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Home My WebLink About10-20-1982 City Council Minutes SL~e4ARY M/NUTES SARATOGA CITY COUNCIL TIME :? %Wednesday , October 20, 1982 - 7:30 p.m. PIACE: Civic Theater, 13777 Fruitvale Avenue TYPE: Regular Meeting CLOSED SESSION - Litigation - Conference Roc~n, City Hall - 6:00 p.m. I. ORGANIZATION A. ROLL CALL - Councilmenkers Clevenger, Fanelli, Mallory, Meyles, add Mayor Callon present at 7:35 p.m. B. MINUTES - 10/6 MOYLES/MALI/DRY FDV~) TO AlPROVeD MINUTES WITH CLAR/FICATION THAT MALIDRY VOL'kD FOR MOTION TO ADOPT RES. 2013 TO INDICATE THAT THE FI~]lqGS PRESENTEa3 IN THE RESOLUTION WERE 'CONSIST~'~Tf WiTH THE DECISIUN MADE BY THE COUNCIL AT THE PRIOR MEETING. Passed 5~0. II. ~ICATIONS Ao ORAL LOis E. Davis, 12891 Pierce Read, rose to object to a project at 12881 Pierce Road of which she had not received official notice before final approval. Mayor Callon noted that the project had already passed through the jurisdiction of the Council and reoommended that she work out an acceptable arrangement with the person whe'appl'i~d for approval of the project. B. ~TRl'fl'kAq #1 COncerning telephone toll area - COnsensue to ~rite:PUblic Utilities Conmission asking them to COnfirm whether they agree with Mr. T~u~son that the heunderies have been inappropriately drawn and, if they so donfirm, to support that position. #2-5 COncerning improvenents to Quito and Marshall Lane - City Manager presented new information fro. m. meeting with Supt. Rescigno. FAN'~.T.I/MALLORY E TO APPROPR/3LTE $3,000 TO CORRECT ]lVr~:~SEUTION OF MARSHALL LANE TO FACILITATE SA~'W.'~ OF SCHOOL DISTRICT CFTTDPd~q. Passed 5-0. #6 and #7 COncerning resolutions presented by non-local groups - no Council- member expressed a desire to adopt such resolutions. III. SUBDM SIONS, BUTThING SITES, AND ZONING REQUESTS None. Since the bur of 8:00 p.m. had arrived, Mayor Callon proceeded to public hearings as required by ordinance. iV. PUBLIC2HEAR/NGS A. Appeal of denial of variance request V-590 end design review A-832 for COnstruction of a single family dwelling which exceeds the maximun allowed floOr area at 19143 Via Tesoro (Appellant/ applicant, S. Galeb) The public bearin wa ope. n. ed at 8:05 .m. stating that the applicant had satisfied the concernings of the Planning CormLission COncerning loss of trees. He added that the building covered only 10% of the lot. ' No one further appearing to speak, the~ublic hearing was closed at 8:10 p.m. Council discussed issues, incluc]ing ~regress of Design Review Ordinance revisionrand2its relevance to current applications, size of house, add findings required. Planning CuL.~,{ssioner Monia rose to state his belief that the application would require a variince under the proposed revised 2-10/20/82 ordinance. but CuL~L~nity Development Director clarified that it would actually require no variance because the lot was over 40,000 square feet. Mayor Callon stated she could make the findings required for a variance because of the unusual topography of the lot;~thel~fact that putting the house on a single floor would'mean a larger footprint; the fac~ that there are other large houses in the area; other such variandes have been granted; no detriment to public health, safety or welfare would result. CAILON/~.RVENGER ~DV~D TO GRANT VAR/ANCE V-590. Failed 263 (Fanelli. Mallory, Foyles opposed). MALLORY/FANMLI,I.FK)VtD' TO Dt~IY VARIANCE V-590 WITHOlE PRB3I~ICE. Passed 3-2 (Callon~'Clevenger opposed). Councils Moyles and Mallory stated that they could not make findings of physical hardship or excetYcional circtmstanees. Councilmember Fanelli nDved to approve the design review A-832 with the conditions in-the staff report'land a.reduction in Square footage to meet ordinance requirenents.~"'~D~i~Cilmenber Foyles seconded the motion. Mr. Galeb then stated he had believed that the variance wa~ all that was required, ndzthe design review. City Attorney then suggested that in ordertto give the applicant direction, the matter should be taken up in cencelYc by the Co~cil. with the applicant being asked to return to the Planning C~llssion with a new plan which would comply with reql]i~erents. The maker of the motion then withdrew it. FANF~,LI/MDYLES MOVED TO APPROVE.DESIGN REVIEq A-832 IN CONCEPT PER CONDI- TIONS 1 AND 2 OF THE STAFF REPORT AkD WITH AN ADDITIONAL CONDITION 3 THA~ DESIGNIBE REDUcEu TO M~i' FLOOR AREA RATIO REQUIR~vERIB; THE APPLICANT WOULD TH~q REFURN TO THE'PLANNING COMv, ISSION FOR REODNSIDERATION I1NDER HIS APPEAL. Passed 4-1 (Clevenger opposed). Mayor Callon then-returned to items precedi~gc, publib hearings on the agenda. IV. PETITIONS, ORDINANCES, A~D RESOLUTIONS A. Ordinance ~nending the City Code to raise the. speed limit on Prospect~ Road~ between Bleney Avenue and Saratoga-Sunnyvaie Road (second reading) F=ca?~.a 2ii7 PccCFFCiDdt~f{ MALLORY/CLEVENGER MOVED TO READ BY Tf£'IZ ONLY, WAIVING FURTHER READING. Passed 5-0. MAI.IORY/MOYLES5 MDVED TO ADOPT ORDINANCE NO. 38.75-5, Passed 5-0, B. Ordinance providing for appoin~nent and removal of cuL,,,~ssioners; resolution establishing policy (second res8~ ng) Councilmember Moyles noted that Planning Cc~.~ssioner Monia was present and asked that h_= be given time to speak. Conmissioner Monia suggested that the ordinance be re-~Drded so that three votes would be required to renove a comIbissioner from office. MOYY,F-q/MALLORY MO~FED TO A~END ONDI~'~CE SO I~A~C~A=~0RI~F~I~FIE=i,FUI~,'COLE~CIL WOULD BE REQUIRED TO R~4OVE A CCMMISSIONER FROM OFFICE.AND READ BY TITLE ONLY, WAIVING FURFHt~ READING. Passed 5-0. City Attorney pointed out that amendment was a substantial change and would thuszrequi re an additional reading of the ordinance at the next meeting. Planning Commissioner Crowther then suggested it might be appropriate to held a-public hearing on the matter and asked whether input had been con- sidered from the Planning Conmlission. Mayor Callon noted that a hearing was not required ,and that the information ~Duld.q~Berbeforentt~ipublic through the public information packet; she felt it was the Council' s job to make this kind of decision rather than asking th~ cc~missions for their input. Cul'uH ssioner Monia then discussed the content of the proposed resolution. expressing fear that it might have negative effects such as delaying pro- cessing of ap~l.ications aid restricting participation byJa large portion of the oommunity. He noted that it would not affect him because be intended 3-10/20/82 to resign from the Planning Cun. LHssion after serving until February 1, 1983. Council discussed resolution further and decided to consider it again at the next meeting. Mayor Callon suggested that Council be given a record of oam.~ssion attendance once or twice a year, and Councilmember Mallory asked for further staff ideas on Ways of handling the attendance question. C. Resolution regaidif~g~appointn~/lt oErehissariesF.t6. Muko~shi; Japan MALLORY/FANEI,LI MOV[D ADOPTION OF RESOLUTION' 2017. Passed 5-0. D. Resolution regarding appointment of Sister City Steering Conmittee FANELLI/CALLON MDV~D ADOPTION OF RESOLUTION 2018. Passed 5-0. E. Resolution amending Resolution 85-9.55 regarding Management C~L~ensation C~.RV~qGER/FANRLI.I MOVED ADOPTION OF RESOLUTION 85-9.56. Passed 5-0. F. Resolution designating the intersection of ~land Drive and Charters Avenue as a stop intersection FAN~LLI/MALLORY MDV~D TO ADOPT RESOLUTION MV-155.A~D TO REQUEST THAT AN ADDiTIONAL RESOLUTION BE PREPARED R~4OVING THE STOP SIGN ON C~T,EN BRAE AT VIA REAL. Passed 5-0. G. Resolution granting appeal, making findings, and granting ten- tative building site approval for Mr. and Mrs. G. Jacobsen in connection with public hearing held 10/6 MALLORY/~GER NDVED TO ADOPT RESOLUTION 2019. Passed 4-0 (Callon abstaining because she had been absent at the public ~earing). H. Resolution denying variance and design revi6~ approval for S. Scialabba InLDnnection with public hearing held 10/6 MO~r[.F,q/MALLOi~Y ~ TO AMEIqD RESOLUTION TO INDICATE THAT D~XqIAL OF VARIANCE IS WITHOUT PREJ~jDICE. PasSed 5-0. MALLORY/MDYT',F~E MDV~D TO APPROVE RESOLUTION 2020. Passed 3-1 (Clevenger opposed, Callon abstain/rig because she had been absent at the public hearihg). C/leveh~em:hoted~ she.-couldqma~e~'findin~ ~to],gri~t ~eriance. FANRII.T/MALDDRY MOVED TO ALLOW APPLICANT THREE MDNTHS TO BE-SURMIT PLANS TO PLANNING CCMMISSION WATHOUT PAYING NEW FKKS; IF THAT HAS NUT RRRN DONE W1THIN THAT TIME APPLICANT MAY APPLY TO COENCIL FOR EXTENSION OF T]NE, GIVING~REASONS~ .FOR~DELA~.~'.~A~D-"ODUNCIL WILL CONSIDER. Passed 5'0. Planning Cu~.l~ssioner Crowther clarified consensus of Planning Cu,~L.~ssion concerning Design Review Ordinance, saying that the Cu~u'~Lission intended to increase the percentage of discretion allowed to the Commission, but' that a~Dplieations1~ouldc~sti~tt'xhd~d to meet ordinance criteria in order] to be approved. Mayor Callon requested that Messrs. SciaR~hha and Galeb be notified the Design Review Ordinance' s progress would affect their projects. · Ic ~'R&~ot~eion~_oam~_~ding B~rtb~3ra'_-S~S6n (added at meeting) MALLORY/C~.RVENGER MDVED TO ADOPT RESOLUTION 2022. Passed 5-0. The Council then recessed from 9:45 to 10:05/ Mayor Callon proceeded to itens following public hearings on the agenda. VI. BIDS A~D CONTRACTS None. VII. CONS~qT C~LRNDAR Fanelli remDved Item D. MOYI,FM/CLEVENGER FOVED APPRDVAL OF 4-10/20/82 CONSE1NT CAT.MNDAR"ENCRPT FOR l'l'~iq D. Passed 5-0. A. 'Final Building Site Approval, SDR 1516, Imperial Savings, Saratoga- Los Gatos Road APPNOVED. B. Final Building Site Approval, SDR 1524, Metler Court, Stokes APPROVED. C. Final Acceptance, Tract 6531, Rancho Bella Vista, Gallo ., D. Appropriate amount of $5097.45 from General Fund Reserve to legal service~ for unbudgeted expenses in relation to the Leposavic settlement FANMLT.IERY FDV}~ TO APPROVE APPROPRIATION. Passed 5-0. E. Approval of Halloween road run - West Valley College APPROVE). F.Treasurer's Reports - July, August APPROVED. G. Approval of Warrant List APPROVED. VIII. ADMINISTRATIVE MA~'A'ERS A. MAYOR Mayor Callon reported on the League of California Cities convention. She then asked that a letter he written asking that groups which are not member Cities of the Highway 85 conmittse not take part in the HighWay 85 meetings. B. COLEqCIL AND COMMISSION REPORTS Counci~ Clevenger asked that abandoned cars at 4th and Elva he cited. Councilmember Moyles reported on the meeting of the Sister City Steering Com- mittee. He noted that councilmembers could submit questions or concerns to him. MayoriCal~lon~r~por~Ced that~th~ CL~ufdty Gabd~n had writteh~h~r~that..~ Cit~ ~affccQuidv:.n~t-longer do clerical ~Drk for then or for the Recycle Center. She requested a memorandun explaining the circunstances. CounciLmember Fanelli'stated that Greg Nellis had resigned from the Finance Cc~mkittee; ;she asked for. suggestions as to the process for replacing Mr. Nellis. CONS~SUS TO '~AUTHOR~Z~.THE~FINA~C~ ~COMMITTEE~ T0~-~VORK. WITH..THE~AR'KS = PARKS AND RECREATION COMvLISSION.' CONSENSUS TO ADVERTISE FOR V~EANCY ON 'FINANCE O3,41'.'.'~.'~.'. Co~/~cillmenber Mallory reported on statenents by the candidates for Governor at the League of~California Cities cenvention, as well as other matters dis- cussed at the convention. C. DEPARTMENT HEADS kND OFFICERS 1. Planning Director a. Report re: Capital Improvenents MDYLES/MALLORY MOVED TO ADOPT RESOLUTION 2021 AP.PROVIN_G THE 1982-85 CAPITAL IMPR~ PROGRAM. Passed 5~0. 5-10/20/82 City Manager repDrted on tapes purchased fr~n the League Of California Cities Convention. IX. ADJOURM~I~ MO~,P.q/FANFI.I,I MOVED TO ADJOURN TO A PERSONNEL SESSION AT 10:40 P.M. Passed 5-0. Respectfully su~nitted, Grace E. Cory Deputy City Clerk