Loading...
HomeMy WebLinkAbout12-15-1982 City Council Minutes SLE~4ARY MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, December 15, 1982 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Avenue TYPE: Regular Meeting CLOSED SESSION - Litigation - 6:00 p.m. Senior LOunge (changed frGn City Hall Conference ROGn) I. ORGANIZATION A. ROLL CALL - Councilmembers Clevenger, Fanelli, Mallory, Meyles and Mayor Callon present at 7:55 p.m. (Clerk's note: Delay was due to length of closed session before meeting. ) B. M]iNITI~S - 12/1 MALLORY/CALLON MDVED APPROVAL OF MINUTES WITH ADDITION OF STATEMEIN~ THAT MAYOR NOTED THAT DESIGN REVIEW ORDINANCE HAD ALREADY BR~N SUBM1TI'~D TO PLANNING COM- MISSION (Item V.A. ). Passed 3-01~ (Clevenger, Fenelli abstaining because they had not been present at the 12/1.I meeting). II. ~ICATIONS A. ORAL Harry Lalor, Engineer for Ruth and Going, requested that the Council approve a final map for Gerald Butler. Mayor Callon asked that Mr. Lalor submit his material to the staff so that the item could be placed on the agenda with staff reconmendations at the next meeting. Shelley Williams then invited the Council to a legislative meeting concerning the Highway 85 alternatives analysis and cc~mended the Council for cc~mitting funds to the analysis. Dick Drake, 20509 Gordon Ct., requested Council approval for the use of unobligated HCDA fund balances frcm construction of the Senior Center ~ if~r?~7 various projects such as a storm door and landscaping for the Sen~or Center. Upon the City Manager' s suggestion, the item was added to the public hearing on HCDA monies, Item V. C. B. WR1TI'~N #1 reconmending Roy Lave as ~EE representative noted. Councilmember Mallory and Mayor Callon beth stated they ~Duld support Mr. Lave. #2 concerning local revenue deficiencies noted end filed. III. SUBDM SIONS, BUIrDING SITES, AND ZONING REQUESTS None. IV. PETITIONS, ORDINANCES, AND RESOLUTIONS A. Ordinance of intent to establish a municipal solar utility program in conjunction with other cities (secend reading) City Manager reported that the County and San Jose were adopting a similar ordinance and that they might wish to form a joint powers agreement with Saratoga and LOs Gatos. CLEVENGER/MALLORY P4OV~D TO READ ORDINANCE 68 BY TITLE ONLY, WAIVING FlIRTHER READING, AND ADOPT. Passed 5-0. Mayor Callon then proceeded to an item appearing later on the agenda, since at least two people were present to speak on it. VIII. ADM/NISTR.A~.IVE ~i'i'ERS B. COUNCIL AND COMvLISSION REROETS 1. Library Conn~ssion - Resolution relating to Library Conm~ission 2-12/15/82 Mary Moss spoke as Chairman of the Library Commission. A chart comparing the proposed resolution and previous documents was distributed, as was a letter frcea Marilyn Kanemura, another Cc~mission member, supporting the resolution. Ms. Moss stated there would be no increased costs to the City under the new resolution, since the only mention of finances was made in con- nection with Conlnissioners' expenses for conferences, which would have to be approved in advance by the City Manager. Discussion ensued as to a possible conflict in the resolution between provisions for "staff services" from the City Manager and a staff liaison to be appointed by Council. Mayor Callon requested that the item be placed on the 1/5 ageeda, along with an agenda bill explaining any difficulties in the resolution from the staff viewpoint. Mayor Callon then returned to the regular order of the agenda. V. PUBLIC HEARINGS A. Appeal of denial of desi~ review approval A-841 for the construction of a two-story single-family dwelling at 20625 Marion Dr. in the R-1-12,500 Zoning District (Appellant/applicant, David Wilson) Councilmember Fanelli excused herself and took a seat in the audience, explain- ing that she would take no part in the proceedings, since she was employed by the a~ppellant. Coninanity Development Director explained appeal. CounciLmember Mallory inquired as to any changes that had taken place since the Planning Clmmlission had granted ~ the previous t~o-story approval, to which the neighbors had not objected. Director reported that there had been a change in ownership in the area, and the new owners had concerns on the compatibility of a two-story, as well as access. The public hearing was opened at 9:35 p.m. David Wilson spoke as the applicant. He reviewed the five findings necessary for~ approval or denial of design review, stating the the project met each. He also : stated that the project had been carefully designed to give neighboring buses clear frontage, and he suhnitted photographs in support of his contention. He then stated that although Commissioners B~lger, Crowther end Monia had voted against the modified two-story design, saying they preferred a single-story, ~ all three of them had voted for a two-story design approval in January 1981. ~ Ben Warren, 20650 Marion Drive, spoke against the appeal. He stated that he could ~not have spoken against the previously-approved two-story design in January 1981 be6au'se~ he had not been notified of the public hearing. He stated that a two- story house might be better for the l~t than a single-story, but he expressed con? cern for the proposed access, which he felt was better on the previously-approved~ application. Mr. Warren also pointed out that although the house would be set far beck from the street, it was nevertheless near the two neighboring houses because of its situation on the lot. In reply to Councilmember Clevenger, Direct6r stated that he felt Council did not have discretion to change access, but in reply to Councilmember Moyles, be stated that Council could give direction to applicant] to provide information on possible modification of access so that applicant could, either proceed with previously-approved design or plan modified access for new design. In response to Councilmember Mallory, he stated that the road in ques- tion was a private road. Bob McGrath, 20646 Marion Drive, spoke against the appeal, expressing concern over compatibility of the proposed house. He stated that most homes in the neighborhood were one-story with wooden siding rather than the proposed brick. He believed the existing homes were also much smaller. Further, he felt the driveway was so close that it would ~ause serious access probl~ns. Mr. McGrath said that he, too, had not been notified of the public hearing at which the Drevious design had been approved, but he felt the additional parking provided by that design was preferable. His greatest concern, he said, was the impact of the new design on his view. Eugene Zsmbetti, 20306 Marion, spoke as the owner of an adjacent parcel. He pointed out that there were sc~ne nearby two-story houses on Springer. He also felt the approved design was bulkier than the proposed design and that it had less solar adaptibility. Lastly, he noted that if his wife were present she would probably state that a two-story would allow more open space than a one-story. Bruce Mitchell, 20270 Merrick, then stated that the proposed house was more cGrc patible with the neighborhood than the approved house. 3-12/15/82 Messrs~ Wilson, Zambetti, McGrath and Warren then discussed various means of providing parking for the proposed heuse. Council' Clevenger then inquired as to the expectations of the Planning Cun,l,~ssion in denying the reDdified two-story design, since there was already an approved two-story design which could be built, especially since three cen~nissioners who had approved two stories originally had later voted against it. Russell Crowther rose to speak as a Planning C~ml~ssioner. He stated that he may not have~ been at the meeting where the two-story design had first beenl approved. (Clerk's note: Review of 1/28/81 Planning Cun~Hssion minutes shows that Mr. Crowthar was present and voted for approval. ) He also said that the Cu~'~'~'~ssion had been concerned about the location--~f'-'the house on the lot and had not been favorably impressed by Mr. wilson' s reason for wanting a two-story house. EVen though Mr. Wilson had an approved two-story, 'he said, the Cc~mission was not convinced that he would build it. The public hearing was closed at 9:20 p.m. Council-discussed their'various opinions, including means of solving parking problem; the need for the City to be consistent'~by not denying approval for a t~D-StOry arbitrarily when approval had been'granted previously; the need for Council to use its own judgment when the Planning Cc~m~ission record is contra- dictory; the fact that staff had reconmended approval of the proposal even under the strict Design Review Ordinance. Councilmember Clevenger believed that the decision of the Planning Comnission should be upheld because the ' neighbors most impacted preferred the previously-approved design; she saw no advantage to then with the new design. Mayor Callon--asked Messrs~ Warren, MacGrath, and Wilson if they would agree to a parking bay ~all~t to the access road further toward Marion. All agreed, but Mr. Wilson requested that final design be worked out with staff and not subject to approval by neighbors. MOYLES/MAILORY MOVED TO GRANT APPEAL SUBJECT TO CONDITION THAT T~D ADDITIONAL PARKING SPACES BE'PROVIDED IN CONJUNCTION WITH STAFF AND SUB3FLT TO STAFF APPNDVAL TOWARD FRONT OF .HOUSE. Passed 3-1 (Clevenger opposed, Fanelli not' participating) . Mayor Callon suggested the plans be subnitted to Council after preparation; Councilmember Moyles stated that if the neighbors were dissatisfied the matter would undoubtedly be brought-before Council again in any case. The Council then recessed from 9:25 to 9:50 p.m.,} and Councilmember Fanelli resumed her seat. B. Ordinance amending various sections of the Design Review Ordinance (second reading) , and the asscciated Negative Declaration Planning Director explained ordinance and pointed out unapproved minutes of Planning Comnission meeting when commissioners had ccmmented on ordinance. In answer to Councilmember Mallory, Director stated that floor area refers to beth floors of a two-story house; three-story houses would not be permitted; the ordinance would probably reduce the number of public hearings; there would be no greater burden than normal on citizens to find out about public hearings~ there would be no loss of conm~Lnity character or controls, ~especially since certain findings n~st be made on all applications ~-under the new ordinance. Councilmember Fanelli pointed out two situations in which public hearings would be required und~rithe~neW ordinance: addition of an accessory structure which would cause the total square footage On the lot to exceed a certain limit; addi- tion of an accessory structure on a double frontage lot. The public hearing was opened at .9:55 p.m. Russell Crewther, 20788 Norada Court, rose to speak against the ordinance. -He feared that it would remove the incentive to match hcm~ size to lot size; would reduce public hearings because of the removal. of Planning Director ~ted that the ordikance approvad=by the Planning Cor~nissice had also had the provision on non-public hearing appeals. Shelley Williams, 11951 Brookridge Drive, spoke in favor of the ordinance, saying that the-preyious ordinance prevented people from building and. inproving their homes. He felt the proposed ordinance was still too restrictive on the hillsides and in other matters. Dora Grens, 13451 Old Oak Way,. bade the O~lncil remember that the ~'ordin~nce 4-12/15/82 had originally been passed at the request of residents to enable them to pre~ serve their neighborhoods; it was not intended to serve future developers, but existing residents. No one further appearing to speak, the public hearing was closed at 10:05 p.m. CI,EVENGER/FDYLES MOVED TO AMEND ORDINANCE S0 THAT IN SECTION 13A.9 (a) THE APPLICANT OR ANY OTHER INTERESTED PERSON SHALL HAVE THE RIGHT TO APPEAL APPROVAL OR DENIAL. Passed 5-0. Council discussed ordinance further. Counci~ Fanelli noted that it was felt that the real danger to existing hc~es was the possibility of large homes being built on large lots ih~ ah area of smaller lots rather than large hc~nes being built on small lots. Mayor Ca~.lon_pg~nted out that a sliding scal~ still ~exists for hd~s.~6n hillside lots. Sh~ f~lt that stmc~ures on hillside 16ts ought' perhaps to be included in public hearings rather than in regular .de~i~n'.te'view. , Councilmember Fanelii stated most hillside lots would be subject'to public hearings because they would meet other criteria ~or such hearing_s~~ Councilmember Fanelli then reviewed the provisions of the ordi- nance} s. tating that the proposed.ordinance w~s"more~ legally .d~fensible ..and-pro- tected the integrity of the design review process by placing equal emphasis on all~phases of design, rather than simply square footage. She felt certain portions of the ordinance had been misrepresented because. they had been mis- understood, ~ut it established more cost-effective and fairer procedures which met the needs of the citizens. CALLON/MOY~ES MOVED TO APPROVE THE NEGA~IV~ DECLARATION. Passed 5.-0f FAiq~LI.T./F~DYLES MOVED TO READ' ORDINANCE NS3~54 =BYeTITLE ONLY/'WAi'V'ING FURTHER READING, TO ADOPT THE ORDINANCE, AND TO MAKE FINDINGS AS FCTJMD IN THE STAFF REPOR~ OF FINDINGS. P~ssed 5-6. Councilmember ~levenge~ stated that she b~lieved ~he o~dinance to'be a rare' efficient ordinance, but she expressed concern over the procedure used in revising it; which she felt did not involve the Planning Cc~mission suffi- ciently. Councilmember Moyles agreed. Councilmember Mallory believed the ordinance to be a good one but felt the Council had shown poor judgment in handling t~e revision and feared thae the CoUncil had not enoourage~ cqo. per. a~ion and professionaliem from the Conmission. Mayor Callon explained that the Planning Commission had been involved intensively and extensively in th~ pr, o- cess, frc~a joint study s~ssion with the Council at which approaches were. discussed which ~he 'Planning' Conmissio~ decided 'not to pursue, But which the Council did wish to pursue, to the return of the ordinance' to the Planning Ccemission at a study session frem which Councilmember Fanelli brought ~ack Cc~]nis~ion cu~',nents, ~o the inclusion of further Cc~mission cu~ents frcm their most recent regular meeting. She also noted that the Council had con- tinued the pdblic hearing 6n the matter t~ allow m6~e cc~n~nt. Ma~or Callon felt the process wa~ complete a~d proper, and regretted oniy ~hat it seemed to have become a major issue. Councilmember 'Mallory, noting that there had been problems with ~e previou~ design review ordinance, asked that the Planning Con]nissiea report hack to . the Coumii as to whether the ne~ one was working. Coundilmember Moyles cc~- mended Councilmenb~r Faneili and Cc~missiqne~r Hlava, as well as staff members, who had wqrke~ t~. bring back revisions on a timely basis. C. Projects to be fur~ed d~ring .FY '1~83-8~I with HouSing .and Con~uni'ty Dev~lopnen~ Act Block Grant mo.n!es HoUsing a~d 'Cbn~mity Development Coordinator explained recc~mendations and backgroLind, ar~ Councilmember Clevenger stated she believed the r~ tions to be a gcod mix of projects which would mainhain the City' s credibility with the Department of Ho.using and Urban Develotment. Councilmember Fanelli suggested including the parks analysis' in t~e projects~ but Coordinator stated his bel.ief that suc~,a project would not be consistent with the City's priorities' and ~ould probably n6~ be approved by HUD. Councilmember Moyles expressed con- cern that streets in the Quito area might. be ripped up for repair after being sealed. Conmunity Development Director assured him that the work would be coordinated to ~v6id- that possibility. The public hearing was opened at 10:45 p.m. Alan Coryell spoke representing the Los Gatos Joint Union High School District. He submitted two letters concerning HUD funds and urged that the Council ccmmit funds to remodel existing restroom facilities in the Los C~tos High School foot- hall stadium. Jim Lewis, .24095 Sun]nit Woods Drive, Los Gatos, supported Dr. Coryell's state- ments, saying that a contribution frem Saratoga would be appropriate because 5-12/15/82 the facilities are used by Saratogans as well as Los Gatans. No one further appearing to speak, the public hearing was closed a~ 10:50 p.m. MALLORY/Cr.RVENGER MOVED TO ACCEPT THE STAFF RECOM~ENDATICNS FOR PR1TECTS AS LISTED IN MEMO OF 12/9/82 (Quito Area Storm Drain' Systems--S35,000; SHARP-- $50,000; 4th St. Reoonstruction~-$70,000; 'SASCC--$20,000). Passed 5-0. Councilm~mber Moyles noted that the Cduncil had not allocated money to other projects, not because they were not concerned, but because it was not possible to address everything that concerned then. Mayor Callon pointed out that the Council had spent fuD~s in the pas~ ~ on handicapped access projects. City Manager brought up Mr. Drake' s request for possible use of unobligated HCDA fund balances from construction of the Senior Center. Housing and Cc~mnunity Development Coordinator explained proposed uses: storm door, nutrition program warming tray; improved wiring; range hood; landscaping. He s~ated that if the costs were more than the fund balance, SASCC would pay the remainder. FANEILI/CLEVENGER~ MOVED TO ALLOCATE REMAINING FJID BALANCE OF $3845 FROM SENIOR WING CONSTRUCTION FOR PROPOSED SENIOR WING PROJECTS. Passed 5-0. D. Appeals by property owners who have been notified by the County to abate weeds in accordance with Secti6n 6.7 of the S~ratoga City Code The public hearing was opened at 11:00 p.m. N~ one appearing to speak, it was closed at 11:01 p.m. (Clerk's note: Resolutio~ ordering abatsment of a public nuisance by removal of hazardous weeds was corlsidered under City Manager' s ret~ort in Administrative Ma~ters. ) E. Ordinance amending the Zoning Ordinance by amending the Zonfng Map and showing ~ertain parcels ~s part bf the Agricultural Preserve/ Open Space Overlay Disfrict (C-201) Plarmling Director explained purposes and implications of ordir~nces, which would -.amehd the Zoning Ordinance and the Zoning Map. In answer to Councilmember Fanelli, Director stated that property would automatically revert to NHR zoning when it was removed' fronl Williamson Act designation. Councilm-=mb~r' Fanelli also expressed cenoern that Williamson ACt lands might be considered under the General Plan designation of Open Space. It was pointed out that the ordinance would not affect the General Plan designation, but only the zoning overlay. The public hearing w~s opened at 11:10 p.m. George Tobin appeared to speak representing the Cocciardis. He asked whether the overlay would impact the right of an owner to construct a house. PlaD_ning Director stated it would not. Mr. Tobin asked if it would place any additional burdens upon an owner in obtaining' approval fo~ construction of a house. Again, Planning Directo~ replied that. it would not &dd more req0irenents. No one further appearing to speak, the public hearing was closed at 11:15 p.m. CLEVENGER/FANEL.T MOVED TO INTRODUCE THE ORDINANCE, WkIVING FORTHE~ READING. Passed 5-0. VI. BIDS AND CONTRACTS A. Award of Contract - Cc~m~h'tity Center' heading and cooling MALLORY/MOYLES MOVED TO AWARD CONTRACT TO O. C. MCDONAID IN THE AMOUNT OF $6,599.00. Passed 5-0. B. Award of Contract - Pierce Road Storm Drain FANELLI/MOYLES MOVED TO AWARD CONTRACT TO J.M. Ib~viAN IN AD~DUNT OF $39,235.00 AND ADOPT RESOLUTION 1099.6 INCREASING APPROPRIATION A~D TO AUTHORIZE MAYOR TO SIGN CCONTRACT. Passed 5-0. Councilmember Fanelli stated it would be helpful if CouPEil could have a revi6~ of changes in capital appropriations. 6-12/15/82 C. Rate Increase - Signal Maintenance Contract MALIDRY/FANT~LT MOVED TO APPBOVE MODIFICATION FO EXISTING CONTRACT AhD AUFHORIZE MAYOR TO SIGN AhD TO ADOPT RESOLUTION 1099 o 7 INCREASING APPROPRIATION. Passed 5~0. VII. CONSENT CAIEBIIAR - CLEVENGF~RY MOVED ADOPTION OF BOTH ITEMS. Passed 5-0. A. Acceptance of donation for library bench B.' proval of Warrant List I_ Councilmember Fanelli ressed hope that VIII. AIIvENISTRATIVE M3~I'fERS · K. MAYOR '" Mayor CallOn noted that Saratoga would host ICC in Jan,~ry. She also mentioned that 'the Great Race would be heId 1/9. Councilmember Fanelli pointed out that participation was to be encoUraged because the Saratoga seniors Would receive benefit frown the race. Mayor Callon then brought up the possibility of supporting the Holiday Project. Consensus to write letter expressing appreciation for their efforts in Saratoga'nursing homes. lastly, Mayor Callon s~fd~he had received a call from Supervisor MOrgan requesting a letter frc~ Saratoga agreeing to ~articipate in would be bu~t in any city ~thout that city's approval, Counci~ Mallo~ s~atea he would net accept ' MOnte Sereno's having the sa~e vote as Saratoga, Council 'a~scussed alternatives anslysis ~etter and decided-to wr~te a letter corLfirn~ng that Saraf_~gaj intends to participate ~n the alteznatives analysis w~thout app~ov~ng makeup of Polic7 Advisory Bc~za, Counci'Zr~_mbez~ Clevenger 'reported on th~ finance cOrd_-'e~enee in Monterey, part~c, jZar~y-the entrepreneuz~al possibilities for City qoverr~a~nte,. She recc~r~enaed that the ~inance Advisoz7 Cu~d ttee be 'roade a~raze of cooperative h~meo~mers insuzance policies and ec~ty interest arrangements, City [~anager"'repo~tecl on p~ens of 'tt~ ~inance/~tvisoz~z Cormt~ttee to ihvestigat~ various. projects, ~unciZLm~mber ~enelli reported further on th~ cord_-'erence, At CounciLmeraber ~a~11i"s suggestion, Mayor Callon p~oceeded to the nui- sance abaterrent repoz%,' since m~nbers of the auct~ence were wa~t~ng for that ~.~.T~. C7 D~/~TMEIq~ H~DS ~ O~m~IC'~P~ 1, Cc~ rr~nit7 Developdent Director a. Nuisance abatenent -' Hong Director reviewed' circ~nstanees and informed Council that Mr. Hong had applied for-modification to' scenic easement and sukmitted designs to modify retaining wall. He recumended that mattar be referred to Planning CGT~ mission for modifications to scenic easement and building envelope and' that staff proceed with plan check of walls and that Mr. Hong be directed to construct swimming pool fencing within existing building envelope. Couhcil- member Fanelli expressed concern that proposed envelope almost doubled size of existing envelope and that Mr. Hong had delayed matters in the past. Senior Inspector cc~mented that he believed wall would not fail catastro- phically this winter, so Planning Cc~mission would have time to consider the matter. ' ' " FANm~,LI/MAIJ3DRY MOVED ACCEPTANCE OF STAFF RECONi~ENDATION WITH AMEND~I~TS SUCH THAT THE PLANNING COMMISSION SHOUID CONSIDER THE MAFfER AT A PUBLIC HEARING AND THAT IF MR. HONG FAILS TO MEET PIFFURE TIMELINES, THE M~u:fER WIlL BE R~fURNED TO THE CITY COUNCIL. Passed 5-0. Director stated Planning Cumdssion could probably hold its hearing' at its second meeting in January. Mayor Callon then returned to Council and Cc~nission Reports. 7-12/15/82 B. COUNCIL AND C(I~MISSIGN REPORPS (continued) Councilmember Mallory reported that he had noticed a problem with young people runfling across Saratoga-Sunnyvale Road, particularly between two pizza parlors. He believed that the problem was caused ~artly by the fact that Saratoga has no one following up on where such incidents occur, and he feared that this lack results in a poor job of allocating money. 1. Library Commission - Resolution relating to Library Con~nission (This item was dealt with on page 1 of the minutes. ) 2. Parks and Recreation Co~nission - Surplus Property LGJUHSD Report noted. City Manager stated the District would be notified that Saratoga intended to take no action. C. DEPARPMENT HEADS AND OFFICERS 1. Conmunity Development Director a. Nuisance abatement - Hong (This item was dealt with on page 6 of the minutes. ) b. Brandywine/ROute 85 traffic signal Director recc~mended that Council direct staff to inform State that Saratoga is interested in the possibility of constructing the signal in 1983-84. This would not be an irreversible cc~lnitment, he said, trot would put Saratoga in line for funds. CGNS~IqSUS TO TAKE STAFF RECOMMENDATION. c. Progress Report on Village Library Renovation (added at meeting) Senior Inspector reported on progress. Councilmember Mallory excused himself frem the meeting at 12:00 midnight. 2. Finance Director a. Treasurer's Report - November Treasurer' s Report was distributed. D. CITY MANAGER City Manager noted that Council had not adopted necessary resolution for weed abatement, Item V. D. FANF~I.I/CLEVENGER MOVED TO ADOPT RESOLUTION 2029. Passed 4-0 (Mallory absent). Dixie Fisher, new editor of the Saratoga News, rose to ask the nature of the litigation session before the meeting. Mayor Callon replied that it was all current litigation in ceurt. IX. ADJOURNMENT The Council adjourned at 12:05 a.m. to a closed session on 12/21 at 6:00 p.m. on personnel matters. Ms. Fisher then asked the nature of the personnel session, and City Manager said he would speak with her about it if she wished. Respectfully submitted, Grace E. Cory Deputy City Clerk