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HomeMy WebLinkAbout05-18-1983 City Council Minutes M]IqUTES SARATOGA CITY COUNCIL TIME: Wednesday, May 18, 1983 - 7:30 p.m. PLACE: City Council Chambers, 13777 Fruitvale Avenue TYPE: Regular Meeting SPECIAL SESSION - Hearings on False Alarm Appeals - 6:00 p.m. The meeting was called to order at 6:03 p.m. , with Mayor Pro Ten Mallory, and Councilmembers Clevenger, Fanelli and Moyles present. Mayor Callon was absent. The City Manager reported on the false alarm ordinance and the appeals which were set to he heard by the Council. Two residents were present, and their appeals were heard first. T. E. MONTGDMERY, 13216 Via Arriba Councilmember ;Mallory moved to deny the appeal; there was nD second. MDYLES/FANELLI MOVED TO GRANT APPEAL BECAUSE THE PRONE SY~I'~jM WAS BUSY, WHICH WAS BEYOND THE CONTROL OF THE C~qNER. Passed 3-1 (Mallory opposed). REAR ADMIRAL RALPH METCALF, 14150 Douglass Lane FANELLI/MOYLES MOVED TO DENY 4 APPEALS AND GRANT 1. Passed 4-0. Council then took .up. the appeals of residents who were not present. Council stated that for these appeals for which the appellant did not appear, the appeals were denied because there was no evidence shown upon which Council was able to consider granting the appeal. MRS. WILLIAM ROWEN, 14672 Wild Berry Lane FF~.LI.I/~DYI.F.S MOVED TO DENY. Passed 4-0. P~'i'~jR HO, 12367 Larcbnt Avenue bIDYLES/FAN~LI,i MOVED TO DENY. Passed 4-0. DR. LEE HOGLAN, 18568 Prospect Road MOYLES/CL~VENGER MOVED TO DENY. Passed 4-0. J.M. SMAHA, 20624 Sevilla Lane FANELLI/~I~LLORY MOVED TO DSNY. Passed 4-0. WIllIAM SMITH, 20374 Claridge Court MOYLES/FANE, LI,I MOVED TO DENY. Passed 4-0. Council then adjourned to cl6sed session on litigation matters at 6:45 p.m. I. ORGANIZATION A. ROll CALL Councilmembers Clevenger, Fanelli, Mallory, Moyles and Mayor Callon were present at 7:30 p.m. B. MINUTES MOYLES/MALIDRY MOVED ADOPTION OF MINUTES WITH A~2qDMENT ON PAGE 3 TO SHCXq THAT COUNCI~ER CLEVENGER'S CONCERN VIAS WITH ADDING AN ADDITIONAL INTERSECTION TO SARATOGA-SUNNYIrALE ROAD. Passed 5-0. II. COMMUNICATIONS A. ORAL No one appeared to speak. B. WRI'i'i'~iN 2-5/18/83 #1 frcm Family Health Foundation of Alviso noted and filed. #2 from B. Frazer concerning property at Cox/Saratoga referred to Finance Co'l~.~ttee. #3 fron G. Butlear requesting retraction of resolution on Tr. 6632 referred to staff. #4 from J. Miller concerning Pierce Rd. referred to staff. #5 fron C. Daly concerning Sheriff's use of Village Post Offi~ referred to staff. III. SUBDM SIONS, BUILDING SITES AND ZONII~G REQUESTS - None. IV. PETITIONS, ORDINANCES AND RESOLUTIONS A. Ordinance amending Ordinance 66 by changing number of members of Heritage Preservation Con~Lission from 5 to 7 and removing Planning Cu~uLlissioner as permanent nlenk~r (second reading) MDYLES/CLE1/INGER MDVED TO READ BY TITLE ONLY, ~IAIVING FURTHER RF~ADING. Passed 5-0. CT,FvlENGER/FANF~,T,I MOVED TO ADOPT ORDINANCE 66.1 Passed 5-0. B. Resoning frcm R-1-40,000 to HCRD'Of one parcel and zoning 3 parcels to be annexed, with Negative. Declaration (J. Dimanto, applicant, C-200) MAILORY/PDYLES MOVED TO READ BY TITLE ONLY, WA/VING FURiI4ER READING. Passed 5-0. CT,RVEN~R/FANELLI MOVt~D TO ADOPT ORDINANCE NS-3-ZC-87. Passed 5-0. C. Ordinance establishing a passenger loading zone on Big Basin Way (first reading) Councilmember Mallory eaqDressed concern that the loading zone might reduce .available parking in the Village. Cu~unity DeveloFrnent Director explained that the net effect of the loading zone ~Duld be to increase the efficiency of the parking areas and reduce "c%lLising" by those seeking parking. He also explained that the restaurant requesting the loading zone had participated fully in Parking District #1 and was thus not obtaining an undeserved benefit. He reoc~Tended the loading zone be 'reviewed periodically. City Manager requested a deposit before adoETtion of the ordinance. MOYLES/CT,EV~lqGER MOVED TO ]lqTRODUCE ORDIlqANCE BY TITLE ONLY, WRITIri~G ~ READING. Passed 5-0. Staff was directed to ensure that Mr. Pache made a deposit with the City to cover · the cost of t~e'loading zone before the ordinance was adopted and to review the situ- ation quarterly and return to Council in the event of problems. D. Revision of Subdivision Ordinance to comply with b~p Act and to recg~re suhnission of a title report. In answer to Councilmember Clevenger, Cc~mlunity DeveloFment Director stated that these who might be affected by the revision, so far as staff could determine, would be neti- fied. In answer to Councilmember ~,~nllory, he stated that ne one on tonight's agenda ~,xDuld be so affected. City Attorney then explained that City is allowed time to bring its ordinances into compliance with State law. FAb~TLI/KOYLES'i MOVED TO INTRODUCE ORDIN/LNCE BY TITLE ONLY, WAIVING FURTHER READING. Passed 5-0. Since the house of 8:00 had not been reached, Mayor Callon proceeded to items follow- ing public bearings on the agenda. VI. BIDS AMD ODNTRA~S - None. 4-5/18/83 Councilmember Clevenoer statea she hel. ieveJ Cn, mo~l 5-5/18/83 Con~nission meeting when the applicant had been denied. She felt the design was compatible with the neighborhood, and there was no significant opposition there. Councilmember Moyles agreed, stating the project was not excessively bulky and was compatible. Councilmember Clevenger, who had checked with the neighbors per- sonally, re_morted that mst felt the project was a good idea. Conmunity Develop- ment Director suggested that if addition were approved Council should add t~D con- ditions. Councilmgmber Mallory stated he opposed the project 'for the same rea- sons Planning Con~missioner Nellis had opposed it. F~AiqELLI/CLEVENGER MOVED TO APPROVE APPEAL WITH CONDITIONS OF THE STAFF REPORT DATED 1/28/83 (ANY MODIFICATION TO APPROVED PLANS REQUIRE REVIEW AND APPROVAL OF PERMIT REVIEW DMSION; NO SECOND STORY DECK LOCATED IN THE REAR AllOWED), AND MAKING FINDINGS AS NECESSARY. Passed. 4-1 (Mallory opposed). D. Appeal of tentative map approval for 3 lots, Peach Hill/Sunset (appellant, Sache, Kim, Molineux; applicant, T. Lauer, SD 1509) Mr. Toppel of the City Attorney's Office explained legal issues, including the City's opinion that the cul-de-sac is not in excess of 1800' as claimed by the appellants, but is 400 to 500' as measured by staff, which ~xDuld he in compliance with ordinances. Cc~munity Develo~nment Director showed barrier between Sunset and Peach Hill on Map and explained how the topography mandated high retaining walls for the propesed road. Plr. Sache explained his position that each of the three appellents should receive a 10-minute period to speak. Mayor Callon pointed out that ~. Toppel had stated that the a~ppellants should ha allowed a total of ten minutes, as was the applicant, which was stamford practice with all Council ~pDea!s. The public hearing was opened at 9:40 foP. appellants ap~ applicant. Chaido Kim, 19977 Sunset, spoke as one of the appellants. He reviewed technical aspects of the proposed retaining wall and stated his opinion that it was inadequate. William ~Dlineux, 19930 Sunset, spoke as the seceed appellant. He objected to an easement claimed by Mr. Lauer, saying that it was a public easement. Mr. Toppel stated that it was dedicated on a subdivision map acce~ted by the County and was a public road maintained by the County to the property line. Lester Sachs, 19941 Sunset, spoke as the third appellant. He stated objections to the proposed road, which he felt was dangerous; to the excavations and:fill; and to the proFosed access, which b~ believed was not legal according to the title report. Tom Lauer, 15803 Hidden Hill,then spoke as the appellant. He defended the pro- posed retaining wall, pointing out that it would have to meet City requirements when the building permit was issued, in any case, and that it was set down so as not to appear overwhelming. The public hearing was opened to the general public at 10:05 p.m. Bill Elving, 15451 Peach Hill Road, _spoke against the appeal, supperting the Planning Con~mission decision. He favored access from Sunset as being logical. Mr. Sachs than spoke in rebuttal. He stated that the proposed access was not legal; the cul-de-sac would be 1800' long; and an envirora~=-ntal impact reFort should have been required because of the noise factor. Mr. Lauer then spoke again, pointing out that he had already tompromised by giv- ing up one lot. The cul-de-sac coOld be shertaned, he said, if Peach Hill and Sunset were connected, but no one favored that course. He explained details akout the proposed annexation of the two adjacent County lots and their access. ~Ir. Sachs spoke again, saying that the developer ~ould be able to develop access off Peach Hill, although it would be expensive. The public hearing was closed at 10:25 p.m. Council discussed issues. Councilmember Clevenger feared environmental damage and did not want more traffic on Peach Hill. Councilmember Fane'lii expressed sup- port for the application, noting that the Planning Commission had felt any access other than Sunset would be less safe. Counciln~mnber ~Dyles expressed concern about the slope of the swale but felt no substantial environmental damage muld result. 6-5/18/83 Mayor Callon expressed support for the application, since the issues had been addressed adequately by the Planning Ccmmlission and appropriate mitigation measures required. She believed the project complied with law and should be permitted, as hillside development could be tolerated when there were no adverse effects. Council- member Mallory opposed the application because he was reluctant to approve extensive engineering lwork in the .hills after the heavy winter storm damage; he hoped to study hillside construction standards further this strmer. FANELLI/MOYLES ~DVED TO DElhi APPEAL AND APPROVE SD 1509 UNDER CONDITIONS SET BY PLANNING COMMISSION OUTLINtD IN STAFF REPORT D~I'EL) 3/4/83. Passed 3-2 (Clevenger, Mallory opposed). E. Appeal of denial of use permit for four-unit condominium, 14629 Big Basin Way (appellant/applicant, M. (~_dewaal, UP 531) Warren Heid, representing the appellant/applicant, requested that the matter he referred to a study session so that it could be nore fully explained. Mary Boscoe, representing the Stone Pine Homeowners Association, stated that if the matter were taken up at a study session at an earlier hour, more of the opponents might he present. She also encouraged the Council to have an on-site vi~qing. There was consensus to defer the matter to study session June 21 for consideration for 45 minutes to an hour. Since the public hearing had been noticed, Mayor Callon opened the public hearing at 10:20 p.m. Warren Heid spoke briefly in favor of the appeal. Lynne Gilnklrtin Lindsey, 14611 Big Basin Way, requested that the matter be considered early in the evening at the study session. She stated the neighbors did nDt object to the use, but to the pro- _Dosed desi_~on. The public hearing was continued to July 6. ~yor Callon then proceeded to items following the Consent Calendar on the agenda. VIII. ADMINISTRATIVE M~ri'~RS A. MAYOR Mayor Callon reported that there had been a court decision finding that a Planning Conxnission menker could not vote on a matter affecting a person from whom he had accepted a campaign donation. Mr. Toppel ~ted that SOme other decisions have seemed to point in the opposite direction. Mayor Callon then reported that a resident had infornBd her that a skateboard ramp_ had been constructed on Walden Court. It was disturbing the neighbors, she said, and she requested that staff investigate and repDrt to Council. M=~yor Callon next noted that the appeal fee is $230. Co~nunity Develotm~.t Director explained the components of the appeal fee, some of which are refundable, as adopted with the fee schedule in July, 1982. Councilmember Mallory wished to take up the matter at a study session, and ~ayor Callon suggested it he taken up with the badget. B. COUNCIL AND CODiMISSION REPORTS Moyles - brought up study of hillside zoning in relation to recent damage. Council discussed how the matter fit into the priorities schedule, and there was consensus to have a brief report from each department head at a study session on July 12 updating progress since their last reports on March 24. He then r~equested that a notice be publisb2d in the Saratoga News asking citizens interested is the Hakone Foundation to give their names to staff with the idea that be a~j Councilmenher Clevenger could then recemmend an advisory con~ittee to the Council. Mr. Moyles then noted that the co~e_nts of Planning Con~nissioners Bolger and Crowtier had been missed, since they had been consistently absent. Cu~unity Development Director stated that absentee report ~Dald be ready for June 1 meeting. 7-5/18/83 Mr. ~byles concluded by reporting that the DeGrange development on Saratoga Court was apparently on the market, and he feared that this subsidized housing for seniors wo~ld be lost. Councilmenk~r Fanelli noted that City had been in con- tact with Mr. DeGrange on the matter and had mDved to record the use permit. Mr. Toppel explained that owner muld not be subject to HUD regulations if he re-financed without, HUD funds, but the use permit would restrict the use to senior housing. He ex!D_lained possible legal remedies of tenants. Councilmember Clevem_ger brought up possibility of purchase of land by a group which would main- tain it as HUD busing. A more remote possibility, she said, might be for the City to take over the project. The County might also use its funds for this project~ Mr. Moyles said be would like Council consensus that this is a high priority on which the staff should keep the Council informed so that Council could take any action possible, such as a public hearing, to make its position in support of the seniors clear. Fanelli' - commented that Parks and Recreation Co~nission tour and barbecue was scheduled for May 21. C. DEPARTMENT HEADS A~D OFFICERS - None. D. CITY MANAGER 1. Presentation of Budget for Fiscal Year 1983-84 City Manager presented budget and reviewed the schedule for public hearings and ~i~ee~ ~.essions on the budget. He noted that the budget was balanced and reviewed it 1 ' IX. ADJOURNMENT The Council was adjourned at 11:15 p.m. Respectfully sutmlitted, Grace E. Cory Deputy City Clerk