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HomeMy WebLinkAbout12-01-1982 City Council Minutes SU~P~ARY MINLrfES SARATOGA CITY COUNCIL TIME: Wednesday, December 1, 1982 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Avenue TYPE: Regular Meeting CLOSED SESSION - Litigation - 6:30 p.m. (Postponed to end of meeting) I. ORGAN I ZAT ION A. ROLL CALL - Councilmembers Mallory end Mayles and Mayor Callon present at 7:40 p.m. Councilmembers Clevenger and Fanelli absent. B. MINUTES - 11/-1'7 MDYLES/MALLORY MDV~D TO ACCEPT AS SUBMi'iT~D. Passed 3-0. II. C(IvLMUNICATIONS A. ORAL NO one appeared to speak. B. WR1Ti'~jN #1 COncerning Sister City program noted, with appreciation. #2 COncerning cable television complaints scheduled for report 1/19. III. SUBDM SIONS, BUILDING SI'I'~jS, ~I~ ZONING REQUESTS NOne. IV. PETITIONS, ORDINANCES AND RESOLbTIONS A. Resolution declaring weeds growing on certain described property to be a public nuisance MALLORY/MDYLES MDV~D TO ADOPT RESOLUTION 2027. Passed 3-0. B. Resolutions authorizing transfer of furds for Village Library Renovation to be paid from General Fund rather than Revenue Sharing MALLORY/MDYLES FDV~D TO ADOPT RESOLUTIONS 1099.3 AND 1099.4. Passed 3-0. C. Ordinance of intent to establish a municipal solar utility progran in COnjunction with other cities (first reading) MALLORY/MOYLES MDVED TO INTRODUCE BY READING BY TITLE ONLY, WAIVING FURTHER READING. Passed 3-0. V. PUBLIC HEAREqGS A. Ordinance amending various sections of the Design Review Ordinance (first reading--COntinued from 11/17 meeting), and the associated Negative Declaration Planning Director explained modified ordinance, and Council discussed various aspects, including the possibility of returning it to the Planning Ccm~nission because of the changes made in it by Council. The public hearing was opened at 8:10 p.m. No one appeared to speak, and Councilmembers discussed whether to COntinue the public hearing to the next meeting. Councilmember Mallory, while he would have preferred to refer the modified ordinance to the Planning C~'~ssion, stated that his COncerns ~ould be met if the public hearing were COntinued and the Planning Commission notified that their senlnents ~ould he stroncly welcc~ned at the hoar' _LDg. Mayqr Callon P1 noted that the ordinance b~d already been referred to the ruining Commission. MOYI,FS/MALLORY MOVED TO INTRODUCE THE ORDINANCE BY TITLE ONLY, WAIVING FURTHER READING, AND CONTINUE THE PUBLIC HEARING TO 15/15. Passed 3-0. 2-12/1/82 Bo Appeal of denial of design revi6~ approval A-840 for an office building on Cox Avenue (Building B) at Paseo Presada (Appellant/ applicant, A. Shelton for Northwest Projects Corporation) Conmunity Develol~ent Director explained appeal lard took exception to Mr. Shelton's assertion that his client had been prevented from presenting his case fully at the Planning Conm~ssion hearing. Councilmembers discussed possible reasons for Planning Comnission's denial, what the focus of their deliberations should be, and details concerning parking, setbacks, and changes from the previously-approved application. The public hearing was opened at 8:25 p.m. Arthur Shelton spoke as the appellant on behalf of Northwest Projects Cor- [Oration, suhmi, tting various plans, charts and renderings. He expressed the opinion that the only issue before the Council was whether the design of the second structure was compatible with that of the first, since the cc~- plex was appro~d as one site. He also stated that the proposed use as an office building would generate less traffic than the previously-approvad use as a financial .institution. In answer to Councilmenber Mallory, a person identified as the architect for the project stated that the buildings ~Duid be about 7½' closer than originally planned. In answer to Councilmember Moyles, Mr. Shelton calculated that the footprint of the building was about 21% larger then that originally approved (later brought into' question by the City Attorney). Councihnemb_=r Moyles expressed doubt as to whether the building under consideration was the same as previous%y approvad, since the footprint was so much larger. Terry Griswold, 12618 Paseo Olivos, rose to speak against the proposed building. She stated that her main concern was increase in traffic near the pre-school, particularly at the access next t6 the pre-schDol. Kathy McGoldrick, 12860 Paseo Presada, spoke against the appeal, stating that the building already in existence was very imposing, having been built on rising ground, even though architectural renderings might seem to reduce its visual impact. She said she wished the second building to be ~b.w~L-than the first; she also expressed the fear that the traffic pattern would result in more cars using Paseo Presada as a shortcut to Saratoga Avenue. Klaus Richter then spoke as President of Northwest Projects. He explained that his artist z bad attempted to make his renderings convey the actual appearance of the buildings but peinted out that it was difficult to do so. He felt that the orientation of the building would result in less visual impact than the first building, as ~w~?~l'd~_~-~its situation on lower ground.. The propesed building is three feet lower, he said, than the existing one.' Further, he felt traffic would not be a great problem because it would be less than the approved use would have generated. Councilmember MDyles asked whether Mr. Richter expected to lease the proposed. building in a timely nknnner, since the first building seemed to have been vacant for some time. Mr. Richter replied that the first building had actu- ally been vacant for only a short time, although it may have appeared vacant while lease negotiations and interior finishing was proceeding. He expected no particular problems in leasing the second building. Mrs. Griswold, Mr. Richter, and staff discussed further the possibilities of a changed traffic pattern in the area to acconmodate the pre-school traffic. In answer to Counci~ Moyles, City Attorney stated that the issue was whether the applicant had the right .to cu~lete the structure as modified. Councilmember Moyles suggested that the issue could be resolved ;in a manner. satisfactory to all parties if the Council spent some time on it with the full Council present. Councilmember Mallory noted that he saw no reason for the Planning Conmission to have denied the application. Mayor Callon stated that any traffic problems were ameliorated by the change in use, but she was cencen]ed abDut questions of design and apparent bulk, particularly possible interruption of the view line. Mr. Shelton, in response to her, stated that the appellant could wait until after the ~irst of January for a decision. MOYLES/MALIDRY MOVED TO CONTINUE PUBLIC HEARING TO' 1/19 AND TO SCHEDULE A STUDY SESSION ON THE MARTER 1/11. Passed 3-0. The Council the/1 recessed from 9:35 to 9:50 p.m. 3-12/1/82 BIDS AND ~CTS A. First amendment to agreement between County of Santa Clara and City of Saratoga for abatement of weeds Mayor Callon conmented that the proposed administrative fee of 65% of the contractor's fee seemed high. City Manager explained that because of the County's efficiency in weed abatement, the contractor's costs were low, but required legal procedures resulted in proportionately large administrative costs. ~DYLES/MALLORY ~DVED TO ADOPT AM~IqDM~IqT TO WE~3 E AG~ AND AUTHORIZE MAYOR TO SIGN. Passed 3-0. B. Payment of share of project on Prospect Road frc~ Blaney Avenue to Saratoga-Sunnyvale Road (City of San Jose/City of Saratoga Joint Project) MALLORY/MDYLES FDVtD TO APPROVE PAYMENT AND ADOPT RESOLUTION 1099.5. Passed 3-0. C. Three-month extension of Green Valley Franchise Counci~r Mallory brought up possibility of extending dumping services for a period longer than 20 years. Administrative Services Director noted that Green Valley could not ~rantee 20 years of service at the dump, but they might consider extending dump service at some site if the City considered extending their franchise. Mayor Callon noted that a San Jose location would have to be approved by that city. MALLDRY/MDYIZS MOVED TO AUTHORIZE THREE-MONTH EXTENSION TO FRANCHISE AGREEMENT. Passed 3-0. D. Lease arrangaments for Village Library Administrative Services Director explained draft of lease and reported c]q various delays which had resulted in non-completion of renovation of library. Work was required to be complete, she said, within 40 working days of the contractor' s sutI0ittal of required doctm~_nts. She reported that agreement between Friends of the Library and VITA seemed to have been reached on the main issues, and Mary Beth Gandrud, President of Friends of the Library, rose to confirm that her group was con~ritted to using the building. Council dis- cussed tinting of lease and renovation work. CONSENSUS TO DELAY SIGNEqG OF LEASE AGRF~MENT UNTIL VII.IAGE LIBRARY BUILDING HAS BEEN RENOVA~'ED. Mayor Callon, noting that there were members of the audience present to speak on the proposed hazardous materials ordinance, asked whether there were any objections to proceeding to that item on the agenda. No one made any objection. VIII. ADMINISTRATIVE M~a'i'ERS D. CITY MANAUER 1. Oral report re: Hazardous Materials Ordinance City Manager explained ordinance, stating be did not feel it properly addressed the needs of Saratoga. He then introduced Bert Toevs, a mechanical engineer recruited by the Volunteer Coordinator to assess the proposed ordinance. Mr. Teevs said he felt Saratoga did not need the ordinance because there was essentially no industry in the city, and fewer than 12 firms would be covered by the ordinance as written. Douglas Sporleder, Chief of the Central Fire District, then reported further on effects of the ordinance in Saratoga~ he recc~rnended waiting for other citieS' Yaction. Council discussed issue. CONSENSUS TO TAKE .NO ACTION UNTIL WE SEE WHAT OTHER CITIES DO. Councilmember Moyles favored the tone of Mr. Stone' s letter calling for resolution of dif- ferences among cities without implying opposition to the ordinance. Mayor Callon questioned the necessity of including service stations in ordinance. Mayor Callon then returned to preceding items on the agenda. 4-12/1/82 VII. CONSENT C~T.RNDAR Mayor Callon re,Dyed Item B, axplaining that it had been re-typed as a proclamation when it was determined that the dinner at which it was to be presented was tonight; Mayor Callon had signed the proclamation so that it could be presented on t/me. Councilmember Mallory stated that he had sc~e concerns on the wording of the proclamation as something of a political statement to "whiCh he did not subscribe. MOYLES/MALLORY MDVED TO ADOPT ITSMS A, C ABED D. Passed 3-0. A. Resolution on:Family"Week Adopted Resolution 2028. B. Resolution oom~ending Janet Gray Hayes Not adopted--see above. C. Treasurer's Report - September and October Adopted. D. Approval of Warrent List Approved. VIII. ADMINISTRATIVE M~'fI'~RS A. MAYOR B. COUNCIL AND COMMISSION REPORTS Councilmember Mallory reported on last meeting with Moreland School District. He and Councilmember Moyles agreed to report to Council for input When dis- cussions had reached a point where input ~Duld be fruitful. 1. Status report on Park Contingency Plan fre~ Parks and Recreation Cu~ulj~ssion Planning Director explained procedures and expressed the belief that the final draft of ithe report would be complete in early January. Councilmember Mallory inquired abDut the financial forecast, end City Manager stated it was expected to be completed by January 25. C.DEPARTMENT HEADS AND OFFICERS None. D. CITY MANAGER (continued) 2. Review of time schedule for discussion of Quito area plan at the request of Councilmembers Fanelli and Moyles Councilmenk~r Moyles explained that Couneilmember Fanelli, who had brought up the subject, had been concerned primarily that it should be discussed at some point. He felt she would not object if it ware discussed in the context of the General Plan review in the near future. City Manager reported that Lt. Johnson of the Shariff's Office was ooordinating beth the Cc~munity Services Officer Program and the Village substation move. Councilmember Mallory expressed eagerness to complete the substation move in order to improve services and reduce costs. IX. ADJOURNMENT Consensus to adjourn to closed session on litigation mattens at 10:55 p.m. Respectfully submitted, Grace E. Cory Deputy City Clerk