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Home My WebLink About08-17-1983 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, August 17, 1983 - 7:00 p.m. PLACE: Civic Theater, 13777 Fruitvale Avenue TYPE: Regular Meeting CLOSED SESSION - Meet and Confer - 6:00 p.m. Senior Lounge, Con~nunity Center, 19655 Allendale Avenue REGULAR ME~TING - 7:00 p.m. I. ORGANIZATION A. POLL CALL - Councilmembers Callon, Clevenger, Fanelli, Mallory and Mayor Moyles present at 7:05 p.m. B. MINUTES- 8/3 CLEVENGER/FANF~.LI FDV[D APPPOVAL WITH CORRECTION ON PAGE 2 TO SHOW THAT APPEALS ON MOSQUITO ABATEMENT OFDINANCE ARE TO BE AILOWED TO CITY COUNCIL. Passed 5-0. II. ADMINISTRATION OF OATH TO NEWLY APPOINTEU HERITAGE PRESERVATION COMMISSIONERS Mayor Moyles administered the Oath of Office to ROy Caneron and louise Henderson. (Jean Kve~ne was unable to be present. ) III. ORAL COMMUNICATIONS NO one appeared to speak. IV. CONSENT C~I.RNDAR A. AuthDrize Multiple Sclerosis Society of Santa Clara County "Run for M.S." B. Acce[Ycance and Acknowledgemerit of Gifts - Saratoga Conmunity Library C. Final Map Approval SDR 1514, S.D. Brown, Saratoga-Sunnyvale ROad D. Final Map Approval SDR 1538, Quito Village Office, Pasee Pressda E. Final Map Approval, Tr. 7382, L. Groteguth (Clerk's Note: Conxnunity DeveloInent Director explained that this iten had originally been presented as a conditional approval, but conditions had been met. ) F. Approval of Warrant List FANELT,I/CALLON MOVED APPPOVAL OF CONSENT CALENDAR WITH i'/'F/M E BEENG AMENDED TO FINAL MAP APPPOVAL. Passed~5r0 V. SCHEDIF.FD MATTERS A. REPORTS FRDM CODq~ISSIONS A~D COMMITTEES A. Front Entrance Doors, Conmunity Library - Library Commission Report noted; no action requi red. B. ORDINANCES AND RESOLUPIONS 1. Ordinance Concern/rig ~bsquito Abatement (second reading) FANELLI/CALIDN MOVED TO ADOPT ORDINANCE 38.111, READING BY TITLE ONLY. Passed 5-0. 2. Ordinance Regarding Meeting and Procedures of City Council and Planning Conmission (SecoDJ reading) 2-8/17/83 Councilmentors discussed advisability of including a deadline for subfission of agenda items and the vote necessary to/ add items to the agenda. CONSENSUS TO ADD A PHRASE INDICATING THAT COUNCIL SHALL ADOPT A RESOLUTION SkSITING A TIME LIMIT ON SUBMISSION OF l'l",k~S AND A PHRASE REQUIRING a 4/5 ~ TO ADD NEW l'l'k~tg TO THE AGENDA; DISCUSSION OF T~ ORDINANCE TO BE CONTINUED AT THE 9/7 ~J/b'I'ING. 3. Resolutions O ' rderlnq Annexation for Dimanto and Lauer Properties FANEI.T,I/CALLON MOVED ADOPTION OF RESOLUTION 2083 ORDERING ANNEXATION OF "SARATOGA 1983-1" (D2Z4ANTO). Passed 5-0. FANRT,LI/CALLON MOV[D ADOPTION OF RESOLUTION 2084 ORDERING ANNEXATION OF "PEACH HTLT, 4 lut in Amendment to CCEa'S for Tract 6528 (Parker Ranch) Allowing a Swimning Pool CALLON/FANE. T,LI MOVED TO ADOPT RESOLUTION 2085. Passed 5-0. Since no one was yet present fo! the scheduled public hearings, Mayor Nbyles proceeded to Item VII. VII. NEW BUSINESS A. Discussion of Oral Conmunicatio s, if any None. B. Written COmmunications From Public #1 from State Industrial Rel tl n Department regarding Requlatory Review consensus to participate. #2 from Camphell Union School District concerning.'sChool sites in Camphell noted and filed #3 .from Supervisor Morgan cen~g BASS relations referred to study session 9/12. #4 from L. Themas reporting on Library volunteers acknowledged with appreciation. #5 from E. Bolger resigning f z L Planning Con~ission aceeFfced with regret. Staff directed to prepare appropriate recognltion docunent. #6 from S. Jones and L. Kemp ~.e.xFressing appreciation for concern given to Gardiner Park equipment issue noted and filed. C. New Business from COunci,lmenbers [ c ule for Planning Cum~ission vacancy. There was con- Fanelli brought up appointments s bed sensus to advertise vacancy twice in the Saratoga News in September when most residents have returned from su~ner vacati6n. · I Callon noted that she bad received no agenda for a Flood Control District meeting 8/10. ",' Fanelli inquired as to the stat~ of the Michaels Drive agreeaent, and Mr. Toppel of ~he City Attorney's Office reported 6n progress. Fanelli then stated she had received a complaint from a citizen a/out a car maintenance !-'- operation on Paul Avenue. She s,uggested the COuncil study City ordinances to see whether they are sufficient to control this type of operation. Fanelli inquired as to an chan ] f y ges in the status o the barn behind Maddalena's, parti- cularly with regard to parking p~obleas; COmmunity Develognent Director replied that no permits for mDdificatione had ;been issued, and if the owners wished to change tenancy they oauid do so without going tt rough City processes. Mallory encouraged COuncilmembers to apply for'various policy conmittees of the League of California Cities. Clevenger reported on Sanitation District #4 plans for sewer on Big Basin Way. There was consensus to agendize the mate for study session in October. D. New Business from. Staff, ~Administrative Reports not Scheduled Deputy City Manager noted upcoming events: study session 9/12; recognition dinner 9/15; joint meeting with Chamber of COnlnerce 9/21. COuncilmembers Callon and Mallory stated they might not return in time for the 9/12 meeting. 3-8/17/83 Mr. Toppel reported on progress in negotiations with the Moreland School District regarding the Brookview and E1 Quito school sites. Mayor Moyles then returned to public hearings, since the hour of 8:00 p.m. had arrived. VI. PUBLIC HEARINGS - no later than 8:00 p.m. A. Appeal of Conditions on Approved Variance, 15041 Sobey Road (appellant/ applicant, Ralph R. Renna) (V-609) Con~m~nity Development Director explained appeal, and Mayor Moyles opened the public hearing at 8:00 p.m. Rardy Hess spoke on behalf of the applicant, saying that although the appeal was on the conditions regarding lights, grading and drainage, his client was most concerned akout the grading and drainage. He stated that Mr. Renna had followed instructions of City staff with regard to drainage, which had resulted in raising the height of the wall. He asserted that it was unreasonable to require Mr. Renna to improve the property of his neighkor. Conmunity Development Director noted that Mr. Renna had filled a swale before ob- taining a permit, and it was that action which caused staff to require that adequate drainage provisions he made. The filling of the swale also caused the difference in elevations of the two lots, he said, resulting in the wall's being over six feet on one side and lower on the other side. Mr. Reana responded that staff had been notified in advance of the filling of the swale. John Armstrong, 12121 Sohey Road, read a letter opposing the project because he felt the wall' s architectural aspects were out of context with the Sobey Rd. area. A woman representing Wayne Leposavic sFoke against the wall, saying it would destroy Mr. Leposavic's view. In answer to her question ahDnt the fence's being continued, Conmunity Development Director stated that the fence ~ould not ~o up to Sperry Lane, but would run parallel to it. The woman stated that Mr. Leposavic had not received notice of the fence and suggested that Mr. Renna be required to plant soma shrubbery. In answer to Councilmember Callon, Conmunity Develo~nent Director stated that he believed staff now had plans for the fence around the property. Councilmember Callon then noted that architectural review is not required for a fence unless it is more than six feet high. Eugene Francis, 15091 Sohey Road, spoke in opposition to the wall. He felt all the neighbors objected to the wall and lights, and the grading had removed trees and undemnined the land. He also felt it would not be a hardship for the owner to rectify the situation. In answer to Councilmember Fanelli, he stated that Mr. Renna had sent him a letter concerning the proposed grading, but he had heard nothing since. Mr. Francis thought that grading could cause the wall to appear less massive, but shrubbery was also needed to improve its appearance. ] Councilmember Clevenger conmented that the City shbuld look at drainage to be sure that it was adequate since the swale had been filled. ~ ~ _ ~. ~ Mr. Hess reiterated his views that his client should .not he forced to pay for work on someone else 's private property end that the City should not dictate aesthetic matters. Mr. Renna added that he had gone through the proper processes, that the drainage was adequate, that others had hauled dirt without a permit, and that the Hexe~s knew in advance what the wall would be like. The public hearing was closed at 8:31 p.m. Council discussed issues. In answer to CounciLmember Clevenger, Mr. Toppel explained that the Council could not require removal of wall; Planning Con~mission had already allowed wall to remain, and appeal was only on conditions imposed by the Con]nission. He also noted that the City could not require Mr. Renna to perform work on' property belonging to another~ but could only require that he make the offer to do so. Clevenger/Mallory moved to deny appeal. After further discussion on options available to the Council, there was consensus that the Council would like clarific&tion of eoeditions by staff, and the motion was withirawn. 4-8/17/83 1 t ' val. The Planning Commission conditions were therefore somewhat vague, she felt. CONSENSUS TO DIRECT STAFF TO CLARIFY THE 'CONDITIONS IF~OSED BY THE PLANNING CONiMIS- t ly per- form work before obtaining a permit. She suggested a fine or other penalty of some sort might he appropriate, sinc~ otherwise the character of Saratoga might he affected. Councilmembers Clevenger and Mallory expressed agreement with the idea of discussing the issue. ODNSENSUS TO DISCUSS IN OCTOBER, B. Weed Abate~nent Hearing The public hearing was opened a~ 9:00 p.m. No one appearing to speak, it was closed at 9:01 p.m. CALLON/FDYLES F~DV~D TO ADOPT RESOLUTION 2086 S~TI'ING ASSESSMENTS AND AUTHORIZING TAX LIEN WITH RESPECt TO W~[~ ABATEMENT. Passed 5-0. The meeting was adjourned to clcsed session on litigation a.t 9:02 p.m. Respectfully suknLitted, Grace E0 Cory Deputy City Clerk