HomeMy WebLinkAbout09-21-1983 City Council Minutes MINUTES
SARATOGA CITY COUNCIL
TIME: Wednesday, September 21, 1983 - 7:00 p.m.
PLACE: Civic Theater, 13777 Fruitvale Avenue
TYPE: Regular Meeting
COFLMi'rrEi~ OF THE WHOLE - Meeting with Chamber of Commerce - 5:00 p.m.
Con~nu~ity Center Senior LOunge
REGI~ M~TING
I. ORC~tNI~ION
A.. POLL CALL - Councilmembers Callon, Clevenger, Fanelli, Mallory and MaWr
Meyles present at 7:00 p.m.
B. MINUTES - 9/7
FANELLI/CALLON MDVED TO APPPOVE MINUTES AS SUBMI'i'i'~3. Passed 5-0.
II. ORAL CD~MUNICATIONS
Dolores Smith, 14560 Westcott Dr., rose to object to the raising of the speed limit
on the Saratoga-Los Gatos Rd. near Aloha. She stated that the accident record in
the area was poor and that recent fatalities had occurred there. CuL~tnity Develop-
ment Director r~tsd that in response to staff inquiries the State had offered to
survey the previous data which had resulted in raising the speed limit ar~ to
review their decision after one year. City Manager explained that State law
required than the speed limit shall be no less than the speed traveled by 85% of
automobiles driving on the road.
CONSENSUS TO DISCUSS AT STLDY SESSION WITH REPRESENTATIVE OF CALTRANS.
III. CONSENT CALENDAR
A. Resolution Confirming Grant ~_~ppeal of UP 531 and Making Findings (applicant,
M. OLdewaal)
Councilmember Callon remDvsd Item A from the Consent Calendar because she had been
absent from the meeting at which the public hearing took place. Council; notinq ' '2
l.that Written Cc~t~icetion #3 requested a motion to reconsider UP 531, discussed staff
.memo indicating that such a motion ~D~ld riDt ~e proper. There was consensus that
a motion to reconsider would indeed be improper under City ordinances.
FANELLI/MDYLES MOVED TO APPPOVE iTEM A, RESOLUPION 2090. Passed 4-0 (Cailon_ah~taining).
B. Accept_a~..ce ~ Acknowledgment of Donation of Koi Fish for Hakone Garden
f
C. Resolution On National Family Week (Resolution No. 2091)
D. Resolution Authorizing Certain Individuals as City Representatives to Acquire
Federal Surplus Property from the California State ~ency for Surplus Property
(Resolution No. 804.3) .
E. Final Map Approval, SDR 1536, Sobey Read (T. Whitney)
F. Appropriations Resolution Implementing Changes in Employees' Ca'L~e_nsation
(Resolution No. 2073.3)
G. Approval of Warrant List
Councilmember Fanelli questioned the payment of a water bill for the Saratoga Com-
munity Gardens by the City; she requested that Council be informed of the annual
cost of this iten before the next bedget.
CLEVEN~2</MALLORY MOVtD TO APPPOVE ITEFS B-G ON THE CONSENT C~I.RNDAR. Passed 5-0.
A. ADMINISTRATIVE REPORTS
2-9/21/83
1. ReFort from Staff on DiScrepancies at Building Site at 15041 Sobey Road
Mr. Toppel of the City Attorney' s Office explained that Mr. Renna has agreed to
file an application for further[ design review and has offered to perform the appro-
priate gr~ing on his neighkor's property. In addition, he is withlrawing his
appeal and will abide by the co~itions imFosed on his project by the Planning Com-
mission, Mr. Toppel stated. Additional fees will he imposed for these procedures, he
said.
2. Report on Saratoga COurt Senior Citizen Housing
City Manager explained general situation, and Housing and Cc~munity Development CO-
ordinator rose to answer q esti~ s. COuncilmembers raised questions on various items,
including gross rents~ using City funds for a project with no guarantee that it would
remain subsidized; possible c~lnges as a result of a different organization managing
the project; use of funds from the HC9 competitive pool; impact of using mney for
this project on other areas of City; non-profit status of organization managing the
project. Coordinator stated that Fran Wagstaff could answer financial questions.
CONS~SUS TO DISCUSS AT STLDY SESSION SO THAT QUESTIONS COULD BE ANSWERED ]iN DETAIL.
3. Report on Cooperative A eenent - ROute 85 Alternatives Study
COuncilmember ~leVen~_repo~ed that the Bd~ '6f Supervisors had recc~nended three changes
to the study: ~x~ension of the ~highway alternatives model; extension of the transit
· alternative model; and use of 1983 employment data and projects. She recommended
approval of the agreement and o{ the changes in the travel nodel and the addition of
MDuntain View and Sunnyvale to the Policy Advisory Board. The two cities' addition
was appropriate, she felt, because the extended nodel muld pass through them.
Shelley Williams of the Multi- 1 Task Force rose to speak, and Mayor Moyles recog-
nized him while noting that thiJ occasion was not a public hearing. Mr. Willjams
spoke for a full and unbiased study of all alternatives for the corridor. Mayor
Moyles noted that Saratoga had expressed that view in the past, and other kodies now
appeared to he supporting it.
CONSENSUS TO DIRECT STAFF TO WRIT~: A L~rrER TO THE ALTER~[ATIVES ANALYSIS BOARD SUP-
- PORTING INCLUSION OF MOUNTAIN V~EW AND SUNNYVALE, WITH COPIES TO THOSE TWD CITIES.
CALLON/FANRI.I,I MOVED TO ADOPT RESOLUTION 2092 APPROVING AGREEMENT AND A~RIZING
MAYOR TO SI~. Passed 5-0.
Since the hour of 8:00 p.m. had larrived, Mayor MDyles proceeded to public hearings.
V. PUBLIC HEARINGS
A. Appeal of COnditions on Approved Variance, 15041 Sohey ROad (appellant/
applicant, R. Renna) ~z-~609)
City Manager noted that appeal , been withdrawn as reported under Item IV. A. 1.
Db further action was necessary.
B. Reversion to A a r Ranch Road (applicant, Blackwell Homes--
cre ge, T I. 6528, Farr
M.C. Johnson, Inc. )
COnmunity Development Director explained reversion and noted that Item 1. c. should be
deleted from the resolution appr~ving the reversion. Bud Johnson rose to answer any
questions. The public hearing was opened at 8:03 p.m. No one appearing to speak, it
was closed at 8:04 p.m.
FAN~,LI/MOYLES MOV~]D TO ADOPT RESOLUTION 2093, MAKING THE REQUIRED FINDINGS AND
DELETING ITEM 1.c. Passed 5-0.
COuncilmember Fanelli commented that the reversion was in keeping with COuncil wishes,
since it reduced density by usin~ two lots for one hDuse.
Mayor MDyles then returned to unfinished items preceding public hearings on the agenda.
IV. SCH~D[~,mD MA~fERS (continued
3-9/21/83
A. ADMINISTRATIVE REPORTS (continued)
4. Re~ort on Accessibility Improvements to Goverrm~nt Buildings
City Manager explained re~ort on general. Counci~r Mallory questioned the
need for handicapped-accessible bathrooms in the City Hall, since these in the
Civic Theater Wore to be made accessible. Housing and Con]nunity Development
Coordinator stated that being forced to go to another wing to use the restroom
could be perceived as discriminatory; City Manager pointed out that federal law
requires public buildings using federal funds to be accessible. Coordinator
also explained that if available federal funds are not used for this purpose,
they might he subject to withdrawal for use outside the City. Councilmember
Fanelli noted that, as a fair employer, the City may employ handicapped persons
whe Would need accessible facilities. Council discussed proposed design and
fixtures to be provided and suggested that staff members review all options to
ensure that the best design is implemented.
FANRLIJ/CI,EVENGER MDV~ TO ALTHORIZE STAFF TO CAIL FOR BIDS FOR REMODELING OF
BATHROOM FACILITIES FOR ELDERLY AND HANDICAPPED IN CITY HALL AND CIVIC THEATER.
Passed 4-1 (Mallory opposed).
5. Appeal of Denial of Request for Design Review of Freestanding Sign,
Blue Hills Center, Saratoga-Sunnyvale Road (appellant/applicant,
Fox and Carskadon) (A-898)
City Manager noted that appeal did not require public hearing. Co~nunity Develop-
ment Director explained appeal in general.
Martin Kramer of San Jose spoke as the applicant's representative. He requested
a study session to review the matter, since he felt there was sc~ne question as
to what had been permitted under the approval granted in 1981. After discussion,
Councilmembers agreed that they had sufficient information to hear the appeal
tonight.
Co~nunity Development Director stated that the proposed sign was in conformance
with the 1981 requirements except for the color, and Asst. Planner Flores clarified
that the 1981 requirenents had addressed the design of the buildLng sign and, as tc~
a_ ~f~e~erStanding Sign, the.square footage allowances only. The issuance of th~ sign
permit for the building sign in non-conforming colors was a staff error, he said.
Mr. Kramer then stated that Fox and Carskadon had gone through the proper pro-
cedures to approve the building sign and would now like to retain the same colors
for the free-standing sign. He believed that since other corporations had been
allowed to use their corporate colors, as on gas stations, his corporation also
should have the same privilege. In answer to Councilmember Fanelli, he stated that
the proposed sign was 22' high to the top of the pole, bu~ that 10' Would be ede-
quate. Mr. Flores stated most mDn~nent signs Wore between 4' and 6'.
In answer to Mayor Moyles, Mr. Flores explained that staff distinguishes between
shepping centers and other uses, such as gas stations, in determining appropriate
use of color in signs. Mr. Kraner expressed the view that the complex was closer
to an office complex than a shopping center. Councilmember Fanelli remarked that
the Planning Conmission had not given consistent direction as to height or color
of the free-standing sign, and Councilmember Callon noted that the area was a sen-
sitive one near Saratoga's entrance. She felt the color the~e sheu]d_~r_~ con-
sistent with that area. After discussion, CoUncil agreed that the design of the
sign was an issue for the Planning Cc~nission to decide. TF~y wished to declare~ how-
e~e~; that the proposed sign was unacceptable, ard a new design Would have to be
s~ut~itte~_.
~GER/MALLORY MOVED TO UPHOLD PLANNING CO~ISSION DECISION AND DE~Vf APPEAL.
Passed 5-0.
~ouncilmenber Clevenger commented that the Planning Commission had fairly clearly
indicated their wishes, and the applicant ceuld take their direction as to color.
Councilmember Fanelli then brought up the subject of a number of cars for sale being
parked on the corner previously occupied by a gas station in the Blue Hills area.
Co~nunity Development Director replied that the problem Would he short-lived because
· construction on the site was about to begin.
4-9/21/83
B. REPORTS FROM COMMISSIONS ~ COMvLI~TEES - None.
C. ORDnqANCES AND RESOLUTIONS
1. Resolution AdoptjLng General Plan Amendments (GPA 83-2-A (including
GPA 83-1-C) )
CLEVENGER/MOYLES MDVED TO ADOPT RESOLbTION 2094. Passed 4-0_ (Callon abstaining).
2. Ordinance Amend I Zoning Map (C-202) (second reading)
FANEILI/MDYI,~-q ~ TO READ ORDINANCE BY TITLE ONLY, WAIVIlqG ~ READING. Passed 5-0.
FANEI.LI/MDYI,FS MOVt~ TO ADOPT ORDINANCE NS-3-ZC-88. Passed 4-0 (Callon abstaining).
Councilmemker Callon riDted that she would abstain from voting on motions concerning
matters for which she had not] been present at the public bear. ing.
3. Ordinance Amendin/ Zoning Map (Peach Hills ROad, Tom Lauer) (C~203)
g
(second reading)
FANRLI.I/CLRV~INGEM MOVED TO READ ORDINANCE BY TITLE ONLY, W~IVING FURI~ER READING. Passed ~-0]
FANELLI/CLEVENGER MOV[D TO ADOPT ORDINANCE NS3-ZC-89. Passed 4-0 (Callon abstaining).
D. BIDS AND CONTRACTS
1. Award of Contract for Purchase of Front End Loader
OF $19,600. Passed 5-0. '
2. Award of Contract for Oil Treatment Project
MALLORY/MOYLES MOVtD TO AWARD CONTRACT TO GRAHAM CONTRACTORS, INC. IN THE AMOUNT OF
$56,806.38. Passed 5-0.
Mayor Moyles then proceeded tl items following public hearings on the agenda.
VI. NEW BUSINESS
A. Discussion of Oral Communications, if any - None.
B. Written Conmunications from Public
#1 from W. Breitenbach ur in Council to be restrictive in considering Second Unit
g g[
Ordinance noted and filed. I
#2 from K. D. Daniel, Video Engineering, giving change of address noted and filed.
#3 frdm M. Boscoe requesting ~econsideration of approval of UP 531 - Council agreed
that it would not be proper under City ordinances to reconsider approval.
#4 from W. Giannini with information on proposed expenditures on behalf of City -
Council directed an enthusiastic re_sp~nse.
C. New BUsiness from Co cilmenk~rs · '
n
CoenciLmemker Callon brough~ ~up the question of the 15-day period for appeals to City '
'~are an ordinance returning t~he appeal periOd to 10 days but did not necessarily
endorse such an ordinance. c4ty Attorney also said he ~Duld prepare a memorand~n
concerning the scope of appeals to Council. In response to Councilmanker Mallory,
City Manager stated he would obtain a copy of the resolution raising appeal fees
to their currant level.
Councilmember Fanelli reported on the most recent Planning Conmission meeting, noting
that the Second Unit Ordinance would be heard at the next meeting and encouraging
Councilmembers to attend. She thanked the City Attorney for his thorough report on
Councilmember Mallory stated would have comments on the Peninsula Division ~eaque
5-9/21/83
of California Cities meeting at the next Council meeting.
Councilmember Clevenger expressed concern abDut ABAG'S revised housing allocations.
She felt that Saratoga was being allocated a certain number of houses based on the
arepunt of buildable land renaining, although some of that land was located in the
hillsides which might not be buildable to a great extent. After further discus-
sion, Council agreed that a resolution would be the proper vehicle.
~T,EVE~GER/MALLORY MOVED TO DIRECT STAFF TO PREPARE A RESOLUTION CH~T.T.RNG~lqG ABAG'S
ALLOCATIONS. Passed 5-0.
Asst. Planner Flores co~nented that he knew of no particular flaws in ABAG'S m~thDd-
ologyo Councilmember Clevenger asked that staff attempt to develop argunents to
convince ABAG that Saratoga had not been allocated tb~ proper numbers.
D. New Business from Staff, ~Eministrative Re~orts not Scheduled
City Manager reported on the signing of AB 895 which suspended the "deflator." He
stated that the City budget could thus he left intact as adopted. __
The City Attorney then submitted a repair agreement between the City and Mr. and
Mrs. Kim by which the City would reimburse the Kims for work done on the public
right of way. The proposed work was that for which bids had been rejected at the
previous meeting, he said, because all were too high.
FANELLI/CLEVSNGER MDVED TO APPi~DVE AGREEMEN~ AND AUTHORIZE THE ~JYOR TO SIGN. Passed 5-0. ·
VII. ADJOURNMENT
Mayor ~yles recessed the meeting to closed session for the discussion of management
salary proposals at 9:15 p.m.
At 11:00 p.m. Mayor Moyles reconvened the regular meeting and adjourned to 7:00 p.m.
on Tuesday, SeFcember 27.
Respectfully sukmitted,
Grace E. Cory
Deputy City Clerk