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HomeMy WebLinkAbout06-19-1985 City Council Minutes TIME: Wednesday, June 19, 1985 - 7:00 p.m. PLACE: Civic Theater, 13777 Fruitvale Avenue T~PE: Regular Meeting A. ROLL CANT.- Councilmembers Callon, Clevenger, Moyles and Mayor Fanelli present at 7:04 p.m. Councilmember Hlava absent. B. MINUTES - 6/5 Councilmember Clevenger pointed out that the Public Safety Commissioner mentioned on p. 2 was Fran Lewis rather than Mulford; that it was she rather than Councilmember Hlava who shared Councilmember Moyles' concerns on p. 4; that she had inspected the site from the Heath property rather than the Pope property on p. 4. MOYLES/CLEVENGER MOVE~ TO APPROVE THE MINUTES AS CORRECTED. Passed 3-0-1 Callon abstaining, since she had not been present at the meeting). II. ORAL ODMMUNICATIOMS Jeannette Morgan, 18421 Swarthmore Dr., spoke concerning her written communication requesting street lights at the entrance to Sunlend Park. After discussion, Mayor Fanelli requested staff to communicate with Ms. Morgan concerning the procedure for annexation to a Landscaping and .Lighting District. 'JOe Pruss, Scoutmaster of Pack 549, presented Mayor Fanelli with a certificate of appreciation for participating in the Pinewood Derby event sponsored by the Scouts. Mayor Fanelli accepted the certificate with thanks. III. ~ A. Cx~lsent c~legr]ar - C]~"~ 1. Stevens CLEV~qGER/MOYLES MOV~D TO DENY THE CLAIM. Passed 4-0. B. Other Consent Calendar Items 1. Final Building Site Approval, SDR 1597, Sobey Rd. (Cox Ave. bfessifllal) (1 lot) 2. Conditional Final Map Approval, SDR 1462, Cox Ave. (Donald Schaffer) (2 lots) 3. Release of M~n~m~t Bond, ~r. 6665, Parhas Corporation, Saratoga P~ights 4. l~_solution Upholding Planning Commission Decision on Pope Appeal of P~ath Applicati~ heard 6/5 RESOIIR~ON 2244 Acting City Manager noted that an error had been made on Warrant 44797, and it had been removed from the Warrant List. Mayor Fanelli noted that Item B.1. should be listed as a building site approval rather than a map approval. M0~rY,F-q/CJ~N MOVED TO APPROVE CONSENT C~LRNDAR B. AS AMENDED. Passed 4-0. 1. Study Session Policy Mayor Fanelli explained that she felt too much business was being conducted at study sessions rather than at regular meetings. This resulted in a lack of public record 2-6/19/85 of important discussions, as well as the need for the public to attend more meetings in order to keep informed. There. was consensus tQ reserve study sessions for such matters as joint meetings and goal-setting; adjourned regular meetings will be called as necessary if business cannot be completed at regular meetings. 7~'~' 1. Report frum Heritage Preservaticm COmm~SsiC~ C~ Proj~wcs ~or ~_ritage Mayor Fanelli accept~ the report and expressed the Council's satisfaction with the work of the Cc~mnission. 2. Oral Reports ff~ma CAm~ssie~lears - None. 1. /~.w~nt to CC&R's for Parnas Subdivision CALLON/MOYLP. q MOVED 93 ADOPT RESOLUTION 2245 APPROVING AMM~DMM~f. Passed 4-0. D. RIDS A~D CON~CTS 1. Award of Contract - Fourth Street Reconstruction CLEVHNGER/MOYLES MOVMD TO ADOPT RESOLUTION 2151.21 APPROPRIATING FUNDS. Passe~ 4-0. CL~VENGER/CALLON MOVED TO AWARD CONTRACT TO DURAN AND VENABLES IN THE AMOUNT OF ' $7h,212.00. Passed 4--0. 2. Award ~_-' Contract - Pamela Avenue Storm Dra~, MOYLES/CALLON MOVED TO AWARD CONTRACT TO GLAGF. UNDERGROUND IN THE AMOUNT OF $12,947.50 AND TO ADO~ RESOLUTION 2151.22 APPROPRIATING b~0NDS. Passed 4-0. Since Mayor Fanelli felt that some people interested in public hearings might not yet have arrived, she proceeded to items following public hearings on the agenda. A. Discussion of ~ Cu~mm/catic~s, if any - No further discussion. B. Writte~ C~a~unic~ticms fr~n the Public #1 fron R. Treadway requesting code change - referred to staff for reply. #2 fr~n D. Graham with cemplaint against garbage billing - referred to staff. #3 frown J. Morgan requesting street lights - see Oral Conmunications. #4 frcm S. McE.lravey with thanks for Library funding - noted end filed. #5 from Residents of La Paloma complaining about building under construction - staff requested to give Council report. C. New Business from Staff, Administrative Reports not Scheduled Transit Assist - Hous/a~g and Community Development Coordinator ~epo~ed that it was feasible to award $4,000 to Transit Assist for brake retarders for the van. He expected to bring an appropriations resolution to the Council accomplishing thLs at the proper time. Cable Television - Community Services Director reported that Saratoga C~ble Television was to be sold; the matter would come before the Council for appr~l of' conditions on July 3. Human Resource Services - Acting City Manager presented a report 'summarizing activities of HRS as requested by Counci/member Hlava. Pronger Stock Sale - Ac~ing City Manager presented a resolution authorizing the City Manager to sell certain stock and to establish a brokerage account at Pacific Valley Bank. He explained that adoption of the resolution was necessary to allow the -~;teek sale, which would then provide funds for improvements required by a deferred improvement agreement which had never been made. There was consensus to add a 3-6/19/85 paragraph 3 to the resolution which would specify that the proceeds were to be used for the improvements. CALLON/MOYT.P-q MOVED TO ADOPT RESOLUTION 2246 AS AM~qDED. Passed 4-0. D. New Business from Councilme~l~_rs Mayor Fanelli introduced Mr. Shook as the Acting City Manager, and Steve Baird as the Acting City Attorney. E. Action Refe~a I~g - No c~ent~. Because of apparent problems with the public address system, Mayor Fanelli recessed the meeting from 7:45 to 7:53 p.m. The problem having been solved, she then returned to Public Hearings on the agenda. V. PURT.TC ~ /~ Second Unit Appeal- Beach (continued from 2/20) Mayor Fanelli noted that staff had recommended continuance of the public hearing to a date when the second unit ordinance should be prepared. She asked if anyone had appeared to speak. Since no one rose to speak, the public hearing was continued to September 18. Mayor Fanelli then stated that she would abstain from voting from the next item, since she rented office space from Mr. Morrison. She left her seat and took a seat with the audience. Mayor Pro Tem Clevenger presided for this portion of the meeting. B. Amendment of General Plan Designation of property at 20661 Fifth St. and portion of the property at 14644 Oak St. from Residential-Multi-Family to Retail Commercial. (Applicant, D. Morris~m) (GPA 85-1) Staff explained the proposed General Plan amendment and the related Land Use Element amendment. In answer to Councilmember Callon, staff replied that the Village Task Force had not made specific recommendations for the subject parcel. Mayor Pro Tern Clevenger expressed concern that two residences across the street from the site would be affected by the proposed change. Staff replied that if they were in the subject zone they would be considered for commercial use on a case-by-case hasis, not changed autc~atically. The public hearing was opened at 8:05 p.m. Stan Bogosian, 20630 Lomita Ave., stated that the residents of the area were concerned about the proposal. He presented a petition signed by twenty residents with that viewpoint, and he stated that some neighbors had not received notice of the hearing. The main concern, he said, was preserving the integrity of the neigh- borhood by keeping it residential. Gladys Hernandez, 14626 Big Basin Way, stated that the two cottages which Councilmember Clevenger had mentioned do not front on St. Charles. Peggy Corr, 19224 DeHavilland Dr., encouraged the Council to delay any decision until after further study of the Village Plan. Dave Morrison, the applicant, stated that the lot at the end of Fifth Street is unusual, and no uses other than commercial would be appropriate. He also felt it would benefit the other ccm~ercial uses in the area. Councilmembers discussed the issues. There was consensus to bifurcate the issues of the General Plan amendment end the Land Use Element policy, which would allow Mayor Fanelli to vote on the latter. The public hearing was continued to July 3. Mayor Fanelli then returned to her seat as Mayor. C. Appeal of Tentative Map Approval for a 9-lot Subdivision ~ 4.27 A~res in the R-1-10,000 Zoning District at 13744 Quito Rd. (Applicant, J. Chu; appellant, D. DI~.m) (SDR 1596) Staff answered various questions from Councilmembers, and the public hearing was opened at 8:33 p.m. Dale Drumre, the appellant, rose to state that many people were present to protest the subdivision; a number of people raised their hands in response. He said that 4-6/.19/85' many had not been nctified of the Planning Commission public hearing, 'so had been' unable to make their objections known. He felt that the neighbors did not wish to stop development completely, but simply opposed this development as planned. He suggested a height limit of 20-22 feet and requested that drainage and landscaping be addressed. He also feared that the increased traffic caused by the density of the proposed subdivision would cause problems, including damage to the streets. Phil Jensen, Ravenw~x] Dr., noted that a new freeway, as well as a new development on the Quito School site, were expected to add to traffic in the area. He=. requested that utilities be undergrounded and trees preserved. Don Ansok, 18383 Montpere, suggested that Montpere be ocntinued from its e~isting terminus to Quito Rd. to provide better ingress and egress to Quito Road. He also feared that drainage from his pool might be a problem in case of accident, noting that the existing homes were 1-6 feet higher than ground level. He also said that a chain link fence was present, but a retaining wall was needed. Cheriel Jensen, Quito Road, questioned the Negative Declaration, saying that the proposed homes would be under high voltage lines which might pose health hazards. She submitted a magazine article on the health effects of electromagnetic fields. She also feared that the proposed homes would be in danger of flooding and would destroy the rural character of the area. Moreover, she felt the inhabitants would be exposed to lead, carben monoxide, and noise frem the nearby freeway. In answer to Counci]~!lembers' questions, staff stated that Caltrans would probably allow the freeway to run next to the high voltage lines. Staff also pointed out the location of the lines and the freeway and stated that restrictions existed to prevent swimming pools frem being built too close to the power lines. Mohique Drumm submitted photographs showing the poor condition of the streets. She also expressed her belief that the neighbors were required to approve any two-story house proposed for a one-story area° Mayor Fanelli eaqDlained the provisions of the Zoning Ordinance concelnling two-story houses. Phil Jensen rose again to inquire as to flood control easements. Community Development Director stated that he believed the easements were all shown on the tentative map. Maury Nelson rose to speak as engineer for the project. He showed transparent projections of the site, indicating the locations of easements and trees. He also noted that the applicant had reduced the original number of lots and preserved trees of significant size. In answer to Mayor Fanelli, he stated that if Montpere were made into a loop, the extension would equal the width of the lots fronting Montpere Way. He then stated tj~at the proposed houses were about 10 feet below the neighbors houses and would not affect their privacy. He believed they would look like one- story houses. The drainage and landscaping problems had been addressed,. he said, and the power lines were not expected to be a problem. He provided details on the drainage and landscaping in answer to further questions from the Council. Community Development Director pointed out that the City staff was concerned with these matters and would ensure that they were handled properly. City Attorney stated that liability falls on the owners of the new structures for .damage caused by alteration of the flow of water from existing properties. In answer to Councilmember Callon, Mr. Nelson explained that the parcels did not seem not as large as ~e indicated size because the indicated size ~nciuded the area of the street. He then provided the size of the lots alone, stating that five were well above the requirements of the ordinance. He stated that the houses would be about 9 feet below neighboring residences. The read would impact t~o major trees, he said, but most would be preserved. He did not plan to put in sound walls. Community Development Director added that the high voltage lines were too: big to be undergrounded. John Chu then spoke as the applicant, stating that the subdivision was in compliance with ordinances and expressing his willingness to work cooperatively with the neighbors. Dale Drumm rose again to state that his home was the only one that was as much as 10 feet above the propose] homes. Mr. Ansok's home, he said, was only four feet ~bove them. He feared the homes would affect views, and he wished the size of th6 new homes to be restricted. 5-6/19/85 In answer to Mayor Fanelli, Community Development Director stated that undergrounding of existing utilities<serving an existing development would not be required. The moving of utilities along a frontage would be required as a standard condition, he said. Florence Jensen stated her belief that there was an additional easement behind lot 9. She also stated that the people in that area had been flooded. Mr. Nelson stated that as far as he knew all easements showed on the tentative map. Community Development Director stated that he suspected there was a right of way along lot 9 for the water district which was sufficient for its needs. John Pod, Ravenwood Dr., stated that he knew from past experience that when storms came, the creeks would rise and flood the area. Cordon Jensen, Quito Read, e~pressed alarm at the high voltage wires and believed that staff should investigate the problem. Ken Colson, 13851 Raven Ct., expressed concern about the drainage and asked about the City's liability for their maintenance. City Attorney replied that it would be a private problem; although the City would have no responsibility for maintenance, staff would be concerned that the drainage improvements were properly designed. Rafael M/Lhan, 13891 Raven Ct., expressed concern about the power lines. Cheriel Jensen rose again to picture the proposed development as having vast areas which could not be lendseaped. under the power lines, with a railread and a freeway running nearby, and no sound wall. She reiterated her concern about health effects of the power lines. A1 Woolworth spoke as a contracctor and developer, saying that areas under power lines could be lendseaped. He considered a sound wall probably unnecessary because the train only runs once a day, and the freeway is far enough away and lower than the houses. He expected no health problems from the power lines. Diana Levin, 13780 Ravenwood Dr., asked whether there could be ingress on Quito Rd., and Community Development Director stated that it would be too close so the present access. Terry Matthew, 13831 Ravenwood Dr., stated that there was a traffic problem already, and a study should be performed to maximize traffic flow. He favored extending Montpore into a U-shape. In response to Councilmember Callon, Community Development Director stated that it would be possible to close the current Montpere and open the new Montpere to Quito. He preferred that option rather than an excessive number of accesses. In answer to Councilmember Moyles, City Attorney stated that the adequacy of the Negative Declaration was a matter of judgment; some issues were not raised before the Planning Commission, so they were not perceived as being issues. Associate Planner stated that an Environmental Impact Report was performed on the Fremont Union School District proparty where the same high voltage lines were involved, and they were not considered an issue at that time. Councilmember ~allor~ felt the lines were not an issue and pointed out that the information submitted was' about exposure on the job. Councilmember Clevenger felt an Environmental Impact Report was needed because we do not know about the possible problems, especially the effect on chil- Councilmember Moyles stated the Council needed information on the intersection at Quito; he believed that at certain hours the traffic flow was substandard. In answer to Councilmember Callon, Associate Planner stated that the traffic impact of the subdivision was not considered great. Mayor Fanelli suggested that if the Council asked for a different map, it might. be appropriate to ask for a traffic study. Councilmember Moyles then stated his concern that the street seemed so narrow that he was concerned about the traffic there. He thought perhaps the density should be cut. Councilmember Clevenger was also concerned about density; she felt the lots were squeezed in the space left by the easements, so the number of lots should be cut. She suggested that Montpere should be improved to facilitate the increased traffic, and that the houses abutting single-story houses should be single-story. 6-6/19/85 :- Mayor Fanelli felt that density was tied to other issues, especially the traffiC' impact on Montpere. She was willing to consider a changed map and carry the road from Ravenwood to Quj_to at a 36' width end closing the present Montpere.. She felt that would be a better solution than having the Council determine the density. The best lay-out, .she felt, was what needed to be achieved, taking into consideration, design, landscaping, drainage, etc. She suggested an alternative map be submitted to the Council. Councilmember Callon agreed that the number of lots was not a .prime concern, but she felt the traffic arrangement should be such that the new homes would share the burden of traffic. She also favored a height limit or single-story requirement on the homes adjacent to single-story homes. Councilmember Clevenger favored a height limitation of 22 feet for the homes that the Planning Cc~rmission had not limited. Councilmember Callon suggested a sound wall along the rear property lines near the freeway. She then brought up the possibility of undergrounding utilities, and Mayor Fenelli noted that the current residents would need to underground from the ~)le to their homes if the undergrounding were required. City Attorney noted that it might be a case of requiring one person to do work on another persons's property, which create problems if the neighbors did not cooperate. Councilmember Callon reqnaested a report on that subject. Mr. Woolworth, speaking of creating a new intersection at Quito, stated that there ' was a bridge there which might make it dangerous. No one further appearing to speak, the public hearing was closed at 10:09 p.m. After discussion, there was consensus to request the developer to return with an alternative plan accessing to Quito through Ravenwood, cutting off the present Montpere. There was consensus to continue the matter to July 17. Mayor Fanelli then recessed the meeting from 10:11 to 10:26 p.m. D. Appeal of Denial of Variance for Parking Spaces for Restartrant at the Argonaut Shc~3ping C. ent~r (Appellant/applicant, A. Karalraras) (V-699) The public hearing was opened at 10:28 p.m. Angelo Karavaras, the appellant/appli- cant,' stated that the required parking spaces were not needed because the shcTpping center had plenty of unused parking spaces. In answer to Mayor Fanelli, he stated that the restaurant was to be Greek-italian, with a combination of eat-in and carry-out food. No one! further appearing to speak, the public hearing was closed at 10:31. Councilmembers discussed issues and agreed that there was sufficient parking available at the shopping center. Councilmember Callon made the re~red f]3~dings based ~n the fact that the location of the site at the end of the shopping center was no~ satisfactory for a retail use; this factor was the basis for the findings concerning practical dLifficulty, common privilege, and special privilege. ~N/CLEVENC4~R MOVtI~ TO GRANT THE APPEAL. Passed 4-0. Mayor Fanelli pointed out that at one point there had been concerns about the proposed use as a restaurant. She suggested that the Councilzconsider re~]ating restaurants through use permits, which would allow tighter ~ontr61 than is now possible. Councilmemk~r Clevenger suggested granting the application conditioned on obtaining a use permit at a later date. City Attorney felt that to .be undesirable because the two types of approval are different. In answer to Mayor Fanelli, Shelley Williams, a businessman at the Argonaut Shopping Center, stated' that there was a merchants' association which could exercise controls over the restaurant if it got out of hand. E..Ap~=~l Of nmlai Of Dance/~11 License Request 6~ll~nt/applicant:,. IL · t~n/an) (Rhe4:t's - 14577 Big Basin Way) (D~-i) The public hearing was opened at 10:40 p.m. Ronald Troyan, President of Saratoga Associates, spoke as the appellant. He reviewed management problems which had resulted in his becoming President of the company. He then noted that he had attempted to respond[ to specific complaints by opening additional bathrooms, reducing the volume of the music, taking measures to deaden the sound, adding more trash bins, and hiring a security guard. He had not been notified of any recent 7-6/19/85 code violations, he said. He stated that Mr. Frank Behnke had asked people to sign a petition against Rhett's, which some people refused to do. He stated that Mr. Behnke had also removed some of his trash bins. He asked members of the audience supporting Rhett's to stand, and a number of them did so. Mr. Troyan t~en intro- duced the security guard. Curt Clark, the security guard, described the work his company successfully performed for various bars. In answer to Mayor Fanelli, he stated that the guards could control behavior only on Rhett's property; in emergencies, however, they could radio for help. Mr. Troyan stated that L~. Wilson of the Sheriff's Department had felt Rhett's security guard would make patrolling the Village easier. He then expressed his wish to make Rhett's a continuing pert of the community and noted that financial difficulties mandated its continuing operation as a dance hall for at least nine months. In answer to Councilmember Callon, Mr. Troyan replied that he had not hired a security guard until after the Planning Commission denial of the dance hall license because of his inexperience with such situations. It was not until Lt. Wilson suggested hiring the guard that he did so, he said. Mayor Fanelli reported that a rumor was circulating to the effect that she had a financial interest in Rhett's. She stated that neither she nor her family had any financial interest whatsoever in Rhett's in any way. Soltan Jerzky rose to speak in favor of Rhett's. He stated that many patrons of Rhett's were members of the community who appreciated having a local dance hall to patronize. He felt the volume of the music had decreased. He then suggested that the side entrance to Rhett's be utilize~ as the main entrance to keep waiting customers farther from the sidewalk. · Ron Luck, 14599 Big Basin Way, spoke forRhett's. He stated that he had lived in Saratoga near Rhett's about 6 months and had ~ever noticed problems. Frank Behnke spoke against Rhett's. He stated that he had moved Rhett's trash containers into the lower parking lot, where others placed their containers, to get them out of sight; he gave an assurance that he would not do so again. He submitted photographs of a car overturned on Big Basin Way by Rhett's patrons on Jane 1 and a petition with 175 signatures from local residents and businessmen opposed to Rhett's. He stated that he had lost more tenants because of noise, trash, and other problems caused by Rhett's; that Rhett's often exceeded its capacity of 99 patrons; that there was not enough parking for the patrons; that the noise and other problems have become worse since Planning Commission denial; that the security ~rd has been ineffective; that property continues to be vandalized; and that other problems involving rude, abusive, unsanitary, and and indecent behavior have continued. He asked those in the audience opposing Rhett's to raise their bands, and a number of people did so. He stated that fewer than 10% of those who signed a petition for Rhett's lived in Saratoga. In answer to Councilmember Moyles, Mr. Behnke stated that he did not live in the Village, but his parents do. Councilmember Moyles asked that residents of the Village state whether the remedial measures have improved the situation. Ken Locknair, 14626 Big Basin Way, spoke against Rhett's, saying that he had been threatened, subjected to verbal abuse, and had observed unsanitary and indecent behavior on a regular hasis. Mr. McKenzie spoke against Rhett's, saying that he owned property across the street. He said patrons of Rhett's often triggered his burglar alarm early in the morning. Ginny Locknair, 14626 Big Basin Way, spoke against Rhett's, saying she lived in Village, and the situation had become worse. She felt the security guard was ineffective. She characterized Mr. Behnke as a respected businessman who helped Village people come together to solve a common problem. David Morrison spoke against Rhett's, saying 'that he owned a rental cottage in the Village. He stated that the noise generated by Rhett's, both inside the building and from patrons outside the building, annoyed his tenants. He felt the security guard was ineffective. Mayor Fanelli, noting that the hour was late, requested that the speakers be limited to two more for each side. 8-6/19/86 Klaus Pache spoke against Rhett's, saying that he owns a business on Big Basin Way. He felt the business; was jeopardized by the behavior of the patrons of Rhett's, including shrubbery c~mage, walking on cars, and indecent and unsanitary b~havior. Bob Mulford of the Public Safety Commission reported that he had observed the Rhett's area early the previous Saturday morning for 1 1/2 hours. The music was loud, the street full of parked cars, the guard ineffective, the noise from d~lmping cases of bottles excessive, and the crowds in the middle of the street uncontrolled, he said. Ted McBain spoke for Rhett's, saying that he lived in Saratoga. He said he had been there a few times and observed a few people out of line. He felt those people should not have to nLin it for everyone else, and there must be a solution. An unidentified member of the audience who lived across the street from the E~ake of Wellington said there was noise, but not all of it ccmes frcm Rhett's'. The public hearing wa:3 closed at 11:26 p.m. Councilmember Callon recalled that she had supported the license at the beginning, but felt the dance hall should not continue in the face of overwhelming unfavorable evidence. She felt F~hett's had not responded to the complaints, and she did not feel they should have yet another chance to correct the problems. They had outgrown that location, she felt. Councilmembers Moyles also noted that he had supported the license initially but now opposed it. He believed the testimony was equivocal about the effectiveness of controls. The managenent had had a fair trial, he felt, and had failed. Councilmember Clevengsr also felt they had had a fair trial and failed. She was of the opinion that this type of facility would not 'Work in that location. Mayor Fanelli noted t~at the Council had allowed Rhett's to come in, but they could not be responsible for what the partnership had done, regardless of who was the manager. She agreed with, but felt it unnecessary to repeat, views already expressed by other Co~u~cilmembers. CLEV~CAT.TON MOV~I} TO DENY APPEAL. ' Passed 4-0. City Attorney pointed out that the effect of the denial was immediate, and no public dancing could take place henceforth. He also noted that the action was not the revocation of an existing license, but a refusal to grant a license. Mayor Fanelli request6~ that the Sheriff and Community Services Officers be notified of the denial immediately. VII. The meeting was adjouz~led at 11:32 p.m. Respectfully sukimitted, Grace E. Cory Deputy City Clerk