HomeMy WebLinkAbout05-04-1983 City Council Minutes MINUTES
SARATOGA CITY COUNCIL
-TIME: Wednesday, May 4, 1983 - 7:30 p.m.
PLACE: Civic Theater, 13777 Fruitvale Avenue
TYPE: Regular Meeting
I. ORGANIZATION
A. ROLL CALL - Councilmenk~rs Clevenger, Fanelli, Mallory, MDyles and Mayor
Callon present at 7:40.
B. MINUTES - 4/20
FANRI,T,I/MALLORY MDVED TO ADOPT ~/BFJi~S AS SUBFii'I'I'ED. Passed 4-0 (Callon abstaining,
as she had been absent from t_he 4/20 meeting).
II. COM~IUNICATIONS
A. ORAL
Ed Gcmersall, Chairman of the ParF~ and Recreation Cu~ssion, invited the Council
to a tour of parks and a barbecue. Date was tentatively set for May 21. Council-
member Fenelli suggested that the Planning C~L,~ssion be included if the Parks an~]
Recreation Conmission wished to do so.
B. WRi'ITEN
All letters were either referred to staff or noted and filed:
#1 frcm J. Tatro with questions on law enforcement.
#2 fr~ M. Teresi COncerning Green Valley Disposal rates.
#3 from D. and R. Hartman objecting to disposal site.
#4 frcm T. Rabinowitz requesting traffic change on Hume.
#5 from L. Spieller requesting traffic change on Melinda Circle.
#6 from G. Cotlyer COncerning Hazardous Materials Ordinance.
Councilmember Fanelli toted that Council had received another letter from Mrs. Sherrill
in their mail and requested that staff write her a letter clarifying the situation with
respect to Paul Street improveme~_ts.
III. SUBDM SIONS, BUILDING SITES AND ZONING REQUESTS - None.
IV. PETITIONS, ORDINANCES ABD RESOLbTIONS
A. Ordinance amending Ordinance 66 by changing number of members of Heritage
Preservation Commission frc~ 5 to 7 (seCOnd reading)
Acting City Manager reported that Planning Conmission did rot wish to have a Culn,,~ssioner
as aet member of the Heritage Preservation Cu~u.~ssion. Assistant Planner Flores
explained that the workload for Plann/na Commissioners was very heavy, and they could
still maintain an informal liaison with the Heritage Preservation Commission.
FANELI,I/MALLORY MOVED TO AM~qD ORDINANCE TO REMDVE REFEMENCE TO PLANNING CO}.~4/SSIONER
AS A PE~9/qENT MEMBER OF THE HERITAGE PRESERVATIGN CO~Z[SSION SO THAT FIVE OF THE
SE75N b~I~BERS WOULD BE APPOINTED AT LARGE AND TO INTRODUCE THE AMENDED ORDINANCE BY
TITLE ORrLY, WA/VING FURFfm-~R'READING. Passed 5-0.
B. Ordinance amerding the City Code to except dogs used for law enforcement
from the leash law provisions (seCOnd reading)
MALLORY/CLEVENGER }iDVED TO READ ORDINANCE 38.109 BY TITLE ONLY, WA/VING FURI~IER READ-
ING, ~}~D ADOPT. Passed 5-0.
C. Resolutions On existing Landscaping and Lighting District LLA-1
FANELLI/MOYLES MOVED TO ADOPT RESOLUTION 2051-B GIVING PREL]~ilT,RRY APPROVAL OF
ENGINEER'S REPORT. Passed 5-0.
2-5/4/83
~GER/~DYLES MCUED TO ADOPT RESOLI~ION 2051-C CONCERNING LEVY AND COLLECTION
OF ASSESSMENTS, WITH ~ TIME OF PUBLIC HEARING CHANGED TO 8:00 P.M. Passed 5-0.
D. Resolutions on Annexation to Landscaping and Lighting District LLA-1
~LLORY/CLEVENGER MOVED TO ADOPT RESOLUTION 2052-B GIVING PRELIMIN~RY APPROVAL
OF ENGIN~:~:~'S REPORT. Passed 5--0.
F~/~ELLI/CLEVENGER MOVED TO ADOPT RESOLUTION 2052-B ORDERING ANNEXATION AND LEVY
}lqD COII.FCTION OF ASSESSMSNTS, WITH THE TI~E OF PUBLIC HFARi~.IG CHANGED TO 8:00 P.M.
Passed 5-0.
E. Ordinance amerding the False Police Alarm Ordinance (second reading)
MALLORY/CLEVt~GER MDVED TO READ ORDIN~[NCE 38.105-i' BY TITLE ONLY, "WAIVING FURTHER
READING, AND ADOPT. Passed 5-0.
Since the hour of 8:00 had not yet been reached, Mayor Callon proceeded to itens
follc~.ling pL~!ic hearings on .the agenda.
VI. BIDS AND CONTRACTS - None.
VII. CONSE~ C~T.ENDAR
Councilmember Clevenger removed It~n F; Councilmember Fane]li removed Item H.
CLEVENC~i~/MALLORY MOVED TO ADOPT CONSEN~ QtLE~DAR WITH THE EXCEPTION OF ITEMS
F AND H. Passed 5-0. City Attorney then asked that Consent Calendar be reconsidered
because Item C. also needed to be removed because of insufficiency of claim.
FANELT.I/MAILORY MDVED TO RECONSIDER CONSENT CAT.k~DAR. Passed 5-0.
FAYEILI/MALLORY ~DVED TO ADOPT CONSEN~ CALENDAR WITH EXCEPTION OF ITE~I~ C, F, AND H.
Passed 5-0.
A. Denial of Claim - Weinmann
B. Denial of Claim. - Mariani on behalf of Jones
C. Denial of Claim - Flint on behalf of Clowdsley (renoved from agenda)
D. Finel Acceptance, SDR 1100, Brandywine Dr. (A.R. Woolworth)
Resolution 36-B-205
E.Final Acceptance, SDR 1487,. Aloha Ave. (Saratoga Union School' District)
Resolution 36-B-206
F.Final Acceptance, SDR 1272, Padero Ct. (S. Finberg)
Resolution 36-B-207
p
'C0dn~lmember' ~leVen~e~ 'asked whether adeio Ct. had been damaged during the storms,
and =' Maintenance = Director reDorted that there had been no damage that he knew
Of to {hat area of Padero Ct.
FANRLLI/MALIDRY ~DVED TO ADOPT RESOLUTION 36-B-207. Passed 5-0.
G.Offer of Dedication - Saratoga AVenue
Pesolution 36-B-208
H. Resolution establishing Sister City Relationship With Muko-Shi, Japan
CLEVENGER/MALIDRY MOVED TO ADOPT RESOLbTION 2055. Passed 5-0.
I. Authorization for Finance Director to Solicit Proposals for 3-year
Audit Agreement
J. Treasurer ' s Report -. ~.[trch
K. Approval of Warrant LiSt
Since the bur of 8:00 had been reached, tb~ ~Dr proceeded to public hearings as
required.
3-5/4/83
V. PUBLIC HEARINGS - 8:00 p.m.
A. Appeal of denial of tentative subdivision approval and Negative Declaration
for a 9-lot subdivision for a site on Saratoga-Sunnyvale Rd. near Tricia Way
in the R-1-12,500 zoning district, SDR 1531 (D. Wilson, appellant/applicant)
(continued from 3/2), and reconsideration of previous maps
Counci~ Fanelli excused herself frcm her seat as a councilmember and took no
part in the discussion or ~Dte in this item, since she is an employee of the appel-
lant.
Planner I~srdus explained the various maps being considered, and City Attorney des-
cribed the options available to Cotm. cil with respect to the various maps. Council-
member Mallory asked whether there were a means of assuring appropriate landscaping.
Planner. Kerdus suggested that a condition be added requiring dedication of an addi-
tional four fe~t of landscaping easement. City Attorney explained provisions of
the Subdivision Ordinance and the General Plan with respect to cul de sacs over 400
feet long. The public bearing was opened at 8:20 p.m., and Mayor Callon noted
that the subject of tbe public hearing was the appeal of denial of Map C.
Dave Wilson spoke as the appellant/applicant. He stated be preferred Map A with
modifications to resemble L~ap F; this would provide 6 houses on the existing cul
de sac, for a total of 15 houses, with four lots combined for PA zorting in the
future, ar~t access off Tricia. He believed the neighbors would agree, and it would
give a better appearsr, ce on Saratoga-Sunnyvale Road because of tbe landscaping in
the PA area.
Bob Saxe, attorney for Mr. Wilson, stated be would answer any questions.
William Kinder, 20412 Tricia Way, spoke in favor of residential develo~nment wif_h
access off Saratoga-Sunnyvale Road. In answer to Councilmember .~byles, ~;~?. Kfi=der
stated he was speaking for himself and for the attorney representing the neigblDrs,
Albert Ruffo, who was not able to be present.
Bob Grant~n, 20421 Tricia Way, spoke in fa~Dr of access off Saratoga-Sunnyvale.
Ray Cunningham, 23 Cunningham Way, spoke as tbe seller of the property in question,
urging tbe Council to make a decision quickly and to approve develo.._~ment under the
present 7x)ning.
The public hearing was closed at 9:50 p.m.
Council discussed issues. Councilmember ~llory .commented that the Council was
to make a decision based on the welfare and safety of residents. Mayor Callon
pointed out that City Attorney had stated that all the choices presented were within
the law. S_he expressed ber preference for M~p B (10 lots off Saratoga--Surm. yvale),
believing that it was best for all parties, and a si~nal would be installed near
the intersection. Councilmember Mallory stated that a majority of the City Council,
the Planning Cx3mmission, and the developer believed access off Saratoga-Sunnyvale
to be inappropriate in this area. Councilmember Cleven.ger pointed out tl~at either
.~cess ~ould result in a cul de sac over 400 feet in length, but sbe did not wish to add
an s~_di~ional intersection "to Saratoga-Sunnyvale. Counci~ Moyles felt the
merits were about equally divided, and the important thing was to majfe a decision.
MOYLES/CALLON ~IOVED INFORMALLY TO APPROVE ~tE NEGATIVE DECLARATION FOR SD 1505 AND
ADOPT ~il_p B FOR 10 LOTS ON SAPATOGA-SUNNYVALE. Failed 2-2 (Clevenger, Mallory
opposed; Fanelli abstaining).
MALLORY/CI,EVKNGER MOVED INFORMALLY TO APPROVE MAP A FOR 9 RESIDENTIAL MAPS WITH
TWO LOTS COMBINED AND TO DENY APPEAL. PASSED 3-1 (CallOn opposedl Fanelli
abstaining).
MALLOPI/CLEVENGER MOVED TO APPROVE THE NEC~ATIVE. DECLARATION FOR SD 1489 WITH A CHkN~
IN THE LEC~AL DESCRIPTICN SH(X~7NG NINE LOTS THROUGH COMBINING THD lOTS. Passed 3-1
(Callon opposed; Fanelli abstaining) ....
Mr. Saxe State{] that Mr. Wilson preferred to combine lots 7 and 8 and Mnr. Wilson
explained] his reasons. Cottncilmember ~allory inquired about a landscaping condition,
and Planner Kerdus stated that a 4-feet easement ~Duld result in desirable landscaping
adjacent to the pathway. Mr. Wilson expressed fear that the trees might then be in
4-5/4/83
the easement instead of the property owners' beck yards, and Ms. Kerdus suggested
adding a stipulation that the trees ~ould be on the hc~eowners' side. There was
oonsensus to do so, and to leave the choice of which lots to combine to the dis-
creation of the developer.
MALLORY/~{ ~DVED TO DIRECT STAFF TO PREPARE A RESOLUTION MAKING THE
APPROPRIATE FINDINGS TO 'APPROVE 'MAP A WITH ITWO IDTS COMBINED' AT THE DISCRETION
OF THE DEVELOPER, MAKING 9 RESIDENTIAL IDTS OFF TRICIA WAY, INCLUDING A CONDITION
FOR A 4-FOOT LANDSCAPING EASEMENT TO BE ADDED TO THE CC&R'S, TO BE AME~)ED ONLY
WiTH ~ CI~'S PERMISSION A~ ENFORCEABLE BY THE CITY, AS REQUIRED TO PLACE THE
TREES ON THE HOMEOWNERS' SIDE. Passed 3-1 (Callon opposed~ Fanelli abstaining). ..
MALLORY/CI,EVENGER ~DVED TO DENY MAP B FOR 10 LOTS OFF SARATOGA-SUNNYVALE. Passed
3-1 (Callon oppesed; Fanelli abstaining).
City Attorney noted that when the resolution approving Map A retu~n~ to Council,
Councilmember Moyles will have to make a statement that he has reviewed record of
previous public hearings sufficiently to be able to vote on it.
CALLON/C~,EV~qGER MDV~D TO DENY APPEAL ON MAP C (9 LOTS WITH ACCESS OFF TRICIA WAY)
AND UPHOLD THE PLANNING CO~v~ISSION DECISION. Passed 4-0 (Fanelli abstaining).
Councilmember Fanelli then resumed her scat as a Councilmenber.
B. Proposed Uses of Revenue Sharing Funds, FY 1983-84
T~e public hearing was opened at 9:15.
Barbara Rude, Saratoga Volunteer Coordinator, .s~oke in support of renewal of the
contract with the. Volunteer Center. In answer to Councilmember Fanelli, she stated
that she-would have a cost estimate next week.
Marion Kohn spoke as director of the Live Oak Adult Day Care Center in Los Gatos.
She explained her request for $16,000 and stated that Saratoga residents would be
aided, as well as other residents of the erea. She also stated that she would be
requesting $16,000 frcml Los Gatos and would eventually serve up to 30 frail elderly.
Judd Ingram spoke as a representative of Catholic Social Services, .requesting funds
for the Long Term Care Ombudsman Program.
Lloyd Grant, 20211'Pierce, spoke in support of the Live Oak Adult Day Care Center,
as did Marjorie Vernon, 19041 Sebey Road, and Mrs. Robert Sayles, 18691 Harley Dr.
In answer to Mayor Callon, Ms. Kohn then explained that the articles of incorpDration
for a church were included in her proposal because the Live Oak Adult Day Care Center
used the church building.
The public hearing was continued to June 1, and the Council recessed from 9:40 to 9:55.
C. Appeal of SDR 1533, James and Michael Foley, 18927 ~Dnte Vista Dr., for
Tentative Subdivision Approval - 3 lots
Mayor Callon noted that the applicants, James and Michael Foley, had requested a
deferral of the appeal to the next meeting. Mr. Cce, the appellant, stated that
he objected to a deferral and wished to speak. Councilmembers Clevenger and Mallory
and Mayor Callon stated that they h~d assumed the matter would be continued and had
not visited the property. Mr. Coe stated that if it were continued he would wait
until the next hearing to speak for his aIlotted time.
The public hearing was opened at 10:00 and was then continued to ~y 18. Mr. Coe
suk~tted signatures of 32 neighbors supporting his appeal.
D. Rezoning frc~ R-1-40,000 to HCRD of one parcel and zoning 3 parcels to be
annexed, with Negative Declaration (j. Dimanto, applicant, C-200)
Mayor Callon noted that this public hearing should be heard after the adoption of
~ the General Plan. It was therefore continued until after Item VIII. B. 1.
VIII. ADMINISTRATIVE M~IT~RS
5-5/4/83
A. MAYOR
Fayor Callon brought up the possibility of passibg a resolution for RedwDod Junior
}Xigh School, which was managing a benefit for Rhonna Smith. Councihnembe~ Clevenger
~ted that Saratoga High School was also raising funds for Miss Smith.
MALLORY/CLEVENGER MDVED TO ADOPT RESOLUTIONS 2056 AND 2057 COM~INDING REDWOOD JR. HIGH
SCHOOL AND SARATOGA HIGH SCHOOL IN CONNECTION ~'~iTH FUND-RAISING ACTIVITIES THEY
HAVE CONDUCTED ON BEHALF OF RHONNA SMITH. Passed 5-0.
.Mayor Callon then brought up Youth Month, and there was consensus to direct staff
to write a letter to the County on Youth Month.
B. COUNCIL AND CO~¢LISSION REPORTS
FP~.elli - reported on PlanninG.. Cy3mlission meeting and the p!~Ded meeting with
Louise Schaefer and Ed GoEsall concoming memDrial for ROb RObinson.
Cleve-ger - brought up memo on Gouncil reorganization and requested that original
minutes show corrections.
Moyles - reported on activities in connection with Sister City Committee.
1. Report frc~ ~larming Commission on exactions policy; adoption of General
Plan
CoD_sensus to adopt exactions policy described in LU 7.2. Councilmember Fanelli
requested that the proposed o~%]inance he discussed in study session.
Assistant Plarm. er Flores described the situation of the Gasco station: that use
requires a use permit because they altered and expanded their use of the site; when
the zoning changes, it will require another use permit because the use will lagain he
non-conforming. At that time, he said, the Planning ~ssion would set a time
period for anDrtization of the use. There was consensus to follow this procedure,
with the Gasco site having the same General Plan designation as the Teresi property.
Councilmember Clevenger brought up the question of-adding a statement to the Area F
guidelines concerning uses which would not be permitted, as Mr. Russell had sug-
gested at the last meeting. She also brought up the question of allowing only
single-story construction on the Teresi property. There was consensus to rely on
the ordinanca, which allowed the PlaDming Commission to make that decision. There
was coneensue not to add the suggested statement in the Area F ~on3idelines, since
the time for making such changes was earlier in the process.
~. Flores then clarified that R-M zoning was not as restrictive as R-1 zoning
where two-story uses ware concerned. There was consensus to add a sentence
to the ordinance such that two-stOry would be permitted only upon approval by
the Planning Ccmnission. ~r. Flores aLq~ clarified that the density on the
Teresi property V~Duld be one dwelling unit per 5,000 sqm~are feet.
FANELLI/MOYLES MDVED TO ADOPT RESOLUTION2058 CERTIFYING ENVIROI~ENTAL IMPACT
REPORT. Passed 5-0.
MALLORY/CI,EV~G~K MOVED TO ADOPT' RESOLUTION 430.2 ADORTING GENERAL PLAN. Passed 5-0.
Counci_Lmembers expressed their ~oeneral satisfaction with the General Plan and
public participation in the process. Councilmember Clevenger was not satisfied
with the Glen Uua action plan, and Councilmember ~llory felt the Drocess may have
been. better adapted for bringing out neighborhood concerns than C~y-wide concerns;
he felt the hillside problens might have to be looked at again, as well as revenue-
producing land uses. B~yor Callon thought the process was well carried out, theugh it
was difficult to find consensus of the residents; she believed the public hearings
provided a good opportunity to correct problems. Councilmember Fanelli noted that
the Council had added various it~ns to tl]e General Plan and suggested the possibility
of levying a special fee for fences along major highways.
The Mayor then returned to Item V. D.
6-5/4/83
V. PUBLIC HEARINGS (continued)
D. Rez6ning frem R-1-40,000 to HCRD of one parcel and zoning 3 parcels to be
annexed, with Negative Declaration (J. Dimanto, applicant, C-200)
Fanelli/~bllory moved to introduce the ordinance. Since the public hearing had not
been opened, the motion was withdrawn. The public hearing was opened at 10:45 p.m.
No one appearing to speak, it was closed at 10:46 p.m.
~GER~FANRLT,I MOVED TO APPROVE THE NEGATIVE DECLARATION.' Passed 5-0.
FAN~.T,I/MALLORY MOVED TO INTRODUCE THE ORDINANCE AME~]DING THE ZONING MAP BY TITLE
ONLY, WAIVING FURTHER READING. Passed 5-0.
Mayor Callon then proceeded to items following the Report frcea the Planning Commission.
VIII. ~ISTRATI~ MRTI'ERS (Continued)
C. DEPARTMENT HEADS AND OFFI'C~MS
1. Report frc~ Ccevaunity DeveloFrnent Director on Policy on Savings and
LOan institutions in PA ZOning District (Oudewaal matter)
Planner Kerdus explained staff report, including rec~mm~_ndation to uphold the
Planning Cu~L,~ssion decision not to allfTw such uses in the PA District.
C~,FT~ENGER/MALLORY MOVED TO UPHOLD THE PLANNING COmmISSION DECISION, REQUEST
THE PLANNING COMMISSION TO CONSIDER ADDITIONAL USES IN THE PA DISTP/CT, AND DENY
THE APPEAL. Failed 2-2 '(Cal~On~ 'Fanelli opposed; Mallory abstaining).
FANEI.T.I/CALLON MOVED TO GRANT THE APPEAL, ALLOWING SAVINGS AND LOANS AS A CONDITIONAL
USE IN THE PA DISTRICT. Failed 2-3 (Clevenger, Mallory, Moyles opposed).
CLEVENGER/MALLORY MOVED TO DENY APPEAL AND RE~'S THE SUBJECT TO THE PLANNING COb~LISSION
WITH THE REQUEST THAT THEY ~ PERMI'ITk33 CONDITIONAL USES II~ THE PA ZONE. Passed
3-2 (Callon, Fanelli opposed).
2. Report frcm Administrative Services Director on Jobs Bill Funds for
Cu~(Lunity Development Block Grant Program
Report noted.
CounciLmember Fanelli suggested the Saratoga Area Senior Coordinating Council priori-
tize requests for Revenue Sharing funds relating to seniors.
Councilmember Moyles in~]i red as to calendaring of PC second story and further examina-
tion of Specific Plan. Asst. Planner Flores noted that both would need to go to the
Plannjm~g Commission first.
Councilmember Mallory then brought up the possibility of having a public hearing on
hillside problems after the budget was adol~ted. There was consensus to ask staff
for a report first so that the public could respond to the report.
The meeting was adjourned.at. 11:15 p.m.
ReSpectfully suhnitted,
Grace E. Cory
Deputy City Clerk