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HomeMy WebLinkAbout11-02-1983 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, November 2, 1983 - 7:00 p.m. PLACE: Civic Theater, 13777 FruitVale Avenue TYPE: Regular Meeting I. ORGANIZATION A. ROLL CAlL - Councilmembers Callon, Clevenger, Fanelli, Mallory and Mayor Meyles present at 7:03 p.m. B. MINUTES - 10/19 MALLORY/CLEVENGER MDVED TO APPROVE MINUTES ~S SUt~41Ti'ED. Passed 5-0. II. ORAL COMMLNICATIONS - No one appeared to speak. Mayor Meyles recognized the presence of Dr. Roberts' and Mr. ~gs' classes from the high school. III. CONSENT CAI,E~DAR A. Final Acceptance, SDR 1472, Quito Village Office Center, Cox Avenue B. Final Building Site Approval , SDR 1535, Michael Elder, Panorama Drive C. Resolution Abandoning Offer of Dedication of Storm Drain Easement, Ionq~ne~d~w Developnent Corporation Resolution No. 2101 D. Resolution Abandoning Offer of Dedication of Right of Way Easement, Noegerrath Resolution No. 2102 E. ~.A_u~hori~ion 6'f Muscular '_D~[s~rophy AssociatiOn .'.'SaratOga.SiX Race, 12/18/83 F. Agreement with Live Oak Adult Day Care Center for Revenue Sharing Funds G. Approval of Warrent List c~,F~M~GER/FANELLI MOVED TO APPROVE CONSENT CALENDAR. Passed 5-0. IV. SCHEDI~.RD M3~'i'~S A. ADMINISTRATIVE REPORTS 1. Appeal of Denial of Amendment/Extension to SDR 1508 and Modification to A-793, 14629 Big Basin Way (M. Oudewaal~ appellant/applicant) city Manager and Conmunity Develot~nent Director explained appeal. Councilmember Fenelli pointed out that pages 2 and 3 of one of the docunents still referred to four cendominiuns, which she~ld be corrected to three. Mr. Toppel of the City Attorney' s office noted that altheugh three Planning CormLissioners had voted in favor of the project after Council had indicated its approval, three had still voted against it, r~t wishing to go on record as favoring the project. He also explained the options available to the Council frc~n a legal point of view. Mayor Meyles then recognized members of the public who had cc~ne to speak. Warren Heid, architect for the project, stated that the required nmdificatione had been made and that there had been no erosion of the creek bank. Councilmember Fanelli neted that the geological investigation needed to be updated. Mary Boscee, Stone Pine CondcmLiniuns, requested recensideration of the matter, stating that the impact of the project was too great. No one further appeared to speak. Councilmember Clevenger stated that while she felt the site was appropriate for con- dominiLms, the proposal was too massive~ out of character with the area, and too objectionable to the neighbors. Councilmenlber Callon, noting that she had not been present at the meeting at which the use permit had been granted but had attended the stedy session, opposed the design review because the 'size was still out of character with the area. Councilmenber Fanelli exp_ressed the view that approval was a ministerial act, since it brought up to date previous approvals m~de after therough review. Mayor Meyles, too felt the approval was a ministerial act, not a substantive one. He ccmmented that the Council had given its word by the previous approval and should not row change directions. Counci~ Mallory agreed with that logic. ~ ' 2-11/2/83 FANEIi,I/MDYLF~q MOVtD TO APPROVE SDR 1508 AND ITS EXTENSION, AS UPD/{i'ED TO REFLECT USE PERMIT APPROVAL. Passed 3-2 (Callon, Clevenger opposed). Councilmember Clevenger stated that the Council still had an opportunity ~to correct sometb~ing which she believed should not have been approved in the first place. FANELLI/~DYLES MOVED TO ~APPROVE A-793 AS AMENDED BY STAFF. Passed 3-2 (Callon, Clevenger opposed). '-! 2. Appo~intment of Planning Commissioner FANELLI/CALLON MOVED TO APPOINT DON Ph'rE/~SON AS PLA~LNING Cr~tISSIONER FOR THEj~qEXPIR~ TERM OF ED BOLGER ENDING IN JANUARY 1985. Passed 4-1 (Mallory opposed). Councilmember Clevenger commented that she had expressed her opinions at the study session at which the applicants had been interviewed; she felt Mr. Peterson would do an e~xcellent job. Councilmember Mallory stated that although he felt Mr. Peterson was qualified, Mr. Schneider and MIs. Harris were more in tune with the desires of Saratoga residents and active in their bmeowners' associations, espe.c, ial!y' with respe~ . to retaining open.space and not developing school sites too quickly. He also expressed some reservations as to the desirability of having 6n"e whO' is professionally involved in real estate influencing City decisions. Councilmember Callon praised Mr. Peterson's work on other City activities, his ideas for the Villaqe, ~d his personal characteristics. Although she .h~d. original!y favored Mrs. Harris, she said that she supported the other votes for Mr. Peterson. Mayor ~Dyles acFreed with some of Councilmember Mallory's cunel~nts 5u% ~avored chDosing con~missioners on the basis of their values rather than their professions. B. REPORTS F~OM CCMviISSI6NS AND ~Tr~S ~ None. C. ORDINANCES AND RESOLUTIONS 1. Resolution Authorizing Allocation of $50,000 HCDA Funds to Mid-Peninsula Housing Coalition for Purchase of Saratoga Court, subject ~o conditions City Manager explained that Council had already given preliminary approval to the pro- ject. M~. Toppel of the City Attorney' s Office then discussed sources of funding and suhnitted a chart clarifying the process, along with a revised resolution. He then arb~wered Council questions on the project. Fran Wagstaff of the Mid-Peninsula Housing Coalition answered further questions. CLEVE~GER/MALLORY MOVED TO ADOPT RESOLUTION 2103. Passed 5-0. Councilmember Mallory expressed his satisfaction with the project in general, espe- cially the fact that Saratoga residents would be given preference, but dissatisfac- tion with the cc~plex funding arrangements. 2. Resolution Declaring Weeds Growing on Certain Described Property to be a Public Nuisance City Manager explained purpose of resolution. FA~m~,L~/~[ALLORY MOVED TO ADOPT RESOLUTION 2104. Passed 5-0. 3. Ordinance Revising Business Lice2iSe Taxes City Manager explained ordLnance and sutmlitted revised draft. Councilmember Fanelli asked that the Chamber of Con~aerce be requested to review the doc~nent and suggested a noticed hearing be held on the matter. Councilmember Callon agreed, and noted that a staff report explaining the changes in the ordinance might be ~dvisable. Councilmembers Mallory and Clevenger asked whether the new ordinance would apply to events such as Christmas koutiques, and Councilmembe~ Callon suggested that the City Attorney comment on the subjeet of home sales at the next meeting. City Manager noted that the ordinance would become effective upon adoption, with the new fee schedules in effect. ~1/84. ~ .CqU~.'~i~ '~anelli brought up further items for later discussion. CONSENSUS TO CONTINUE TO A NOTIqrk~ PUBLIC HEARING 11/16. 4. Ordinance Establishing Transient Occupancy Tax City Manager clarified that previous action on Business License Ordj_nance also was intended to apply to Transient Occupancy Tax so that beth would he considered at a public hearing 11/16. 3-11/2/83 D. BIDS AND CONTRACTS - None. V. PUBLIC HEARINGS A. Ordinance Changing Election Date to November of Even-Numbered Years The public bearing was o_~ened at 8:08 p.m. Charles Bobbins spoke as President of tbe Good Government Group. He stated that his thirteen-member Board had voted unanimously to remain with the election in Jane of even-numbered years. They believed that a Novenlber election in even years would engulf municipal candidates and issues in the State end1 national campaigns. To avoid confusion to newly-elected Gotmci~s, be suggested that copies of the draft budget be provided to all candidates. He pointed out that the budget had been adopted earlier after the June election than it had been after the last April election. No one further appearing to speak, the public hearing was closed at 8:10 p.m. MALLORY/MDYLES MOVED TO READ ORDINANCE BY TITLE ONLY, WAIVING ~ READING. Failed 2-3 (Callon, Clevenger, Fanelli opposed). Councilmember Callon stated that although she had opposed changing tbe election date to June because she feared local issues would he overwhelmed, she now felt the June date was satisfactory. She opposed changing to November of even-numbered years because national issues might detract from local ones, although voter turnout might he slightly higher. She also opposed the extension of terms and believed that the budget could he handled at least as well with an election in June as Noven~Der. Councilmember Fanelli agreed with Mr. Bobbins and Councilmember Callon and added that with a November election new Councilmembers might be uncomfortable living with the previous Council's budget. Councilmember ~llOry, while saying he would not run in the next election, favored moving to the schDol bard election date to com- bine all local issues. He pointed out that Saratoga voters b~_d had to vote on a large number of candidates and issues at the June election, which be felt discouraged wise and informed choices. Councilmember Clevenger believed the June election was satisfactory and opposed extending terms five nDre months. Mayor Moyles complimented the Council on the vigorous dialogue on 'the subject and supported the proposed ordi- nance because of improved voter turnout, improved visibility of City and issues, and CALLON/CLEVENGER MDV~]D NOT TO CHANGE ELECTION DATE FROM JUNE TO NOVEMBER 1984. Passed 3-1-1 (Mallory opposed, Moyles abstaining). Mayor MDyleS ozmmnented that he abstained because he saw no need for the vote. TheCouncil then recessed from 8:28 to 8:41 p.m. B. Appe_als re Banking Facility: 1. Appaal of Use Permit Approval for Banking Facility at 14417 Big Basin _ Way (Applicant, Crocker Bank; appellant, Saratoga Village Association) (UP 543) Councilmember Clevenger announced that she and her hueband owned stock in the neigh- bring bank and in order to avoid the appearance of a conflict of interest she would step down from her seat and abstain from voting. The public hearing was opened at 8:44 p.m. DOn Eagleston spoke as president of tbe Saratoga Village Association, the appellant on use permit approval. He stated that the area in question had too many banks and needed more retail uses. He also quoted from the General Plan and the Zoning Ordi- nance to the effect that econmmic firpacts of land use decisions should he considered, sales tax generation should be encouraged, and prosperity and the general welfare sbeuld he promoted. He concluded by noting that Crocker Bank has other branches in the vicinity of Saratoga. Thomas Bloxham spoke as the attorney for Crocker Bank and Aimee Chambre. He reviewed the history of the site and stated his client had not been informed that Saratoga did not _want another financial institution at the site. He believed that the use of the s~te by such insitutions since 1964 constituted a "continued use" which did not require a use permit in connection with the new tenant. He also objected to the condition of 4-11/2/83 approval involving participation in Village Parking District #3, sLnce the' b~ had no finn figures on costs or terms. Mr. Bloxham concluded by stating that if Crocker could not obtain the use permit, the land might be vacant for some time, and Mrs. Chambree might sustain damages wh/ch she Could attempt to recover later. In answer to Mayor ~byleS, Mr. Bloxham stated that the use resided in either the ~wner or the user, and the continuity was not broken by different users. Councilmember Callon Fointed out that it was the law's intent to disfavor continuance of non-confonming uses, and under Mr. Bloxham's interpretation the intent of the law could never be fulfilled. Mr. Eagleston then urged the Council to adhere to its ordinances. Michael Little, Vice President of Crocker Bank, stated that the bank ~Duld be a positive contribution which would increase retail activity in Saratoga. He believed the use resided in the property. Russell Cr~wther, 20788 Norada Court, spoke as a Planning Conm~issioner. He stated that the consensus of the Conmission was that the site had been vacant with no other appli- cations for a different use; the bamk might help progress with the perking district; it might net be practical to change uses, given the presence of an expensive vault; another financial institution might promote co _mpetition, decreasing interest rates. No one further appearing to speak, the public hearing was closed at 9:14 p.m. Mr. Toppel discussed the history of the use permit and the legal implications, saying that he himself would be inclined to say the use goes with the user. The intent of the ordinance, he said, was to require a use permit for any new financial institution in Saratoga. He listed three determinations which could be made by the Council. Councilmember Callon felt that the use by a financial institution in this location was suspect, since special perking requirenents had been placed on it and a special use permit was required. She opposed the use permit. Councilmember Fanelli painted out that there had been no other applications for the site, and she felt the site needed activity, even if it were non-retail. She also believed that the re~Lirement that Crocker join the perking district might ke the impetus which could bring about formation of the district. The benefits of t~ parking district to the Village would outweigh, she believed _any disadvanta es of another financial institu- tion~ Because of the use~ermit, she no~ed, the City ~ a lever to require participa- tion in the perking district which it would not have with ordinary retail users. Councilmember Mallory agreed tO a ~oint, but he opposed the use permit for Mr. Eagle- ston's reasons: perking, retai~l, oversaturation with banking and real estate, economic impact of land use decisions, ~romotion of prosperity, and the objective of ~oning issues. Only the parking district, he said, would cause him to reconsider. Mayor Moyles felt that additio!l real estate and financial institutions would be a nega- tive force but expressed concern akout the continuing vacancy of the property. He noted, however, that the landlord had , greed to rent to Crocker six months before the previous tenant had left, so she apparan~ly had not sought out other retail users. He thought other, more preferable uses might be found for the site. He also pointed out ~hat the use permit lever might net wor~[ well in gaining participation in the parking district, since Crocker was net enthusiastic akout accomplishing that. MDYLES/CALLON MOVE]D TO SUSTAIN APPEAL OF APPROVAL OF USE PEt~MIT UP543 AND OVERTURN PLANNING CO}~LISSION DECISION. ~assed 3-1-1 .(Fanelli opposed, Clevenger abstaining). Councilmember Clevenger then returned to her seat. City Manager stated that Village Perking District #3 would he discussed at the study session November 22° 2. Appeal of Condition of Approval of the Above Use Permit .iApplican~/appellant, Crocker Bank) It was noted that Appeal #2 had become moot because of the denial of the Use Penkit' appzoval. ' VI. NEW BUSINESS A. Discussion of Oral Conmunications, if any There bad bean no oral conmmmications, but Teresa Griswold of the E1 Quito Homeowners ASsociation requested permission to speak, and Mayor Moyles recognized her. She asked that the ASsociation be allowed to meet with Council, Planning Conmission and staff 5-11/2/83 concerning disposition of the Abrams property, especially density and traffic. Mayor Moyles asked that the Planning Conmtission agendize the issue for a study session with the Quito Homeowners and inform the Council when it would be. B. Written Communications from Public #1 from M. Dennis objecting to pimpkin sale lot noted and filed. #2 from Sheriff Winter inviting Council to visit new substation noted and filed. #3 from C. Gast requesting refund of Conxnunity Center fee for Saratoga Music bsters Art Auction - CONSENSUS NOT TO REFUND k'~:~:S. Council discussed circun- stances under which fees might be waived. CounciLmembers Clevenger and Mallory wished to discuss the issue at a later time. Mayor Moyles suggested problems be dealt with as requests were received. #4 from B. and D. Tougas with information about their efforts to alleviate foot traffic problems to pizza parlor. Co~mcilmember Mallory wished to have City Manager look at problem and bring hack ideas for alleviating problem. Council- member Callon felt that the owners ~re doing eve~hing appropriate and the proper agencies had been put on ratice about the dangerous situation. Council- member Fanelli wished to pass it along to the Public Safety Conmission, along with the traffic safety report. Councilme/nbers agreed to conduct interviews for Public Safety ~ssioners 11/22. C. New Business from Councilmembers Clevenger - Reported on Highway 85 Advisory Board. She also expressed concern over projections of increased traffic on Quito Road and stated a report on the subject would be forthcoming. Mallory - Encouraged attendance at sear on local goverr~ent finance 12/9. Mayor ~Dyles stated be ~ould obtain pertinent information from Finance Director and would attemFfc~ to attend the meeting. Expressed interest in traffic safety evaluation report and suggested that Council go through it at a study session. Fanelli - suhnitted a written con~nunication from John Caldwell of the Rotary Club concerning the "Great Saratoga to Los Gatos Race," which is to be agendized for Council approval at the next meeting. Councilmember Clevenger suggested the next race be run from Los Gatos to Saratoga in order to benefit Saratoga businesses. Fanelli - reported on Planning Commission meeting. Requested that microphones be replaced so that _speakers from the public, as well as the Council, could be heard. Mayles - reported on IGC meeting at which County General Plan Amendments were dis- cussed; one would allow light industrial use in hillside areas. Staff was directed to report to Council at next meeting as he scope of amendment. Councilmember Fanelli expressed her belief that the con~nittee structure for such issues was not appropriate for a representative government, since the applicant had no input at their meetings. D. New Business from Staff City Manager stated that City would hold a joint sale of surplus property with the Saratoga School District 11/21/83 at the City Co_rForation Yard. He also reported that there was no nDre information as yet on the Stelling Road closure question. Councilmember Fanelli said she believed a Sen Jose Councilmember opposed this closing. VII. ADJOURNMENT to closed session on litigation at 10:14 p.m. Respectfully submitted, Grace E. Cory Deputy City Clerk