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HomeMy WebLinkAbout10-03-1984 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, October 3, 1984 - 7:00 p.m. PLACE: Civic Theater, 13777 Fruitvale Avenue TYPE: ' Regular Meeting I. ORGANIZATION ~.ROLL CALL - Councilmembers Clevenger, Hlava, Moyles and Mayor Fanelli present at 7:03 p.m. Councilmember Callon present at 7:05 p.m. B. MINUTES - 9/19 MOYLES/HLAVA MOVED APPROVAL OF MINUTES AS SUBMI'i'i'ED. Passed 4-0. II. ORAL COMMUNICATIONS Ed Gomersall presented a check for $100 to the Council for Hakone Gardens on behalf of the Foothill Men's Garden Club. The Council gratefully accepted the check. III. CONSENT CALENDAR A. Conditional Final Building Site Approval, SDR 1570, Jerry Schiffman B. Resolution Denying Schumacher Appeal (heard 9/19) RESOLUTION 2183 C. Notice of C~mpletion - Quito Read Bicycle Path D. Treasurer ' s Report - August E. Approval of Warrant List HIAVA/MOYY.F.q MOVED APPROVAL OF THE ENTIRE CONS[lqT C~LRNDAR. Passed 5-0. IV. SCHEDULm MA'i'i'~MS A. ADMINISTRA~/VE REPORTS 1. Further Consideration of Ordinance on Traffic Impact Fee in NHR District City Manager and Mr. Toppel of the City Attorney's Office explained that Heber Teerlink had inadvertently not been notified of the consideration of the fee, . :' ..; although the agreement settling his lawsuit had specified that he would be so notified. _It was noted that ~ ~L Becker had submitted a letter objecting to the imposition of the fee. No one from the public appeared to speak on the issue. . ..i Councilmembers discussed the issues and concluded that there was no hasis on which . . to grant an exemption to Mr. Becker. No action was taken. (Note: See further discussion under Iten VI. B. ) ' 2. Report on Cu~,uunity Garden Request for Waiver of Use Permit Fee Community Development Director explained request. Betty Peck, 14275 Saratoga Avenue, spoke in favor of the request, stating that the Community Gardens budget was very small, and it would be difficult for them to obtain the funds to pay the fee. She felt it irrational that the City on the one hand provided money to the Gardens through Revenue Sharing and on the other hand took it back by charging a use permit fee. CALLON/HIAVA MOVtD TO APPROVE THE STAFF RECOMFiENDATION TO DENY THE REQUEST BUT TO DIRECT STAFF TO PREPARE A RESOLUTION INCREASING THE APPROPRIATION TO THE GARDt~q BY THE AMOUNT OF THE FP2~, TO BE AGENDIZED AT THE NEXT COUNCIL M~TING. Passed 5-0. Mayor Fanelli commented that the staff recommendation had been correct, since it would be unwise to set the precedent of waiving fees, but that it was appropriate to reimburse the Gardens in the manner directed. 2-10/3/84 3. Pavement Management Update City Manager reviewed report. In answer to Councilmember Hlava, he noted that development fees were the normal source of monies for the storm drainage fund, but that they did not provide the needed regular flow of funds. 4. Approval of Great Montalvo Griffin Chase Footrace, 10/28/84 CALLON/CLEV~GER MOVED TO APPROVE RACE WITH THE PROVISION THAT THE SPONSORS PROVIDE CLFAN-UP. Passed 5-0. 5. Report Concerning HCDA Cutat~[ttee HCD Coordinator explained recommendation for recruiting replacement on HCDA C~ittee. MOYLF-q/HIAVA MOV~ TO M3~KE USE OF THE VOLUNTkUGR C~'I'~R TO RECRUIT REPLACEMENT, TO ADVERTISE THE VACANCY FOR A PERIOD OF TWO WEEKS IN THE NEWSPAPER, AND TO GO THROE THE NORMAL INTERVIEW PROCESS. Passed 5-0. B. REPORTS FROM CO~4ISSIONS AND CON~4I'i'a'~:Fq 1. Report on Village Parking District #3 Chairman Richard Drake of the Finance Advisory Committee noted that the Committee approved the staff recommendation on procedures for the parking district. City Manager explained that the proposed approach would obviate the needed for long-term financing for land purchase. Councilmembers questioned staff about financing details, equity in the case of property owners who would pay fees and not gain additional parking, possibility of forming a redevelopment agency to handle parking, and similar matters. The Council thanked the Finance Advisory Committee for its work and requested that staff work out further details and a possible schedule and return the matter to a study session before any meetings with property owners took place. 2. Oral Reports from Commissioners - None. Since the hour of 8:00 p.m. had arrived, Mayor Fanelli proceeded to public hearings on the agenda. V. PUBLIC HEARINGS A. Appeal of Denial of New Single Family Residence Design, Allendale Avenue (Applicant/appellant, Lo and A. Sipos) (A-1001) Community Development Director explained appeal. The public hearing was opened at 8:05 p.m. Mr. Lipos rose to speak as the applicant/appellant. He stated that he had undergone bureaucratic hardship in his attempts to have his design approved. He felt the house was not too bulky in comparison to other houses on the street; he believed that if the house were changed to a single story it would appear much bulkier. In answer to MayOr Fanelli, he stated that the garage of the house next door is underneath the building and that the floor of his garage would be sunk 2 1/2 feet below lot level. In response to Councilmember Callon, he described the homes in the neighborhood as being a two-story about 6600 sq. ft. across the street, a 5600- sq. ft, house next door, and a 5000-sq. ft. house next door. No one further appearing to speak, the public hearing was closed at 8:15 p.m. Councilmembers discussed issues. They expressed concern that the Planning Commission minutes seemed to leave detailed discussion of findings 3 and 4 up to the City Council.. Councilmembers expressed the view that the definition of '~Dasement" needed some work, but agreed with Mr. Teppel that there was no confusion as to whether the area in question was a basement, because it clearly was not one. The . majority of the Council felt that the proposed house was compatible with the neighborhood and not excessively bulky. Councilmember Moyles believed that, although he had voted for minor variances in the past, the requested square footage increase was too great to grant, Councilmember Clevenger felt that it was inappropriate to compare the proposed house .to large houses along Allendale on one- 3-10/3/84 acre lots, while the proposed house was on a smaller lot. Neither she nor Councilmember Moyles was able to make the findings to grant the appeal. HLAVA/CALLON MOVED TO GRANT APPEAL, MAKING THE FINDINGS THAT THE HOUSE IS COMPATIBLE WITH THE NEIGHBORHOOD HOUSES AND ITS RELATIVELY LOWER ~OSITION CAUSES IT TO APPEAR ACC~F~ABLE WITH RESPECT TO BLTLK. Passed 3-2 (Clevenger, Moyles opposed) ~ Mayor Fanelli then returned to items preceding public hearings on the agenda. C. ORDINANcP-q AND RESOLUTIONS 1. Amendment to Animal Control Ordinances (first rending) City Manager explained ordinance. Councilmembers discussed provisions of ordinance, including requirement for spaying or neutering animals adopted from the pound, time of notifying owner of impoundment of pot, problems of dogs harassing joggers and children, and possibility of seizure of dog without a hearing. Mayor Fanelli noted that the proposed amendments are primarily a means of enforcing and implementing the carrent leash laws, which permit authorities to pick up strays anyway. There was consensus to hold a public hearing on the matter; Councilmembers Callon, Clevenger and Moyles planned to discuss their idens with the City Attorney; City Manager suggested requesting a representative of the County to be present. 2. F~riy Warning Fire Report System for High Fire Hazard Zone Ordinance (second rending) City Manager noted that Fire District had adopted an ordinance in connection with the implementation of Saratoga' s ordinance. HLAVA/~T,RVENGER MOVED TO READ ORDINANCE BY TITLE ONLY, WAIVING FURTHER READING. Passed 5-0. CLEVEN~/HLAVA MOVMD TO ADOPT ORDINANCE 38.121 ~S READ BY TITLE ONLY. Passed 5-0. 3. Resolution Cu~lending Ed Gomersall HLAVA/~LRV11qGER MOVED TO ADOPT RESOIETION 2184 WITH AMENDMENT APPOINTING COMERSALL AS PARKS AND RECREATION COMMISSIONER EMERI~3S. Passed 5-0. 4. Resolution Concerning UN Day MOYT,F.q/HIA~rA ~ TO A[X)PT RESOLUTION 2185. Passed 5-0. Mayor Fanelli noted that Marilyn White was to be commended for handling UN Day for many years;. she felt that Mrs. White might wish to have another individual considered-for the position in the future. D. BIDS AND CONTRACTS 1. Agreement with TJKM, Route 85 Consultants C~,~/~40YT,F~q ~]~D TO APPROVE AG~RFMENT. Passed 5-0. VI. NEN BUSINESS A. Discussion of Oral Ccmmanications, if any Mayor Fanelli directed staff to write a thank-you letter for their generous donaticm for Hakone Gardens. · B. Written C~'L',unications from the Public #1 from W. Ouderkirk requesting exemption from provisions of Second Unit Ordinance - staff directed to collect all such letters, including anonymous ones, for consideration when the Second Unit Ordinance is considered about one yenr after its adoption. At that time various issues will be considered, including (but not 4-10/3/84 limited to) exempting historic houses, "grandfathering in" second units existing before 1/1/83, and waiving of penalties in certain situations. Staff to so inform individuals. who inquire. Councilmember Clevenger noted that she had not voted for the ordinance because of the near-impossibility of enforcing certain provisions. Mr./L }~ Becker then rose to speak, saying that he had understood that he was to appear about 7:30 p.m., but his item on the agenda (IV.A. 1.) had already been passed over when he arrived. Mayor Fanelli informed him that his letter had been given due consideration previously but permitted him to speak nonetheless. Mr. Becker stated that he had not been informed of the $5000 traffic impact fee when he purchased his lot, Considering that 45 lots were still for sale, and that he had bought his lot before the ordinance became effective, he felt that he should not be required to pay the fee. Mayor Fanelli pointed out that the fee had no connection with purchasing the lot, but was a development fee set by the City in accordance' with law. Councilmember Callon added that the Council had felt that the cost of the road should be berne by the builders of the additional homes that were causing the traffic impacts. She noted that many others might come forward with the same request if Mr. Becker's request were granted. Mr. Becker responded that that problem would not occur because the fee was now widely known, but was not earlier. Councilmember Callon stated that the central problem was that no public bearing had been held on the fee_ Councilmember Clevenger commented that Mr. Becker had telephoned her, and she had felt the ordinance should have been passed as an urgency measure. She believed that Mr. Becker had now had the opportunity to express his opinions, and that the ordinance was necessary and logical. Mayor Fanelli asked whether any councilmember wished to make a motion to waive the fee; no motion was made. In response to Mr. Becker, Mr. Toppel of the City Attorney's Office stated that there was no appeal from the City Council's decision except through the court system. C. New Business frc~ CounciLmeuk~rs Hlava - inquired as to street trees end sidewalks on Via Monte and Via Escuela. Cu~lLcnity Development Director stated he would cheek into situation and report hack. Moyles - reported on Measure G Committee and stated that Bert Toevs was contact person. Fanelli - noting problems that have occurred because of lack of public notice on various items, suggested a new policy that all ordinances would be scheduled for a public hearing for their first reading. For ordinances not requiring two weeks' legal notice, she felt that one week's notice would be sufficient. City Manager brought up the possibility that such a policy would sacrifice the Council's decision-making capability, but Mayor Fanelli pointed out that holding a public · hearing would not have such an effect. Councilmember Moyles agreed with the policy except with regard to urgency ordinances, and Councilmember Callon commented that staff could still recommend that an ordinance be passed as an urgency ordinance. 'D. New Business frcm Staff, Administrative Reports not Scheduled 1. Oral Report on Hazardous Materials Problem at Tripp Residence City Manager reported on progress of clean-up by County workers at residence where hazardous waste had been found. City Manager then stated that an audit had been received from Green Valley Disposal Company and distributed to the Council. .He enumerated several concerns in connection with the audit and explained how he had requested that Green Valley deal with them° Councilmembers then discussed upcoming schedule. It was decided that the 10/23 meeting with school districts would be postponed, with Mayor Fanelli working on the scheduling. The Owens appeal will be discussed at the 10/23 study session, and the study session of 11/13 and the regular meetj_ng of 11/21 will be canceled. In answer to the Deputy City Clerk, Mayor Fanelli stated that the Council would first decide On the number of members appropriate for the Finance Committee, then conduct interviews to fill the vacancies. 5-10/3/84 E. Action Referral Log City Manager distributed a draft log prepared 9/14 by the Deputy City Clerk. Councilmember Clevenger requested that her concerns about the Horseshoe Drive drainage brought up at the 9/19 meeting be placed on the log. Councilmember Moyles asked that restoration of the lights at Blaney Plaza and the ground lights at the Memorial Arch also be placed on the log. VII. ADJO~ The meeting was adjourned at 10:18 p.m. to a closed session on litigation. Respectfully submitted, Grace E. Cory Deputy City Clerk