.
Councilmember Clevanger read the ordinance by title only. for the first reading.
FANF~,I,I/~DF,~q MOVED TO WA/VE F~'HER READING. Passed 4-0.
G.Resolution approving law enforcement agreement, 1982-83, and plan
of service
FANRLLI/FDYLES' FDVED TO ADOPT RESOLUTION 2015. Passed 4-0.
Mayor Mallory then proceeded to items appearing on the agenda afterpublic hearings.
VI. BIDS AND CONTR~LTS
A. A~L~RD OF CONTRACT - Re-roofing of City Hall
AMOUNT OF $9,~30. Passed 4-0.
B. Award of Contract - Annual street sealing project
MOy~,F.q/MALLORY MOVED TO EX~2LTE C~NTRACT W~TH FCCAR~HY AND SPIESMAN IN THE kMOUNT
OF $70,404.11. Passed 4-0.
The City Manager was con~e_nded for diligence in negotiating an agreement in
the absence of bids on the project.
4-10/6/82
C. Award of Bid - Purchase of 2 pickup trucks
FANRY. T.I/CLEVI~GER FDVED TO ABIA~D THE BID TO SOIrfH BAY FORD IN THE AMDUNTiOF
$15,520.24. Passed 4'0.
VII. CONSENT CAT,FNDAR
MallDry ~Sv~doIt~ncA;! Fa~elIi"r~noved Item D.
CI.,EVENGER/MOYLES ~!DVED TO APPROVE ITEMS B,' C, E,TF.7 AND G. Passed 4-0:
7..j. A?jq/D~nial of Claim - P. McMahon
MALIORY/MOYLES MDV~D TO PEr CLAIM WITH CONDITICN THAT CLAIMANT PRESENT RECEIPTS
AND SIGN L~'IT~R. DRAFI'~U BY CITY A~rORNEY WHICH WOULD MAKE NO ADMISSION OF LIA-
BILITY ON PART OF CITY. 'Passed 4-0.
B. Final Map Approval, Tract 7178, Kamil Navai, Big Basin Way
APPROVED.
C. Consti~lction Acceptance, SDR 1437, Quito Village Shopping Center
D. Construction Acceptance,' SDR 1357, Elvira St.
MALIDRY/CIEVENGER NOVel] AO'~w:~ANCE. Passed 3-0 (Fanelli abstaining because ,of
involvement of company By~whiihhshe is employed).
E. R~solution concerning I~ Day
' RESOLUTION 2016 APPROVtD.
F. Approval of Warrant List
APPROVED.
G. Final Building Site Approval, SDR 1524, Metler Court, Stokes
(added at meeting)
APPROVED.
VIII. ADMINISTRATIVE M~T~2~S
Margaret L. Sherrill, 14290 Paul AvenUe, rose to speak about her letter, which
had been deferred frc~a the WfittEnl-Cc~uli~ations FOrtion of the agenda. She
explained that she wished to know where the funds to make the Paul St. improve-
ments would come from if federal funds did not cover it; she was also concerned
about the vertical aliyxa~ent of the street where it would connect to driveways.
and the pOssibility of flooding. cShe f61t, .also, that the street was not
inhabited by low-income people.
City Manager noted.that staff would attempt to answer Mrs. Sherill's ques-
tions, but that'work was in the prelimirs/y stages so that not all questions
could he answered yet; Mrs. Sher~ill would be infozmed full at laterastagesV:.
incl~ing writt.en-assurances if she still felt that was nul~ed.
Mayor Mallory requested that minutes of the meeting be sent to Mrs. Sherrill,
and C~uncilmember Maples stated that he would like whatever is reduced to
writing for Mrs. Sherrill's att6ntion to come to Council before being sent out°
A. MAYOR
Mayor Mallory repOrted that he had spoken with a representative of the League
of California Cities:= about city revenues; the man had said that the legis-
lature probably would not help much because cities could raise fees in accor-
dance with the Farrell decision. Mayor Mallory also noted the upcoming joint
meeting with the Planning Co~lnission. City Manager discussed the ager~a.
Mayor Mallory then repOrted that Ijinda Callon wished to initiate a citizens
advisory cu,,~ttee on stop signs in the near future. City Manager stated
that ha was .to meet with the Campbell School District Superintendent on the
· Raver~ood bus route and the crossing guard progreta.
s:~. eL-':.:~_ k2.F~[: h Lc, :ce~,?rrc! -to st2.ff-
Councilmenher Clevenger noted that she had received a le~_ter on the bus route
5-10/6/82
and wished to refer it to staff. She also gave further details on the intensive
efforts made by staff to inform the residents concering the Paul Street improve-
ment project.
Councilmember Moyles reported that there was a dsmaged stop sign at the corner
of McFarland and Saratoga Avenue which should he replaced, as well as a teardrop
island with a damaged curb. Mayor Mallory added that there was a damaged stop
sign at DeSanka and Kirkmont. Councilmember Moyles also reported on a meeting
with Supervisor MOrgan and others on Sanborn Perk. He believed the Youth
Sciences Institute program was well planned, and the money allocated by the
Council to them had been well spent.
Mayor Mallory then stated that he had attended the opeding cerenony for the
Guedalupe~Lajd!'Filt. It had been stated that the land fill would be usable
into the next century, while Saratoga, in contrast, had signed a 20-year
contract which ha felt ought perhaps to be longer.
C. DEPARTMMqT HEADS AND OFFICEMS
1. Planning Director
a. Report re: Appointment of Sister City Cun~LHttee
Planning Director explained recommendations, and Marion Card spoke as a repre-
sentative of the San Jose Sister City Program. :ICohn~il discussed recommeraa-
tions.
CONSMqSUS TO APPOINT DAVID MOI~.F-q AS CHAIRMAN OF FJ'~;~;F~ING COMMi'Fi'~. Council-
member MOyles stated his intention to bring his recommendations hack at the
next regular meeting, at which an official peckage of greetings frc~ Saratoga
to Muko-shi could be suhnitted. Mayor Mallory offered to serve as alternate.
2. Administrative Services Director
a. Report re: Village Library - Renovation and rental te/ms
Adm~strative Services Director seized issues, and Council discussed.
CLEVENC~/MDYLES MOVHD TO RBIECT BID FOR VILLAGE LIBRARY RENOVATION. Passed 4-0.
CONSENSUS TO G0 TO BID AGAIN AND TO SMqD Lwl'l'~< TO VITA EXPLAINING THAT THE PdlN~
FOR THE VII.rAGE LIBRARY ;iIS $300 PER MONTH, PLUS UTILITIES.
b. Report re: Capital Improvements for Ca~unity Library
FANRr.T.I/~DYIES MDV~D TO APPROVE PROPOSMD CAPITAL IMPM WiTH THE CONDITION
THAT THE SIGN DESCRIRRD IN I'I'~M #5 MEal' CITY ORDINANCE REQUIREMENTS. Passed 4-0.
IX. AOJOUMqMEN~
The meeting was adjourned at 11:20 p.m.
Respectfully suhnitted,
Grace E. Cory
Deputy City Clerk