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HomeMy WebLinkAbout05-07-1986 City Council Minutes / MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, May 7, 1986 PLACE: 'Civic Theater, 15777 Fruitvale Avenue TYPE: Regular Meeting 1. ROLL CALL Councilmembers Joyce Hlava, David Moyles, Virginia Fanelii, and Mayor Martha Clevenger present at 7:03 P.M. Counei~nember Callon absent. 2. CEREMONIAL'iTEMS 3. ROUTINE MATTERS A. Approval of Minutes April 16 Minutes Ap roved as amended on.p. 4 to elari£y that Couneilmember 1 coment re~rred to design review. · Moy es' B. Approval of Warrant List storm drain ApProved-with~dele~ion of above check. 4o CONSENT CALENDAR I - CLAIMS A. Planning Commission Actions - Noted and Filed B. Heritage Preservation Commission Actions - 4/2, 4/1~ - Noted and Filed C. Resolution 2334 Authorizing Destruction of Certain City Records Adopted. Passed 4-0. D. Pinal Acceptance for SDR 1480, K. Daniel Approved. Passed 4-0. The Council requested items E-H be removed from the Consent Calendar for Oiscussfon° (See below) I. Construction A~ceptance on Tract 7580, Verde Vista, Pinn Approyed. Passed J. Encroachment permit for Samuel Cohen Approved. Passed 4-0. K. Attendance b Volunteer at Earthq!~a]~e Pre aredness Semj_nar - Approved. Items E-H were Fiscussed and approve~ separa~ly, E. Financial Transactions Report - March Discussion was held about the significance of the reported numbers. Councilmember Moyles would like more comments from the City Manager. He would like conclusions in a paragraph that wraps it all up for him~ Approved. Passed 4-0 F°Treasurer's Report - March Noted and Filed City Council Summary - 5/07/86 Page 2 8. Investment Report - March Noted and Filed. H. Resolution 2555 cancelling P~nal Building Site Approval, SDR 1568, Pierce Road'(E. Ferhatbegovic) Resolution 4~2555 cancelling Final Building Site Approval was adopted. Passed 4-0. 5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. Oral Communications from the Public and Commission Jim Russell spoke in support of a West Valley football program. He wants to keep the athletes in Saratoga. Mayor Clevenger clarified that West Valley College is trying to get one afternoon game at West Valley next fail. The Mayor thanked him for coming. Brad Daniel verified Mr. PerhotbegoviC has improved his property without ...City requirements. Mr. Daniel was particularly concerned about the _ utility pole. Most of Mr. Ferhotbegovic~s improvements have been made, and he has done the improvements without City requirements, and Mr. Daniel lust wanted to explain. B. Written Communications from the Public Consensus to approve staff suggestions. #1 Letter from Bert Martel (See attached memo from Community Services Director) Received and filed. #2 Letter from Loren C. Ski~nner about 'Santa Clara County Recycling. Acknowledged and filed. : #3 from Margaret Dennis expressing concerns on defecating dogs and noisy air blowers. Acknowledged ~nd filed. 6. OLD BUSINESS Proceeedings in connection ~ith Landscaping and Lighting District LLA~I (existing). Adopted Re~olutions 2550B of preliminary approval of Engineer~s ~eport .and Resolution 2550C of I~tention to order Levy and Collection of Assessment setting hearing ~or June 4. Passed 4-0. B. Proceedings, in connection with Landscaping and Lighting District LLA-I (annexation) Adopted Resolution 2~51B of~Preliminary Approval of Engineer~s Report and Resolution 25~IC. of Intention to Order Annexation of Territory to Existing Assessment District and the Levy end collection of assessments setting hearing for June 4.! Passed 4-0. C. Award of Contracts for ~ongress Springs Park Improvements and Restroom/Concession Stand. Dan Trinidad reported on bi~s. He would lii~e to begin the project June 1 so constru~:tion on the bail]field can take place between little league and soccer,. Mayor Cleveng~r feels that the architect used poor .~udl]ment.~_n estimating cost lof the contract. Discussion was held abou~ various c~tions such as construction of the bell ~field only and the effect of such options. on the ~ ~tate's contribution. The City council awarded contract to Cagwin & Dorwa~d at $363,446.4]. and K. J. McGranahan at $145,414. Passed 4-0. Staff w~s ~irected to ensure that the parking 'l~t for Congress Springs Park was cc~pleted before the beginning of soccer seasen. City Council Summary - 5/07/86 Page D. Consideration of Allowing New Second Units in the R-1-10,000 District ~tinued to next meetin , Hay 21, at Couneilmernber'!.Fanetli~s request on alf of Councilmember ~allon. 7. NEW BUSINESS A. Request from Heritage Preservation Commission to relocate Saratoga Fire Belt if Saratoga Firemen's Social Organization disbands. If there is any cost, the Heritage Preservation Commission will use funds from their house tours. Councilmember Fanelli clarified that there were no limitations on how the Heritage Preservation Commission spent their funds. Discussion was held that if the Saratoga Firemen's Social Organizations breaks up, or if they want to move the bell, the Heritage Preservation Commission will take care of the bell. At that point, it would belong to the City, City Manager clarified that the Commission does not control the funds from their events. Their receipts should be accounted for separately in the records of the 'City. The actual authorization to expend funds has to be from the City Council. To that extent, moving the bell should be a budget item and should be approved by the City Council rather than through'a checkbook. City Council directed Heritage preservation Commission to submit proposal from a legal standpoint of ownership/responsibility/costs etc. B. Reques~ from City of Sunnyvale Concerning Support for Water District in undertaking Cleanup of Underground Fuel Tanks. The City Manager stated we have inadequate resources in this area to deal with a toxic waste program. The City Managers and County Executives have tried to come to a resolution in dealing with this. The group feels we need one agency with expertise to deal with this complex issue. The one agency identified was the Water District because of their expertise and jurisdiction county wide. Councilmember Fane~li would like more information on increased staff and costs. Councilmember Moyles wants more information about Saratoga's contributions and the scope of the program, it duration, and reporting levels. Consensus was that 'the Council was interested in cooperating, but would like to get more information. C. Selection of City Auditor for 1986, 1987 and 1988. .Appointed Ernst and Whinney as independent auditors, Passed 4-8. Proposed Change in City's Investment Policy Discussion was held about liquidity, sales commission, discount rates, profit of CD's, 8NMA's, and LAIP's. Since the Financial Committee will meet with the City Council on May 29, the matter was referred to Finance Committee. , E. Request from P~a~i~g Commission for Moratorium on Antennas Council directed City Attorney to prepare urgency ordinance pursuant to Section 36954 of the 8overnment Code to prohibit any radio antennas as accessory structures, other than those which are attached to a roof, and not extending over 25' above a roofline. Passed 4-0. F. Letter from R. and L. Rossen requesting measures to reduce speed at intersection of Farwell Avenue and Wild Oak Way. Council denied request for stops$ authorized more frequent traffic enforcement. Passed 4-0. City Council Summary - 5/07/86 Page 4 8. PUBLIC HEARINGS A. Appeal of F'lanning Commission denial of variance request for northwest corner of E:ig Basin Way and!Third Street to allow 15 substandard parking spaces where approximately ~69 spaces are required and to allow no off-street loading facilities where one is required, and design review request for a new parking d~ck which became moot when the variance! was denied (J. and H. Brozda)(V~720, A-1165)(continued from 4/16) The continued public hearing was opened by Mayor Ctevenger at 8:15 P.M. Mr. Doug Adams, Attorney for the Brozda's, stated that Brozda's find the project feasible. They therefore offer that the subject property become a part of parking AsseSsment District #5 and that a contract be proposed by the City of Saratoga.' The Counci]. discussed parking spaces at langth and alternatives for the Brozda's. Mayor Clevenger is in favor of the parking deck. She stated there are no trees that would have to come down, and it doesn't interfere with anyone's view. Mayor Clevenger wants a stairway connecting to the parking lot below. Councilmember Hlava doesn't!want the deck and especially doesn't like it 48 ft. above the ground. She would prefer that the Brozda's join Parking District #5. Councilmembe~ Moyles doesn't care for the deck, and Councilmember Fanelli is nO~ in favor of the deck. She did !state, however, that it would yield 5 parking spaces and perhaps we should leave it up to the Brozda's to ma~e a choice. The City manager stated staff did not have a problem with~the Brozda's making a choice from a practical standpoint.. However, the B~ozda's would have to come up with 27 spaces in the Parking District. COuncilmember Faneili stated that she felt the matter could move more quickly if we did not have to worry about the deck. She feels it would be advantageous to the City and the Brozds's if the Brozda's made the choice. The City Manager suggested ~hat we peruse the condi'tions and bring it back to the City Council fo~ review. City Council approved it in concept with direction for staff to!prepare a variance with conditions discussed: The City will provide an opportunity for the Brozdas to buy into Parking District #3 and buy'the 27 spaces needed with a staircase to the parking lot belOw, to,be reviewed b~ staff as a possible 9ondition to improve ped- estriancirculation. B. Development Options for City-Owned property at Cox Avenue and Saratoga-Sunnyvale Road. Jerry Kocer, 12855 Saratoga~ Sunnyvale Road, stated he represented several neighbors who don't want commercial development from the railroad tracks south towards the center ofj the city. He also stated we have nothing to brag about for visitors en[ering from the north. The City is very aggressive about landscaping, tree planting, flora, and this is an ideal challenge to show what.the ~City is capable of doing to beautify this approach. he stated this is the last piece of land that can be developed as a park and that the responsibility rested on the Council. James Magill, age 8, presented a petition signed by 68 people who would like to see a park instead{of an office building. He stated that there are a lot of people who li~e walking around in a park. Linda Sayre, 12664 Wardell.Court, would like to see a park. Fred Zilmer, 12618 Wardell:Court, lives three blocks away and would like to see a park. He definitely doesn't want to see. that creek paved over. City Council Summary - 5/07/84 Page 5 He moved to Saratoga to live in a rural community. Bea Folger, 20502 Wardell Road, lives across the street from the subject property. She stated we are losing sight of why the City did the study. The City needs the money for other projects and would like to see the City make it residential and get it off the books. Karen Anderson, 12881 Seagull Way, stated it would be a great location for the Warner Hutton House. Brad Daniel, 12881 Pierce Road, lives 5 houses up from the intersection. He can ~ee parking lot lights ~rom Safeway now~ and he feels he would have the same problem if the property became commercial. He would like to voice opposition to making it commerical. Councilmember Fanelli stated the City made a commmitment o~ using this property in order to gain some revenue. She also stated she doesn't feel it is the best site ~or a park and it is a site from which we can get revenue. Two options include hotel2and office buildings. 'Councilmember Hlava feels the City has already taken the action in the general Plan, and she, too, feels it is not a'very good location ~or a park. She wowuld prefer to sell the land outright. Councilmember Moyles stated the need ~or parks is a good quemtion. The Parks Commiseion reviewed this land ~or a potential park and ~elt the City should let this location go in favor of other locations. Councilmember Moylee would like to sell it and develop it for residential use. Mayor Clevenger summarized that the City Council looked at this property as a potential park a year ago. At that time, the City Council decided there was not enough support in keeping this location as a park. Mayor Clevenger's firet choice ~or this property would be residential development o~ this land, in conjunction and in concert with the adjoining piece of property. She aleo wants to preserve the beauty and open space of.the land. Consensus was to get more information: topography maps, outside assistance, layouts$ etc, Staff to report back to Council on this matter by June 4, 1986, meeting. TNe City Council took at break from 9:21-9:59 P.M. C. Amendments to the Zoning Ordinance to (1) allow for the possibility by use permit of additional horses in the R-1 zoning district similar to those allowed in the equestrian zones: (2) eli.minute design review requirements for second story additions when no exterior changes are proposed other than skylights: (51 restrict building on slopes -exceeding 40% in the C and R-M district; (4) allow ~or th~ possibility by variance o~ building on slopes exceeding 40% in the R-i, C and R-M districtsl (5) allow the conditions on temporary use permits to not be mandatory; and (6) allow no more than 4,000 sq ft. o~ land to be fenced in the NHR and HC-RD zoning districts unless an exception is granted. (C-2~5)(~irst reading). City .Managez;~z_ec~ml~lP_nd6<t:ifJqei proposed ordinance making technical changes to the zoning ordinance except for 'the section relating co ~he keeping of horses in non-zoned horse. zones~ CounciLmember Fanelli expressed concern about the shrinking number Mayor C]evenger opened the public hearing at 9:45 P.M. " Councilmember Fanelli stated many people moved here because of the ruralhess of the community, and we should try to preserve it. Discussion was held about exeanding the equestrian zones and fencing in general. It was a eed. Eha 'e h rsekee ' isle and e encing issue City Council Summary - 5/07/86 Page Council approved Negative peclaration and introduced ordinance wittt. amendments 2, 3r 4:~ and. 5. Cguncil deleted amendments 1 and 6, 9. CITY COUNCIL ITEMS A. Discussion oF Oral Communications not referred to None B. Legislative Items (1) Adopted Res~'2336t supporting Proposition 47. Passed 4-0. (2) Memo from City Manager concerning support for AB 3554 (Hauser), opposition to SB 2475 (Vuich), and opposition to AB 4588 (Wright). Directed staff to communicate with legislators in accordance with memo. 0.Appointment of Councilmember ]Panelli as City liaison member Steering Committee for Italian-American Committee to celebrate '.~ 40th anniversary of rounding of Italian Republic ApproVed appointment of Virginia Fanelli. D. Reports from Individual Councilmembers Mayor Clevenger presented basket gift from our sister city in Japan. Virginia Fanelli presented a~vase from our sister city in Japan with City Council signatures design. 10. CLOSED SESSION ~ Meeting was adjourned to litigation session at 10:25 P.M. to disc~iss rubbiF~'l rate negotiations with neighboring cities under the joint rubbish fremchise. Respectfully sUbmitfled,'