HomeMy WebLinkAbout10-17-1984 City Council Minutes MINUTES
SARATOGA CITY COUNCIL
TIE: Wednesday, October 17, 1984 - 7:00 p.m.
PLACE: Civic Theater, 13777 Fruitvale Avenue
TYPE: Regular Meeting
I. ORGANIZATION
Vice Mayor Clevenger called the meeting to order and proceeded with the agenda in
the temporary absence of Mayor Fanelli.
/LROLL CALL - Councilmembers Callon, C!evenger, Hlava and Moyles present at
7:05 p.m. Mayor Fanelli present at 7:09 p.m.
B. MINUTES - 10/3
FDYT.~-q/HIAVA MOVED APPROVAL OF MINIYlF_~ AS SUBMI'ITm. Passed 4-0.
II. ORAL COMMUNICATIONS - None.
III. CONSENT C~I.RNDAR
A. Denial of Claim - Pacific Gas and Electric (by Christenseni.
B. Acceptance and Acknowledgment of Donation frcm Optimists Club
C. Resolution Granting Sipos Appeal (heard 10/3/84)
RESOLUTION 2186
D. Approval of Warrant List
Councilmenber Hlava renoved Item D frem the Warrant List.
HLAVA/MOYLES MOVED TO APPROVE ITEMS A, B, AND C. Passed 4-0.
Councilmember Hlava asked for an explanation of a payment to a church, and Finance
Director explained it that it was for parking in the church lot.
HLAVA/~.RVENGER MOVED TO APPROVE ITeM D. Passed 4-0.
IV. SCHEDI~.RD MA'I'i'~iMS
A. ADMINISTRATIVE REPORTS
1. Report on Proposal to Amend Curfew Ordinance to Prohibit Loitering
City Manager explained proposed amendment, and Councilmembers discussed ordinance_
Councilmember Callon expressed concern that the second paragraph in Section 10-2
might cause problems in that it was more restrictive than the Council intended. Mr.
Toppel of the City Attorney's office replied that the paragraph was not needed and
could be deleted. There was consensus to amend the proposed ordinance by deleting
that paragraph and, in accordance with the-Council's new policy, to introduce it at
a public hearing at the next meeting on November 7.
2. Recommendation for Reclassification of Park Maintenance I to Park j-
Maintenance II
City Manager explained recommendation and answered CotLncilmembers' questions, noting
that the change would not increase total staffing.
CAIIDN/CLEVENGER MOVED TO APPROVE RECLASSIFICATION. Passed 5-0.
3. Presentation of Final Approved Budget for 1984-85 and Prior Year
Financial Report
Finance Director noted that the Council had already received the documents and that
the matter was agendized to formalize their acceptance. In answer to Mayor Fanelli
Finance Director stated that a volunteer had collected data for a fixed assets list,
2-10/17/84
but it had not been decided how to organize the data in usable form. Mayor Fanelli
pointed out that it was not possible to estimate the needs of the equipment
replacement fund without a good system for tracking fixed assets. She requested
that the list be placed on the action referral log. Councilmember Callon, noting
t_hat the "prior year" financial report was for 1982-83, inquired as tothe reason
· for the delay. Finance Director responded that the data had been prepared long ago,
but that putting the data into the computer had delayed the report.
HLAVA/CALLON MOVED TO ACCEPT FINAL APPROV~ B~I' FOR L984-85 AND FINANCIAL REPORT
"FOR 1982-83. Passed 5-0.
4. Recommendation for Appropriation Adjustment to Purchase Used 12.5 KW
Generator for ~ergency Preparedness
City Manager explained recommendation. Mayor Fanelli, noting that the funds were to
come from Equipmeat Replacement budget, suggested that the Capital Improvemeat
budget would be a more appropriate source. Councilmember Callon expressed
reservations about the plan to have the Emergency Center in the Community Center
rather than at the fire station, near the Sheriff's substation. Mayor Fanelli
stated t_hat the Emergency Council includes representatives from the fire department
and other agencies; she believed they had had input into the plan to place the
Emergency Center and generator at the Community Center.
CLEV}~G~R/MOYLES MOVED TO APPROVE APPROPRIATION ADJUSTMENT AS AMenDeD TO FUND FROM
CAPITAL I_N[PR~ BUDGET RATHER THAN ~QUIPMENT REPLACEMENT BUDGET. Passed 5-0.
B. REPORTS FROM COMMISSIONS AND
1. · Report on Congress Springs Park Master Plan
Rich Vallone rose to speak as Chairman of the Parks and Recreation Commissiom He
reported that the Commission supported the project and explained the proposed
improvements. Councilmember Callon noted that the Negative Declaration stated that
the improvements included tenis courts. She questioned the desirability of
includj_ng tennis courts, since Saratoga High School and West Valley College have
public courts. Mr. Vallone explained that the courts will not necessarily be for
tennis. The best use of the land, he said, was for some sort of sport court, and
the exact type could be decided later. City Manager added that the Negative
Declaration had been prepared before the study session at which the Council had
decided against tennis courts. Mayor Fanelli asked if anyone else wished to speak
on the matter, and no one rose.
CLEVENGER/MOYLES MOVED TO APPROVE NEGATIVE DECLARATION. Passed 5-0.
· MOYT.~/HLAVA MOV~]D TO ADOPT RESOLUTION 2187 APPROVING THE APPLICATION FOR GRANT .
FUNDS. Passed 5-0.
2. Report from Public Safety Commission Requesting Status of Changes in
Chartering Resolution
Joe Long rose to speak as Chairman of the Public Safety Commission. He explained
that the 'Commission wished the Council to adopt Resolution 2080.1, which added
emergency preparedness and fire prevention/suppression to the purview of the
Commission. He clarified that the Commission simply wanted to keep the Council
informed on these areas, not to take over responsibility for then.
cI.RV~q~k~/HLAVA MOVE]3 TO ADOPT RESOLUTION 2080.1. Passed 5-0.
3. Report frem Finance Cc, L~f,~ttea Chairman with Attached Resolution 1011
Councilmembers discussed responsibilities and number of m~mbers of Finance
Committea. It was decided that the business of th~ committea required more than
four members; that the committee should meat quarterly to discuss c9~rterly
financial reports and oftener if assigned to specific projects; that in addition to
the responsibilities listed in Resolution 1011 they should review the annual' City
andits and annual budget preparations.
3-10/17/84
HLAVA/CALLON MOVED TO ADOPT A MINUTE RESOLUTION AMRZqDING RESOLUTION 2011 BY CHANGING
THE COMMI'ITEE TO FIVE MEMRR~S AND ADDING Ak~FjAL AUDIT AND BUDgeT REVIEW TO THEIR
RESPONSIBILITIES. Passed 5-0.
Since the hour of 8:00 p.m. had arrived, Mayor Fanelli proceeded to public hearings
on the agenda.
V. PUBLIC HEARINGS
A. Ordinance Amending City Cede Pertaining to Animal Control
City Manager explained proposed ordinance, which had been recommended by County.
Councilmember Callon suggested deleting the section providing for impoundment of
a stray dog which has returned home but whose owner is not at home; providing for
posting a notice in cases of summary seizure; providing for a hearing within 7 days
after request for hearing in cases of summary seizure. The public hearing was
opened at 8:16 p.m.
Bob Gantt spoke as a representative of the County Animal Control office. He
discussed applicable State law and the difficulty of identifying the homes of stray
dogs. He noted that stray dogs were picked up partly for their own protection from
traffic end other hazards.
Jim Russell, 12776 Saratoga Glen Court, related incidents of the straying of
frightened dogs. He advised the Council to think carefully before passing the
ordinance. No one further appearing to speak, the public hearing was closed at 8:22
p.m.
Councilmembers discussed possible changes to the ordinance. Councilmember Nlav~
and Mayor Fanelli expressed the view that stray dogs were a problem, that the
ordinance would help to deal with that problem, and tamparing with the ordinance
might hampar the effectiveness of the program. Councilmember Clevenger feared that
the ordinance could be abused.
CALLON/CLEVENGER MOVRD TO INTRODUCE THE ORDINANCE WITH THE CHANGES AS SUC-C~-q'A'EU BY
ODUNCIIMEMBER CALI3DN ABOVE. Failed 2-3 (Fanelli, Nlava, Moyles Opposed).
HLAVA/CALLON MOV~D TO INTRODUCE THE ANIMAL CONTROL ORDINANCE WITH AN AMENDM~]qT IN
SECTION 8-8.1 REQUIRING THAT THE POST-SEIZURE HEARING MUST RE MRrn WITHIN 7 DAYS
A~'I'EK THE REQUEST. Passed 3-2 (Callon, Clevenger opposed).
B. Ordinance Amending City Cede Relating to Public Dances and Dance Balls
City Manager e~plained proposed ordinance. Various Councilmembers expressed concern
about various sections of the ordinance, including possibility that school dances
or senior dances might be regulated by the ordinance and unfairness to applicant in
going to two bodies which might set conditions (the Planning Commission and the City
Manager). City Manager expressed the view that the ordinance was appropriate
because it allowed the Planning Commission to make land use decisions and the City
manager to make law enforcement decisions. If the Council disagreed, h~ said, the
procedure could be placed under the Zoning Ordinance. The public hearing was opened
at 8:53 p.m.~
Polly Baldridge, 20219 Williamsburg Lane, opposed the ordinance as discriminating
against those who wished to dance. She felt the real issue might be the volume of
music rather than the activities engaged im No one further appearing to speak, the
public hearing was closed at 8:54 p.m.
City Manager stated that most cities have zones where dances are permitted, with the
police department handling licenses. He characterized the Council's interpretation
of the Zoning Ordinance as permitting dance halls, since it does not prohibit them,
as an anomaly. Councilmembers discussed various means of handling the question, and
Mayor Fenelli requested Mr. Toppel to prepare another draft of the ordinance for the
study session 10/23.
C. Appeal of Denial of Use Permit, Subdivision Approval and Design Review for
office complex at southeast corner of Cox end Saratoga Avenues
(Appellant/applicant, Owen Companies) (UP 535, SDR 1539, A-989)
4-10/17/84
Community Development Director explained appeal. The public hearing was opened at
9:16 p.m.
Steven DOuglas, representing Owen Companies, introduced the architect, Colin
Russell, who presented a number of slides showing the site from various angles. He
stated that they have made changes in the project which improve it from the point of
view of solar considerations, traffic, height, and bulP~ He felt the COncerns of
the Planning Commission end staff had been satisfactorily dealt with and all code
requirements met. He believed the site to be a transitional area between commercial
end residential zones.
Mr. Douglas then stated that the project was consistent with the General Plen and
City ordinances. Noting that staff had recommended approval of the project with
conditions, he expressed willingness to cuL~ly with the conditions.
Jim Russell, 12776 Saratoga Glen Court, representing the Saratoga Park Woods
Homeowners Association, opposed the project. He preferred single family dwellings,
saying that unrevealed forces had decided to alter Saratoga's traditional character
through develoEm~nt.
Kathy McGoldrick, 12860 Paseo Presada, stated that the two-story building ought to
be lower, as was the two-story. building across the street. She believed that the
n~srby residents, in considering PA zoning, had in mind something similar to the
medical/dental complex across the street. The residents, she said, had recommended
combination uses including PA and multi-family residential, which would have less
traffic impact.
Sara Schwartz, 18886 Devon Ave., opposed the project on the grounds that it
endangered children because of increased traffic.
Joan Faunce, 18644 Bucknail, stated that the homeowners association was concerned
about traffic impacts; she felt a COntinuing assessment of traffic patterns was
needed.
Barbara Chaney, 18901 Devon Ave., expressed COncern about increased traffic,
especially trucks, in en area with many children.
Eleanor Sabella, 18724 Devon Ave., noted that many pets had been killed by traffic
in the area. She stated t_hat the General Plen recommended senior housing, end she
favored a mix of single family residential end senior housing.
. Bob Farrington, 18859 Devon Ave., expressed fear that rodents would invade the
neighborhood if the subject site were built upor~ He also feared that a commercial
site would lower property values, cause traffic problems, end create noise daring
construction. '
Betty Davies, 12433 Saratoga Avenue, opposed the pr6ject because of the danger of
increased traffic to children.
Susan Mulholland favored single family zoning rather than commercial bedause she
felt the traffic impacts would be less.
John Lundell, Andrea Place, opposed the project because it might change the
character of that part of the City end set en undesirable precedent; he preferred
single family zoning.
j
NO one further appearing to speak, the public hearing was closed at 9:59 p.m.
Councilmembers discussed the zoning, the best use of the property, the rationale for
Resolution 897 (which limited traffic on Saratoga Avenue), end the fact that the
applicant had modified the design from the original plens. Councilmember Moyles
noted t_hat the Council should not discuss changing the General Plen because the
'applicant had relied on the General Plen, but they COuld discuss whether the project
complied with the General Plen. Mayor Fenelli added that the General Plen was
intended to reflect the most COmpatible use for the site taking into COnsideraticu
the production of revenues for the City.
CONSENSUS TO CONTINUE TO 10/23 AND, IF ~N~CESSARY, 10/31.
The Council then recessed frcn 10:19 to 10:33 p.m.
5-10/17/84
D. Consideration of Recommendation to Declare Portions of I~_xington Avenue
North of Intersection with Herriman as No-Parking Zone
Community Services Director explained recommendation, and the public. hearing was
opened at 10:35 p.m.
Bob Skinner, 13784 Lexington Ct., spoke in favor of the no-parking zone, stating
that if neighbors farther down did not want it, it could be imposed only on the
first four houses. In response to Mayor Fanelli, he said that parking pernLits for
residents would be acceptable, but would be difficult to adm/nister.
Doug Davis, 13785 Lexington Ct., also favored the no-parking zone. His concern was
for public safety because of congestion, and use of alcohol and controlled
substances in the area.
Nancy Thompson, 13761 Lexington Ct., agreed, but she favored permits for cars
registered to residents.
Ed Panova, 13772 Lexington Ct., agreed and added that the attitude of students bad
deteriorated.
Edith Davis, 13785 Lexington Ct., agreed and added that some teenagers bave no
respect for others' property.
Diana Daane, 13749 Lexington Ct_, agreed but expressed the fear that a no-parking
zone might simply transfer the problem to another area.
Ed Panova rose again to reply that if the no-parking were extended to Chalet, the
students would not walk that far, so the problem would not be transferred.
Ruth Von Holwede, 13773 Lexington Ct., stated that the problem was so bad that she
could not park her car in front of her hcme.
Henry Rogalsky, Assistant Principal of Saratoga High School, explained that the
school administration was concerned about the problem. He stated that ample parking
existed on campus. When Councilmember Callon pointed out that students may still
annoy the neighbors through activities not involving parking, he replied that if the
no-parking zone were in effect, the students would probably not walk to the area. He
felt that closing the campus at lunchtime was not a feasible solution.
No one further appearing to spea~ the public hearing was closed at 11:00 p.m.
Councilmembers discussed whether a parking permit procedure should be developed for
residents. Community Services Director explained the practical difficulties
involved, and there was consensus to allow the residents to requept that the no-
parking signs be covered when appropriate rather than developing a parking permit
procedure.
CLEVt~GER/MOF.~-q MOVED TO ADOPT RE.qOLUTION MV-159 WITH AN AMENDMENT STATING THAT IT
WILL BE REVIEWED A~'I'~ FOUR MONTHS. Passed 5-0.
E. Appeal of Denial of Variance for Lot Width and Approval of Two-Lot
Subdivision at 14732 Oak St. (Appellant/applicant, Pacific Coast
Investments (V 656, SDR 1580)
The public hearing was opened at 11:20 p.m. Robin Jeffs spoke as the applicant. He
submitted photographs of the site and explained how he believed the findings could
be made to grant the appeal. He felt the Planning Commission's decision bad been
based on emotion rather than on planning considerations. He said there were other
two-story houses in the area, the intent was to legitlmize an existing situation,
and the two lots would be improved by the change. The large lot would not be split
further, he said, because that would cause an access problem.
Stan Bogosian, 20630 Lomita Avenue, submitted a petition with 32 signatures of
residents opposing the project. He stated that granting this large a variance would
set an undesirable precedent and might lead to undesirable development in
other areas. He admitted that there were other non-conforming lots but stated that
they bad been "grandfathered in." He f~red that granting the variance would lead
to reducing Saratoga to the lowest cc~mon denominator.
6-10/17/84
Mike McChesney, 20620 Lomita Avenue, stated that the variance, rather than the
project, was the issue. He feared that granting the variance could alter the rural
character of the neighborhood.
Robert Riley, 20568 Lomita, stated that he feared granting the varianCe could change
'the neighborhood.
Jerry Girley, the next-door neighbor, believed that granting a substana~rd lot to
create a flag lot wa~ undesirable. He stated that others had not been allowed to
split lots in similar situations.
Jane Hopkins, 20650 Lomita, stated that the neighbors who were directly affected by
the project objected to it. She feared that it could allow people to have second
units.
Stan Bogosian rose again to state that a letter from Warren Heid, the architect,
erroneously stated that the access to a particular lot in the area made it a flag
lot, whereas it was actually an easement.
Robin Jeffs rose-again to state' that the lot referred to by Mr. Heid was a flag lot.
No one further appearing to speak, the public hearing was closed at l!:47'p.m.
Councilmember Hlava felt that it should be the City's policy not to increase non-
conformity where there is already a non-conforming lot. Mayor Fanelli believed that
if some have not been allowed to subdivide because a lot did not meet minimum
requirements, others should not be allowed to. She also feared that if the lot were
split a second unit could be added. Councilmember Clevenger felt the City should
not make two non-conforming lots out of one non-conforming lot. In answer to
Councilmember Callon, Community Development Director explained the circumstances
under which lot splits would be allowed in the area. She then stated that this
project should be allowed if others meeting the minimum requirements in this
district would be allowed to split.
MDYT.~q/CT.RVENCe/{ MOVED TO DENY APPEAL. Passed 4-1 (Callon opposed).
Mayor Fan~lli then returned to items preceding public hearings on ~31e agenda.
4. Oral Reports frc~ Commissioners - None.
C. ORDINANCES AND RESOLUTIONS
1. Resolution Vacating Dedicated Pedestrian and Equestrian Easement -
Parker Ranch
FANF~.LI/~.RVENGEM MOV~I) TO APPROVE RESOLUTI(YN 2188 WITH THE UI~DERSTANDING THAT THE
EASEMENT CONTIGUOUS TO THE ROADWAY WILL BE MAINTAINED. Passed 5-0.
2. Resolution Increasing Appropriations for C~,~unity Garden
HLAVA/MOYLF-q MOVE~) TO ADOPT RESOLUTION 2151.8. Passed 5-0.
3. Resolution Appropriating Funds for TJEM Contract
CLEVENG~/MOYLES MOV~]D TO ADOPT RESOLUTION 2151.9. Passed 5-0.
Mayor Fanelli then proceeded to items following public hearings on the agenda.
VI. N~W BUSINESS
A. Discussion of Oral C~Lu~,unications, if any - None.
B. Written C~,m~Lunications frc~ the Public
#1 from W. Notz thanking Council and staff for Quito Road bike path - noted and
filed.
#2 frem above, supportj_ng Measure G and donating $25 on behalf of Sunland Park
Hcmecwners Association - gratefully accepted.
7-10/17/84
#3 from approximately 60 citizens requesting change in City Ordinance to allow
posting of Neighborhood Watch signs - Planning Commission has determined that such
signs are allowed as public interest signs.
#4 from M. W. Merhige objecting to appearance of lot - referred to staff.
#5 from W. Fistner requesting installation of street sign on Vineyard lane -
referred to staff.
#6 from P~ Harkhess objecting to a provision of ~seeend unit ordinance - to be
1 retained for considerat/on when second unit ordinance is reviewed.
i
C_ New Business from Staff, Administrative Reports not Scheduled
The draft of the next community newsletter was reviewed, end Councilmembers
~ ' suggested several changes end additions.
D. New Business frcm Councilmembers
Clevenger - reported that she would soon distribute a draft of the Hakone Foundation
agreement.
Moyles - reported on preparations for visit to Muko-Shi, Saratoga's Japanese sister
city; requested en allocation of $500 for reception in Japan at which Saratoga would
be the host.
CONSt~qSUS TO AIIDCATE $500 FOR R~de~fiON IN MUKO-SHI.
E. Action Referral log - Fanelli (Fixed Assets List)
VII.. ADJOURNMENT
The meeting was adjourned at 12:09 a.m. to 7:30 p.m. on October 23 in the Community
Center Meeting Room, 19655 Allendale Avenue.
Respectfully suk~titted,
II
Deputy C~ty Cler~