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HomeMy WebLinkAbout06-01-1983 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, June 1, 1983 ~ 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Avenue TYPE: Regular Meeting I. ORGANIZATION A. ROIL CALL - Councilmembers Clevenger, Fanelli, Moyles and Mayor Callon present at 7:35 p.m. Councilmember Mallory absent. B. ~S - 5/18 Councilmember Clevenger noted [hat she had not made the statement attributed to her in support of the Peach Hill application on page 5. (Review of Deputy City Clerk's notes shows that statement was made by Councilmember Fanelli, and minutes will so indicate. ) MOYLES/FAN~.LI MOVED ADOPTION OF MINIIrES AS AM~qD~]. Passed 4-0. II. COMMUNICATIONS A. ORAL An unidentified member of the audience requested that his group be allowed to speak when tb~ issue of traffic control in the Via Madronas area was considered under Written Conmunication #3. Council procedures were explained to him. B. WttLTi'~ZN #1 frc~ J. Haufe concerning trees to be removed for parking lot noted and filed. #2 from S. de Benedetti deferred until Administrative Matters at Councilmember Clevenger's request. #3 from Mr. and Mrs. Combellick et al. referred to staff for report. At request of Andrew Beverett, supporters were permitted to stand to show their numbers, which arepunted to about 30 people. #4 from S. Farrell concerning LOs Gatos prison proposal noted and filed. #5 from D. Nakaji concerning LOs Gatos prison proposal noted and filed. #6 from D. Olson requesting representation on fire district consolidation task force - staff directed to forward letter to Supervisor Morgan. III. SUBDM SIONS, BUUDING SITES AND ZONING REQUESTS - NOne. IV. PETITIONS, ORDINANCES AND RESOLUTIONS A. Resolution authorizing a cost service contract agreement with the State - Personnel Board CLEV~qGER/FANm~LI MOVED TO ADOPT RESOLbTION 2061. Passed 4-0. B. Resolution establishing a performance-based management cc~persation plan Consensus to discuss at study session June 7. C. Resolution establishing rules and regulations for hanging banners in Blaney Plaza Administrative Services Director explained changes suggested by City Attorney representative Toppel, which concerned profit-making events, disposal of unclaimed banners, and City liability for banners. Change in description of required size of banner was also discussed. CONSENSUS TO AMEND #4 to read "Non-profit organizations advertising Saratoga- based os~munity-events, or organizations advertising Saratoga-based non-profit events may hang banners in Blaney Plaza," #7.a. TO READ "Banners must be four feet by at least 25 feet long," TO ADD #11, "Banners not claimed within 10 days from the date of their removal may be disposed of at the discretion of the Saratoga Fire Department," AND, ON THE APPLICATION FORM, "Neither the City of Saratoga nor the Saratoga Fire Deparhuent ass~nes responsibility or liability for banners nor for theft, danage or 2-6/1/83 injury that may result from or incident to the placenent of banners at Blaney Plaza," ~D "(You may also attach a sample drawingS" FANELT,I/CLEVENGER MOVED TO ADOPT RESOLUTION 2052 AS AMENDED. Passed 4-0. D. Resolution establishing a Civic Theatre Use Policy and Rental Agre~nent MOYLES/CIEVENGER MOVED TO ADOPT RESOLUTION 2063. Passed 4-0. E. Ordinance establishing a passenger loading zone in Big Basin Way (seoond reading) Con~nunity Services Director reported that Mr. Pache had deposited the furas required to prepare the loading zone; as to the monitoring req]]i re/nent, deputies will he requested to watch system and any problens will he reported to Council quarterly. FANELLI/MOYr,F.q MOVED TO READ ORDINANCE 38.110 BY TITLE ONLY, WAIVING FURTHER READING, AND ADOPT. Passed 4-0." F. Ordinance revising the Subdivision Ordinance to comply with Map Act and to require sutmlission of a title report; resolution extending the expiration dates of approved tentative subdivision maps,tentative parcel maps and tentative building site approvals. cLPTJENGER/FANELLI MOVED TO READ ORDINANCE NS 60.15 BY TITLE ONLY, WAIVING FURTHER READING, AND ADOPT. Passed 4-0. MOYLF-q/C~,EVENGER MOV~Y) ~Y) ~DOPT RESOLUTION 2064. Passed 4-0. V. PUBLIC HEARINGS A. Relationship of Revenue Sharing Funds to the entire budget, Fiscal Year 1983-84, and proposed budget for 1983-84 The public hearing was opened at 8:01 p.m. No one appeared to speak on either issue. FANF~.T.I/Cr,EVENGER MOVED TO CLOSE THE PORTION OF THE PUBLIC HEARING ON REVENUE SHARING. Passed 4-0. There was COnsensus to COntinue the portion of the public hearing on the City budget to 6/15. B. Appeal of denial of design review approval to COnstruct a two-story dwelling on Lot.,#.3,.Tr._6628, Tollgate ROad (appellant/applicant,Klein, McBain & Thomas) (A~87.I)~- . . Ccnmunity Development Director emplained appeal, and the public hearing was opened at 8:05 p.m. Bob McBain, P.O. BOx 2903, spoke as one of the appellant/applicants. He e~q31ained that the large amount of grading was proposed to generate the fill reql~red to provide the turn-around. He also explained his reasons for the placement of the house on the lot and stated the neighbors did not object to the proposed placement; he submitted letters to that effect. Mr.= McBain stated that placing the hease further down on the slope of the lot ~Duld not reduce the need for cut-and-fill because the slope was constant. Mr. Klein, another of the appellant/applicants, stated that he favored the appeal. Meyer= Heller, 14696 Bougainvillea Ct., then spoke, saying that his house overloOked the property. He felt there were no erosion or drainage problems, but only possible aesthetic problems. He personally did not object to the house because it could not be seen from his property. Conxnunity Develo[iment Director noted that some of the gadibg might be related to the turn-around, but that .part was required by the shape of the house. No one further appear- ing to speak, the public hearing was closed at 8:25 p.m. Council di~cus~.s~d~..~ssues, agreeing.that home did not follow countours of land. MOYLES/CLEVENGER MOVED TO'DENY APPEAL. ~assed 4-0. 3-6/1/83 C. Appeal of variance and design review approval to add a multi-story addition to a t~o-story dwelling at 14721 Sixth St. (appellant, G. Leishman; applicants, H. Campbell, V. Von Valer) (V-605, A-857) Community Development Director explained appeal. The public hearing was opened at 8:30 p.m. Gaylen W. Leishman, 20770 Pamela Way, spoke as the appellant, saying that he repre- santed most of the neighbors as well as himself. He suk~aitted a map showing those who favored and those who opposed the appeal, with photographs of the site. He felt that the proposal would damage the character of the neigbj3orhood and its un- oongested feeling. Dr. Leishman believed that the house would tower over his own house and tbzt of the neighbors. Further, he feared that the proposed access was unsafe and the addition would encourage others to do the same,' to the detriment of the neighborhood. In stun, he felt the addition was too bulky and too high. Vicki Van Valer then spoke as one of the applicants. She disputed Dr. Leishman's right to speak, saying he rD longer ilived in the neighborhood, and his listing of neighbors' opinions on the proposal. She sLtrmitted letters from neighbors not oppDsed to the proposal. Ms. Van Valer said the addition would not set a precedent, since each application is considered on its own merits. She also believed it would have no impact on views or privacy. She then suhnitted a card from a Sheriff' s Deputy, stating he had said the proposed driveway would he much safer than the present one. She believed the a~dition would he in character with the neighborhood, and the pro- posed garage under the house would be similar to others nearby. Lynn Belanger spoke as the representative for Mary Moss, who was not able to be present. She felt the proposed house would be out of character with the neighbor- hood of modest-sized homes and would be at variance with the design review ordinance. Ms. Belanger objected to staff's finding of physical hardship associated with the site, saying that the substandard size of the lot should argue against'an addition rather than for it; further, an existing non-conforming situation should not be made more so. Lastly, she felt the existing driveway was safer than the proposed one. Karen McElwain, 20792 Pamela Way, then rose to say that even if the project~ were approved, she would not build an addition to her home because it would impair Mr. Leishman's view. She felt it understandable that people should need mare space in their h~mes and felt that neighbors who were not impacted should renain impartial. H. J. Harlor, 20824 Pamela Way, then spoke against the appeal, saying he did not want a change in the neighborhood, feared the setting of a bad precedent, and felt the existing driveway was safer than that proposed. Sue Robertson, 14730 Sixth Street, spoke in favor of the addition, saying it would improve the property without setting a precedent. She felt the new d~iveway woUld be safer. Sara Higgi~kotham, 14710 Sixth St., agreed that the new driveway would be safer. Dr. Leishman and Ms. Van Valer then reiterated their points of view, and the public hearing was closed at 9:05 p.m. Council considered the issues, pointing out-that matters such as length of residency, possible motivation of the property ownerS and status as renter or owner were irre- levant. The majority of the Council felt the height and bulk of the proposed addition would .' impact the neighkors, and that granting a variance for a lot which was already substandard would compound the problem. Counci~ Fanelli felt she could make the findings to grant the variance, since the addition would not add to the non-conformity of the existing structure. If the proposal were approved she weuld eliminate the windows on the upper story addition to protect the privacy of the neighbors, and she ~ould assure that the driveway met proper standards. Mayor Callon then stated that she was concerned akout the process this application had gone through: denial by the Planning CcmmLission, then reconsideration by the Planning Co~u. ission, then appeal. She felt it should have been appealed after the first denial. Moyles/Clevenger m~ved to grant the appeal without prejudice so the applicant could return with another application without paying the additional fees. Councilmember Fanelli questioned the fee waiver, and Councilmember Moyles stated the appeal should have been denied without prejedice earlier in the process, which ~ould have spared 4-6/1/83 the aplicant further fees. Conmunity Development Director clarified that denial without prejudice simply allowed the applicant to return with the same application within one year. No vote was taken on the notion, and the motion was re-defined. ~ MOYLES/CLEV~NGER MOVED TO GRANT THE APPEAL AND ALLOW THE APPLICANT TO REI'URN WITHIN SIX MONTHS WiTH A DI~'E~ad~NT *APPLICATION WITHOUT PAYING ADDITIONAL FEES. ~Passed3-1 :(Fanelli opposed). Councilmember Fanelli stated she was concerned about establishing a policy in which a fee is waived under certain circulsstances unless all fees for reapplications ere waived. D. Protest hearing for existing Landscaping and Lighting District LLA-1 The Mayor read th~!~g statement and declared the public hearing open at 9:20 p.m. The Deputy City Clerk read the Clerk' s statement and noted that no written protests had been filed. No one appearing to speak, the public hearing was closed at 9:25 p.m. MOYLES/FANF/.LI MOVED TO ADOPT RESOLUTION 2051-D. Passed 4-0. E. Protest hearing for annexation to Landscaping and Lighting District LLA-1 The Mayor read the opening statenent and declared the public hearing open at 9:30 p.m. The Deputy City Clerk read the Clerk's statenent and noted that no written protests had been filed. No one appearing to speak, the public hearing was Closed at 9:34 p.m. FANET.LI/CLEVENGER MOVED TO ADOPT RESOLbTION 2052-D. Passed 4-0. The Council recessed frc~ 9:35 to 9:50 p.m. VII. CONSENT CALFNDAR A. Denial of Claim - Eisamann B. Denial of Claim - Via Regina Nd., Inc. (by Landsness) C. Denial of Claim - Clowdsley (by Lsm~orn) D. Resolutions confirming decisions made on appeals 5/18: 1. Denial of appeal of approval of SDR 1533 (appeilant, Coe; applicant, Foley) Resolution 2065 .. 2. Denial of a al of denial of/i-861 (appellant/applicant, ~utler) Resolution 3. Grant of a al of denial of A-831 (appellant/applicant, Scialabba) ResolutionS67 40 Denial Of appeal of approval of SD 1509 (Appellants, Sache, K/m, Molineux; applicant, Lauer) Resolution 2068 E. Treasurer's Report - April -~" F. Approval of Warrant List C~.FTJENGER/FANF~.LI MOVED TO APPROVE CONSENT CALENDAR. Passed 4-0. VIII. ADMINISTRATIVE M~ITERS A. MAYOR Mayor Callon referred to Councilmenher Clevenger a request for IGC to adopt a set of goals for road funding. Mayor Callon then brought up the poor appearance of City-owned property at Cox and Saratoga. Maintenance Director reported that hauling away of dumped material was under way and should ha finished early next week; he said he ~Duld check on the removal of the temporary fence. 5-6/1/83 Mayor Callon returned to Item #2 on Written Communications. Mr. Toppel recuL~lerded that if Council wished to consider a General PI~n amend- ment, the invalidation of the business license be stayed; r~ other business should be allowed to conduct operations on this property in violation of the 'General Plan. Norm Matteoni spoke as the attorney for the Napkin Ring. He requested tb~t the business license be re-instated, not that the invalidation be stayed. He noted that the owners had made irquiries even before coming to Saratoga ard had paid many fees and had inspections. Mr. Matteori said that the use of part of the Gatewood premises for another operation was not being requested at this time. He feared that merely staying the invalidation of the license would put a clou~ on the operation. He also stated that his client might have other grounds for re-instatement, such as continuity of non-conforming use. Councilmember Fanelli noved to reinstate the license on condition of a General Plan change initiated by the Planning Con~ission, with a request that the Planning ConmLission move forward on the Zoning Ordinance to place restaurant operations under a conditional use permit. There was no second. Councilmanlk~r Clevenger moved to reinstate the business license. There was no second. CLEVENGER/MDYLES MDVED TO REINSTATE THE BUSINESS LICENSE WITH THE CONDITION THAT A GENERAL PLAN AMEXqD~RqT INITIA'I'EU BY THE PLANNING COMMISSION BE ADOPi'ED TO REDESIGNATE THE SIT~.' AS COMMERCIAL. Passed 4-0. FANFLLI/MDYLES MOVED TO DIRECT PLANNING CO~I~ISSION TO REVIEW RESTAURANT USES WiTH THE POSSIBILITY OF PUTTING RESTAURANTS U~DER USE PERMITS. Passed 4-0. Councilmember Moyles asked that whatever cormlunication is made to the Planning Commission request that they specifically address that question in their resFonse. B. COUNCIL AND COMMISSION REPORTS Moyles - reported on nominations for officers to County Transportation Cc~mission. - requested that City Attorney report to Council what its options are with respect to Arco site so that Finance C~uL~ttee may consider how parcel may fit into their reconmendatious. Clevenger - reported that all funds referred to in goals which IGC was being requested to ~dopt could be used for new construction, so she reconmended voting against the goals in accordance with Council 's opposition to new -- construction of roads. Fanelli - reported on a state foundation which assists local agencies in obtaining parks; s~aff directed to write for information and refer to Parks and Recreation Ccmmission. - requested that waiver of fees be discussed at a budgot study session. 1. Reports on Cu~u~,~ssioner Attendance At Councilmember Moyles' suggestion, Mayor Callon stated she would confer with the Chairpe_rson of the Planning Conmission to determine whether some commissioners had keen absent for large portions of meetings, although present when the roll was called; afte~ that, she will speak with individual c~,l,~ssioners whose attendance has been unsatisfactory to determine whether they are interested in continuing on the commission. C. DEPARTMMqP HEADS AND OFFICERS 1. Finance Director a. Report on Pavement Management b. Report on Revenue Options . Both the above reports were distributed at the meeting. Mayor Callon noted that 6-6/1/83 they would be discussed at the next study session. Maintenance Director gave brief overview of Pavement Management Report, and Finance Director did the same for the Revenue Options Report. 2. Co~nunity Development Director a. Reports COncerning Lomita Avenue Cu~,~unity Develotmlent Director suTmarized reports, COncluding with a reconmendation that the City enCOurage, if possible, the formation of an asses..~nent proceeding wllich would improve the entire length of the roadway so that the City could accept it into the City street system. He clarified that the required width would he 26'. Councilmember Clevenger suggested that Lomita might be considered as coming under the Heritage Preservation Ordinance and COuld be improved, like Paul Street, in an acceptable mannerl Lucy Bredford, 20611 Lanita Avenue, President of the Lomita Avenue Homeowners Asso- ciation, inquired as to how to proceed and the status of the Prenger bond. Mr. Toppel explained the situation. Mayor Callon suggested that Councilmember Clevenger work with staff and neighbDrs to bring back recorm~_ndations to Council. There was COnsensus to do so. Anthony Lawrence., 20620 Lomita Avenue, spoke in favor of improving Lomita to no wider than 20', feeling it would destroy the fronts of buses and trees. He also reviewed the history of Lomita as he saw it and requested that the City take the lead on improve~ents. Councilmember Clevenger then left her seat to confer with the citizens from Lomita Avenue. b. Report on Skateheard Ramp Comnunity Development Director reviewed his report, and Mayor Callon noted that those involved had been given copies of the report. There was COnsensus to take no further action and to see if the comprc~ises worked out were acceptable, with the thought that further preblens would be reported to Council. D. CITY MANAGER 1. Report on Changes in Council Order of Business Consensus to request City Manager and City ~ttQrney to !determine when change should kegin. FANELLI/MDYLES MDVED TO ADOPT RESOLIEION 2069. Passed 3-0 (Clevenger not present). IX. ADJOURNMENT The meeting was adjourned at 11:05 p.m. Respectfully submitted, Grace E. Cory Deputy City Clerk