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Home My WebLink About01-05-1983 City Council Minutes SUMMARY MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, January 5, 1983 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Avenue TYPE: Regular Meeting CLOSED SESSION - Personnel Matters - 6:00 p.m. Senior LOunge, Cc~munity Center, 19655 Allendale Avenue I. ORGRANIZATION A. ROLL CALL - Councilmembers Clevenger, Fanelli, Mallory, Moyles, and Mayor Callon present at 7:30 p.m. B. MINUTES - 12/15 CLEVENGER/MALLORY MOVED TO' ADOPT MINUTES AS SUBMITi'EU. Passed 5-0. II. COMMUNICATIONS A. ORAL No one appeared to speak. B. WRITi'EN #1 COncerning proposed lot split by C. Thcmas to be re-agendized under Planning Director's Reports lJ19. #2 requesting review of cable television franchise referred to staff for reply to Mr. Katz to the effect that issue is agendized for report 1/19. #3 COncerning well COnstruction ordinances referred to staff. #4 requesting ncelination of' staff to participate on Cupertino Union School District conmuittee on emergency planning referred to Planning Director as staff member to participate. ·III. SUBDIVISIONS, BUll.PING SITES, AND ZONING REQUESTS A. FINAL MAP APPROVAL, Tr. 6632, Butler (Montalvo Read) Counci~ Fanelli expressed her desire to establish clearly that the cul- de-sac was only t~rary; otherwise, the approval was satisfactory to her. Councilmember Mallory agreed. Councilmember Moyles sented that although he had opposed the project, he saw no point in voting against it at this stage. City Attorney stated that,because of peculiar circumstances, City Manager should be authorized to sign'the final map on behalf of the City. FANELLI/MA RY MOVED TO ADOPT RESOLUTION 1522-02 AND APPROVE FINAL MAP ON CONDITION THAT OFFICIAL FINAL MAP SHOW THAT THE TURN-AROUND IS A TEMPORARY ONE WHICH WILL AUTOMATICALLY BE REMOVED IF THE EXTENSION OF THE ROAD IS MADE; TO WAIVE CONDITION IImI; AND TO ADD A SENTENCE IN PARAGRAPH 4 OF THE RESOLbTION AUTHORIZING AND DIRECTING CITY MANAGER TO EXECUTE MAP ON BEHALF OF CITY OF SARATOGA AS TO THE CITY'S INTEREST THEREIN. Passed 5-0. IV. PETITIONS, ORDINANCE AND RESOLLFfIONS A. ORDINANCES amending the Zoning Ordinance by amending the Zoning Map ard showing certain parcels as part of the Agricultural Preserve/ Open Space Overlay District (C-201) (seCOnd reading) , and the associated Negative Declaration CLEVEN~ER/FANMI.I.I MOVHD TO READ NS3.55 BY TITLE ONLY, WAIVING FURTHER READING. Passed 5-0. CLEVENGER/MALIDRy MOVED TO READ NS3-ZC-85 BY TITLE ONLY, WAIVING FURTHER READING. Passed 5-0. FANELLI/CLEVENGER MOVED TO APPROVE NEGATIVE DECLARATION. Passed 5-0. FAN~I.I~-U~iuORY MDVED .TO ADOPT NS 3.55 MAKING FIlqDINC~.IN E)G~IBIT B. Pa~sed 5-0. FANMrI.I/CLEVH~GER MOVRD TO ADOPT NS 3-ZC-85. Passed 5-0. 2-1/5/83 B. RESOLUTION reversing decision of the Planning Cc~maission and approving design review for A-841 (Wilson: decision made 12/15/82) Councilmember Clevenger stated she would vote against the resolution because she bad opposed the approval. She felt, however, that the resolution por- trayed accurately whet had been decided at the 12715/82 meeting. MAILORY/MOYLES MOVED TO ADOPT RESOLUTION 2030. Passed 3-1-1 (Clevenger opposed, Fanelli abstaining). C. RESOLUTION relating to Library Commission Andrew Beverett, 19597 Via ~bnte, gave background of the resolution and stated he believed all parties wore in agreement on the wording. CLEVENGER/MAILO~Y MOVED TO ADOPT RESOLI/fION 2031. Passed 5-0. V. PUBLIC HEARINGS A. ORDIIqANCE..~econmended by PlannS_ng Con~mission to amend the Subdivision Ordinance to iround down for numbers of dwelling units (first reading) Cc~,l~unity DeveloF~se/nt Director explained issues, and City Manager submitted a letter which had been received frf~n Bill Heiss opposing the ordinance. The public hearing was opened at 8:05 p.m. Jim Foley, 18630 Aspesi Court, rose to speak against the ordinance. He felt rounding down would result in a waste of natural resources and deny up to 20 families the oFpportunity to build homes in Saratoga. He believed the pre- vious ordinance to be ade~3ate. Paul Stewsrt, 122 Saratoga Avenue #22, Santa Clara, spoke as a representative of the Building Industry Association, saying thet the ordinance was unnecessary because the City already had the power to round down if it felt rounding up would result in too many lots for the particular situation. He also stated thet density ordinances had beo~ne mere and mere restrictive in recent years, which violated the planning tenet of maximizing use of the land, and reduced tax reve- nues. Only limited expenditures for services would be reqnired for such lots, he said. Tom Lauer, 15803 Hidden Hill, then spoke against the ordinance, saying thet it would heve great financial impact on h/m. because he would be forced to develop his acreage as 3 lots instead of 4, although the 7 acres allow 3.9 lots. J~nes Foley, 18927 MOnte Vista, also spoke against the ordinance. He believed it was a case of over-regulation upon the rights of property owners, and he said he knew of no abuses of'the previous ordinance. No one further appearing to speak, the public hearing was closed at 8:15 p.m. Council discussed issues, including current restrictions on density on hillsides and flatlands and the fact that the City can round down as it is. City Attorney noted that rounding down can be done only for cause, not arbitrarily. Clevenger/Mallory moved to introduce the ordinance, and Councilmember Clevenger stated her perception that the Council~bU~d~I~cc~t~he:~P~l~'~n~i~7-1~:~ o ssion's re ation in this - sition. Councilmember Mallory then expressed a desire to return the issue to the Planning Conmlission, since it hed appeared on their 'agenda only as a study session item and a consent calendar iten. He wished it to return to Council with a fuil report. Councilmember Fanelli pointed out that the proposed ordi- nance woUld affeck larger lots with no slope problens, end she expressed con- cern for homeowners wishing to develop that type of lot. She also felt that lot splits in these areas hed not been detrimental. Councilmember MOyles stated he would reserve ccement if the issue were to be referred to the Planning Comnission. He wished to have input from property owners and bomeowners asso- ciations. Mayor Callon felt that as of now the ordinance should be left as is, but ~h~ewished the Planning Conm~ission to obtain public input and give their recc~Fendation. Councilmembers Clevenger and Mallory then withdrew their motion and second. CONSENSUS TO RE~'E~ TO PLANNEqG COMY~SSION TO AGENDIZE; CAN BE HEARD AT A REGULAR MEETING RATHER THAN A STUDY SESSION IF THEY WISH. Mayor Callon requested that the Conm~issbn receive the public input which had been presented to the Council. She also cc~anented, for the Cormtission's informa-' ti0n, that the problem seemed to have arisen because of lot splits on slope density issues rather than subdivisions on slope density issues. 3-1/5/83 VI. BIDS AND CONTRACTS None. VII. CONSENT C~I,RNDAR City Manager renDved Item F; Fanelli removed Item A. CALLON/MDYI,F.q MOVED TO APPROVE iTEMS B-E. Passed 5-0. A. Approval of "RUn Your Plaque Off" FOOtrace, 2/27/83 FANY~,LI/CALIDN MOVED TO APPROVE ON CONDITION THAT THOSE RESPONSIBLE FOR RACE CLEAR UP TRASH. Passed 5-0. B. Release of Security, SDR 1397, Barnberg (Saratoga-Sunnyvale Road) Approved. C. COnstruction Acceptance, Tr. 6722, Dividend DeveloFment (Carnelian Glen Ct. ) Approved. D. Final map approval, SDR 1526, LOngmeadow Develot~nent (Douglass Lane-- 3 lots) Approved. E.Final acceptance, SDR 1430, Bellicitti (Chester Avenue) Approved. F. Approval of Warrant List (distributed at meeting) MALLORY/FANE. IJ,I MOVED TO APPROVE. Passed 5-0. VIII. ADMINISTRATIVE MA~'I'b2{S A. MAYOR Council and City Manager discussed scheduling of various itens, including joint meetings with .Fire District, Parks and Recreation CuL,l,~ssion, Planning Ccm~mission, General Plan issues, budget plaDmj_ng, and discussion of Abrams property at Cox and Saratoga. Mayor Callon noted the upcDming Great Race. B. COUNCIL AND CO~iMISSION REPORTS COunci~ Mallory cc~m~_nted that problems at Revin Maran Park and pizza parlors were continuing, as mentioned in a memo he had sent to the Council and City Manager. He favored the pursuit of a C~'m'~UnityI Services Officer program so that such problems could he monitored rare effectively. COUncilmamber Cl.evenge37~ s_upported Mr. Mallory's statements, and COUncilmember Mallory ~i~'ste~]~.~> an agendized report on the CSO program. Mayor Callon requested that the status report he distributed, and City Manager suggested that COuncil delay any decision Until April, when more information would be available. Under that time schedule, he hoped to have people ready for training by July 1. C. ~EPARIT4ENT HEADS AND OFFICERS 1. Finance Director report on reduction of retirement related expenses 2. Maintenance Director a. Approve solid waste management litter centrol grant and authorize appropriation of monies subject to full reimbursement CLEVENGER/MALLORY MOVED TO APPROVE GRANT, AUT~DRIZE APPROPRIATION, AND ADOPT RESOLbTION 1099.8 AMENDING BUDGET TO ALLOW APPROPRIATION. Passed 5-0. b. Purchase of three vehicles FANELLI/MALLORY MOVED TO AUTHORIZE PURCHASE. Passed 5-0. D. CITY f MANAGER 4-1/5J83 1. Determine date for field trip for Argonaut Shopping Center CONSENSUS TO HOlD 1/15 at 9:00 AM. IX. ADJOURNMENT Council a~journed at 9:30 p.m. to closed session on personnel matters. Respectfully subnitted,' Grace E. Cory Deputy City Clerk