HomeMy WebLinkAbout01-16-1985 City Council Minutes TIME: Wednesday,. January 16, 1985 - 7:00 p.m.
PLACE: Civic Theater, 13777 Fruitvale Avenue
T~PE: Regular Meeting
A. ROLL CALL - Councilmembers Clevenger, Hlava, Moyles and Mayor Fanelli
present at 7:06. Councilmember Callon present at 7:30.
B. MIN73~q - 1/2
CLEVENGER/MOYLES MOV~ TO APPROVE MINUTES AS SUBM1TI'EU. Passed 4-0.
L Resolution Appointing Planning Comm~ ~sioners ar~] Finance Comm~ ttee M~mhers
cI.RVEN~R/HLAVA MOVED TO ADOPT RESOLUTION 2204. Passed 4-0.
2. ~m~nistratic~ of Oath of Offiee to Above
New commissioners B. Harris, de Carion, Rodriguez, and Weiss took the oath of
office, as did reappointed commissioners Hall and Peterson. (Clerk's note:
Reappointed Planning Commissioner McGoldrick was unable to attend the meeting and
had taken the oath at the Cle~rk's office earlier the sarm~ day. )
Joe Pruss, leader of Saratoga Cub Scout Pack #549, presented Mayor Fanelli with a
model race car kit end requested that Saratoga enter a regional Pinebox Derby
ccn~Detition to be held May 4.
III. ~
2. Approval of Warrant List
Councilmember Hlava inquired as to the $84,439 December payment on the Sheriff's
contract. City Manager stated that the payment was indeed for one month. It was
higher than usual, he said, and a rate structure more favorable to the City was to
be considered in the future.
HIAVA/MDYLES MOVED TO APPROVE CONSENT CALRNDAR. Passed 4-0.
A.' ADM]I~IWnv~A~IVE REPORTS
1. C~msiderati(~] of New Procedures for Processing Special Event Requests
Community Services Director explained proposed procedures. Councilmembers discussed
issues, including cost recovery, staff time, non-profit groups as opposed to profit-
making groups, insurance requirement, waiver of fees, and clean-up deposit. There
was consensus to return the procedures to staff for the following: revision of fees
to provide 80% cost recovery for staff costs; additional information on insurance
premiums so that non-profit groups would not be charged too much; possible reduction
of clean-up deposit to $250; possible waiver of fees for non-profit groups; possible
removal of provision for fee waiver at City Manager's discretion. Councilmember
Hlava commented that groups that normally participate should be notified well in
advance of the change in procedure.
2. Appointment to ~C~ Citizens/~]visory O.~ittee
Consensus to appoint Councilmember Clevenger to meet with HCD Coordinator and
Cc~mmLnity Services Director to interview applicants.
2-1/16/85
1. Public Safety C~dssi~m ~,ccezmlpl ~-~lments and Goal
Joe Long, chairman of the commission, summarized report. In answer to Councilmember
Hlava, he stated that the goals were not listed in priority order. Mayor Fa, nelli
complimented the commission on the report and thanked them for their efforts.
CIEENGER/CAILON MOVED TO RETAIN THE PUBLIC SAF~.'IY COMMISSION AND NOT ENFORCE THE
SUNSET CLAUSE OF THE RESOLUTION ESTABLISHING THE COMMISSION. Passed 5-0.
2. Oral Reports f~m~ C~mm~ ~sioners
No oral reports were given.
C. ORDINANCES A~D RESOLUTIONS
1. Amendment to Ze~ing Ordinance to Create a General Appeal Procedure for
the ~ltire Code, Shorten the Appeal Period from 15 to 10 Bays, and
Make ~dler Minor Clarifications and Modifications per Oral NS-3, Art.
18 (~.~d re~d~ng)
Mr. Toppel of the City Attorney's Office explained the changes made by the Cx)uncil
at the last meetings. noting that State law required noticing neighbors within 300'
on public hearings, while Saratoga had traditionally required 500' noticing.
Councilmember Callon stated that because many lots in Saratoga were so large, the.
500' radius should he retained. Otherwise, she said, noticing might extend only to
the few contiguous neighbors. Councilmembers discussed noticing and other
requirements fLLrther, then decided to recommence discussion of the ordinance at the
next meeting. Mr. Toppel stated that he would reword the ordinance to confoz~ to
the City's current practices.
The hour of 8:00 p.m. having been reached, Mayor Fanelli proceeded to public
hearings.
V. PURt,IC HEARINGS
~ App~ of ]~D~a] of Design Review and Tentative Subdivision Map
Applications (appellant/a~plicant, J. Teresi - A-M C~any) (SD 1582, A-1024)
Councilmember Callon immediately announced that she was stepping down from her seat
as a Councilmember and taking no part in the proceedings on this item because of a
potential conflict of interest.
Assistant Planner Flores explained the nature of the appeal. Mayor Fanelli noted
that since the area in guestion was zoned PC, the street and driveway areas would
not be deducted in density calculations. The public hearing was opened at 8:02.
Ken Riding rose to s]~_ak representing the appellant. He stated that the developers
had satisfied the homeowners' concerns as to number of units, access, placement of
single story units on Bucknail, and configuration of the intersection of Buc~all and
Paseo Cerro. Staff requests for further restrictions had been complied with, he
said, and the project met or exceeded all legal requirements. Mr. Riding felt the
project would meet housing needs of median income people, but he feared that if more
than 25% of the units were required to be single-story, the selling price be forced
above the median lew_~l. Mr. Riding and Assistant Planner then answered various
guestions on lot size, elevation of buildings above grade, and parking. No one else
appearing to speak, -the public hearing was closed at 8:25 p.m.
Mayor Fanel~i expressed concern about parking, stating that there should be one
guest parking place [er unit. Councilmember Clevenger stated that although she
liked the zero lot line concept, the project seemed too dense. The 5,000 sq~e
foot lots, she said, were originally conceived as sites for small units for se~lior
citizens, not large houses. Councilmember Moyles noted that the developer was in a
contradictory position; the General Plan had encouraged innovative development, but
the development was l~ing judged by traditional standards. Moreever, he said,
adjacent condominiems were a more intense development than tha~ proposed, and
neighbors had not objected' to the project. He felt the project was a quality
development which could serve the housing needs of the community. Councilmemker
Hlava stated that she had been concerned about parking and the size of the units on
the size of the lots. She felt it was an appropriate project, but that the
economics of the situation had dictated the building of units that were too large
3-1/16/85
for the lots. Mayor Fanelli felt the density and two-story buildings were not a
problem, but the proper number of parking spaces ought to be maintained.
Councilmember Moyles pointed out that the project would not set a precedent; since
no other zoning carried this General Plan designation, no other such applications
could be made.
Councilmembers stated that they wished to visit subdivisions similar to the project.
Mr. Riding suggested several projects in the area. Mayor Fanelli requested that Mr.
Riding bring possible adjustments in the parking plan to the next study session.
There was consensus to discuss the matter at the 1/22 study session. Councilmember
Callon returned to her seat as a Councilmember.
B. Public Input on Community Development Plan (FY 1985-88) for Projects to be
Funded with Housing and Cornral]llit'y Development Act Block Grant Moni~
HouSing and Community Development Director explained purpose of public hearing. In
answer to Councilmember Clevenger, he stated that the funds not used to improve Elva
were being proposed for alternative use. City Manager encouraged the Council to
think in terms of a three-year plan. In answer to other Councilmembers' questions,
HCD Director stated that a proposal such as downtown improvement need not be
particularly specific at this time; the main point was whether the proposal met the
qualifying tests for use of the funds. Some applications had been received, he
said, and would be presented to the Council in final form at the appropriate time.
He also stated that funds could be used for leasing real property.
The public hearing was opened at 8:55 p.m. An unidentified citizen asked whether it
was the appropriate time to speak concerning dogs in the parks. Mayor Fanelli
replied that the public hearing had no connection with that issue. No one further
appearing to speak, the public hearing was closed at 8:56 p.m.
Councilmember Clevenger suggested that some funds be used to make modifications to
the Village Library as suggested by the Valley Institute for Theater Arts.
Councilmember Callon asked about the definition of 'kDublic service" use of the
funds, and HCD Coordinator explained the wide range of applications of the term.
It was noted that the next public-hearing on the matter would take place February 6.
C. Amendment to Zon/ng Ordinance by ~ddition of Article 14A--~ree
Re~latio~s, and Rep~]ing the Existing Tree Ordinance (first reading).
Mr. Toppel of the City Attorney's Office explained proposed ordinance. Mayor
Fanelli noted that some types of trees were inappropriate near residences and
· suggested that they be excluded from the ordinance. Councilmembers discussed a time
limit on the decision to grant a permit and determined that a 30-day time limit
should be added to the ordinance. Councilmember Hlava felt that persons who remove
trees when they have been conditioned to retain them should be dealt with more
severely._ In answer to Councilmember Hlava concerning the City's liability in
requiring a tree to remain, City Manager and Mr. Toppel explained that the ordinance
followed current practice.
The public hearing was opened at 9:05 p.m. No one appearing to speak, it was closed
at 9:06 p.m.
CALLON/CT.RV~GER MOVED TO APPROVE THE NEGATIVE DECLARATION. Passed 5-0.
CLEVENGER/HIAVA MOV~I3 TO INTRODUCE THE ORDINANCE WITH THE ADDITION OF A 30-DAY TIME
LIMIT ON THE DECISION TO GRANT A PERMIT. Passed 5-0.
Mayor Fanelli recessed the meeting from 9:06 to 9:28 p.m. She then returned to
items preceding public hearings on the agenda.
2. Amendment to Chapter 1 of Saratoga City Code PertAining to Definitions
and Rules of Interpretation (second reading)
CLEVENGER/HLAVA MOV~ TO READ ORDINANCE 38.125 BY TITLE ONLY, WAIVING FURTHER
READING. Passed 4-0 (Moyles temporaril!2 absent).
HLAVA/CLEVENGER MOVED TO ADOPT ORDINANCE 38.125. Passed 4-0 (Moyles temporarily
absent ).
4-1/16/85
3. Amendment to Section 3-9.8 of Saratoga City Code, the Early Warning'
Fire Reporting Systen (second reading)
HLAVA/CALLON MOVED TO READ ORDINANCE 38.126 BY TITLE GNLY, WAIVING FURTHER READING
Passed 5-0.
.,CALLON/HLAVA MOVED TO A~DPT ORDINANCE 38.126. Passed 5-0.
4. Amendment 4x)Saratoga City Code Prohibiting ~Sale of Alcoholic'
Beverages -hn Gas Stations (first· reading)
City Manager. explained ordinance, noting that it would be possible to defer its
consideration until relevant l~wsuits had been decided. Mayor Fanelii brought up
the possibility of requiring gas stations without use permits to obtain them.
Councilmembers Callon and Moyles felt the issue was a land use issue, and the
ordinance would not regulate what it is intended to control. Mayor Fanelli
suggested that the ordinance proceed according to the normal code review process
through the Planning Conm]ission, and there was consensus for that suggestion.
Councilmember Hlava felt that it should be low on the Commission's priority list, as
the Cc~ssion had been asked to do several other projects of higher priority.
1. /~ward of Cnntract for Purchase of Truck
CALLON/HIAVA MOVED TO AWARD BID TO SOUTH BAY FORD TRUCK SALES IN THE AMOUNT OF
$18,348.41. Passed 5-0.
2. Renewal of City Attorney Contract
CLEVENGER/MOYLES MOVED TO ADOPT RESOLUTION 2205 RENEWING CITY A~'iDRNEY CONTRACT.
Passed 5-0.
Councilmembers ccrplimente~] Mr. Toppel on his fine work.
3. Renewal of ]'~-~e Agreements for Village L{hrary
· Community Services Director explained proposed two-year lease. In response to
Councilmember Callon, he stated that the main cost of the library was mainte~klnce.
Councilmember Clevenger suggested that the lease be renewed at the current rates for
one year and that the City make the improvements requested by the Valley Institute
for Theater Arts. She noted that Housing and Community Development funds could be
used for the improvements. Councilmembers also stated, in response to a letter frc, m
Mr. Swartz of VITA, that the reason that VITA was charged much higher rent than the
Friends of the Library was that the City must support the Library directly; the
amount of that suppert depended partly on the contribution to the Library from the
Friends of the Library, which would be decreased if their funds were used for rent.
ClarvTENG~/CALLON MOVED TO RENEW THE LEASE UNDER THE SAME TEFa4S FOR ONE YEAP. Passed
5-0.
Community Services Director assured Council that any hazardous cond/tions in the
Library would be taken car,_= of immediately.
Mayor Fanelli then proceed~.~] to items following public hearings on the agenda.
A. Dh~,~sicml of Orz~[1 O'.,.~unications,. if any - No discussion.
B. Written C~m~uani~[ti(~ls frUm the Public
#1 from N. Hoffman objecting to poor upkeep in certain Saratoga areas - referred to
staff. Councilmember Callon remarked that she had been contacted by Ms. Hoffman
in the past and had directed her concern to the staff. She expressed
embarrassment at the seeming inaction and stated that she had not been informed of
what had happened.
C New Business from Staff,/k]mi31istrative Reports not Scheduled - None.
5-1/16/85
D. ,~_': Business Frcm Councilu~mhers
Hlav~ - reported on Transportation Commission meeting.
Moyles - requested that street lights in Village be checked; suggested that the item
be returned periodically to the Action Referral Log. City Manager stated that they
could not be checked as often as usual because of a vacancy in the Community
Services Officer positiom
- suggested that the Council adopt commendation resolutions for Dick Drake,
~arbara Campbell, and Russell Crowther. Consensus to schedule resolutions for
February 6 agenda.
- reported on Traffic Authority.
Fanelli - suggested that Council adopt resolution for League of Women Voters on
February 6, to be presented at February 20 meeting.
- reported that staff would meet next week with Green Valley Disposal
Company representatives and their auditors.
Clevenger - requested that staff arrange site visits for Council to see developments
mentioned by Mr. Riding in connection with the Teresi appeal.
(See Moyles suggestion under New Business frem Councilmembers. )
VII.
The meeting was adjourned at 10:03 p.m. to a closed session on litigation in the
cases of Cocciardi and Hulse, then to a closed session on personnel on January 22.
Respectfully sutmlitted,
/
Grace E. Cory
Deputy City Clerk