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HomeMy WebLinkAbout11-07-1984 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIE: Wednesday, November 7, 1984 - 7:00 p.m. PLACE: Civic Theater, 13777 Fruitvale Avenue TYPE: Regular Meeting I. ORGANIZATION. ~_ ROLL CALL - Councilmembers Callon, Hlava and Moyles present at 7:07 p.m. Mayor Fanelli and Councilmember Clevenger absent. In the absence of the Mayor and Vice Mayor, the Deputy City Clerk presided. She ealled for nominations for Mayor Pro Tem. Councilmember Callon nomiDated Councilmember Hlava, and Councilmember Moyles seconded the nomination. No further nominations were made, and Councilmember Hlava was unanimously elected Mayor Pro Tem, 3-0. B. MINUTES - 10/17, 10/23 Mayor Pro Tem Hlava requested that the 10/23 minutes be amended to show that there was no support for residential use of the Owens property outside the immediate Quito neighborhood; Councilmember Moyles requested that an addition be made to the 10/23 minutes to indicate more clearly his response to the applicant's proposal for a project on the Owens proporty. CALLON/MOYLES MOVED TO APPROVE 10/17 MINUTES AS SUBMIT~'~U AND 10/23 MINUTES AS AM~I~Dt~). Passed 3-0. II. ORAL COMMUNICATIONS TOm Reddick, larchmont Dr., asked whether pablic input were allowed on the Neighborhood Watch item and the animal control ordinance. Mayor Pro Tem Hlava replied that the Council had already held a public hearing on the animal control ordinance, but that the public could speak on the Neighborhood Watch if they wished. Diane Siegel, 20290 Pierce Rd., stated that the City-owned property at the corner of Cox and Saratega-Sunnyvale was being utilized inappropriately for selling various items. She suggested the land might be better used as a park. Councilmember Callon agreed, noting that eeeasionally a truck sells merchandise on the lot.' Mayor Pro Tern Hlava reported that the Parks and Recreation Commission had determined that the area was not suitable for park use. III. CONSENT C~T,RND~R A. Denial of Claim - State Farm Fire and Casualty by Turner B. Denial of Claim - Miller by Miller C. Denial of Claim - Minty by Kelenius D. Denial of Claim - Settle by Saucedo R. Denial of Claim - Settle by Papa F. Denial of ~plieation to File late Claim - Schaffer by Pe~rose G. Resolution Reversing Planning Commission Decision (Owens Appeal, heard 10/23 ) RESOLUTION 2189 t~. Resolution Upholding Planning Commission Decision (Pacific Ceast Investments Appeal, heard 10/17 ) RESOLUTION 2190 I. Appropriations Resolution for Generator Purchase Approved 10/i? RESOLUTION 2151.10 2-11/7/84 J. Appropriations Resolution for Landscape Maintenance Reclassification Approved 10/17 RESOLUTION 2151.11 K. Acceptance and Acknowledgment of Donation for Hakone Gardens - Cashetta L. Resolution on Youth Appreciation Week RESOLUTION 2191 M. Final Building Site Approval, SDR 1568, Ferhatbegovich, Pierce Rd. N. Construction Acceptance and BOnd Reduction, ~iT. 6665, SDR 1426, Parnas, Pierce Rd. O. Approval of Training Agreement with Town of Los Gatos P. Approval of Warrant List MOYLES/CALLON MOVED TO APPROVE ENTIRE (DONSENT CALRNDAR. Passed 3-0. IV. SCHEDOv.Rn MA',u'~i~S ~. ADMINISTRATIVE REPORTS 1. Neighborhood Watch Program Community Services Director e~plained proposed program. Councilmembers discussed various aspects of the program, including whether there was a need for signs at the entrances of the City and methods of simplifying the process involved. Mayor Pro Tern Nlava noted that although the item was not a public hearing, the public would be permitted to speak. Tom Reddick spoke in favor of the Neighborhood Watch signs and commented on various aspects of law enforcement. Helen Vojvedich, 19353 Melinda Ct., spoke as the organizer of Prides Crossing support for the Neighborhood Watch program, encouraging the Council to approve it. After further discussion, there was consensus to approve the program with several changes: the program for each neighborhood would be reviewed by the Public Safety Commission rather than the City Council; the City Council would be provided with a running tally of neighborhoods entering the program; signs would be posted in the neighborhoods but not at the entrances to the City. CALLON/MOYLF. q MOVED TO APPROVE PROGRAM AS AMENDED AND ADOPT RESOLUTION 2151.12 APPROPRIATING FUNDS FOR PURCHASE OF 50 SIGNS. Passed 3-0. 2. Report on Changes in Hillside Development Proposed by County Associate Planner Flores explained proposed changes. There was consensus to direct staff to write to the County about Saratoga's concerns on the changes' possible environmental impact, but to leave it up to the County as to whether an Environmental Impact Report was necessary. 3. Report on Signal at Herriman Avenue and Saratoga-Sunnyvale Road - Community Development Director explained project, noting that the Public 'Safety Commission had reviewed the signal priority and recommended approval. As tO the required warrants, he believed that two had been met. In answer to Councilmember Moyles, he reported on the progress of the 'traffic signal at Blauer. ' In answer to Councilmember Callon, he stated that staff recommended the proposed signal. Cj~LTON/MOYY.R~ MOVED TO CONFIRM COUNCIL'S INTENTION TO PROC~:~:~ WITH THE PROJECT. Passed 3-0. Mayor Pro Tern Hlava asked that letters be sent to the Public Safety Commisslion and' the Saratoga High School PTSA informing them of the Council action because beth 3-11/7/84 groups had favored the signal. 4. Appeal of Administrative Denial of Tree Removal Permit Community Development Director explained appeal, noting that if the appeal were grunted, others in the neighborhood would attempt removal of similar trees, resulting in a major impact on the neighborhood. Kenneth Alviso rose to speak as the appellant. He stated that 13 residents in the neighborhood have already removed similar trees with no negative impact. He wished to do the same because the trees were breaking up the curbs and gutters, losing branches, and shading his yard to the extent that he could not grow a lawr~ He felt that the City, if it denied his appeal, might be liable for any damage caused by the trees. He also felt that pruning the roots and branches, as he had been advised to do by City staff, would not solve the problem permanently. He expressed a willingness to replace the trees with other trees acceptable to the City at his own cost, but he requested a refund of his appeal fee. Councilmember Callon stated that she had not seen the site, and the possibility of pestpehing the decision was discussed. It was decided that two votes were sufficient to decide the appeal, but that the issue of a tree removal policy for the entire neighborhood should be decided, possibly with input from the Homeowners ASsociation, after the end of the year. Councilmembers Moyles and Hlava agreed that Mr. Alviso should be permitted to remove the trees if if he removed the stumps and replaced them with trees acceptable to staff. They felt it inappropriate to refund the appeal fee, however, since that represented staff work on the appeal. MO~.~q/HIAVA MOV~D TO GRANT APPEAL. Passed 2-0-1 (Callon abstaining). In connection with the damaged curbs and gutters, Councilmember Moyles asked about HCDA funds to be used for that purpose. Housing and Community Developmeet Coordinator replied that $25,000 had been allocated for curb and gutter work in the Quito neighborhood. 5. Handicapped-Accessible Restroan Facilities in Civic Theater Housing und Community Development Coordinator explained project. Councilmember Moyles inquired as to the funding source, and HCD Coordinator reported that the funds were left over from a storm drain project in the Quito area. CONSENSUS TO APPROVE PROJECT AS PRESENTED IN OPTION B. HCD Coordinator stated that un appropriations resolution for the funds would be presented at a later Council meeting. 6. September Volunteer Center Report - for information only. Since the hour of 8:00 p.m. had arrived, Mayor Pro Tem Hlava proceeding to public hearings on the agenda. V. PUBLIC HFARINGS A. Amendments to Non-Loitering Ordinance (first reading) City Manager emplained ordinance, and Mr. Toppel of the City Attorney's office reviewed deletion that had been made at Council's request. The public hearing was opened at 8:38 p.m. No one appearing to speak, it was closed at 8:39 p.m. MOYI.P-q/CALLON MOVED TO INTRODUCE NON-LOIT~/~ING ORDINANCE. Passed 3-0. B. Consideration of Change in General Plan Land Use Designation of a' 6.87 Acre Parcel at 15480 Peach Hill Rd. from Residential-Very Low Density Single Family to Hillside Conservation Single Family and Rezoning of ~ Parcel from R-1-40,000 to HC-RD. A negative Declaration has been prepared which indicates that this project will not have a significant effect on ~ the environment.) (Applicant, J. Kennedy) (GPA-84-1, C-210) Community Development Director explained proposal. The public hearing was opened at 4-11/7/84 8:42 p.m. No one appearing to speak, it was closed at 8:43 p.m. Councilmember Callon noted that the change had been recommended unanimously by the Planning Odl~ssion. CALIDN/MOYI.F-q MOVED TO APPROVE NEGATIVE DECLARATION. Passed 3-0. CALLON/MOYLF-q MOVED TO APPROVE RESOLUTION 2192 APPROVING G~qERAL PLAN AMENDMENT. Passed 3-0.' MOYY.F-q/CALLON MOVED TO INTRODUCE ORDINANCE AMENDING THE ZONING MAP. Passed 3-0. Appeal of Approval of Second-Story Expansion to Existing Two-Story Residence at 12126 Via Roncole (Appellant, A. Tam; Applicant, C. Smedley) (A-1010) Community Development Director explained appeal, noting that staff had believed that landscaping would screen 9dequately the window in question. He pointed out the relevant details on a plan. The public hearing was opened at 8:47 p.m. Mr. Tam rose to speak as the appellant, stating that he had not spoken at tba Planning Commission public hearing because he had misunderstood the procedures. He stated that Mr. Smedley's proposed window looked into a series of his windows rather than one window as implied in the staff report. Moreover, he said, the room into which the window looked was a recreation room which required privacy rather than an ordinary basement. In answer to Mr. Smedley's letter, he said that the sun's reflection would not always impede the view into the room. He believed that a shrub planted to screen the view might not be a permanent solution. Mr. Tam also was of the opinion that Mr. Smedley did not re, mire the window to provide sufficient light. In answer to Councilmember Callon, Mr. Tam explained further the relative location of the two windows. Mr. Smedley then rose to speak as the applicant, saying that he had discussed deleting the window with his architect, who had stated that the window was needeeL He submitted photographs of the site and noted that other houses in the neighborhood had windows looking down into neighbors' side windows. In response to Councilmember Callon, who was interested in raising the window to change the viewing angle, he estimated that the window was 3'6" above the floor. Councilmember Moyles commented that it was probably already placed as high as was practical. A member of the audience spoke as a neighbor across the street. He stated that his home's floor plan was the same as Mr. Tam's, end he had dealt with the problem of a neighbor's window looking into his with curtains. He favored neighborly tolerance as a means of solving problems. No one further appearing to speak, the public hearing was closed at 9:00 p.m. Councilmembers discussed the appeal and determined that Mr. Tam's privacy problem could be solved with landscaping. MOi~.F-q/C~LION MOVED TO DENY APPEAL ON THE CONDITION THAT AN EVERGRF~N SHRUB BE PLANTIn TO REPLACE THE ROSE BUSH WITH THE APPROVAL OF STAFF. Passed 3-0. Mayor Pro Tern Hlava then returned to items preceding public hearings on the agenda. IV. SCHEDULED MATI'k~S ( continued ) B. REPORTS FROM CO~4ISSIONS AND CODe4ITI'EES 1. Historical Overlay District and Design Guidelines for Village Sharon Landsness spoke as Chairperson of the Historic Preservation Commission. She requested Council support for a historic overlay zone in the Village and adjacent residential neighborhood, and she asked that the Council consider adopting a historical building cede to encourage cooperation from property owners. She also felt the Commission needed design guidelines drawn up by an architect so that new construction could be required to be compatible with existing Saratoga village styles. She believed that the proposed resolution forming a Task Force on Village problems would help accc~plish the desired geal. s. Seonaid McArthur than spoke as another member of the Commission, saying that the Commission needed the Council's conceptual approval of a Village overlay before 5-11/7/84 proceeding with the exte~nsive work which would be required for the project. Upon repeated disruption of the proceedings by a member of the audience, Mr. Toppel noted that such disruptions could result in a finding of contempt of Council and forcible removal of the individual frcm the Council chambers if necessary. Councilmember Moy%es noted that the Commission's thinking dovetailed with Mayor Fanelli's resolution forming a Task Force on Village Problems. He suggested that the Commission defer its efforts until the Task Force report was available. Councilmembers discussed relationship between the Planning Commission, the Heritage Preservation Commission, and the proposed Task Force. It was decided that, until oc~pletion of the Village Master Plan, the Task Force would review Village projects for the Planning Cu~utH ssion, while the Heritage Preservation Conmission's interests would be handled by their representative on the Task Force. CALLON/MOYLES MOVED TO ADOPT RESOLUTION 2193 FORMING TASK FORCE ON VILLAGE PROBLEMS. Passed 3-0. 2. Oral Reports from Cc~mmissioners - None. Mayor Pro Tem Hlava, noting that a memo had been r~ceived from the Chairperson of the Library Commission concerning Sunday hours for the Community Library, stated that the matter would be considered at the time of budget hearings. C. ORDINANCES AND RESOLUTIONS 1. Amendments to Animal Control Ordinance (second reading) MOYLES/HLAVA MOVED TO READ ORDINANCE 38.122 BY TITLE ONLY, ~IVING FURTHER READING. Passed 3-0. MOYLES/HIAVA MOVED TO ADOPT ORDINANCE 38.122. Passed 2-1 (Callon opposed). A member of the audience rose to speak and was informed that a noticed public hearing on the issue had been held at the last meeting, which would have been the appropriate time to make a statement. Because of continued disruption of the meeting by the individual, the meeting was recessed from 9:25 to 9:40 p.m. 2. Amendments to Ordinances Regulating Public Dances and Dance Halls ( second reading ) MOYLES/CALLON MOVtD TO READ ORDINANCE 38,123 BY TITLE ONLY, WAIVING FURTHER READING. Passed 3-0. MOYLF-q/CALLON MOVED TO ADOPT ORDINANCE 38.123. Passed 3-0. 3. Resolution Forming Task Force on Village Problems (Clerk' s Note: This item was dealt with under Item IV.B. ) 4. Resolution Declaring Weeds Growing on Certain Described Property to be a Public Nuisance Deputy City Clerk described procedures and submitted list of owners of properties requiring abatement. She noted that the owners would have an opportunity to express any objections at a public hearing to be held 12/5 under the provisions of the proposed Resolution 2194. CALIDN/MOYLES MOVED TO ADOPT RESOLUTION 2194. Passed 3-0. 5. Resolution Abandoning Offer of Dedication for Public Right-of-Way of Quito Rd. (SDR 1327) CAIJ3DN/MO~7.F.q MOVIe) TO ADOPT RESOLUTION 2195. Passed 3-0. D. BIDS AND CONTRACTS 6-11/7/84 1. Approval of Additional Paving in Connection with O'Grady Contract CALT~N/MOYLES MOVtD TO APPROVE EXTBNSION OF CONTRACT PER STAFF RECOMMENDATION. Passed 3-0. VI. NEW BUSINESS~ A. Discussion of Oral Communications, if any - None. B. Written Cul~,~nications from the Public #1 from Rich Vallone of Parks and Recreation Commission, thanking Council for support on Congress Springs Park Master Plan - noted and filed. C. New BUsiness from Staff, Administrative Reports not Scheduled MOYT.P-q/HLAVA MOVED TO DESIGNATE COUNCILMEMBER CALLON AS SD#4 BOARD MEMBER FOR NOVEMBER IN THE ABSENCE OF THE MAYOR AND VICE MAYOR. Passed 3-0. D. New Business frcm Councilmembers Fanelli - Review of General Plan Designation and ZorLing of Property Across from Cox and Saratoga Development MOYI,F.q/HIAVA MOV~ ~0 DIRECT PLANNING COMMISSION TO COMMENCE INVESTIGATION AS OUTLINED IN FANF~,LI MEMO DAT~U 11/7. Passed 3-0. Councilmember Callon noted that Co1. Barco and Councilmember Moyles should both be thanked for their efforts on behalf of the Saratoga Street Ta3~ Councilmember Moyles commented that the vote reflected a mandate that the issue should be pursued; he suggested that alternatives be discussed soon. There was consensus to agendize the matter for the 11/27 meeting. Mayor Pro Tem Hlava commented on the high quality of the latest community newsletter and requested that the next include information on the various methods of street repair. She also mentioned that she had received a phone call complaining of cars on the Fredericksburg walkway; she believe~ the problem would be solved by recently- installed bollards. She hoped that would discourage burglaries, since two recent burglaries had taken place in the neighborhood. Councilmember Callon reported that her nearby home had also been burglarized and requested increased attention to the problem by the Sheriff. Mayor Pro Tern Hlava then brought up a memorandum from the City 'Manager concerning Mayor Fanelli's suggestion to close City offices on Christmas Eve and New Year's Eve, which fall on Mondays this season. It was noted that the public was likely to require very little service on those days. CALLON/~4OYIES MOV]~D TO CLOSE CITY' OFFIc~-q 12/24 AND 12/31. Passed 3-0. E. Action Referral Log Moyles - requested check on Masek situation in late winter or early spring. VII. ADJOURNMENT The meeting was adjourned at 10:02 p.m. to 7:30 p.m. on 11/27 in order to declare the results of the 11/6 election concerning Saratoga's Measure G. Respectfully sUk~Litted, Grace E. Cory Deputy City Clerk