HomeMy WebLinkAbout08-21-1985 City Council Minutes l~NlrrEs
SARATOGA CITY COUNCIL
TIME: Wednesday, August 21, 1985 - 7:00 p.m.
PLACE: Civic Theater, 13777 Fruitvale Avenue
TYPE: Regular Meeting
A. ROLL CALL - Councilmembers Fanelli, Hlava, Moyles and Mayor Clevenger were
present at 7:07 p.m. Councilmember Callon was absent.
B. MINUTES - 8/7, 8/13
With respect to the 8/7 minutes, Mayor Clevenger asked that they be amended on p. 3
to show that the intent concerning new second units in the R-l-10,000 district
was to eliminate them completely; and on p. 4 to clarify that the original suggested
change concerning septic tanks had not been changed and to show that she rather than
Councilmember Callon had requested that the public be allowed to give input while
Mr. Morton continued to ask technical legal questions. Councilmember Hlava
corrected the spelling of the names of Lois Svalya and Consuelo Killins on p. 5 and
requested that on p. 6 it be clarified that her intent concerning the Village
boundaries had to do with residential areas.
HLAVA/MOYLES MOVED TO APPROVE THE MINUTES AS AMENDED. Passed 3-0-1 (Fanelli
abstaining because she had not been present).
MOYLES/HLAVA MOVED TO APPROVE THE 8/13 MINUTES AS SUBMI'IT~D. Passed 3-0-1 (Fanelli
abstaining because she had not been present.)
Councilmember Hlava asked that the agenda be amended to include a report from the
editor of the Community Newsletter, Rob Stankus, under Administrative Reports. There
was consensus to do so.
II. ORAL COMMUNICATIONS
Dave Smith, Quito Road, asked about staff reports on his previous questions
concerning access to public records and the amount of deposits required. City
Attorney stated that Mr. Smith already had the information he had requested from the
records, and any further questions on that matter should be directed to him. As to
the question of deposits, he noted that all fees would be considered by the Council
in January, and that would be the appropriate time to consider the appropriateness of
deposits required. Mr. Smith then noted that the striping on the Quito Road bicycle
lane had been well done, and that he had told others of his satisfaction with the
Council's responses to his concerns.
III. CONSII~T CALENDAR
1. Acceptance and Acknowledgment of Donation to Hakone Gardens - USF Alunmi
2. Final Acceptance, SDR 1527, Monte Vista Dr., William Johnson
3.Resolution denying Renna Appeal heard 8/7
RESOLUTION 2267
4. Resolution granting Perisho Tree Removal Permit Appeal heard 8/7
RESOLUTION 2268
5.Resolution Appropriating Funds for Entrance Sign Seals
RESOLUTION 2241.2
6. Approval of Warrant List
HLAVA/CLEVENGER MOVED APPROVAL OF THE CONSENT CALENDAR. ~-'Passed 4-0.
1. Consideration of Claim - Bricmont
2-8/21/85
HLAVA/FANEH,I MOVED TO DENY THE CLAIM. Passed 4-0.
IV. S(MIDUL~D
A. ~STRATIVE REPORTS
Mayor Clevenger noted that the Council had received draft copies of the next
newsletter. Councilmember Fanelli requested that the parenthetical phrase'stating
which streets the freeway would cross be deleted, since that has not been d~finitely
decided. Co~ncilmemt~r Hlava requested that format changes upon which 'the! COLmCil
bad previously agreed be made, and Mr. Stankus replied that that would be done. He
also provided his telephone number so that Councilmembers could call him with other
changes if necessary.
B. REPORTS FRet C(I~vIISSIONS AND
1. Oral R~l~rts from Commissioners
Andy Beverett of the Library Commission noted that there was to be a joint meeting of
the Finance Advisory Committee and the Library Commission the next week.
Mayor Clevenger and Councilmember Hlava stated that they would each attend for part
of the meeting.
C. ORDINANCES t~D RESOLUTIONS
1. Resolution Adjusting Salaries and Benefits for NoneManagement
Fmp. loye~,s
FANELLI/HLAVA MOVED APPROVAL OF RESOLUTION 85-9.64 INCLUDING EXHIBITS A AND B.
Passed 4-0.
MOYLES/HIAVA MOVED APPROVAL OF RESOLUTION 2241.3 APPROPR!ATING FUNDS FOR THE ABOVE.'
Passed 4-0.
2. Resolution Adjusting Salaries and Benefits for Mm~ag_.eJ~ent
Councilmember Fanelli inquired as to the percentage increase in salary for management
employees. Acting City Manager stated that the increase was 4.8%, the same as that
for non-management employees. Councilmember Fanelli then suggested that the
resolution be amended to clarify that the salaries as well as the ranges were being
adjusted by that percentage, and there was consensus to do so.
HLAVA/FANE. LI.I MOVED TO ADOPT RESOLUTION 85-9.65, AS AMENDED. Passed 4-0.
MOYLES/HLAVA MOVED TO ADOPT RESOLUTION 2241.4 APPROPRIATING FUNDS FOR THE ABOVE.
Passed 4-0.
3. Consideration of Amendmonts ~o Certain Zc~_iDg Rsg~a~tions of the City
of Saratoga to lengthen th~ ~.f. fective p~.iOd~ ~f De~s_~gn Review, Use
Permit and Variance ApproV~S and lengthen ~the p~_~.od. a!~owed for the
extensions of these applications (second reading) (C-223)
FANELLI/MOYLES MOVED TO READ ORDINANCE BY TITLE ONLY, WAIVING FLPRTHER READING.
Passed 4-0.
FANEI.I.I/MOYLES MOVED ~) AIDOPT ORDINANCE NS 3.~0 AS READ BY T!T~E ONLY. Passed 4-0.
D. BIDS ~ CC~IRACTS
1. Award of Contract - Overlay Certain City ~t_~eets 1985
Acting City Manager explained that staff recommended awarding the contract to the low
bidder, who bad bid almost $100,000 under the Engineer's estimate. Councilmember
Moyles expressed gratification that the b~d was so low ~b~t no_ted that, on the other
hand, the work on Chester Avenue was ~9.s~ng more tb~D ~e.xp~t~ed. Mayor Clevenger
asked why the City goes to bid for some I~V~m~nt proje~c_t~ ~aBd ~cOntracts with the
County .on others. Acting City Manager _r~p_lied that the ~C0_~nty is the expert on the
oil and screen proces:~, so the City no~m~a_l!y ~ontra~ctS W_i_th ~hem on that type of
work. r
3-8/21/85
HLAVA/FANELLI MOVED TO AWARD THE CONTRACT TO RAISCH CONSTRUCTION COMPANY IN THE
AMOUNTOF $527,283.89. Passed 4-0.
Councilmember Fanelli reported that ~ bill returning monies to small cities for road
repair was under consideration. She feared that if the cites were required to spend
the same amount of their own money as in the past in order to obtain this new money,
the extra money Saratoga was spending on the five-year paven~nt management program
might raise excessively the level of required spending. Councilmember Hlava believed
the program would apply only to next year's budget, based on last year's spending.
Acting City Manager stated he would research the matter.
Councilmember Fanelli then inquired as to the digging on Saratoga Avenue performed by
Olin Construction. Acting City Manager stated that it was necessary to dig through
the newly-overlaid surface, since the soil was not suitable for boring because of
large stones which could deflect the boring device, endangering utilities.
Mayor Clevenger then proceeded to items following public hearings, since the hour of
8:00 p.m. was not yet at hand.
A. Discussion of Oral Coa,n~mications, if any - None.
B. Writton Co,.,,,~ications from the Public
#1 from Rotary Club of Los Gatos requesting approval of Great Race January 5, 1986 -
consensus to approve in concept pending responses from other public agencies and
approval of encroachment permit. Mayor Clevenger felt the Rotary Club should
consider having the race ran from Los Gatos to Saratoga some time in order to benefit
Saratoga businesses.
#2 from J. Denny with recommendations for changes in trash removal charges - referred
to staff for reply.
#3 from R. Gonzales, City of Sunnyvale, concerning City investments involved in South
Africa - referred to staff for reply. Acting City Manager reported that Deputy City
Treasurer was working on investment policy; there was consensus to have him report to
the new City Manager when the policy is ready and to place the item in a suspense
file.
#4 from M. Dennis requesting expanded noticing and information about Zoning Ordinance
amendments - referred to staff for reply.
C. New Business from Staff, Administrative Reportsnot Scheduled
Community Services Director reported that the crossing guard situation needed to be
resolved. There were Attorney General opinions that discouraged school districts
from involvement in crossing guard programs, he said, but the school districts were
willing to share in the costs of the program. After discussion, there was consensus
to agree to the program in concept, with the City administering the crossing guards
program and employing the crossing guards, but with the school districts sharing
the costs. Community Services Director noted, in response to Councilmember Fanelli,
that the program required about 25 hours of his time and about 60 hours of Community
Services Officers' time.
D. NewBusiness frcm Cotmcilm~nhers
Councilmember Fanelli reported on her recent trip to Japan in connection with the
International Mayors Conference for Peace and the Sister City Program. She displayed
· mementos of the trip, including a limited-edition book presented to the City by the
pre-aminent potter, Masayuki Imai.
Councilmember Moyles remarked that activities such as Councilmember Fanelli's added
a valuable dimension to the Council and were particularly appreciated in view of the
fact that Councilmember Fanelli had made the trip at her own expense.
Councilmember Hlava reported that at the Mayors and Managers meeting the City Manager
of Cupertino had requested that cities pass resolutions requesting that the funding
for the widening of Highway 280 not be delayed. There was consensus to adopt a
minute resolution to that effect and send it to State legislators and to the
Metropolitan Transportation Commission, noting that there were traffic jams and that
delay of the widening would have an impact on City streets.
4-8~21/85
HLAVA/CLEVENGER MOVED TO ADOPT A MINUTE RESOLUTION ENCOURAGING CONGRESS T~ t!EI.FASE
THE FUNDS FOR THE WIDENING OF HIGHWAY 280. Passed 4-0.
Councilmember Hlava then reported that she had attended a meeting on the proposed
Master Plan for Villa Montalvo. She felt that staff should meet with Callendar
Associates and the Montalvo Association; that the proposed changes should be
discussed at a study session with the Montalvo Association and their consultants; and
that staff should research the provisions of the Montalvo use permit. Councilmember
Moyles preferred that any question involving the Montalvo use permit gO to the
Planning Commission so that the record would be built in the normal manner.
Councilmember Hlava felt that a basic decision on policy was involved, requiring a
decision by the City Council.
Concerning school sites, Mayer Clevenger suggested that a meeting with the school
districts be scheduled at a study session to discuss the results of the school site
survey.
Mayor Clevenger then reported that a resident had objected to the storage on her
street of pipes froma project on Pierce Road. Acting City Manager explained that
ordinarily a contractor makes arrangement with a nearbyproperty owner for storage of
such items. He stated he would investigate the situation if provided with the name
of the complaining party. Mayor Clevenger commented that it was inappropriate for
to store pipes on a street, in any case.
E. Action Referral log - Investment policy added by Mayor Clevenger.
The hour of 8:00 p.m.. having duly arrived, Mayor Clevenger returned to public
hearings on the agenda.
V. PUBLIC HEARiNGS
A. Consideration of Text Amendments to the Second Unit Ordinance which
would generally relax the development regulations of this ordinance
for new and existing second ~mits, including 1) ~11ow sere variation, in
certain hardship cases, from the requirement for owner occupancy; 2) allow
second units to be occupied by the physically h~ndicapped as well as
people over 60 years of age; 3) allow existing second units greater
latitude to vary from the restrictions and standards under Section 16~_4
of the ord~mnce (first reading) (GF 344.1)
City Attorney explained proposed amendments and asked for clarification on the
permitted size of existing units. There was consensus to allow the Planning
Commission to approve existing second units exceeding 800 square feet without a
variance. Councilmember Fanelli suggested reconsideration of the deletion of the
language permitting new second units in the R-1-10,000 zoning district.
Councilmember Hlava e~ressed sympathy for the situation of those needing new second
units and felt allowing them with a limit of five units might be appropriate.
The public hearing was opened at 8:16 p.m.
Douglas Adams spoke as an attorney representing owners of ex/sting second units. He
felt that regulations on existing units should be less strict than those on new units
because existing units did not add new impacts, and he believed there were no
significant complaints from neighbors. He recommended allowingexisting second units
to be registered and inspected to ensure compliance with health and safety codes.
Further, he felt that since the City bad assisted in obtaining federal funding for
repair of an existing unit, the City was estopped from forcing such units out of
existence.
.'.~ Dave Smith, Quito Road, brought up the r~e of a person who owns three houses in one
lot. Mayor Clevenger replied that if such a case were reported, the City would
investigate the matter and enforce applicable ordinances.
Louise Cooper supported existing second units in the R-l-10 district; she felt that
there would be few who could qualify for such a unit, but they were of great
importance to those who did.
Barry Crane, Beaumont Avenue, stated that he lived in the R-l-10 district and
objected to second units; he felt people who did not live there did not realize the
their impact.
5-8/21/85
Jessie McGuire spoke representing the Good Government Group. She stated that the
Group opposed new second units in the R-l-10 district but favored legitimizing those
already existing in the district with a use permit.
No one further appearing to speak, the public hearing was closed at 8:25 p.m.
Councilmembers discussed issues. There was consensus to approve the section
exempting existing second units from the covered parking requirement if no such
space were available on the site. As to.size of existing units, there was consensus
to allow the Planning Commission to approve those exceeding 800 square feet without
a variance. There was consensus to allow no exemption from owner occupancy because
of disability. Mayor Clevenger noted that the letter from Harriet Handler favoring
new second units in the R-l-10 district should be part of the record. Councilmember
Fanelli brought up the possibility of the Council's making exceptions to some
provisions to the ordinance. She also expressed concern that if the Council did not
permit new units in the R-l-10 district they would be acting out of fear of impact,
although there might not be significant impact. She noted that units would have to
be attached, and there would be few of them; she recommended that the Council not
completely disallow new units in the R-l-10 district. Mayor Clevenger opposed such
units because the lots were small, and residents in that district had expressed the
greatest concern over impacts such as increased traffic. She reviewed the gradual
liberalizing of restrictions on second units which had been taking place since the
original discussions. Councilmember Moyles, who lives in the R-l-10 district, felt
it would be inappropriate to allow new second units in his area because the
neighborhood would not tolerate the expansion of this use. Councilmember Hlava
expressed concern for those who, like Harriet Handler, might need second units. The
majority of the Council expressed a consensus not to allow new second units in the
R-l-10 area.
City Attorney reviewed decisions of Council: the Planning Commission may modify the
800-square foot standard without a variance; parking is permitted in a covered
driveway; no exemption from owner occupancy because of owner disability; no new
second units permitted in the R-l-10 district.
Councilmember Fanelli again brought up the possibility of a provision that the
Council can waive sections of the ordinance pertaining to human factors such as age,
owner occupancy etc. (but not other factors such as safety cede violations). There
was consensus to do so.
City Attorney stated that he would re-write the ordinance to include changes made by
Council so that it could be introduced at the next meeting.
B. Consideration of Rezoning of 1.16 Acre Parcel located at 14230 -C-
Saratoga-Sm~yvale Rd. from R-M- 4000 (10.89 dwelling units/acre) to R-M-
3000 (14.52 dwelling units/acre) (Applicant, C. Neale) (C-224)
Acting City Manager explained application, noting that emergency access would be
conditioned on beth parcels. In answer to ,Councilmember Fanelli, be stated that this
was the propertythat was approved based on the moving of some units from a church to
the site to provide housing. The units are being used for a workshop and storage, he
said, and would have to have design review for residential use. The public hearing
was opened ~t 8:50 p.m.
Clarence Neale rose to speak as the applicant. He discussed the amount of time and
money he had spent on the project and his plans for additional housing units. }~yor
Clevenger noted that the issue is whether the rezoning should be approved and asked
whether, assuming the rezoning were approved, Mr. Neale could then do what he wants.
Acting City Manager replied that if Mr. Neale wished to have more than the five units
currently approved he would need to have further approvals for them. Mr. Neale
asserted that he should have better treatment, and Councilmember Fanelli pointed out
that he was asking for more than had previously been approved and was thus himself
bringing about the need for further approvals. She then inquired as to Mr. Neale's
future intentions, and he said his son's half of the property would not be developed
for years, and Mr. Neale wished only to build seven units on his half. Acting City
[~nager then added that the property was not currently developed, but it was expected
to be subdivided. No one further appearing to speak, the public hearing was closed
at 9:01 p.m.
Councilmembers discussed the previously-approved density change for Mr. Morrison.
Councilmember Hlava stated that the Council had intended to limit multi-family
residential to the Village area. Mayor Clevenger said she had voted against the
Morrison application because it increased the density; but since that had been
, · 6-8/21/85
approved, she believed the Neale application should also be approved. Couhcilmember
Moyles agreed and suggested that Mr. Neale ask staff to explain the procedures to.
him. Councilmember Fanelli stated she would like to know if an emergency access road
is feasible before the application is approved.' She felt it important to require any
future development of this property to have an emergency access as a condition of
the future site development plan. Acting City Manager believed that an emergency
access could be constructed onto Walnut. Mayor Clevenger said that if the 'rezoning
is approved the triangular property should also participate in the emergency access
road. Acting City Manager said the proparty was 'probably too small to be develo[ed,
and the owners would probably not participate in the emergency access.
HIAVA/MOYLES MOVED TO APPROVE THE NEGATIVE DECLARATION. Passed 4-0.
HLAVA/MOYLES MOVED TO II~FRODUCE THE ORDINANCE 'REZONING THE PROPERTY. Passed 4-0.
C. Consideration of Amending the General iPl~n ~nd Zoning UeSignations of the
northernmost 1.525 acres of a 5,485 :acre .site from-Res~idential-Hillside
Conservation Single Family/HCRD (Maximum density of .5 dwelling
units/acre) to Residential-Very L~w ~Density Single Fa'mily/R-l~40,000
(maximum density of 1.09 dwelling units/acre) at 15480 Peach Hill Rd.
(Applicants, J. K~,edy ~nd IC Mayera) (GPA 85-2, C-219)
Acting City Manager explained application. Mayor Clevenger pointed out that at one
time the Kenhey parcel had been Very Low Density Single Family and then had been
changed to HCRD. If they had not made that change, she said, they would not have
needed t6 change back to their original zoning.
The public hearing was opened at 9:15 p.m. No one appearing to speak, it was closed at
9:16 p.m.
HIAVA/CLEVENGER MOVED TO APPROVE THE NEGATIVE DECLARATION. Passed 4-0.
HLAVA/MOYLES MOVED TO II~IRODUCE THE ORDINANCE REZONING THE PROPERTY. Passed 4-0.
D. Consideration e,f Weed Abatement Assessmont Report and m~y ObjectiOns Th~;reto
The public hearing was o[ened at 9:18 p.m. No one appearing to speak, it was closed
at 9: 19 p .m.
FANFLI,I/MOYLES MOVED TO ADOPT RESOLUTION 2269 CONFIRMING WE~D ABATEMENT REPORT AND
IMPOSING LIENS. Passed 4-0.
E. Confirmation of Report from C(,..-~nity Services Director on Imposition of
Solid Waste Disposal Lie!~s
Community Services D/rector submitted a corrected list of those on whose property
liens were to be imposed.
The public hearing was opened at 9:21 p.m. Mayor elevenget asked anyone to speak who
was to have a lien imposed on his property.. No one appeared. She ~hen asked anyone
to speak who had philosophical concerns on the subject. Dave Smith, Quito Road,
expressed thanks to the Community Services Director and the City Attorney for their
assistance. No one further appearing to speak, the public heating was closed at
9:21 p.m.
MOYLES/HLAVA MOVED TO CONFIRM REPORT AND IMPOSE LIENS AS RECOMM~D ON P~ISED LIST.
Passed 4-0.
F. Consideration of Text Amend-~nts to. f~e Zoning Ord~ ~if~ d~ftain
'" Zoning Regulations pertaining to ~ses, si~e ~e~ ~d~ssory
structures, allstance between structures ~nd setb~c~ i~ the R=I, ~4C~RD ~nd
~ Zonin~ Districts (first read{n~ (C-222)
City Attorney explained changes in proposed ordinance which had been suggested at the
· last meeting. The public hearing was opened at 9:27 p.m.
Margaret Dennis, 20201 Hill Ave., objected ~e what she p~fc~i~ed as i~creased
-coverage allowed by the new ordinance. City Atserney expbined that the incre&,]ed
coverage was for items. which were not bigPity' ~i~ble above~ gY~u~d l~vel ~uch as paths
and decks. Ms. Dennis then asse~ted that- in! ~ ~rt~ti~ cas'~ ~ b~f-b~ ~d garage had
been allowed which would not have been ~lo-wed in the past. M~yor Clevenger
7-8/21/85
explained that other factors were involved of which Ms. Dennis had not been aware in
that particular case; the proposed ordinance would require neighbors to be notified
in situations where no notice had previously been required.
Jack Christian rose to speak as President of the Montalvo ltomeowners Association. He
felt that if the permitted impervious coverage were increased, residents would obtain
variances to increase the coverage even more. He favored stronger language for
restrictions in the ordinance. Councilmember Hlava commented that in her two years
on the Planning Commission there was only one house whicb exceeded the impervious
coverage standards. She did not feel the ordinance was unduly lax.
CLEVENGER/HLAVA MOVED TO APPROVE THE NEGATIVE DECLARATION. Passed 4-0.
HLAVA/MOYLES MOVED TO INTRODUCE THE ORDINANCE BY TITLE ONLY. Passed 4-0.
G. Consideration of Amendments to the Subdivision Ordinance adding Article 5
Relating to Merger of Parcels, Article 6 Relating to Lot Line Adjustments,
Article 7 Relating to Vesting Tentative Maps, andAmending Section 21
Concerning l~s~.~,tions frcm BuildingSiteApproval (first rending)
City Attorney explained amendments, noting in answer to Councilmember Fanelli that
the Planning Commission would be considering the definition of floor area in the
future.
The public hearing was opened at 9:50 p.m. No one appearing to speak, it was closed
at 9:51 p.m.
HLAVA/CLEVENGERNDVEDTOAPPROVETHENEGATIVEDECLARATION.
MOYI~g/CLEVENGERMOVEDTO INTRODUCE THE ORDINANCE BY TITLE ONLY. Passed 4-0.
The meeting was adjourned at 9:52 p.m. to a closed session on litigation (Irany).
.Respectfully submitted,
Grace E. Cory
Deputy City Clerk