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HomeMy WebLinkAbout02-02-1983 City Council Minutes SUMMARY MINUTES SARATOGA CITY COUNCIL TIME: . Wednesday, February 2, 1983 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Avenue TYPE: Regular Meeting CLOSED SESSION - Personnel - 6:00 p.m. Senior LOunge, 19655 Allendale Avenue REGULAR MP/~i']IqG - 7:30 p.m. I. ORGANIZATION A. ROlL CAlL - Councilmembers Clevenger, Fanelti, Mallory, Moyles, and Mayor Callon present at 7:35 p.m. B. MINUTES - 1/19, 1/25 CLEVENGER/MAILORY MOVED TO ADOPT M_INLFfES AS SI~'rl'Bu. Passed 5-0. C. ADMINISTRATION OF OATH TO NEWLY-APROINTEU AND REAPPOINTED COMMISSIONERS Oaths of Office were administered to ConmLissioners appointed 1/19. D. RESOLLFIONS COM~NDING RETIRING COMMISSIONERS MALLORY/CLEVENGER MOV[D TO ADOPT RESOLUTION 2032 ~ING JOHN TERRY. Passed 5-0. CLEVtNGER/FANEI.7.I MOVED TO ADOPT RESOLUTIONS 2033 AND 2034 ~ING VIC MONIA AND RONALD LEE HIll~q, RESPECTIVELY. Passed 5-0. II. COMMUNICATIONS A. ORAL Willem Kohler, 21842 Via Regina, spoke as President of the Pierce Canyon Hcme- owners Association. He expressed concern about the condition of Pierce Read, Mt. Eden Read, and Bohlman Read. He also suhnitted a letter on the subject. The City Manager expleuined the work which had been completed and that which was in progress and provided Mr. Ko~ler with a written report from the Maintenance Services Director. Councilmember Moyles questioned the City Manager further on the matters raised in Mr. Kohlen's letter, and the City Manager replied that all of the roads mentioned had existed before the City was incorporated, and the problems did not seem to be related to recent construction. Councilmember Moyles than asked whether Mr. Kohler had written it under authority of the Pierce Canyon Hc~eowners Association Board, and he replied that he had received ctEn- plaints fD3m people on the problem but had written the letter himself. Council- member Moyles then stated that, contrary to Mr. Kohler's letter, the City had emphasized conserving City funds carefully.. He pointed out that funds were being _spent on such items as law enforcement and street maintenance rather than develop- ment of new roads. As to the possibility of tax proposals, Councilmember Moyles stated that there were none as yet to he considered and that Mr. Kohler might wish to follow later deliberations of the Council on the matter. Tom Reddick, 12389 Larcbnt, spDke for a period of five minutes on his belief that the City received income from the new Library computer, the fact that he had suggested'that the City obtain revenue frc~ video game machines, and his concerns about the construction of cable television facilities and the rates to be charged. Mayor Callon pointed out to ~. Reddick after he had spokenL'.for several minutes that each agenda indicates that speakers are limited to two minutes and that the City operates under its own ordinances and regulations, not Reberts Rules of Order. Mr. Reddick finished speaking, left the microphone, and was not again recognized to speak. City Manager explained the construction work that was being performed in. connection with cable television, saying that the City was work- ing in a cooperative relationship and any problems should he resolved. AS to rates, he stated that the City has authority to regulate only basic service, not subscription rates. As to the Library computer, he pointed out that the Library is a County service, and the City will not receive revenues from that source. 2-2/2/83 Russell Crowther, 20788 Norada Court, spoke as a Planning Cc~missioner, expressing concern about Bohlman Road and questioning the wisdom of approv- ing projects in that area. City Manager explained City plans further and noted that Bohlman Road is wide enough for two cars to pass safely in the incorporated area, alth3ugh County segments of Bob/man may not be. Councilmember Mallory suggested that staff repare an action plan for Bohlman Road, including an analysis of whether further develolAment should he pezmitted. Consensus to take up the issue at the discussion of goals and policies. Councilmember Fanelli then announced that she would be pleased to meet with - ' any citizen to discuss cable television, since she had been designated the Councilmember to attend the fneetings on cable television. She also pointed out that citizens' concerns could be placed on the agenda at a later date, although oral cu~unications were limited to two minutes per person. B. WRi'I'I'~iN #1 from Edward J. Bolger resigning from Heritage Preservation Cc~nission, accepted with regret. #2 fr~n John Haufe with questions on false alarm ordinance, to be addressed by report frc~ City Manager at a- later date. III. SUBDIVISIONS, BIFJ,DING SIT~.'S, i%IqD ZONI~G REQLIESTS ~ None IV. PETITIONS, ORDINANCES AND RESOLUTIONS A. ORDINANCE rezoning portion of site at 14540 Big Basin Way frcm RM-3000 to C-C (E. Zambetti, C-199) CLEVENGER/MAILORY MOVED TO APPROVE NEGATIVE DECLARATION. Passed 5-0. FANRL,I/MOYLES MOVED TO INTRODUCE BY TITLE OEiLY, WAIVING FURTHER READING. Passed 5-0. B. REQUEST frcTa Saratoga High School for $2400 to resurface tennis courts Ted Likins, Principal of Saratoga High School,explained request, staking that Saratoga residents made use of courts. CLEVENGER/MOYLF.q MOVtI) TO APPROVE REQUEST AND ADOPT RESOLUTION 1099.9 APPRO- PRIATING FUNDS. Passed 3-2 (Fanelli, Mallory opposed). Councilmember Mallory stated he opposed the request primarily because the matter should have been referred to the Parks and Recreation Cul~Hssion; he was also concerned about spending scarce money on non-essentials. Council- member Fanelli agreed. V. PUBLIC HEARINGS A. APPEAL Of conditions of variance to reduce the parking requirements for a bank to be constructed at the Argonaut Shopping Center on Saratoga-Sunnyvale Road (Applicant/appellant, Robert Egan for Mr. Sanfilippo) (continued from 1/19) Mayor Callon announced that she and Councilmember Mallory were stepping down frcm their seats as Counci]/nemt~rs because each had a financial interest in the property. Mayor Pro Tem Clevenger assuned the seat of Mayor. Conmunity DeveloFment Director explained appeal and corrected an error in sequence of phrases in one of the conditions listed in the agenda bill. Councilmember Fanelli questioned t~D phrases in the conditions, and there was Council consensus to add that the cost of construction of such joint access shall not be berne by the applicant and to show that the applicant ~Duld provide bend for payment of 25% of the traffic light. Councihnember Moyles, after inquiring as to the meaning of the ~ord "approved" in Condition 1, suggested that it be changed to "selected;" there was consensus to do se. The public hearing was opened at 8:40 p.m. Bog Egan spoke as the appellant/ applicant, expressing preference for the signal being placed at Brandywine, where the State might pay for a portion. He stated that the conditions as amended were acceptable to him. 3-2/2/83 Neale Cabrinha then spoke as a representative of the bank, requesting that the access be located~:2~as~easterly as possible. He also requested that the location of the signal he decided as soon as possible, since there had been a good deal of public input already. Mr. Cabrinha also noted that if the signal wore at Blauer, a median would have to be censtructed which would effectively bar access to the main entrance of the shopping center. He also asked whether there wore a time problem on the variance, and City Attorney stated that if the Council wore hearing the appeal at the continued request of the applicant, there should be no time problems. Councilmember Fanelli requested that the applicant be notified if a time problen did develop. After discussion about holding a public hearing, City Manager stated that such a hearing could he held informally, with the neighbors being notified of the date; a State traffic engineer could be invited to explain the technicalities of traffic signal location. No one further appearing to spea, the public hearing was closed at 9:50 p.m. CONSENSUS TO HOLD PUBLIC HEARING 3/16 ON LOCg~TION OF TRAFFIC LIGHT. " FANFLT.I/FDYLES MDVED TO APPROVE THE APPEAL PER THE CONDITIONS OF THE AGEND~ BIT,T, DATED 2/2/83 AS AMENDED. Passed 3-0 (Callon, Mallory not participating). B. APPLICATION of Blackwell Heroes for approval of reversion to acreage bf six approved lots (Tr. 6528, Lots 35, 36, 70, 71, 73 and 74) into one parcel Community DeveloBnent Director explained application and noted that parcel map showing lots 70-74 should be bifuncated into two maps, each showing two lots being reverted into one parcel. The public hearing was opened at 8:58 p.m. Bill Heiss, the applicant's engineer, rose to answer any questions. There were no questions. No one further appearing to speak, the public hearing was closed at 8:59 p.m. FANEILI/MALIDRY NDVED TO APPROVE APPLICATION, MAKING THE REQUIRED FIND]lqGS, SUBJECT TO THE APPLICANT'S SUPPLYING INDIVIDUAL PARCEL MAPS FOR LOTS 70-71 and 73-74, AND ADOPTING RESOLUTION 2035. Passed 5-0. The Council then recessed frcB 9:00 to 9:10 p.m. C. REVISED General Plan and Environmental Impact Report ASsistant Planner explained beckground of General Plan. Mayor Callon reviewed the basic schedule for General Plan consideration. The public hearing was opened at 9:15 p.m. Kathy McGoldrick, 21860 Paseo Presada, clarified that the E1 Quito Park residents wanted Quito Road upgraded, but net widened; they wanted the Abrams property used for single family homes or multiple dwellings for seniors but ~Duld not object to executive offices. Mary Boscoe spoke as a representative of Stone Pine Hcm~owners ASsociation, 14611 Big Basin Way and 14605 Big Basin Way. She objected to the deletion of the use pexmit requirement for multi-residential use in the CV zoning district wost of Fifth Street on Big Basin Way. She felt the use permit procedure allowed her to be kept better infomned. Ms. Boscoe stated that she represented the Caldwell property condominiuns. The public hearing was continued to March 16. (Clerk' s note: After Item VI. was considered, Mayor Callon noted for the record two letters concerning the General Plan, one frc~ Robert G. Teresi concerning property at the corner of Saratoga Ave. and Bucknall Rd., and one from the Good Government Group encouraging Council to view the General Plan as a guide to the future of the City as a whole rather than separate neighborhoods. ]Council- member Fanelli noted a revious letter frcm Raisa~ Kocher asking that the General . .Plan designation for _a ~t in Area I remain the same. ) VI. BIDS AND CONTRACTS A. FINAL Acceptance of Villag~ Libr~_ry R~neva[idh MALLORY/CLEVEiqGER MOVED TO ACCEPT COMPLETION AND AUTHORIZE FIlqAL PAYMENT. Passed 5-0. VII. CONSENT CAT,EN]DAR A. TREASURER'S Report - December i B. APPROVAL of Fifth Annual KEZR Pools Parade Race ' ' C. APPROVAL of Warrant List 4-2/2/83 MOYLES/MALLORY MOVED APPROVAL OF CONSEN~ CAT.RNDAR. Passed 5-0. VIII. ADMINISTRATIVE MA~'i"ERS A. MAYOR Mayor Callon reported that the hazardous materials ordinance was to he before IGC the next night. There was no consensus among the Council as to instruc- tions to be given Mayor Callon. B. COUNCIL AND COMvLISSION REPORTS CounciLmember Clevenger reported on the loss of about 8 feet of creek due to the recent storms. She also reForted on the last meeting of the Highway 85 task-force, expressing concern that if any alternative is eliminated the City may have no recourse to have that alternative considered. Councilmember Mallory reported that he bad attended a meeting of the Peninsula Division of the league of California Cities Jan. 27; he had requested that John Obenhuber sut]nit a proposal for discussing cuL~qsation policy issues with the Council. 1. Planning Cammission a.Report on request for modification to scenic easement, Tr. 5693 - Hong C~L~dnity Develol~nent Director explained reFort, and Council ~egan .to discuss various oFfcions. -;. FANRLLI/CLEVENGER MOVED TO UPHOLD THE PLANNING'COMMISSION ~ATION NOT TO MODIFY THE SCENIC EASEM~qT, 'MAKING .THE FIMDINGS MADE BY THE PIANN]IqG C(~MMISSION AS TO ELIFLINATION OF THE PROBLEMS AND REFERRING TO OTHER CONDITIONS RECOD~NDED BY THE PLANNING CO~v~ISSiON IN A I~TFEt{ FROM ROBERT SHOOK DRI'~U {17~783. Passed 5-0. (Vote Was taken after discussion below. ) After further aiscuSsion of o~tions and their consequences, Moyles/Mallory moved to abate the retaining wall unless the Planning Oorm~ssion, within 90 days, rec~'m~ended against such abatement. The notion was later withirawn. Cu~u~Lunity Develo[~ent Director stated that if Mr. Hong reroved the walls and grading the City ~Duld review his activities to ensure that the grading would be returned to its original state or taken care of in soma other way. If the City abated the wall, he said, the City would restore the drainage to its original state. Staff clarified that a 2-foot retaining wall would not he considered a structure and would thus not be prohibited fr~n the scenic easement. 2. Parks and Recreation Cu,,~,ission a. Cu,pletion of report on Park Contingency Plan recommendations Planning Director seized reconmendations. Mayor Callon excused herself for several minutes, and Councilmember Mallory presided as Mayor Pro Tem. Councilmember MDyles suggested that the scope of the discussed be broadened to the general fiscal problems of the City. He noted several cohcerns and sug- gested that the Council work with David Jones as facilitator to set up an action plan, beginning on an early Saturday in March and including ~ppropriate department heads and chairpersons of appropriate advisory committees. There was consensus to do so. C. DEPARTM~V~ HEADS AND OFFICERS 1~ Planning Director ". a. Report on number of Commissioners for Heritage Preservation Conmission Councilmember Fenelli inquired as to whether the Cc~mission was preparing a report on their goals and direction. Planning Director said a report was in progress, and there was consensus to defer the item until the report was available. 5-2J2783 b. Report on correspondence from Clay Thcmas on Annexation Planning Director explained issues, and Council discussed alternatives. Mr. Thomas rose to state that the property could be a source of revenue to the City if it were developed. CALIDN/MALIDRY MOVED TO FOLLOW THE STAFF RECOMMENDATION TO ACCEPT AN APPLI- CATION FOR TENTATIVE MAP AND REQUEST THE PLANNING CCMviISSION TO CONSIDER WHETHER THE AREA CAN BE ADEQUATELY SERVICED. Passed 5-0. Council discussed issues further, including the possibility that the Planning Cc~mission might deny the tentative map because of lack of adequate service. CLEVt~GER/CALIDN MOVED TO RECONSIDER THE PREVIOUS MOTION. Passed 5-0. CALLON/FAN~.LI MOVED TO SEND THE ISSUE TO THE PLAMqING COMMISSION WITH A STAFF REPORT TO D~Ji'ERMINE W}~'i'HER THE AREA CAN BE ADEQUATELY SERVICe3 IF IT IS ANNEXED AND INCLUDING AN ANALYSIS OF THE FISCAL IMPACTS OF ANNEXATION. Passed 5-0. Councilmember Fanelli noted that the motion was based on the idea that the Planning Commission could coDx]ition the tentative map to provide those services. D. CITY MANAGER 1. Report on Street Repairs due to Store Damage (added at meeting) FAN~.I.I/MAILORY MOVED TO APPROVE EXPENDITURES FOR REPAIRS AND ADOPT RESOLUTION 1099.10 MAKING APPROPRIATIONS. Passed 5-0. IX. ADJOURNmeNT - 10:50 p.m. FANELLI/MALIDRY MOVED TO ADJOURN TO EXECL~IVE SESSION ON PERSONNEL MA~TERS AT 6:00 P.M. ON FEBRUARY 8. Passed 5-0. Respectfully sukmitted, Grace E. Cory Deputy City Clerk