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HomeMy WebLinkAbout05-15-1985 City Council Minutes TIME: Wednesday, May 15, 1985 PLACE: Civic Theater, 13777 Fruitvale Avenue TYPE: Regular Meeting (XI~ITi'F.F. OF '11t~ WBDLE - 6:00 p.m. C~,.-,-~ity CeD~r Meeting l~Dcm, 19655 A]/enda]e Avenue InterviM for Public Safety Coa~uissic~ RB~JIAR I~2~rlNG - 7:00 p.m. A. ROLL CALL - Councilmembers Callon, Clevenger, Hlava, and Moyles present at 7:07 p.m. Since Mayor Fanelli was absent until 9: 41 p.m., Councilmember Clevenger acted as Mayor Pro Tern until that time. B. MINtrI'I~ - 5/1 Councilmember Moyles requested that the minutes on p. 5 reflect his opposition to the age requirement for second units; Mr. Toppel of the City Attorney's Office requested that on p. 2 the phrase "except Mr. Cocciardi" be changed to "especially Mr o Cocciardi." HLAVA/CALLON MOVED TO APPROVE MINUTES AS CORRECI'~a3. Passed 4-0. II. ORAL CGM~3NICATIC~S . '~ Don Eagleston rose to cu'mend Councilmember Hlava and the Village Task Force on their excellent report. He felt the letter he had written on behalf of the Village ASsociation concerning the Task Force was harsh and that the ASsociation' s concerns had been met. III. C0~qw]qT CAL~NE]AR 1. Final Map Approval, SDR 1530, Anita FDztS Bolin/Butler J~ Corp., Sobey Rd. (3 lots) 2. Final Map Approval, SDR 1539, ~ Owen Co., Cox Ave./Saratoga Ave. (1 lot) 3. Resoluticm Ca~,pn~ing Dr. Paul Co]]ins RESOLUTION 2236 4. i~cceptance and Acknowledgm~mt of D~natic~ for Hakone c-~rdefls - Fairfield 5- AcceiYcance and Acknowledgment of Dcmati~ for Finance Depafhuent - Smith · RERIIiFfION 2151.19 7. ' Mcfl~ficatiels to Restrictices Cm Tefltative and Final Maps for Tr. 7382, 8. Resolutic~ Ccmm~_D~ng Village Task Force spcmsared by Counciln~mher Hlava RESOI//I~ON 2237 9o Approval Of WarL~nt List Councilmember Hlava asked questions on the Warrant List which were answered by staff. CALTt)N/HIAVA MOVt~D TO APPROVE CONSMqT C~I,EMDAR EXCEPT FOR :#7. -Passed 4-0. Spencer Troth rose to speak as a representative of the petiEioner on Ite~n #7, saying that at the time of the Planning Conmission hearing it was not known what type of house would be built. Now that an English Cottage style was planned, he said, they 2-5/15/85 would not be able.to build it properly without exceeding 22 feet. Mr.'.,Toppel of the City Attorney' s Office staged that the Planni~ng Commission had discussed this; they had removed the two-story limitation because the 22-foot height limitation was being imposed. He said the applicant could pursue the matter with the Planning. C~Lmission if he wished. Councilmember Callon felt that the applicant had not had' the opportu- nity to present his case. CAT.TON/HIAVA MOVED TO APPROVE CONS~qT CAT.RNDAR EXCEFr FOR #7. Passed 470. HLAVA/MOYLES MOV~ TO APPROVE #7. Passed 3-1 (Callon opposed). 1. Report fr~ V~]]age Task Force Russ Perry rose to speak as the Chamber of C~merce representative to the Village Task Force, noting that the Task Force recumlended that a professional prepare guidelines for Village development in the form of a booklet. Councilmember Callon cu~ented that the recumendations were all excellent. Mayor Pro Tem Clevenger feared that the inclusion of scme residential areas in the Village might enc~3urage them to becc~e cc~m~,~cial. Mr. Perry stated that the Task Force did not w~mt to include residential eleas in general, but did include transitional areas so tj]at the residents could have input. Councilmember Hlava stated that the report would go to the Planning Commission and the City Council for public hearings. Counci~ Callon remarked that the letter frc~ the Village Association was disturbing b~ause, although negative in tone, it made no substantive cc~,Lents. She noted that, con- trary to the letter, the Task Force did have a representative of the Village Merchants Asseeiation. Don Eagleston rose again to state that he agreed, but that he had ben asked to write the letter. Discussion followed as to whether there was a Village Merchants ~:epresentative, and Councilmember Hlava stated that Mr. Eagles- ton had recuf~nded Mr. Pollack as such a representative, among others. HLAVA/CALLON MOVED TO ACCOunT REPORT AND SE~) TO PLANNING COMMISSION FOR START OF HEAP~TNGS ON VILLAGE MAS'rE~ PLAN. Passed 4-0. 2. Re~ort free Fire Services ~ask Force City Manager explained report reccm~_nding deletion of alarm hookup frcm Owens project. Councilmember Meyles asked how the requirement for hookups could be expan- ded if the Council wished to do so. Mr. Toppel of the City Attorney's Office explained that the Task Force would meet again and probably renu~e_nd further areas for inclusion through General Plan Amendments and ordinance amendments. Councilmem- ber Moyles then asked why the Owens project, which the Task Force report had addressed, needed to be designed immediately. Steve Douglas, representing the developer of that project, stated t_hat they were now ready to obtain permits end begin construction; the hookup requirenent would have required much additional financing. HLAVA/CALLON MOVe3 TO D~,RTE REQUIPa~ENT FOR HOOKUP FOR (~a~qS PROJECT AND P~RMIT DEVELOPER TO PROC~:~. Passed 3-1 (Moyles opposed). Councilmember Moyles explained that he felt it unwise to delete the requirerent because it would set an undesirable precedent. He felt breader issues of public service were involved, and he opposed breaking down a large decision into its cu~onent parts. He pointed to the fee increase requested by County Oa~municationa as highlighting the larger problem. He preferred to delay a decision until the Fire Services Task Force's next report. Other Councilmembers expressed a~eemealt with the Task Force reasoning. 3. Deteu~natic~ of Appeal of ZRmhetti Deferred l-p~ove~e_nt Agreement Oal~.unity Development Director explained appeal. Mayor Pr6 Tem Clevenger expressed a desire to call the agreement, and other Councilmembers agreed. Councilmember Callon stated she would like information suhnitted at an earlier meeting, and Deputy City Clerk distributed previous drawings submitted by Mr. Zambetti. 3-5/15/85 MOF.Rq/HLAVA MOV~]3 TO DIRECT ZAMB~'I'~'I TO MAKE IMPR~ PER D~'k~URED IMPROVE}4ENT AGRk~4~VrS. Passed 4-0. Mayor Pro Tem Clevenger stated that the'Council would look at the rest of the street at a study session. 4. Request for Refund of Fees for Use P~rmlt Ap~31icati(ml No. UP 572, N~]~m Gardens Cu,~L~unity Development Director explained request and answered Coencilm. mters' questions on the item. Roger Ross, Vice President of the Nelson Foundation, rose to state that the Foundation was a charitable foundation, while most bodies applying for use permits were profit-making enterprises. In answer to Councilmember Callon, City Manager stated that the only time fees have been waived was when there was a staff error in charging or processing them; fees are not waived for charitable bodies in cc~munity development matters. Councilmembers expressed sympathy for Mr. Ross' situation but could not find a hasis on which to refund the fees and did not wish to set such a precedent. ~ER/HLAVA MOV}~ TO DENY REQUEST. ~Passed 4-0. Mayor Pro Tem Clevenger reported that the Council was ready to appoint the Heritage Preservation Cc~m~issioners. MOYI.F~/HLAVA MOV~D TO APPOINT VOESTZR AND KOEPERNIK TO HERI~RGE PRESERVATION COMMISSION. Passed 4-0. Mayor Pro Tem Clevenger proceeded to public hearings, since the hour of 8:00 p.m. had arrived. V. PURnTC MZaRINGS 1. ~ce rep~]~ng Ch. 3 of the City Code and aaalng a new Ch. 3 The public hearing was opened at 8:05 p.m. No one appearing to speak, it was closed at 8:06 p.m. HIAVA/F~DYI,F.q MOV~ TO II~rRODUC~ ORDII~CE. Passed 4-0. 2. Relationship of Revenue Sharing Funds to end{re City Budget for fiscal y~r 1985-86 City Manager explained procedures and reported on expected termination of Revenue Sharing program by the Federal government. Councilmembers decided to hold public hearing, then continue it to the next study session so that groups which might not have heard of the hearing would have an opportunity to present their cases; those presenting their requests tonight should not repeat them at the study session. The public hearing was opened at 8:20 p.m. Councibeber Hlava c~lulented that she was unccmfor*mhle without criteria for granting funds and wished to limit grants to applicants who represented the broad population rather than special interests and who would use the fends for governmen- tal purposes. Marilyn Kanemlra, chair of the Library Cu~m~ssion, spoke in favor of the County Library's request for $45,000 to reduce the 1985-86 budget deficit. She then answered Councilmembers ' questions. Marjorie FOOt, 20910 Canyon View Dr., spoke in favor of the Iaague of Wcmen Voters request for funds to perform a needs assessment on child care. Rita BaLun, Director Of the LOng-Term Care 0mbudsman Program, explained their request and answered questions. 4-5/15/85 Cindy Rockwood, 20445 Williams, spoke as President of the Cut~Lunity Garden and answered questions on their request. Keith Gordon, 20299 Blauer Drive, spoke for the Saratoga Area Senior Coordinating Council request. Bob Harrison, Execut ve Director of the Volunteer Center, spoke for their r,_~]uest and answered question,.]. ' Phil Brown, Director of the Live Oak ~x]ult Day Care Center, explained his request and answered queStioru;. Dave Johnson, Director of the Youth Science Institute, spoke for their request and answered questions. Judith Sutton, General Director of the Valley Institute for Theater Arts, explained their request and answered questions. Rita Baun rose again to cc~ment that in her duties with the Long-Term Core Ombudsman program she often folmd people in nursing h~nes who did not have to be there7 she pointed out that if adult day care such as that provided by the Live Oak Adult Day Care Center were provided for them, they could resist institutionalization longer. No one further appearing to speak, at 9:19 p.m. the public he~ing was continued to May 21. Councilmember Collon requested a sunmary sheet showing all requests. City M2unager suggested continuing public hearing to June 5 rather than May 21. Councilmember Hlava noted that there! might be groups wishing to make a request which did not know about tonight' s heark~g who could speak on May 21. Mayor Pro Ten Clevenger then recessed the meeting frcm 9:20 p.m. to 9:41 p.m. 3. Appeal Of de~al of design review and variance appzov~l~ for a hen two- story single fam{ly residence 35' in height where 30' is the height a]l(~ed at 14124 Pike l~d. (Applicant/appellant, Mr. and Mrs. R. BoOm) (V-692'., A-1053) Mayor Fanelli returned to the meeting and took her seat as Mayor. She reported that Councilmember Moyles would not participate in this appeal because of a potential conflict of interest. Councilmember Moyles took a seat in the audience. CuLuttunity Development Director explained appeal. The public hearing was opened at 9:42 p.m. CounciLmember Collon reported that the appallant had provided the Council with photographs of the site. Mr. Bohn rose to speak as the appellant. He stated that Saratoga's large homes were one of its beauties and that there were other very large h(xnes near his site. The builders would be the same builders who constructed the O'Meara house, he said, which was very beautiful. He felt the cu~ents of the staff were only subjective opinions. He said the neighbors had not ccinplained abeut his project. The height would not affect other property, he said, because the windows were not high. He believed it was not possible to lower the height, making up for the loss by using more land, because the house was already at the setback limits. Mayor Fanelli inquire~ as to the actual height of the entrance, and Marty Oakley, the designer, stated that it was 31 feat. He also stated that there was a' great deal of attic space provided by the high roof which was not to be used for living space; if the square footage were reduced, he said, the bulk would still appear the same. Councilmember Collon asked whether the applicant could meet the standard by designating the attic as air space.. Cc~ty Development Director replied that it was expected that ~he designer should re-design the house, since the Planning CcnTnission was not oDncerned with square footage so much as with height. No One further appearing to speak, the public hearing was closed at 10:05 p.m. Councilmember Clevenger inquired as to the hcrneowner fee which scme neighbors had claimed Mr. Bohn had not paid. C~ty Development Director explained that payment of the fee could not be made a condition because it was not City business. 5-5/15/85 Mr. Bohn 'stated that he had paid the fee. Councilmember Callon suggested that it be made a condition of approval in sc~e cases. Ccmmmity Development Director stated that it could be made a condition at a later stage. Councilmember Callon thought the design attractive but not.suited to a one-acre site without much hillside. She opposed the variance, saying the house would be quite visible. Other large houses in the area were originally surrounded by much more acreage, she believed. Councilmember Clevenger could not make the findings to exceed the height limit, and she did not wish to do so for that much square footage on the lot. Councilmember Hlava agreed; she also felt the O'Meara house which had been mentioned was a mistake because of its enormous visibility, although she had voted for it while on the Planning CULIL,~SSiOn. Mayor Fenelli agreed concerning the variance. She wished to maintain the standards which had been set and suggested that the house be redesigned to meet then. HIAVA/CALLON MOVED TO D~qY V-692 BAS~) ON STAFF REPORTS AB~ INABILITY TO MAKE REQUIR]~ FINDINGS. Passed 4-0 (Moyles abstaining). CLEVEN~/HIAVA ~ TO DENY A-1052 BASt~ ON SZAFF REPORTS AND INABILITY TO MAKE REQUIRED FI~INGS. Passed 4-0 (Moyles abstaining). (Clerk's note: This motion withdrawn; see discussion below. ) Councilmember Callon suggested that, rather than denying the design review, it be returned to the Planning C~LHssion. There was consensus to do so, and the maker of the motion and its seconder withdrew the motion. c~.RVEN~'~/CALLON MOVe) TO R~QUEST APPLICANT TO REDESIGN HOUSE WITHIN 6200-SQ. FT. GUID~.TNES AND TAKE PLANS TO PLANNING COMMISSION FOR APPROVAL. Passed 4-0 (Moyles abstaining ). Councilmember Moyles then resumed his seat as a Councilmember. 4. App~ ] Of co~ditic~ of ap~ of design revie~ for ne~ t~o-st~ry single f~ml]y residence cmkfc 21, ~r. 6528, Vista Arroyo Ct. (Applicant/ appellant, Sinsley Cc~lst.) (A-1070) Cul~t,unity Development Director explained appeal. The public hearing was opened at 10:20 p.m. In answer to Mayor Fanelli, Doug Sinsley spoke as the applicant, saying that the height was measured at 29 feet for a 13-fcot expanse; the cross-section appears to show mostly fill, he said, because that is where they were cutting into the bank at the west side. No one further appearing to speak, the public hearing was closed at 10:28 p.m. Cut,~wnity Development Director explained that the staff and the applicant differed as to the s(?mare footage because the staff included second story space that could be used as living space. Mayor Fanelli cc~inanted that the probl~n with the design might be because it is flat rather than stairsstepped down the site. Councilmember Clevenger felt the proposed house was not the right one for the lot, and Councilmember Hlava agreed. CLEV~MOi~,F-q MOVe]) TO DE~Y APPEAL. Passed 5-0. Mayor Fanelli explained that the applicant could redesign the house and cc~e hack through the staff with a change in design which would deal with the height and bulk concerns of the Council. Mayor Fanelli then returned to itens preceding public hearings on the agenda. 1. Re~ort fr~ ~ritage Preser~atifm Sharon T~ndsness, chair of the Cu,~ssion, explained the report, which asked for direction on disposition of funds raised by the Cc~'m',~ssion. After discussion, Council decided that the funds should be placed with other City funds. CALLON/CLEVt~GER MOVED TO PLACE FUNDS AS A SEPARATE ACOUNT WITHIN THE CITY 6-5/Z5/85 FUND FOR HERITAGE PPd~ERVATZON PURPOSES, WITH THE IN'£~EST TO BE-TRACKED. SEP]~RA%'~:hY AND ALLOCA'£~U TO THAT ACOOUNT. Passed 5-0. 2. Oral ~ports fL~c~ C,-,M~-ssi~mers - None. C. C~DIN~N~ ~ I~SOI~rICNS 1. ~ro~l of ~nded ~p for ~r. 7283, 3rd St. and Oek S~c., Const~cica Inc. (1 l~c, 8 apa~h~mts) ~ayor F~uelli ~nno~mced that she would not ~ici~ate in any way in th~s because of a conflici~ of interest. Culu~nity Development: Directcot explained proposed amendments. ~0Y~.~-~/HIAVA ~0V~D ~3 ~PPROVE A~DED ~P. Passed 4-0 (Panelli ~bstainin~). D. · ~TnS ~ 1. ~ard of Ccetract £or Rs~i~ of C~ester ~ve. and ~en ~cres ~r.~/HI~V~ ~OVED TO ~ARD CONTRACT TO PI~2~ CONSTRUCTION C0. IN THE ~2~OUNT OF $198,526.40. Passed 5-0. 2. l~port (m ~pr~i~l P~]-~for Pr(~er~y at Cox ~d Saratocja- S~nn~le City ~na~er explained re~ort and recc~uended t_~at the Council interview ~he lew bidders at a study session. Councilu~nber Clevenger noted ~t C!even~er Realty ~praisal Co. was no relation to her. Councihuember Callon suggested that the staff interview the bidders and make recu~,~dations to the Council. City ~3na~er stated that the staff recc~ended Cleven~er Realty ~praisal OF $3,000.00. Passed 5-0. ~yor Panelli ' in~ired as to work bein~ done on Scully. Co~nity Develc~uent Director Stated that City crews work doin~ reconstruction there, and he did not whether an overlay was to be ~. Discussice. of Oral Cc~mr~icatic~s - None. B. Written (~:......~ic~tic~s £~u~ the Public #1 £rc~ Residents United to Protect Vicker~ lane requestin~ reconsidera~on of decision on pedestrian access - staff directed to send letter .indicatin~ no Coun- cilu~_mber had wished to reconsider. #2 £rc~ R. ~r~ino concernin~ ~enuanent housin~ .for mentally .ill - no action ~ken. #3 frc~ G. ~.iegler c~ncerning su~o~c of ~B 1327 - no action taken. #4 frc~ J. DeBenedetti - after discussion, staff instructed to write the City of San Jose su~x~rtin~ ~e annexation, attaching ~r. DeBenedetti's letter. #~ frc~ G. Saul offerin~ money for transfer of Industrial~ Development Bond ~llocation to San Berna~ino - referred to City ~ttorney. C. New B~si~s frcm Staff, k~ninistrative Rsports not Scheduled Cu~l~ity Services Di~ecto~ provided preliminary information on ~arba~e £~anchise cos~ allocations. Councilmen~_r Callon requested that when £inal re~o~c is presented to Council, previous re~orts be included in same ~acket. Callon - re~or~ed on meetin~ with staff and consultant on Paul ~asson study. 7-5/15/85 Fanelli requested that Mr. Katz be kept informed because he wished to participate in the public hearings. Hlava - reported on latest meeting concerning Transit Assist Joint Powers Agreement. Moyles - brought up question of amendments to Hakone Trust agreement. Mr. Toppel of the City Attorney' s office s'~Lu~rized changes requested by Mr. Glennon. MO~.F.q/~ER MOVED TO AMEND AE IN ACCORDANCE WITH GLENNON M~MDRAND~4 ODNCERNING IRREVOCABILITY D~'~MINATION. Passed 5-0. There was consensus to discuss the number of trustees at a later meeting. Clevenger - reported that most school site questionnaires had b~n received. She requested authorization to meet with Mr. Belote of the Cupertino School District. Councilmember F_lava suggested that the questionnaires be discussed with the Planning Cu,eL,~ssion at the last study session in July. There was consensus to send the questionnaires to the Planning Cce~ission and school districts beforehand. - reported that a resident on Michaels Drive was cc~plaining about an abandoned house. Mr. Toppal of the City Attorney's Office suggested that the Health Department might be asked to check to the house to see if it is a health hazard; if so, the City could demolish it. Mayor Fanelli suggested that the Hermanns be notified. Fanelli - reported on meeting with Supervisor McKenna at which the increased County Cu,~L~Lnieations fee had been discussed and at which she had seen Ron Lemmon of CalTrans. She requested that Mr. Lenm~n's letter concerning data for the City's Highway 85 consultant be sent to that consultant. E. Acti~m Referral I~ Councilmember Clevenger suggested that the Michaels Drive house be added to the log. The meeting was adjourned at 11:48 p.m. to Tuesday, May 21, at 7:30 p.m. , Respectfully sukmitted, Grace E. Cory Deputy City Clerk