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HomeMy WebLinkAbout06-06-1984 City Council Minutes SAPATOGA CITY COUNCIL TIME: Wednesday, June 6, 1984 - 7:00 pmu PLACE: Civic Theater, 13777 Fruitvale Avenue TYPE: Regular Meeting I. ORGANIZATION P~ ROlL CALL - Councilmembers Clevenger, Fanelli, Mallory and Mayor Moyles present at 7:10 p.m.; Councilmember Callon present at 7:11 p.m. B. MINUTES- 5/16 FANRr,T,T/MOYLES MOVtD TO APPROVE MINUTES AS S~TI'ED. Passed 5-0. II. ORAL COMMUNICATIONS Akos Szoboszlay spoke against the proposed County-wide 1/2 cent sales tax and urged the Council to oppose it. III. CONSENT CAr.k~ND/tR A. Denial of Claim - Vander Putten {by Wilhelm) B. Denial of Claim - San Jose Water Co. (by Pinelli in connection with 21139 Michaels Drive ) C. Resolution concerning California CowBelles Beef COok-Off Day sponsored by Mayor RESOLUTION 2149 D. Final Building Site Approval, SDR 1503, Motel/Hotel, 4th St. end Big Basin Way, Oudewaal/Galeb Final Building Site Approval, SDR 1542, Public Storage, Saratoga-Sunnyvale Read F. Resolution Upholding Decision of Planning Cosmission denying Design Review ~pproval for A-950 heard 5/16/84 (Applicant/appellant, Parnas Corp.) RESOLUTION 2150 G. Treasurer's Report - ~pril H, ~pproval of Warrant List F~Ivcr.I.T/CALI/)N MOVED APPROVAL OF ENTIRE CONSENT CAr.~DAR, Passed 5,0. 1. Proposed Budget for 1984-85 City Manager explained proposed budget, and Mayor Moyles noted that the Council bad discussed deleting the $500 decrease in the Sister City budget and decreasing the Sheriff's contract amount by $19,200. Councilmember Mallory expressed his concern about the ability of staff to handle policy analysis; s~pport for police mana~_nt; his hope that road maintenance budget would be funded with capital funds. FANELI.T/MOI~LES MOV~I) TO AMEND EXBIBIT II TO SHOW FIVE ITEMS: $50,810 D~ZREASE FUR SUPPORT TO COMMUNITY ACTIVITIES; $39,415 II~E TO PERMIT REVIEN; $5,897 I,~ZRFASE TO t/tNDSCAP~D M~DIAN M~i~'i'~.'.~NCE; $5,897 INCRF/~E TO NEIGHBOPJ~D P~,R~S MAI~rb~CE# AND $19,200 D~E TO SHERIFP'S CONTPJ~CT. Passed 5-0. C~,EVENGER/MOYLF. q MOVED TO ADOPT RESOLUTION 2151 ~DOPTING THE 1984-85 BUDGET. Passed 5-0, 2. Agre~nent for Settlement of Vogel et al. vs. Saratoga 2-6/6/84 Mr. Toppel of the City Attorney's Office explained the proposed settlement. Councilmember Mallory felt the number of lots granted exceeded that in the original map. MOYr.~.q/FAbrg~.T.T MOVED TO ADOPT RESOLUTION 2152 APPROVING THE S~'.'j'~,EMI~qT WITH THE PROVISION THAT IT BE WITHDRAWN IF NOT SIGNED WITHIN TEN DAYS BY ALL PARTIES. Passed 5-0. 3. Agreement for Set'tl~'a~L of T~vii~5~ e~ al. vs. Saratoga Mr. Toppel explained the proposed settlement. Councilmember Mallory opposed the agreement because he felt it went beyond the intention of the Specific Plan by adding lots in exchange for public improvements. Councilmember Clevenger ounmented that the agreement was the best comprc~nise which could be worked out under the circnanstances. FANEr.I.I/MOYLES MOVED TO ADOPT RESOLUTION 2153 APPROVING THE S~'1'3'~ .RMENT AGREMRRNT. Passed 4-1 (Mallory Opposed). B. REPORTS FROM O0bgaISSIONS AND COMM1TI'k~ig 1. Report frem Councilmember Clevenger Regarding Hakone Foundation Councilmember Clevenger reported on progress of Hakone Foundation and asked Council to authorize further action. FANELI,I/CLEVENGER MOVED TO REQUEST THAT BILL GLENNON PREPARE THE APPROPRIATE LEGAL DOCUMENTS TO ESTABLISH THE HAKONE EDUNDATION. Passed 5-0. 2.Report frem Planning Ccrmnission to Modify CC&R's for Tr. 6526 and 6528 ( Parker Ranch ) Planner Kerdus explained request to modify CC&R'S, noting that this was expected to be the last amendment allowing more lots to have swi_nm~ing pools. In answer to Councilmember Callon, Bill Heiss, who had suk~itted the request, stated that about 50% of the lots would have pools if the amendment were allowed. Councilmember Callon also c~tit~ented that the original concept was to restriot individual pools and encourage cuLa~,unity facilities. FAN'RI.I,~/MOYLES MOV~I) TO APPROVE AGENDA BILL 649 RECOMMENDING MODIFICATION TO CC&R'S. Passed 5-0. C. ORDINAI~-q AND REBOIJ3TIONS 1. Second Unit Ordinance (second reading) Mr. Toppel explained the ordinanc~ Mayor Moyles and Councilmember Callon moved and seconded to read the ord/nance by title only, waiving further reading. (Clerk's note: The motion was not voted upon and was later withdrawn_) Councilmember Fanelli brought up the possibility of allowing the legalization of existing second units in the R-1-10,000 district under the san~ conditions as in other districts. She felt the ordinance as written was punitive, since it required cu,~liance without providing a method for c~npliance in that district. CouncilKember Clevenger felt that the decision that second units should not be allowed on such small lots had been reached after much discussion, and it was an appropriate decision; Councilmember Mallory agreed. After further discussion, the motion to read the ordinance by title only was withdrawru MOYLES/CALLON MOVED TO CONTINUE THE ITEM TO THE NEXT Fm~TING, WITH THE PROPOSED AM~lqD~14T ~D BE PIE{SICALLY AT]IACH~D TO THE PROPOSED ORDINANCE, AND WITH NOTICE TO ;xl.l. TIEE GROUPS %~[IClt HAD PREVIOUSLY PARTICIPATED. Passed 3-2 (Clevenger, Mallory ~l. upposed). . ., 2. Revision to OrOinance NS-3, subsection 13~7(a) (7), Design Review Of · ru2sidential Structures (C-208) (second reading) F~DYIJ~/CLL'qE-~li~I :.:OVID 'iD ?j~MD ORD1N;e4CE NS 3.57 BY TITLE ONLY, WAIVING FURTHER READINS. Passed 5-0. · 3-6/6/84 MOYLF. q/FAIqMLLT MOVED TO ADOPT ORDINANCE NS 3.57. Passed 5-0. 3. Garbage Disposal Ordinance (first reading) City Manager explained proposed ordinance. Councilmember Clevenger asked about the status of the appeal process, and City Manager stated that there was already an informal appeal process, because citizens could petition for relief frGn the City Council, which could then direct interpretation of the ordinance. Councilmember Clev~nge_r ~ she w~,~ ~ .... ~v ,.,~h ~ n~,, ~a~nager to develop a more formal appeal process. Councilmember Mallory asked whether mandatory service had been enforced in the past, and City Manager replied that it had not, and that about 400 out of 10,000 possible subscribers did not pay for service. Councilmember Mallory stated his belief that if mandatory service were to be enforced, after it had not been enforced in the past, a public hearing should have been held. MOYT.F-q/CLEVENGER MOV[D TO RFAD ORDINANCE BY TITLE ONLY, WAIVING FURTHER READING. Passed 5-0. MOYLES/Cr.RVENGER MOVED TO INTRODUCE ORDINANCE AS READ BY TITLE. Passed 4-1 (Mallory opposed ). 4. Transient OCcupancy Tax Ordinance (second reading) Mayor Moyles suggested this item be discussed under Item V. A. 5. Business License Tax Ordinance (first reading) Mayor Moyles suggested that this item also be discussed under Item V.A. D. BIDS AND CONTRACTS 1. Pierce Read Tandslide Repair - Appropriations Resolution and Notice of Campletion City Manager stated that the approval of contracts and the appropriations were done in separate sequences, so that the amount appropriated did not match the amount approved in contracts. He recc~nended that the Notice of C~'eletion be approved and the appropriations resolution adopted. Councilmember Callon asked why the amount of the contract appeared to have doubled. Senior Building Inspector Harison explained the sequence of events, noting that the final cost was cc~parable to a similar emergency project in the area. He also stated that the field investigation and the design were awarded at a specific price, but the field inspection was approved through warrants. After further discussion, there was consensus to continue the item to the next study session for action at the next regular meeting. CLF~;ENGER/FAkn~.T.T MOVED TO AUTHORIZE FILING OF NOTICE OF COMPLETION.. FOR CONTRACT WITH PACIFIC GENERAL ENGIN~:~:~ING. Passed 4-1 (Moyles opposed). V. PURr.TC HEARINGS A. Consideration of Special Tax for Read Maintenance (continued frem 5/16) City Manager explained proposed tax, and Mr. Toppel of the City Attorney's Office explained the State provisions for tax relief for seniors, noting that those provisions would apply to the tax under consideration. He also stated there were no legal problens with maj_ntaining a split roll separating cu,,,ercial and residential properties. The public hearing was opened at 8:30 pm~ F. T. Barco of Camino Barco spoke in favor of the tax, urging public input and predicting a favorable public response. Dale MacIntyre, President of the Brockview Hc~eowners Association, stated that there had been a change in public opinion on the tax. He felt citizens wanted the money to be spent only for street improvements and suggested a citizens' cGTmittee to oversee expenditures. No one further appearing to speak, the public hearing was closed at 8:37 p.m. Council discussed issues. There was consensus to insert a provision noting the 4-6/6/84 availability of tax relief for seniors. MOYLES/FANRTI~ MOVED TO DELETE THE SECOND AND TIIIRD SENTENCES IN PARAGRAPH 6.B., AS W~T.T. AS THE FIRST THREE WORDS OF THE NEXT SENTENCE. Passed 4-1 (Mallory opposed). (Clerk's note: Deletion of these sentence removed the provision for a special tax collection which would have been several months sooner than the regular collection. ) Councilmember Mallory said he preferred to begin the tax collection as soon as possible. MOYT,F,q,/FANRLT,T MOVED TO DET,~rI'E THE SEEOND SENTENCE IN PARAGRAPH 6.A. Passed 5-0. (Clerk's note: Deletion of this sentence changed the date a lien would attach, since a regular rather than a special billing was contemplated. ) Mayor Moyles brought up the possibility of charging an amount not to exceed $100 for residential parcels ($80 the first year) and an amount not to exceed $200 for c~m~ercial parcels ($160 the first year). Councilmembers discussed the definitions of "cc~nercial" end "residential." There was consensus to delay introducing the ordinance until the City Attorney could write the.proposed definitions and other provisions. FANF~.I.I/CAT.TON MOVED TO DIRECT CITY ATTORNEY TO RE-WRITE ORDINANCE AND RESOLUTION ACCORDING TO COUNCIL DISCUSSION OF AMENDMENTS. Passed 5-0. The Council recessed fron 9:11 p.m. to 9:36 p.m. B. Protest Hearing for Existing Landscaping and Lighting District ILA-1 Mayor Moyles read the opening statement and declared the public hearing open at 9:36 p~m Deputy Cty Clerk read a statement verifying that the affidavit of publication and certificate of posting the resolution of intention were on file. Assistant Civil Engineer explained proposed assessments. Deputy City Clerk stated that there were no written protests. No one appearing to speak, the public hearing was closed at 9:42 p.m. MOYT,F.q/CALLON MOVED TO ADOPT RESOLUTION 2138-D OVERRULING PROTESTS AND ORDERING THE IMPROVEMENTS AND CONFIRMING THE DIAGRAM AND ASSESSMENT. Passed 5-0. C. Protest Hearing for Annexation to T~ndScaping and Lighting District LLA-1 Mayor Moyles read the opening statement and declared the public hearing open at 9:43 pa Deputy City Clerk read a statement verifying that the affidavit of publication and certificate of mailing the resoution of intention were on file. Assistant Civil Engineer explained proposed assessments. Deputy City Clerk stated that no written protests had been received. Andrew Beverett, 19597 Via Monte, spoke in favor of the annexation. Robert Cross, 13132 Via Madronas, also spoke in favor of the annexation. He mentioned that the hcmeowners association steering cuL~,~ttee had r~ceived a protest letter and presented it to the City Council. Deputy City Clerk noted that the letter was fron Mrs. John N. Denny, 13250 Via Arriha. Mr. Cross stated that the hcmLoowners association had invited responses from all homeowners affected, and Mrs. Denny's letter was the only negative response. No one further appearing to speak, the public hearing was closed at 9:59 p.m. FANRT.T.Y/CAILON MOVtD TO ADOPT RESOLUTION 2137-D OVERRULING PROTESTS A~D ORDERING THE ANNEXATION OF TERRITORY TO AN EXISTING ASSESSMjlNT DISTRICT, ORDERING IMPROVEMENTS AND CONFIRMING THE DIAGRAM AND ASSESSMt.IqTo Passed 5-0. D. Appeal of Denial of Variance at 14016 Camino Barco (Appellant/applicant, G. and E. MoLaughlin) (V-636) · , Planner Kerdus explained history of appeal. The public hearing was opened at 10:04 p.m. Glen McLaughlin, 14016 Camino Barco, spoke as the appellant He stated that his lot was irregular, so that the extension into the setback did not impact the neighbors' privacy. The irregular lot also required that the house be one story in front and two story in hack, which was an exceptional circumstance. He felt that having a 5-6/6/84 deck adjacent to the living areawas a ccr~non privilege and would relievethe monotony of the rear elevation. He stated that all the neighbors agreed except for one owner of property which could not be seen frcmthe site. Mr. McLaughlin then pointed outthe location of the site end the neighbors on a mapand explained further details of the design in answer to Councilmembers' questions. No one further appearing to speak, the public hearing was closedat 10:18 ~ouncihnemt~r Fanelli stated that she had visited the site and could notmake the' findings for the variance; she could see the site frcm the read end the neighbor's hack yard. CoancilmemberCallon also stated that she could not makethe findings. Mayor Moyles requested that Planning Cu~,~assioner Joyce Hlava give the Council her opinioru Cu~lassioner Hlava stated that one of the main considerations was that the existing width on the back of the house was already present in the setback, as opposed to building sc~nething to intrude further into the setback. Councilmember Clevenger stated that if no one objected there seemed to be no reason to deny it, and CouncilmemberMalloryalso felt it was difficult to deny. Mayor Moyles believed the proposal couldmitigate the design problem andmeet the objectives of the district as well. Council discussed the findings to be made and those which had previously beenmadebythe Planning Cul~L'dssion. CLEVENGER/MOYLESMOVED TO GRANTTHEAPPEAL. Passed 3-2 (Callon, Fanelli opposed). As to the findings, Mayor Moyles referred staff to the applicant's letter and the staff report in which findings were made to grant the existing halcony. F_ Appeal of Tentative SubdivisionApproval for 36 Lots at Brookview School Site, 12301 Radoyka Dr. (Appellant, ~ and I~ Burden; applicant, Morelend School District (SD 1554) Planner Kerdus explained the appeal, and the public hearing was opened at 10:38 p.m. Chris Everett spoke as a representative of the Park Woods Hcxne~wnersAssociation and the Burdens, the appellents. He requested that all activities relating to development of the sitebe restricted to the primary access route, with the seooDa~ry access restricted to all except emergency traffic. He believed there would be traffic problems with the proposed intersection and suggested mitigation measures. In answer to Mayor Moyles, he statedthat residents would not expect negative impact if traffic in the are were decreased. Jim Russell, 12776 Saratoga Glen Court, spoke as president of the hc~ecwners association. He stated that there was no intention of cc~plyingwith the mitigation measures. He felt thatanad hooc~L~atteeshouldbeinvolvedinthe planing of the project. Councilmember Fanelli stated thatthe conditions would be recorded so that they would not be lost. In addition, she said, there would be design review of the project. Mayor Moyles requested that the homeowners associationbe given special notice of any public hearing on the matter. Ray Sinpson; 12300 Radoyka, requested that Obrad Dn r~tkeclosed; he did not feel that Radoyka should absorb all the traffic. Bob Reasoner, Superintendent of the Moreland School District, stated that he supported any adjustments in the construction process desired by the residents. Mayor Moyles suggested that he might wish to set up an independent ccmnitteeto keep in touch with the hc~ecwners. Mr. Reasoner pointed out that the school district no longer has any direct responsibility for the site, but stated he would be glad to land suppert to the hcm~<7~ners. Jerry Lohr spoke as a representative of Saratoga Foothills Development Corporation. He explained the conditions placed on the .subdivision and expressed willingness to meet with the hc~eowners if they wished. Planner Kerdus explained that City purchase of park at E1 Quito would mitigatethe environmental impact of the development to sc~eextent, so thattheCouncil could make the findings to approve the project. In answer to Councilmember Clevenger, Mr. Simpson stated thatthe neighbors had not reviewed the plan, as far as he knew. 6-6/6/84 No one further appearing to speak, the public hearing was closed at 11:11 p.m. Councilmembers discussed various methods of mitigating traffic impacts. As to the suggestion of a stop sign, Councilmember Fanelli felt it best not to place a stop sign on a project that has not been built; if a stop sign.proved necessary, it could be addressed later. FAN~.LI/MOYLES MOV~) TO ~<TIFY THE FINAL EIR AS ADEQUATE, ACKlqOWLEDGING THAT TEE.. PROJECT WILL HAVE A SIGNIFICANT IMPACT ON THE ~qVIRONMENT. Passed 5-0. FANRLLT/MOYLES MOVe) TO DENY APPEAL ON CONDITION THAT OBRAD DRIVE BE CLOSED DLE{ING CONSTRUCTION BUT OPENED AS A REGULAR ACc~-qS ROAD AFI'~ COMPLETION OF CONSTRUCTION. Passed 4-1 (Clevenger opposed). Councilmember Clevenger stated that she opposed' the motion because she felt Obrad should not be a regular access rood; she felt it should be used only for energency access. MALLORY/cr.RVENG~ MOVED TO AMEND THE MOTION TO MAKE O~RAD DRIVE EMERGENCY ACCESS ONLY. Failed 2-3 (Callon, Fanelli, Moyles opposed). Councilmember Mallory'excused himself at 11:29 end left the meeting; Mayor Moyles left the meeting temporarily. F. Rezoning frown R-M-4000 to R-M-3000 at 14234 Saratoga-Sunnyvale Rd. (Applicant, MOrrison end Fox) (C-206) (first reading) Assistant Planner Flores explained the applicatiom The public hearing was opened at 11:34 pj~ No one appearing to speak, it was closed at 11:35 p.m. Councilmembers discussed issues, including whether a EIR should be required rather than a negative declaration, since impacts were possible due to a possible increase · of twelve units. Assistant Planner explained that in his judgment impacts would not be significant even with a 12-unit increase because not enough daily trips would be generated to cause impact_ Councilmember Fenelli noted that high density in the Village area was called for by the General Plen. In answer to Councilmember Clevenger, Assistant Planner stated that if there appeared to be a problem with the · project being too close to the creek, staff would consult with the water district for conditions to be imposed. It appeared, he said, that only five or six units could be granted without variences. FANRLT.I/~ER MOV~ APPROVAL OF THE NEGATIVE DECLARATION. Passed 3-0 (Mallory, MOyles absent. CAT.TON/MOYLES MOVED TO READ THE ORDINANCE BY TITLE ONLY, WAIVING FURTHER READING. Passed 4-0 (Mallory absent). CALTON/FAN~.r.T MOV~] TO INTRODUCE THE ORDINANCE AS READ BY TITLE ONLY. Passed 3-1 (Clevenger opposed, Mallory absent). Councilmamber Clevenger stated that she opposed the project because it appeared that the developer would crowd the units end add second stories in order not to approach too close to the cree~ Councilmember Callon noted that the maps which had been sut~nitted were simply exhibits provided by the applicant and have no connection with the rezoning. G. Amendment to Text of Article 4A (PC Planned Ccmmtunity District) of the Zoning Ordinance (C-207) (first reading) ASsistant Planner Flores explained the proposed amendment. The public hearing was opened. at 11:46 p.m. Ken Riding spoke as a representative of the AM Cc~pany, which had a contract to purchase the Teresi property. He stated that his company had met with various interested groups ~ had their support. He favored the ordinance because he believed the flexibility it would provide was needed. No One further appearing to speak, the public hearing was closed at 11:47 p.n~ Councilmember Fanelli pointed out that if the Council approved the rezoning that did 7-6/6/84 not imply that they approved the project. FANEII.T/MOYI.F.q MOVED TO APPROVE THE NEGATIVE DECLARATION. Passed 4-0. CALLON/MOYI.F.q MOVED TO READ THE ORDINANCE BY TITLE ONLY, WAIVING FURTHER READING. Passed 4-0. CALLON/MOYLES MOVED TO INTRODUCE THE ORDINANCE AS READ BY TITLE. Passed 4-0. VI. NEq BUSINESS A. Discussion of Oral C~,~Lonications, if any - None. B. Written Cul~lLonications frGnthe Public #1 frcm IAFCO urging that staff be supported in returningmaterial concerning Spheres of Influence - to be discussed at study session. #2 frc~D. Bruce requesting that Council not support EIS on Guadalupe Corridor light rail project - notedand filed. Mayor Moyles, recognizing that Mr. Bruce had been waiting for several hours, allowed himto speak. He requested that the Council re-examine the EIS, which he stated was j_naccurate. Mayor Moyles stated that the Council would probably state its position in connection withthe Alternatives Analysis process at a later time. #3 from S. Price resigning from Parks and Recreation Cu:~,dssion - resignation accepted and staff directed to advertise for this vacancyas well as vacancy on Plann/ng Cu~m~ssion due to Hlava's election to Council and to prepare resolutions for resigning cu,~,dssioners; previous applicants for position to be interviewed. #4 from~ and J. Martel requestingmoratorium on building permits for Saratoga Hills Water Zone referred to staff; Cc~munityDevelopment Director to request San Jose Water Company for letter of intent with a copy to Chief Kraule. Mr. Martel was allowed to speak and gave further details of the water pressure problem. #5 from ~ Barrett opposing construction in connectionSwith Highway 85 noted and filed; letter to become part of Alternatives Analysis file. #6 from ~ Lehnen requesting information about assaults in Saratoga - City Manager to reply. #7 from % Clark expressing concerning about an experience with Building Department - City Manager to edit report and make appropriate response. #8 frc~nMrs. O. W. Ferris requesting noise test - referred to staff for reply. #9 frc~ M. Houde requesting information about Proposition 24 - City Manager to acknowledge. #10 from W. Notz requesting council to contct Supervisor Morgan to place Sunland Park in 5th supervisorial district - City Manager towrite Morgan with a copy to I2~FCO asking them how to make change before November. #11 fromnine residents objecting to garbage rate increases of up to 350% and elimination of single can service - noted and filed. #12 fromthree cities expressing their position on the proposed 1/2 cent sales tax for hig._hway improvements - noted and filed. #13 from two citizens opposing above tax - noted and filed. #14 from three residents supporting stoplight at Herrimanand Highway 85 - referred to Public Safety Comission. C. New Business from Councilmembers CouncilmemberCallon inquiredas to the status of certainCity investments. Finance Director stated that one of the institutions with which the City invested had been taken over byanother institution and that theprincipal was coveredby insurance in any case. D. New Business from Staff, Administrative Reports not Scheduled Deputy City Clerk submitted a memo recommending adjournment of the meeting to June 19 f6r the purpose of declaring the results of the election and swearing in new councilmembers. City Manager inquired as to Council's preference as to holding the regular meeting which would fall on July 4. There was consensus to cancel the meeting. City Manager brought up the question of vacation schedules, and-there was cqnsensus to discuss it at a study session. Other scheduling matters were also discussed. Deputy City Clerk requested that Councilmembers who had not brought in their cedes 8-6/6/84 for updating do so. VII. ADJOURNM~qT The meeting was adjourned at 12:21'a.m. to June 19. Respectfully sukmitted, Grace E. Cory Deputy City Clerk