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Home My WebLink About09-19-1984 City Council Minutes MINUTES SARATO(IA CITY COUNCIL TIME: Wednesday, September 19, 1984 - 7:00 p.m. PLACE: Civic Theater, 13777 Fruitvale Avenue TYPE: Regular Meeting I. ORGANIZATION A. ROLL CALL - Councilmembers Callon, Clevenger, Hlava, Moyles and Mayor Fanelli present at 7:05 p.m. B. b~INUTES - 9/5, 9/11 MOYLES/CLEVENGER MOVED TO APPROVE MINUTES OF 9/5 AS SUBMITI'~D. Passed 5-0. HLAVA/MOYLES MOVED TO APPROVE MINUTES OF 9/11 AS SJBMI'ITkD. Passed 5-0. C. RESOLUTION APPOINTING PARKS AND RECRFATION CO~e4ISSIONER CALLON/PILAVA b~DVED TO ADOPT RESOLUTION 2177 APPOINTING FRAN FRANKLIN. Passed 5-0. D. ADMINISTRATION OF OATH OF OFFICE TO NEW CON~4ISSIONER Mayor Fanelli administered the Oath of Office to Ms. Franklin; Councilmembers congratulated her on her appointment. Mayor Fanelli then introduced the newly-appointed Community Services Director, Todd Argow. II. ORAL COMMUNICATIONS JOe Pen, 19301 Farley end Brett Kanazawa, 15199 Oriole Way, spoke as representatives of Saratoga High School. They requested that the Council authorize closure of Saratoga-Los Gates Road and Big Basin Way for a short time on October 12 to allow passage of the Homecoming Parade. Councilmember Callon expressed concern over complete blocking of the the street and requested that the Sheriff have officers in the area. City Manager stated that they would be present. CLEVENGER/CALLON MOVED TO ADOPT A MINUTE RESOLUTION TO BE TRANSMITTED TO CALTRANS ~PPROVING THE CLOSURE OF BIG BASIN WAY FROM FOURTH STREET TO SARATOGA-LOS GATES ROAD AND THE CLOSURE OF THE SOUTHBOUND LANE OF SARATOGA-LOS GATES ROAD FROM BIG BASIN WAY TO OAR STRk~T FROM 3:30 TO 4:00 P.M. ON OCiDR~ 12 FOR SARATOGA HIGH SCHOOL HOM~XIOMING PARADE. Passed 5-0. III. CONSENT CAI.ENDAR A. Denial of Claim - Wilkinson B. Resolution Reversing an Administrative Decision of the Planning Director (Moore Appeal, heard 9/5) RESOLUTION 2178 C. Acceptance of Donation to Hakone Garden - Conway D. Treasurer ' s Report - July E. Approval of Warrant List CALLON/HLAVA MOVED TO APPROVE ENTIRE CONSMUT CALENDAR. Passed 5-0. IV. SCHEDUr.RD MA'I'I'b/{S A. ADMINISTRATIVE REPORTS 1. Consideration of Agreement with Japanese Sister City Mayor Fanelli reported that the agreement had apparently not yet been completely -. 2-9/19/84 ' translated; she suggested that the matter be considered when the agreement was available. B. REPORTS FROM COMMISSIONS AND CO~4/~I'l'l'blIS -- None. C. ORDINANCES'AND RESOLUTIONS 1. Temporary Political Sign Ordinance (second reading) CLEVENGER/MOYLES MOVED TO READ ORDINANCE NS3.60 BY TITLE ONLY, WAIVING FURTHER READING. Passed 5-0. CLEVENGER/CALLON MOVED TO ADOPT ORDINANCE NS3.60. Passed 5-0. 2. Request for Recommendation of No Parking on Saratoga Avenue Adjacent to Library City Manager stated that the Library Commission had presented a petition for the no- parking zone during budget deliberations, and that Council had directed staff to prepare the plans. Councilmember Clevenger inqu/red as to plans to expand the library parking facilities, and Community Development Director reported that the item was included in the capital improvement budget. The design work could be performed this winter, he Said, and the construction in spring. After further questions by Councilmembers, there was consensus to discuss the lease and parking facilities at the 10/9 study session with the Library Commission. CLEVENGER/HLAVA MOVED TO ADOPT RESOLUTION MV-158 PROHIBITING PARKING ON A PORTION OF SARATOGA AVENUE. Passed 5-0. 3. Joint Exercise of POwers 'Agreement and Cooperation Agreement for 1985- 87 HCDA Program Housing and Community Development Coordinator explained proposed agreement. In answer to Councilmember Moyles, he stated that since the Elva project had proved infeasible, he was preparing a list of feasible projects so that the funds intended for Elva would not be lost. In answer to Mayor Fanelli, Community Development Director stated that Sanitation District #4 was being required to finish trenches on Elva so that they would not be noticeable. City Manager stated that, at the request of some Councilmembers, the HCD Coordinator was preparing a long-range plan for use of HCD funds. CLEVENGER/CALLON MOVED TO ADOPT RESOLUTION 2179 ACKNOWT,RDGING EXECUTION OF JOINT EXERCISE OF POWERS AGREZMENT AND COOPERATION AGREEMENT. Passed 5-0. 4. Resolutions in Connection with Olympic Celebrations a. Ccem~jnding Saratoga Vaulters HLAVA/CALLON MOVED TO ADOPT RESOLUTION 2180. Passed 5-0. ' b. Commending Saratoga High School Tall Flag Girls,. Cheerleaders, and Drill Team HLAVA/CALLON MOVED TO ADOPT RESOLUTION 2181. Passed 5-0. c. Ca~¥ending Chris Cavanaugh 'HIAVA/CA~LON MOVED TO ADOPT RESOLUTION 2182. Pased 5-0. D. BIDS AND CONTRACTS - None. V. PUBLIC HEARINGS - 8:00 P.M. OR EARLIER A. -Appeal of Denial of Variance for Side Yard Setback at 14561 Westcott Dr. (Appellant/applicant, Mr. and Mrs. F. Schumacher) (V-649) Community Development Director explained appeal. The public hearing was opened at 7:35 p.m. Fred Schumacher, 14561 Westcott Dr., spoke as the appellant. He stated his belief 3-9/19/84 that the situation was one between his neighbor and himself rather than a City matter, and that the neighbor did not object to the carport which had been built without a permit. Mr. Schumacher expressed willingness to build a one-hour fire wall to take care of any fire danger. As to the possibility of the proposed variance's setting a precedent, he felt that a two-story structure straddling the lot line in the neighborhood had already broken precedents. In answer to Councilmember Callon, he further explained the structural details of the carport, and Community Development Director noted that one reason for the setback requirements was to prevent fire danger to structures on lots belonging to others. Councilmember Callon pointed out that a lot line adjustment could bring about the same result. Dolores Smith, 14560 Westcott, spoke as a neighbor of the appellant. She felt the Council should observe human factors and grant the appeal, since the carport was aesthetically pleasing, and the neighbors were not complaining. No one further appearing to speak, the public hearing was closed at 7:42 p.m. Councilmembers located the Schumacher and Smith properties on a map and discussed issues. The majority of the Council, although they respected the neighbors' opinions, could not make the findings tO grant the appeal; they were concerned about fire safety and wished to maintain the precedents of proper building requirements. MOYLES/CLEVENGER MOVED TO DENY APPEAL. Passed 4-1 (Callon opposed). Councilmember Callon suggested that Mr. Schumacher attempt to retain the earp0rt in some other manner, such as redesigning the supports so as not to infringe upon the setback. VI. NEW BUSINESS A. Discussion of Oral Cu,~l~unieations, if any - None. B. Written Cc~munications from the Public #1 from I~ ~ Hernandez objecting to Rhett's - staff directed to send copy to Rhett's; matter to be considered at study session 10/23. #2 from D. and F~ Nchekwube urging that use permit for school not be repealed - noted and filed; Planning Cc~mLission to hear matter 9/12. #3 from ex-Councilmember J. Mallory expressing appreciation to Council - gratefully accepted. C. New Business from Councilmembers Clevanger - reported a complaint from Fir. Hoffmann of Horseshoe Dr. concerning drainage problems; Community Development Director stated that developer had installed secondary drain which had been thought to be adequate; item was placed on action referral log. Moyles - inquired as to status of action referral log; City Manager stated that he was working on it and might have it ready this week or next week. Councilmembers reiterated that the present format was acceptable, and their primary concern was to maintain a list of the issues. Moyles - brought up the City flag; Council reached consensus on design and color. Fanelli - noted that Peninsula Division of League of California Cities did not seem to have information as to Saratoga representative; City Manager stated that they would be re-advised that Councilmember Callon was the representative. Fanelli - reported that a question-and-answer sheet had been prepared on street tax issue for distribution to the public. D. New Business from Staff, Administrative Reports not Scheduled Finance Director reported that, at direction of Council, he had used budgeted funds to purchase excess liability coverage in the amount of $15,000,000 rather than the $10,000,000 originally contemplated. Mayor Fanelli then noted that the Heritage Preservation Commission was planning a Town Meeting OCtober 11. · 4-9/19/84 City Manager stated that a representative of Saratoga High School wished to speak. Christie Kenyon, 14024 June Way, rose to request that the school be g~anted permission to extend their school dance until .midnight. Mr. Toppel of the City Attorney's Office explained that the ordinance regulating such dances was under review and would probably be eliminated. Gladys Armstrong, 20462 Chalet lane, spoke as a neighbor of the school, stating that she did not object to the extension but requesting that the neighbors be informed of the action. There was consensus to authorize the extension and to direct staff to work out the details with the school advisors ..... Councilmember Hlava thanked the many. staff members who had assisted her in planning the Saratoga Olympic celebration to be held September 22. E. Action Referral Log (Note: See New Business frc~ Councilmembers. ) VII. ADJOURNMj~qT The meeting was adjourned at 8:12 p.m. to a closed session on litigation, then a closed session on personnel. Respectfully suksitted, Grace E. Cory Deputy City Clerk