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Home My WebLink About12-19-1984 City Council Minutes TI/~E: Wednesday, December 19, 1984 - 7:00 p.m. PIAEE: Civic Theater, 13777 Fruitva/e Avenue TYPE: Re~l~r Meeting I. ORGANIZATION ~_ROLL CALL - Councilmembers Clevenger, Hlava, Moyles and Mayor Fanelli present at 7:04 p.m. Councilmember Callon present at 7:13 p.m. B. M]~N3TES- 12/5 Councilmember Hlava inquired as to the accuracy of the minutes in connection with the position of the City Manager's Secretary; City Manager recapitulated Council actions, which were apparently consistent with the minutes. HLAVA/MOYLES MOVED TO APPROVE MINUTES AS SUBMITTED. Passed 4-0. II. ORAL COMMUNICATIONS No one appeared to speak. III. CONSENT CAT.~ Final Building Site Approval, SDR 1571, P, James III, Saratoga-Los Gatos Rd. (2 lots) ResolUtic~ Upholding Administrative Decision of Community Development Director (Boisseranc appeal, heard 12/5) RESOIJ/I~ON 2201 C_ Resolution Upholding Decision of the Planning Commission (DeVos appeal, b~rd 12/5 ) RESOI/JTION 2202 D. Resolutien Amending Conditions of Approval of Owens RESOLUTION 2189.1 F~ Request for Defermerit of Proposed Trail Improvements on F. Approval of Warrant List Councilmember Hlava requested the removal of the Warrm~t List from.the Consent Calendar. MOYT.F-q/HLAVA MOVtD APPROVAL OF ITEMS A-E. Passed 4-0. Councilmember Hlava questioned the payment of an item designated for the Village Library on .the Warrant List, and the City Manager explained tt~t the payment should have been designated for the CuluiL~nity Library. HIAVA/CLEVE~GER MOVED APPROVAL OF IT~4 F. Passed 4-0. A. ADMINIS~%~TIVE REPORTS 1. Volunteer Center Anm~] l~eport Volunteer Center Coordinator summarized report, and Mayor Fanelli expressed thanks for her efforts and those of the volunteers. 2. Reports on C~,,~ssioner Attendance ~yor Fanelli stated that she would contact Louise Schaefer of thei-Planning Commission, who appeared to be the only commissioner whose absences might be considered excessive. 2-12/19/84 3. Review of and Authorizatic~ to Execute Trust Agreement; consider appoin~nw~nt of interim trustees for Hakene Foundation City ~L~nager reviewed agreement, and Mr. Top[el of the City Attorney's Office not~ that a new first page had been distributed to the Council Mayor Fanelli explained for the benefit of the audience that the Council had discussed the tru.st agreemen~ extensively over a long period of time. MOYI.F-q/HLAVA MOVED TO APPROVE TRUST AGREII~ENT. Passed 5-0. CLEVENGER/MOYLES MOVED TO APPOINT HENRY YAMATE AND WILLIAM GLENNON AS TRUST~:~:q TO THE HAKONE FOUNDATION. Passed 5-0. 4. Review and Approval in Cono~uL of l~ase Agreement for Hakone Park to the Hakxme Foundation CONSENSUS TO APPROVE LEASE AGREtlMENT IN CONCEF~. B. REPOI~rS ~ ~SSIONS AND 1. Oral Reports frcm Oa,mHssicelers Robert ~lford reported on activities of the Public Safety Cu~,,~ssion. C. ORD~ ~ RESOLUTIONS 1. Resolution Adjusting Fees for Civic Theater Community Services Director and Community Center 'Director reported on proposed fee increase. Ed Hand spoke as President of the West Valley Light Opera, requesting that the fee increase be deferred until September 1 so that the increase could be passed on in their ticket prices. Community Center Director answered Councilmembers' questions concerning theater groups' scheduling, and various alternatives were discussed. CALLON/MOYLES MOVED TO ADOPT RESOLUTION 780.26 RAISING Fknlg FOR CMC THEATkR<, WITH THE ~'FhCTIVE DATE TO BE SEPT~}4BER 1, 1985. Passed 5-0. 2. Resolution Ad~m~cing Fee for Hakc~e Gardens Maintenance Director explained proposed increase, and Councilmembers discussed possibilities for simplifying fee schedule. It was pointed out that the fee is charged only for use during hours when the Gardens are normally closed. HIAVA/MOYLES MOVED TO ADOPT RESOLUTION 780.27 INCREASING F~:~:q FOR HAKONE GARDENS WITH FIRST THREE ITEMS DEI,P:I'ED SO THAT A FlAT FEE OF $300 WILL BE CHARGED FOR THE FIRST THREE HOURS OF USF~ Passed 5-0. D. BIDS AE~) CE~qTRACTS - None. Since the: hour of 8:00 p.m. had not yet arrived, Mayor Fanelli proceeded to items following public hearings on the agenda. A. Discussice of Oral C~a~mmications, if any - None. B. Written C~m~nications fren the Public #1 from Mrs. V. Campbell objecting to dog problems - referred to County Animal Control. #2 from C. Robbins explaining position of Good Government Group on Pavement Management Program - for information only. #3 from J. Lathuras requesting continuance in connection wil illegal accessory structure - referred to City Attorney's Office. #4 frown D. Eagleston objecting to dance hall in Village - noted and filed. #5' from D. Eagleston suggesting ordinance preventing sale of alcoholic beverages frc~n gas stations - referred to Planning Cc~mission. #6 from D. Eagleston withdrawing application for Planning Commission - noted andf [lei 3-12/19/84 ~7 from D. Gartman recommending further use of street reflector buttons - referred to s~aff for reply. #8 from M. Rankin objecting to San Jose sign within Saratoga city limits - referred to staff with direction to request removal or relocation of sign. Councilmember Callon suggested that ~yor Fanelli write the Mayor of San Jose about the problem. #9 from G. Deukmejian requesting nominations for 1984 Young American Medals for Bravery and Service - noted and filed. C. New Business frcm S~aff,/~ministrative Reports n~t Scheduled - None. D. New Business frcm Counc~ Hlava - reported that problem with Workers Compensation in connection with Transit Assist had been resolved. Moyles - reported that nothing of substance had taken place since his last report on the Traffic Authority. Fanelli - reported that Supervisor Lofgren had requested that representatives to a Policy Advisory Board for the Traffic Authority be appointed. Councilmember Clevenger volunteered to take on that responsibility. Clevenger - requested that staff follow up to make sure that the IGC secretary was informed that Saratoga had indeed adopted a hazardous materials ordinance. ~Llava - inquired as to status of Masek application, and Mr. Toppet of the City Attorney's Office stated that the project had been approved. Fanelli - reported on annual employees' Christmas luncheon, at which she had presented the employees with coupons to be used for turkeys. E. Actic~ Referral Log - No cc~ments. Since the hour of 8:00 p.m. had arrived, Mayor Fanelli returned to public hearings on the agenda. V. i:~d~T.TC Since the two public hearings were on closely related subjects, there was consensus to hold the public hearings simultaneously. Conforming Structures (C-211) (first n~ading) B. Text Amendments to the Zc~/ng Ordinance Concerning Height M~urement, - Office Parking and Public ~rir~3 Design Review (C-212) (first r~a~ng) Mr. Toppol of the City Attorney's Office briefly reviewed the ordinances, particularly the increases the Planning Commission had made in front yard setbacks, which he felt might be a problem in hillside areas, and special provisions for Pierce Rood and Mt. Eden Road. Councilmember Hlava expressed concern that increased setback requirements. would present difficulties in siting in the hillsides. She felt the critical factors were good siting On geologically stable ground and the minimizing of grading. Councilmember Callon discussed the difficulty of designating setbacks as rear, front, or side yard in certain situations. Mr. Toppel stated that the ordinance did not designate the type of setback clearly, and Councilmember Callon expressed the intention of bringing the problem to the attention of the Joint Cede Review Committee. The public hearing on both Item A and Item B was opened at 8:05 p.m. No one appearing to speak, it was closed at 8:06 p.m. Councilmembers discussed issues. In answer to Mayor Fanelli, Community Development Director stated that the Planning Commission had voted to increase setbacks to give a feeling of more openness. She then suggested that that vote might have been a response to recent applications for large, bulky houses. Councilmember Callon stated that the increased setback requirements would probably result in more variance applications; she preferred the shorter setbacks recommended by staff- Mr. Toppel stated that in the hillsides 4-12/19/84 each lot goes through site approval and that setbacks are considered at that time In answer to Councilmember Callon, Mr. Toppel said that the proposed ordinance requires 75-foot setbacks from arterial or collector streets. This was done, he said, before the approval of such developments as Parker Ranch. With the site approval and design review process, he felt that further setback requirements were setbacks would apply to legal lots of record if they were adjacent ector. In answe~ to Councilmember Clevenger, Community Development Director stated that the Planning Commission may have recommended increased setbacks to lessen impact on ridge lihes. Mr. Toppel pointed out that some homes have been built under the terms o.f negot. iated settlements, which exempts them from the need to be sited below the ~/~N MOV~I) TO APPROVE THE NEGATIVE DECLARATION FOR TEXT AMENDMENTS TO THE ZONING ORDINANCE CONCERNING SETBACKS AND NON-CONFORMING STRUCTORES (C-211). Passed 5-0. CALLON/HLAVA MOVED TO INTRODUCE THE ORDINANCE AMENDING 'THE ZONING ORDINANCE WITH RESPECT TO SETBACKS IN RESIDENTIAL ZONING DISTRICTS ~ V~/U3~NCES FOR LEGALLY CREATED NON-CONFORMING STRUCTURES WITH AMENDMENTS SUCH THAT THE NHR AND HCRD DISTRICTS WOULD HAVE 30-F00T SETBACKS AND SPECIAL SETBACKS ARE NOT REQUIRED ON Ck~I/~_IN ARTEFJALS. Passed 5-0. " HLAVA/CALDDN MOVED TO APPROVE THE NEGATIVE DECLARATION FOR TEXT AMENDMENTS TO THE ZONING ORDINANCE CONCERNING HEIGHT bIEASUREMENT, OFFICE PARKING AND PUBLIC HEARING DESIGN REVIEW (C-212). Passed 5-0. CALLON/H~VA MOVED TO INTRODUCE AN ORDINANCE AMENDING THE ZONING ORDINANCE BY · INCREASING NUMBER OF PARKING SPACES REQUIRED FOR CERTAIN OFFICE USES AND REQUIRING . PUBLIC HEARINGS FOR COMMERCIAL, PROFESSIONAL ADMINISTRATIVE, INDUSTRIAL AND MULTI FAMILY STRUCTURES AND REVISING THE METHOD FOR HEIGHT MEASUREMENT. Passed 5-0. Councilmember Clevenger stated that she would speak to the Planning Commissioners individually about the changes in setbacks made by Council. VII. ~i~~' The meeting was adjourned at 8:23 p.m. Respectfully submitted, Grace E. Cory Deputy City Clark