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HomeMy WebLinkAbout03-02-1983 City Council Minutes SEY M/NUTES SARATOGA CITY COUNCIL TIME: Wednesday, March 2, 1983 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Avenue TYPE: Regular Meeting CIDSED SESSION - Litigation and Personnel - 6:00 p.m. Senior lounge, 19655 Allendale Avenue REGULAR ~i'ING - 7:30 p.m. I. ORGANIZATION A. RDLL CALL - CounciLmemt~rs Clevenger, '. Fanelli, Mallory, Meyles and Mayor Callon present at 7:35 p.m. B. MINUTES - 2/16 FANELI,I/MALLORY MOVED TO ADOPT MINUTES AS SUEM1Ti'~jO. Passed 5-0. II. COMMUNICATIONS A. ORAL - No one appeared to speak. B. WRi'rI'~jN #1 frc~ Mr. F~dness concerning Route 85 to be discussed under Councilmember Clevenger ' s reports. #2 from Mr. Ingrain requesting funds for LOng-Term Care Ombudsnan Progrin to be considered with entire buffget approximately May 18. #3 frcm Mr. McNicholas concerning Aflvisory Ccmmittee on Utilization of School Property - consensus not to appoint councilmember, since Planning Conmission had appointed one of their members to committee. #4 frcm Nancy Hobbs concerning AAUW Week to be discussed under Adnkinistrative Matters. III. SUBDM SIONS, BUITDENG SIT~:S AND ZONING REQUESTS - None. IV. PETITIONS, ORDXlqANCES~_AND RESOLUTIONS A. REQUEST for refund of fees in connection with Tr. 6850 (B. Hagan) City Attorney and staff explained that Mr. Hagan had recorded an approved final map and paid the appropriate fees, but his use permit for condominions expired, and he was requestfLng a refund. City Attorney stated that since final map had been recorded City would .have to allow development but could not impose further fees if it refunded Mr. Hagan's fees. Mr. Hagan and his engineer, Herb Frc~ra, displayed map anti requested refund of fees as a matter of equity. Councilnem- bers and staff discussed situation and detezmined that there was no sure means of refunding the fees and collecting them later. Councilmember Fanelli suggested Mr. Hagan's recourse might be for the property owner, who centrols the property. to request a ref~md. MALLORY]FANET,T,I MOVll] TO DENY REQUEST FOR REFUND. Passed 5-0. Since the hour of 8:00 had arrived, Mayor Callon proceeded to public hearings as required by ordinance. V. PUBLIC HEARINGS A. APPEAL of denial of design review approval to locete a two-story single family dwelling at Aloha Ave. near Forrest HIll Dr. in the R-1-15,000 zoning district {Appellant/applicant, E. Westbrook) ~14689 Aloha Ave., A-847) Con~unity Develogment Director explained lssues in general. The public bearing was opened at 8:05 p.m. Mrs. Ernest Westbrook, 5012 Adair Way, Sen Jose, spoke as one of the appel- lents, asserting that the heuee would not block the view and that there were other t~o-story buses in the area. She also stated that other buses in the area were larger than the proposed house, which would be screened by trees in beck. 2-3/2/83 Roger Kohler, architect for the project, showed transparencies of the 'plans and photographs of a two-story house in the area. He believed that if the ~ proposed ~ house were reduced to one-story, it would cover more ground on the site, would have shorter setbacks, and would block the view more. He estimated that the setback of the Tudor house in his photographs was 65 to 70 feet in front. Jack Martin, 14718 Aloha, spoke against the proposal, showing slides of the site and the neighborhood. He stated that the neighbors were overwhelmingly against the project as being out of character with the neighborhood. Mr. Martin added that the Tudor house in Mr. Kohler's photographs was set back - 157 feet by his moasurem]ents., and was on a lower site, while the proposed house was on a site well above street level. Carol Pozos, 14704 Aloha, spoke against the project, saying that the proposed hou~ was out of charac~'>with the neighborhood. She also expressed the fear that Saratoga' s standards were failing, since single story houses had previously been mandated in the area and were now merely encouraged. Roy Crawford, 14711 Aloha, spoke against the %j~p~ject, stating that allowing the two-story house would set an undesirsble precedent in the area, encourag- ing two-story additions as well as new two-story houses. Hugh Brunner, 14662 Aloha, also s~ohe against the project, pointing out that the site was 7 feet above street level. Aare Onton, 14690 Aloha, then spoke against the project, saying that it vio- lated ~"principl~ and set a precedent for two-story houses in the vicinity. No one further appearing to speak, the public hearing was closed at 8:40 p~m. Council discussed issues, including the fact that the appellant had alter- natives if his appeal were denied; the public hearing process had permitted all parties 'a full hearing; denying the appeal should net be interpreted as a Vote against Tudor houses; a variety of acceptable houses compatible with a neighborhood is desirable; in times of economic changes more people may request permission to oSnstruct two-story additions, and each should be examined on its own merits as to whether it is an appropriate design for the neighborhood; the proposed design is not compatible with the neighborhood. MDYLES/CLEVENGER FDVED TO DENY APPEAL. Passed 5-0. B. Appeal of denial of tentative subdivision approval and Negative Declaration for a 9-lot subdivision for a site on Saratoga-Sunnyvale Road near Tricia Way in the R-1-12,500 zoning District ~Appellant/ applicant, David Wilsen for Wilson Development) (SDR-1531) Counci~ Fanelli stepped down, since she is employed by the appellant, and took no part in the discussion. City Manager noted that appellant had suhnitted a letter requesting eenEinu- anee which was distributed to the Council. There was consensus to continf]e the matter to a later date; Councilmember Mallory opposed continuance because he did net feel there were grounds to do so. The public hearing was opened at 8:45 p.m. Ron Pizziali, 13123 Regan, spoke against the project, saying that all of the affected neighbors opposed it. He objected to the length of the cul de sac as wall as the number of homes on it. He also objected to the process which had been followed in settling the litigation. Mr. Marcuse, representing Wilson Develot~nent Co., requested the continuanee as stated in the letter. Bob GranL]n, 20421 Tricia Way, spoke against the project, objecting to the pro- cess which had been followed in the settlement and suggesting alternatives which he felt might have been mDre acceptable to the neighbors. Ray Cunningham,20423 Cunnj_ngham Place, stated that he had not signed the petition against the project with access by Tricia Way. He felt it was dan- gerous to ccme from Saratoga-Sunnyvale Road and make a U-turn. No one further appearing to speak, the public hearing was continued to May 4, with a study session scheduled for April 26. 3-3/2/83 CounciLmember Mallory conmented that he had previously stated that the process used in settling the lawsuit, although legal, did not satisfy the requirement for open resolution of problems. He hoped to keep such decision-making as' open as possible in the future. As to the access, he strongly supported Tricia Way, as he believed access by Saratoga-Sunnyvale would be dangerous. The Council recessed from 9:05 to 9:25 p.m., and Councilmember Fanelli returned to her seat. Mayor Callon then returned to items preceding public hearings on the agenda. IV. PETITIONS, ORDINANCES A~D RESOLUTIQNS (continued) B. Consideration of City Manager Cu~ensation Consensus to continue to next regular meeting. C. Approval of change order #1, final payment, and appropriations adjustment for work perfol]ned on Mt. Eden Road MALLORY/FANR. T,T,I MOVED TO APPROVE CHANCE ORDER, FINAL PAYMMV~, AND APPROPRI- ATIONS'ADJUSTMMqT AND ADOPT RESOLUTION 1099.13. Passed 5-0. D. Resolution approving Stipulation for Settlement, Parnas Corporation Councilmembers Fanelli and Moyles and Mayor Callon supperted the settlement because it . settles' three lawsuits with only four lots being conceded; settling saves time and expense and provides security frcm further litigation; the number of lots is less th~ln that previously approved by the City. Councils Clevenger and Mallory opposed the settlement because the City had signed a previous agreement with Parnas which w~s acceptable to both sides and which the City cormplied with fully; additionally, Parnas had had the right to develop more lots if Measure A was declared invalid, which right other developers did not have. CALLON/MOYLES MOVED TO APPROVE STIPULATION FOR S~iTLMENT. Passed 3-2 (Clevenger, Mallory opposed). E. Resolution on Federal ~n~rgency Management Agency Assistance (added at meeting) FANF~,T,I/MALLORY MOVED TO APPROVE RESOLUTION 2039. Passed 5-0. Mayor Callon than proceeded to items following public hearings on the agenda. VI. BIDS AND ~S - None. VII. CONSENT CAT,~qDAR ,. ~ A. Release of BOnds - Tr. 6632 (G. Butler) B. Approval of Diabetes SOciety Bike-A-Thon, 5/15/83 C. Approval of Warrant List FANF~.T.I/MOYLES MOVED TO APPROVE CONSENT CALEkDAR. Passed 5-0. VIII. ADMINISTRATIVE M3~'i'~RS A. MAYOR · 1. Resolution concerning the Great California Resource Rally Consensus to adopt Resolution 2040. 2. Resolution proclaiming National Wc~men's History Week (Co-sponsored with Councilmember Mallory) Consensus to adopt Resolution 2041. 3. Resolution proclaiming Science Fair Week COnsensus to adopt Resolution 2042. 4-3/2/83 4. Resolution ooncerning Solar Energy Tax Credits Lyle MoCarty, 19235 Harlan, spoke against the resolution, stating that the solar energy tax credits ~Duld help the affluent rather than conserve energy. He brought up the question of the ~ty Library, whose solar heating system, he said, did not save enough energy to make its high initial cost worthwhile. Council discussed issues, with soma favoring the credits because they would pro- vide support for fledgling industries in alternative energy and s~me opposing the credits because they could have been initiated by the solar industry and may not have proven their worth. Councilmember Moyles opposed the resolution because he felt it might he a matter of substance which ought to be donsidered reDre closely. Consensus to amend certain sections of the resolution. CALLON/FANFZ.LI MOVED TO ADOPT RESOLbTION 2043, AS 'AMEZD~I). Pas~ed 3-2 (~llory, Myles opFosed) B. COUNCIL AND (3DMXISSION REPORTS 1. Resolution opposing use of Guadalupe College site as a prison (sponsored by Councilmenk~r Clevenger) Council discussed issues and amended resolution to imply that Saratoga was not taking a position on land use in Los Gatos, but endorsed the objections Los Gatos expressed to having the use imposed upon it from outside. MDYLES/MALLORY FDVED TO ADOPT RESOLUTION 2044, AS AMENDED. Passed 5-0. Clevenqer - di~dnssed issues involved in Written ConEunication #4 from David Fadness concerning Highway 85. She recommended no action be taken on the letter, and Council concurred. Shelley Willi~ns rose to request that Council support preservation of the full 18- mile corridor with full study of a freeway-only analysis. Council did not support ' ~ir. Williams' re~dation. Moyles - asked about Mr. Yasui's schedule in connection with Sister Cities program. Margaret Corr explained that Sister City Committee was making arrangements. Council- member Moyles asked that he.be gi~_n a program, and Mayor Callon asked that Mr. MDyles let Council know when they are on schedule. Councilmember Fanelli brought up funding, and Mayor Callon stated that if the City sponsors events, the City should pay for them, as well= as for gifts given on behalf of the City; if the oonmbittes sponsors events, they can do so by potluck or from their own funds. CounciLmemt~r Mallory expressed ooncern that the committee not go beyond a certain anDunt of money unless Council authorized. Councilmember Moyles stated there should be no substantial expenditure of mney by the cul~L,~ttee, and no City expenditures. Mallory - reported on Employee Relations Service proposal em~ recommended that Council follow up on it. He also presented information on Project Independence, which is intended to free local goverr~ents from dependence on the vagaries of state appropriations. He then recum~ended that Council develop a plan to evaluate the Bohlman Road area and' perhaps held a public hearing. Mayor Callon stated that access had been cut through to both sides of Boblman. Fanelli - deferred report until later in the meeting. 2. Presentation by Heritage Preservation Conmission (S. McArthur, chair) Mrs. McArthur intzeduced the.cenrmissioners and gave a slide presentation on heritage preservation in Saratoga. She reiterated their desire to have two more conmissioners to help with their efforts and brought up the possibility of putting a 180-day de~Dlition delay for historic structures in the historic preservation 3. Report fram Planning Cdmmbission on abandonment of Carnelian Glen easement requested by R. Rodriguez Staff explained iss~s and options, and Ralph Rodriguez appeared to assert that easement was a security problem and should be abandoned. CounciLmember Moyles thought perhaps Council could look at the issue after more pressing matters had been settled. Councilmember M~llory favored analyzing the trail system on a large scale so that tfrails could be properly managed. Consensus to accept the resolution of the Planning Cule~,~ssion and the 5-3/2/83 recc~merdations of the Planning Ccmm~ission and Parks and Recreation Ccmm~ission not to take action to abandon the easement. Mayor Callon stated that Mr. Rodriguez's COncerns on the legal issues would he responded to. B. COUNCIL A~D ~SSION REPORTS (COntinued) Fanelli - requested that staff write the BOard of Supervisors asking for representation on the task force COnsidering COnsolidation of Saratoga's t~D fire districts. Consensus to do so. Councilmember Fanelli brought up Mr. Pache's request for a loading zone for valet parking in front of the Plumed Horse. Consensus to have the request inCOrporated in the Village Plan. As to problems with Blondie's, Con'~YLunity DeveloFment Director reported that Blondie's had taken action and complaints had stopped. City Manager stated that Sheriff's Department did not consider situation a policing problem. Councilmember Fanelli requested that City Attorney prepare a statement of guidelines City must follow with respect to the Housing Element. There was COnsensus to do se. Councilmenber Fanelli reported she had met with Edna Miller on cu~ul~unity newsletter. Mayor Callon requested that Ms. Miller write us a letter on cost of newsletter and then meet with Council. Consensus to do so. Councilmember Fanelli asked where Council reports in case of disaster, and City Manager replied they should report to the City Hall. Councilmember Fanelli brought up the Shop Saratoga letter, the purpose of which is to inform residents of the benefits of shopping in Saratoga. Consensus to have Council look over letter. Mayor Callon then brought up Written CuL~.unication #4 concerning AAUW Week. Consensus to prepare a docnmnent of reCOgnition of AAUW Week. Councilmember Mallory riDted he may not agree with a] ] positions taken by AAUW. Mayor Callon inquired as to the status of the microphone system, and City Manager reported that the system had been checked end problems repaired; pro- posals for a now system will he ready for the 1983-84 budget. Assistant Planner Flores reported that Planning Conn~ssion had sufficient microphones. C. DEPARTMENT HEADS AND OFFIC~FS 1. Report frem Planning Director on 1982 Bay Area Quality Plan. Noted and filed. D. CITY MANAGER City Manager reported on recent storm damage and progress on repairs. IX. ADJOURNM~I~T Council adjourned at 11:.20 p.m. to closed session on personnel at 6:00 p.m. on March 9. Respectfully sukmitted, Grace E. Cory Deputy City Clerk