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Home My WebLink About11-17-1982 City Council Minutes SLYMARY N~lqUTES SARATOGA CITY COUNCIL TIME: Wednesday, November 17, 1982 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Avenue TYPE: Regular Meeting CLOSED SESSION - Personnel - 6:30 p.m. City Hall Conference Roc~ I. ORGANIZATION A. ROLL CALL - Councilmembers Clevenger, Fanelli, Mallory, Meyles, and Mayor Callon present at 7:30 p.m. B. MINUTES - 11/3 CLEVtNGERTFANELLI MOVED TO APPROVE AS SUBM1TI'~D. Passed 5-0. II. COMMUNICATIONS A. ORAL Ken Strasser, 18501 Marshall Lane, raised objections to the proposed improvements at Quito Read and Marshall Lane, which were intended to make the intersection safe for school bus traffic. Staff and Connci]/nent~rs explained that improvements were being made to that intersection because Marshall Lane was the best route for the school, and the alternate route alon~ Ravenwood was only a temporary measure. No motion was made to reconsider Council action for the proposed improvements. B. WRi'fl'~N #1 concerning sales in City parks - FAN~LT .I /MALLORY MOVED TO REQUIRE THAT CITY MANAGER NOT ISSUE BUSINESS LICENSE FOR SELI,ING IN A PUBLIC PARK ~ TO DIRECT THAT THE QUESTION OF THAT KIND OF SALE BE REFERRED TO THE PARKS AND RECREATION COMMISSION FOR THEIR INPUT WITHIN 60 DAYS. Passed 5-0. #2 concerning Pacific Telephone bearings riDted and filed. #3 requesting support for Family Health Foundation of Alviso noted and filed. #4 t~g Council for stop signs noted and filed. #5 requesting historical information for Meffett Field celebration referred to Saratoga Historical Foundation. #6 requesting rezoning referred to staff for reply. III. SUBDIVISIONS, BUILDING SITES AND ZONING REQU~TS None. IV. PETITIONS, ORDINANCES AND RESOLUTIONS A. Resolution establishing a policy regarding ~ssioners' absences Councilmember Mallory suggested amentnents to add a paragraph noting that regular attendance is necessary to properly discharge duties and a sentence noting that the Council may terminate a Conm~ssioner for failing to attend meetings and carry out his duties. MALLORY/CLEVENGER ~DVED TO ADOPT RESOLUTION 2026 AS AMKNDED. Passed 5-0. B. Ordinance reconnended by Planning Conm~ssion to amend the Adminstrative Code pertaining to status of rejected motions and evenly split votes (second reading) FANF~.LI/MALLORY MOVED TO READ ORDINANCE 38.i08 BY TITLE ONLY, WA/VING FURTHER READING, A~D ADOPT. Passed 5-0. C. Resolution amending the number of m~nbers of the Finance Advisory Conraittee MALLORY/~GER MOVED TO ADOPT RESOLUTION 1011.1. Passed 5-0. Since the hour of 8:00 b~d not yet arrived, Mayor Callon proceeded to items following public hearings on the agenda. VI. BIDS ARD CGNTRACTS None. 2-11/17/82 VII. CONSENT CAT,F~DAR MALLDRY/CLEV~qGPIR MOVED ADOPTION AND APPROVAL OF CONSENT C~T.RKDAR. Passed 5-0. A. Denial of Claim - B. Long CLAIM DENIED. B. Authorization of Sixth Annual Western Federal Savings Great Race, 1/9/83 APPROVED. C. AUthorization of Seventh Annual Christmas Relays, 12/12/82 D.Acceptance of DOnation of COst of Library Bench APPROV~D. E.Approva]i of Warrant List APPROV~D. VIIi/ADMINISTRATIVE MA~'i'E~S A. MAYOR MALLORY/MDYLES MOVED TO DIRECT STAFF TO PREPARE RESOLUTION ON FAMILY WEEK. Passed 5-0. Mayor Callon reF0rted on a newly-formed group for Santa Clara COunty con- sisting of the n%ayors of each City; city managers will act as staff for the groL~p. Since the hour of 8:00 had arrived, Mayor Callon proceeded to public hearings as required by ordinance. V. PUBLIC HEARINGS A. Ordinance anending various sections of the Design Review Ordinance for single family structures, including increasing the allowable floor area by 10% in the R-1-40,000 district, allowing for a 20% variation in the allowable floor area through the public hearing process and the inclusion~ of accessory structures in calculating allowable floor area (first reading), and the associated Negative Declaration Staff explained ordinance, and COuncilmembers discussed various concerns with it,/.including possibility that it may be too restrictive; may require too many procedures and permits. COuncilmember Clevenger pointed out that the Planning Culml.i ssion had approved the proposed ordinance unanimously. She favored accepting their reconm~/dation, since she felt it addressed the main concerns of residents. The public hearing was opened at 8:20 p.m. Joyce Hlava, 20137 Guava Ct. spoke as a Planning COmmissioner who disagreed with that body's recommendation. She had not participated in the unaninous vote for the ordinance because she had been absent. Ms. Hlava believed that there was no reason to have a vari- ance procedure as outlined in the ordinance, because the findings made would accomplish the intent of design review. She also felt that because neighbor- hoods vary as to the in~pacts they can absorb, no top limit should be placed on square footage. Ms. Hlava went on to recommend that the ordinance require design review:'~ of accessory structures on double frontage lots. -Carol COnnors, 20454 Bl&uer Dr., then spoke representing the Saratoga-los Gatos Board of Realtors, saying that the square footage restrictions of the ordinance were too severe and that the garage should not be counted. Further, she expressed fear that the required statement of energy-conserving features might at son~ po~t be construed as a mandate for extra features. 3-11/17/82 Gerald Butler, 15015 Vickery Lane, then rose to express objections to the ordinance. He believed the figure on the square footage of the average appli- cation was misleading because the applicants reduce plans to meet require- ments of the City. He also stated that cities similar to Saratoga do not have square footage limitations, but set limitations through impervious ooverage requirements. Mr. Butler felt that if a square footage limitation were used, it should not count attic or ~garage space. Councilmembers expressed various opinions on proposed ordinance. Councilmember Clevenger felt that the problem of structures which changed the character of neighborhoods had been solved, and that problems with the proposed ordinance could be mrked out through amendments if necessary. Other Councilmembers expressed dissatisfaction on such points as the following: the ordinance did not eliminate the variance procedure, as intended, but institutionalized it; it does not give proper guidance to applicants because of the 20% flexi- bility factor as well as the variance procedure; the ordinance is too severe and makes procedures too difficult for property owners; square footage of internal areas and garage space should'not be included in calculations, espe- cially since counting attic areas could eliminate pitched roofs. CONS~IWSUS TO CON~PINUE PUBLIC HEARING TO DECI1MBER 1. CONSENSUS TO DIRECT COUNC~ER FANF%,T.I TO WOR~_~TH. STAFF ~ WHOMEVER ELSE WHE WISHES TO PRESENT REVISED ORDINANCE AT .'STUDy SESSION NOVM~BER 23. Mayor Callon then proceeded to items on the agenda not covered previously. VIII. ADMINISTRATIVE MA~T~.'RS f (continued) A. MAYOR (continued) CONSENSUS TO WHITE A L~'ITER FOR THE ~I~YOR'S SIG~qATURE CONGRATLFLATING MAYOR JANET GRAY HAYES OF SAN JOSE ON HER SECOND TERM OF OFFICE. B. COUNCIL AND COMMISSION REPORTS Clevenger reported on increased assessments for sewage treatment. Mayles reported on Transportation Conm~ssion priorities. Mallory reported on Cupertino Union School District BOard meeting and requested that Councilmembers inform him of any cenments they wished to be made at next meeting. City Attorney reported on discussion he had had with Gerald Butler. CONSENSUS TO AGtlNDIZE MR. BUTLER'S Lb.'I'I'~jM FOR ME~'I'ING OF DECM~BER 15. Councilmember Fanelli requested that a survey of Council microphone and taping system be made, since complaints had been received and there were 'apparently proble.~s with the system. Councilmember Fanelli then noted that an appeal on a building in the Quito area was to be heard by the Council on December 1. She suggested that the Council consider issues affecting the Quito area in a general way. CONSt~qSUS TO AGENDIZE QUITO AREA ISSUES FOR STUDY SESSION DECEMBER 7. Clevenger reported on ROute 85 interim policy beard meeting. 1. Report on ordinance recommended by Planning Commission which amends the Zoning Ordinance by adopting Article 3C, Agricultural Preserve/ Open Space Overlay District CLEVENGER/FAN'F~,I,I MOVt~D TO SET FOR PUBLIC HEARING 12/15. Passed 5-0. 2. Report on Ordinance reeen]~ended by PlUg Conlnission to amend the Subdivision Ordinance to round down for numbers of dwelling units Staff explained ordinance, and Council discussed the desirability of holding a public hearing on the matter. Bill Heiss, 925 Regent St., San Jose, rose to assert that the ordinance was not inconsistent as it stood, even though it 4-11/17/82 differed frcm Zoning Ordinance procedures. He believed that the "rounding up" procedure had been p~sely included in the Subdivision Ordinance because the Council recognized that R-1-40,000 density was different from that desirable for HCRD. Mayor Callon requested that Mr. Heiss put his statements in writing. CONSENSUS TO HOLD PUBLIC HEARING ON THE ORDINANCE 5N THE NEAR FUTURE. C. DEPARTM~V~ HEADS AND OFFICERS 1. Cul~tlunity DeveloFment Director a. Report re: Herriman Avenue - Traffic Community Develolm~/nt Director explained staff report. Mrs. Ponald Schmid rose to state that the study referred. to in the staff report did not count pedestrian traffic, which was a main concern for her. Councilmembers discussed possible means of protecting pedestrians, including prohibiting parking in bicycle patha. Councilmember Fanelli moved to accept the staff report and direct staff to prepare a list of streets with bicycle lanes so that the Council could look at the issue of parking in bicycle lanes. There was no second. ~GER/MAILORY MOVED TO AC~EFr THE STAFF REPORT ARD DIRECT STAFF TO PRE- PARE A REPORT ON POSSIN,E OPTIONS FOR HERRIMAN. Passed 5-0. CONSENSUS TO TAKE UP THE ISSUE OF PARKING IN BICYCLE LANES AT A lATER DATE. Planning Director a. Report re: Highway 85 (added at meeting) Planning Director explained report. Councilmember Fanelli Fointed out that the current CoUncil had never take an official position against using Highway 85 for a roadway. Councilmember Clevenger stated that the Board was aware of the situation. Mayor Callon raised the possibilities ,of deleting the "freeway only" use and of using existing tracks for light rail rather than building new ones. City Manager reconm~e/ded retaining "freeway only" use so that the costs could be determined. D. CITY MANAGER City Manager presented amendment to weed abatement agre~nent which wQuld raise amount allowed for administrative costs. CONSENSUS TO DISCUSS W~:~:~ ~ ABATEM~VP AE AT ME~'I'ING DECemBER 1. City Manager then reported that Postmaster had requested waiver of fees for use of Ccxnu~.ity .,C~nter for office party. CONSENSUS NOT %0 MAKE AN EXCEPTION FOR POSTMASTER BY WAIVING F~:~:S FOR COFIMUNITY Councilmember Fanelli reported that the Village was having a Christmas open house the next day and encouraged everyone to attend and shop. IN. ADJOURNM~I~T The meeting was adjourned to a closed session at 10:05 p.m. Respectfully suh-~itted, Grace E. Cory Deputy City Clerk