Loading...
HomeMy WebLinkAbout02-06-1985 City Council Minutes TIME: Wednesday, February 6, 1985 - 7:00 p.m PLACE: Civic Theater, 13777 Fruitvale Avenue TYPE: Regular Meeting L ORGANIZATI~ A. ~0LL CALL -- Councilmembers Callon, Clevenger, Hlava, Moyles and Mayor Fanelli present at 7:06 p.m. B. M]~F3~F~- 1/16 Councilmember Hlava requested that the minutes be corrected to show that her statement on p. 1 concerning special event requests was that groups should be notified in advance of change in procedures; Mayor Fanelli noted that on p. 2 the goals of the Public Safety Cc~mission were not listed in priority order. MOYI.F-q/HLAVA MOVED TO ADOPT THE MINUTES AS AMENDED. Passed 5-0. ADOPTI~ ~ ~(~N OF RESOLUTIONS 2206, 2207, ~ 2208 COMM~)]I~G RIChArD ~HLAVA MOV~]~ TO ADOPT RESOLUTIONS 2206, 2207 AND 2208. Passed 5-0. Mayor Fanelli presented the resolutions to Richard Drake and Barbara Campbell, noting that Russell Crowther was unable to attend the meeting. DOn Eagleston, President of the Saratoga Village Association, submitted a letter requesting permission for the Blossom Festival May 12, which would involve closing Ithrough normal procedures, but they supported the idea, providing safety standards of Big Basin Way. Councilmembers noted that the request should be handled by staff were met. Dave Smith, Quito Road., reported on ~e planting of trees and shrubbery by staff in accordance with a request previously made by him. He expressed his satisfaction with the work and his appreciation, particularly for the cooporation of Erman DOrsey. Douglas Sporleder, Chief of the Central Fire District, submitted a letter concerning imposition of a user fee on the Fremont Union High School District Site for construction of a fire statiom Councilmembers discussed the various facts they would need to know before making such a decision and decided to agendize the matter for the next available study session. III. CDNS~E C~T~3~DAR A. C(~sent Caler~ -,~]~-~ 1. Taylor (by I~derback) CALLON/HIAVA MOVED TO DENY THE CLAIM. Passed 5-0. CE~sent Calendar - Other Items 1. Resoluti~ Concerning League of Weeen Voters ' RESOLUTIO~ 2209 2. Cx~]iticeal Final Building Site Appr~, Tr. 7655, B~ookview Shool Site, Radoyka Dr. (36 lots) 3. Approval of Warrant List Mayor Fanelli asked whether computer expenditures might artificially inflate next year's budget. City Manager replied that the expenditures had been made from fixed asset accounts, which were not on-going accounts frc~ year to year. HLAVA/CALLON MOV~ TO APPROVE CONSENT C~LRNDAR - OTHER ITEMS. Passed 5-0. 2-2/6/85 A. ADMINIb-L%~a~'VE REPORTS 1. Appeal of Interpretation of Conditifms of Teltative Map Approval for Teerli~ Ranch, Tr. 6781 COmmunity Developmet Director explained issues, including the fact that one reason for charging the proposed fees was to recoup costs for staff time expended ow.~r a period of years on tJ~e project. Mr. Toppel of the City Attorney's Office explained legal issues, noting that it would not be inconsistent to include the propos~] fire station land in density calculations. He also stated that generally no constamction is allowed on open space easements; an example he had cited earlier conerning such construction had bell found to be a unique situation applicable only to that lot. Heber Teerlink rose to introduce the appellants and point out various locations on photographs of the site. Alan lambert spoke. as the appellant_ He reviewed the ownership of the property to clarify that the ownership had in fact changed since Mr. Teerlink had owned the land. He than discussed the points made in his ap[~al letter dated January 30, including objections to the requirements for undergrounding of utilities, a culvert, certain fees, the open space easement, and curbs and gutters. Jeffrey Lea, the engineer for the project, then reviewed the street widening requirements, stating that the applicant was being required to do more than the Parnas and Gaspar developers. COmmunity Development Director noted that staff would not insist on 26' width of Pierce if that entailed removal of trees; he also noted that Measure A called for no major widening of Pie~ea Road. Councilmembers discussed issues with staff and| appellants and reached consensus on the following items: widen the read in a uniform and reasonable manner in which extra retaining walls and guard reails will not be required unless needed for safety's sake; retain the requirement for o[~n space easement, sinc~ the developer could obtain a site modification later if that were desired; reduce! charges for cost of culvert to $4500, since the extra costs had been due to its construction under emergency circumstances (Mr. Lambert stated he would put the project out to bid and pay the bid cost); not to require the developer to pay fees in connection with prior plan checks, since the plan checks did not involve the current developer; not to charge the developer for engineering and plan check fees for the widening of the bridge, since the City was requiring that work to be done; not to require the proposed indemnification, since the City did not have the powe~ to do so; to retain the Commission's requirements on c~rbs and gutters on Mt. Eden Rd., with the developer working with staff to ensure that road does not interfere with the trees. As to the question of undergrounding, COuncilmember Moyles felt that without a consistent policy on the matter, a strict standard should not he applied. He felt the safety issues to be more~ important. CLEVEN~HIAVA MOVED TO UPHOLD THE PLANNING COMMISSION ON UNDERG~OUNDING REQUIREMENTS. Passed 4-1 (Moyles opposed). (Clerk's note: See later motion reconsidering this motion.) City Manager asked whether it were COuncil's intent to charge normal storm drainage fees, 'and Mayor Fanelli replied that normal fees should be applied. At Mr. Teerlink's request, Mayor Fanelli recessed the meeting from 9:34 to 9:51 p.m. CI.RVEN~HLAVA MOV]I~ TO RECONSIDER THE PREVIOUS MOTION. Passed 4-1 .(Callon opposed) .... CLEVE~ER/HLAVA MOVED TO REQUIRE UNDERGROUNDING UTILITIES ON MT. EDEN RD., REQUIRING ONE POLE ON PIERCE ROAD TO BE MOVED ACROSS THE STREET, AND REQUIRING A Dk~'bRtRED IMPROVEMtlqT AGRF.~.MEN%F FOR THE OTHER TWO POLES ON PIERCE ROAD. Passed 4-1 (Callon opposed ). COuncilmember Hlava felt the deferred improvement agreement to be practical because it was not known what. would happen with Pierce Road. COuncilmember Callon stated that she opposed the motion because Council policy is undergrounding utilities;, and an assessment district cannot be formed. Mayor Fanelli stated she would agree if there were going to be more development, but no more would occur on Pierce. · 3-2/6/85 Mr. Teerlink requested clarification of the undergrounding requirement. Mayor Fanelli stated that it was Council's intention to have undergrounding along Mr. Teerlink's frontage, and that if discussions with the staff did not clarify the matter sufficiently, the appellant could return to the Council. Mr. Teerlink then brodght up the matter of the parcel for the firehouse, saying he had withdrawn the offer of dedication. Mr. Toppel of the City Attorney's Office stated that the offer had not been withdrawn, since it was part of the tentative map approval. After further discussion, Mayor Fanelli suggested that the issue of the firehouse be resolved, along with final disposition of the tentative map, at a later meeting. There was consensus to discuss the matter at the 2/20 regular meeting. FANRT.T.T/HIAVA MOVe3 TO APPROVE ITEMS AS PREVIOUSLY STAT~jO. Passed 5-0. Sinbe the hour of 8:00 p.m. had come and gone, Mayor Fanelli proceeded to public hearings on the agenda. V. i~BqT.IC [Ui~RINGS A. Proposed Cnmmunity Development Plan for Projects to be funded with Housing and Gainunity Develu[~ent Act (HCDA) Block Grant FEnies Community Services Director reviewed purpose of hearing. Mayor Fanelli suggested that public input be taken tonight and decisions deferred until a later meeting. The public hearing was opened at 10:20 p.m. Dorothy Diekman, Los Gatos-Saratoga High School District, rose to speak on behalf of Saratoga High School's accessibility program. She stated that funds would be used to improve accessibility for the community at large. In answer to Councilmember Moyles, she stated that the funds allocated last year had not yet been spent, because the project was still in the planning stage. Peggy Corr spoke as Vice President of the Saratoga Area Senior Coordinating Council; she supported their request for funds. In answer to Councilmember Moyles, she stated that the Council provided $20,000 last year to SASCC. In discussing other funding requests, Councilmember Callon expressed doubt that it would cost $60,000 to install restrooms in two parks; she desired further documentation. As to the curb and 'gutter project in the Quito area, she wished to know how much it woul~ cost to put the pr6ject out to bid rather than paying for the equipment and personnel necessary to do the job. She also was interested in more creative use of funds in the Village. Councilmember Clevenger expressed interest in having more projects from which to choose; she thought the funds might be placed in the Saratoga Housing Assistance Rehabilitation Program if better projects were not forthcoming--such as use on a school site. She also warned that the funds might not be available in the future. The public hearing was continued at 10:36 p.m. to February 20. B. "Public I~ring en App~ls for SDR 1585, A-905, V-680, LL-6: Mayor Fanelli stepped down because of a possible conflict of interest and took no part in the proceedings. Mayor Pro Tem Clevenger presided. 1. ApF,~] of decision on request for lot line adjustment, building site and design review approvals to construct a one-story single f~m~ ly residence on lot behind 19605 Glen Una Dr. and variance for 24', 15', and 35' r~r _yard setbacks for an existing garage, cabaria and arbor, · ' respectively, where 60' is re~,~red and a 17' and 10' side yard setback for the existing cabaim and g~rage where 20' is rec~red at 19605 Glen Una Dr. in the R-1-40,000 zoning district (Appellant, D. Morrisel; applicants, ~ and ~L Lorincz) (SDR 1585, A-905, V-680, LL-6) 2. App~l of denial of variance for above existing cabarm (Appellant/applicant, ~ and ~ Lorincz) C~-680) Community Development Director explained appeals. The public hearing was opened at 10:46 p.m. Mr. Toppel of the City Attorney's Office explained that the Council had 4-2/6/85 the choice of which to consider the rear yard and which to consider the~ side yard in a flag lot such as the subject property. Dave Morrison, 19590 Juna lane, rose to speak as the appellant against the approvals. He beliew_~ the proposal was a bad project of special benefit to the owner. It would reduce his privacy, he said~;' and the owner ha.d the alternative of moving the proposed house, which would remove the necessity for variances or a lot line adjustment. Mr. Lorincz, 19605 Glen Una, rose to speak as the applicant and the appellant of the denial qf variance. He stated that Mr. Morrison's petition was fallacious because the signers thought tJ~e property was being divided rather than the lot line adjusted. He did not intend to replace his resideace with a significantly larger structure, he said. Councilmember Callon noted that there was a discrepancy h~ floor area as reports] by staff and by the applicant. Staff discussed pessible causes for the discrepancy. Steve Foss, 19630 Jur~[ Lane, stated that the character of the area was rural; to retain open space, he felt that the proposed house should be moved closer to the existing house. Maurice Hieman, 19565 Glen Una Dr., felt that the cabana did not interfere with the neighbors and that the! owners should not be deprived of the use of their property. Terry Simchek, enginee~ for the 'project, stated that the Planning Cammission had recently approved a project similar to the one proposed, so the Lorincz project would not set a precedent. He opposed moving the house forward because the space was needed for other necessary items, such as a septic tank, and it would then encroach on the side yard setbacks. Charles Thompson spoke in suppert of the Lorincz appeal, saying the character of the area would not be affected by the project. Betty Thompson, speaking in favor of the Lorincz appeal, stated that Mr. Morrison had once tried to do the same thing the Lorinczes were attempting to do. Ann and Albert Lorincz' then rose to express their support of the cabana. They felt it did not bether the adjacent neighbors. In answer to Councilmember Callon, they stated that the cabana could not be moved. The public hearing was closed at 1]:18 p.m. ... Councilmembers discussed issues. There was consensus that the rear yard setback should be 60' because it was in fact a rear yard rather than a side yard; the finding concerning gr~ult of common privilege could not be made; the findings for the variance and lot line adjustment could be made. Mr. Toppel of the City Attorney's office, in answer to ODuncilmember Callon, stated that the applicant would not have to implement the lot line adjustment if they wish to re-site the house. CALLON/MOYLES MOVED TO GRANT APPEAL OF DESIGN REVIEW APPROVAL BECAUSE OF THE PEIVACY ISSUE AND DENY APPEAL OF VARIANCE AND LOT LINE ADJUSTMENT APPROVAI~ Passed 4-0. CALIDN/MOYLES MOVED TO D)XiY APPEAL OF DEINIAL OF VARIANCE FOR CABANA BECAUSE FINI)ING #3 CONCERNING COMMON PRIVILEGE COULD NOT BE MADF~ Passed 4-0. Mayor Fanelli returned to her seat and presided as Mayor over the remainder of the meeting. C. Amendment to Secti~ 4-l l~ of Saratoga City Code Pertaining to Revocatic~ of Business I.~cemses ' Mayor Fanelli asked whether anyone were present to speak on this item. No one appearing to speak, and the City Manager stating that the item did not require a public hearing in any case, the public hearing was dispensed with. FAN~I.LT/CLEVENGER MOVII~ TO INTRODUCE ORDINanCE AMENDING CITY CODE PERTAINING TO REVOCATION OF BUSINESS LICENSES. Passed 5-0. 5-2/6/85 2. Appointment of City representative to Santa Clara County Housing arK] Cc,,,,,,mity Develcw~,,~nt Citizemls ~zlvisory C~u~ttee (]I~GER/~YT,F,q MO~f~D ~"0 APPOINT MR. [~RCXDDIi~. Passed 5-0. Pacific Rai]xoad to Prospect Report noted. 4. ReportenEmergencyPresProgram Report noted. B. ~ FROM (~MISSIONS 1. Oral Pa~orts from C~,~aissicoers - None. 1. Ordinance Amending Zoning Ordinance Regarding Tree Regulations (second reading ) CAT.TON/HLAV'A MOVED TO READ ORDINANCE BY TITLE ONLY, WAIVING FURTHER READING. Passed 5-0. CALLON/HIAVA MOVED TO ADOPT ORDINANCE NS3.63. Passed 5-0. 2. Amendments to City Code, Subdivision Ordinance and Zoning Ordinance Rplating to A~]s (second r~aing) MOYT.P.q/CT.RVENGER MOVED TO READ ORDINANCE BY TITLE ONLY, WA/VING FURTHER READING. Passed 5-0. HLAVA/CLEVENGER MOVED TO ADOPT ORDINANCE NS3.64. Passed 5-0. D. BIDS AND 1. ~3re°m~nt for Plan Checking Services Councilmember Callon asked where the firm was located and who the principals were. Community Development Director replied that the firm was in Belmont, and that although the principals were not known the firm was reputable. FAN~.T.T/HLAVA MOVED TO APPROVE AGREEMENT WITH DES. Passed 5-0. 2. Report en Geologic PaT;lrds Mapping Project and Recommendatic~ for A~Fard of Bid Councilmember Moyles commented that Councilmember Callon's quest-ions had spurred further investigation of the proposals, which had resulted in saving of funds. He thanked her on behalf of the rest of the Council. CALLON/HIAVA MOVED TO AWARD CONTRACT TO TERRATECH IN AN AMOUNT NOT TO EX~'~:~b $18,000. Passed 5-0. A. Discussira of 0ral C~m/nications, if any. Councilmember Callon remarked that the oral communications had been discussed at the time they were made, rather than deferred until the end of the meeting according to Council policy. Consensus to attempt to follow Council policy more strictly. #1 from J. Gatto concerning development of a parcel partly in Saratoga - Mr. Gatto was p~rmitted to speak in order to explain his letter more clearly. Councilmembers discussed issues, stressing that any solution should result in Saratoga's receiving its fair share of increased taxes; the Saratoga property 6~2/6/85 should not be de-annexed; the property outside Saratoga could be annexed;. rezoning and General Plan .change was a possibility; modification of the ordinance to allow parking in a residential district was not ruled out, but the wording would have to be very restrictive so that it would apply only to the subject parcel. FLr. Gatto was directed to work out his proposals further with staff. ~2 from D. Adams concerning second unit ordinance - Councilmen~Ders stated that it was perhaps not t2~eir intent to remove long-existing second units. Councilmen~oer Clevenger pointed out that she had anticipated this problem. Mr. Adams was informed that the second unit ordinance was to be reviewed within the next few months. #3 from Ken Daniels concerning cable television rate increase - City Attorney directed to reply reiterating Council's position that rate increase is not solely at Daniels ' discretion. C. I~ Business frc~n S~f[, Adnd/listrative Reports not Scheduled City F~unager brought up proposed meetings with legislators Konnyu and Morgan. It was decided that April 3 would be the preferred date, with April 11 possible if Morgan was unable to attend April 3. D. New Business f~u~L Counciln~mlbers Hlava - reported on homeo~n~ers association meeting and suggested that paving probleras be discusse] at a study session. - reported on Transportation C~elLission meeting. Callon - reported tb2tt van selling paintings had reappeared at Cox and Sarato~a- Sunnyvale. City Manager indicated t_hat the Sheriff would be notified. Clevenger - reported that she had received a complaint about a banner in Bl~ey Plaza advertising a church group. Mr. Toppel stated he would investigate ch~ging the banner policy. cL~aER/HLAVA MOVE[) TO APPOINT R/CFi~RD DYER AND DAVID NEWBY TO THE LIBRARY COMMISSION, REAPPOINT MELYN KAN~ ~ MARY BETH GANDRUD, AND EXPAND THE I~IBRARY COMMISSION TC, EIGHT SEATS. Passed 5-0. Hlava - suggested that proclamation. Sutmtted by San Jose Mercury News be approved. HLAVA/CLRVENGER MOVED TO PROCLAIM NEWSPAPER IN EDUCATION WhOa<. Pa~sed 5-0. The meeting was adjot~rned at 12:25 a.m. Respectfully sulIaitte~], Grace E. Cory Deputy City Clerk