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HomeMy WebLinkAbout05-21-1986 City Council Minutes TII~: Wednesday, May 21, 1986 PLACE: Civic Theater, 13777 Fruitvale Avenue T~PE: Regular Meeting CLOS~ ~I~ - Peril - 5:~ p.m. ~mcil ~e~ing R~, City ~11 1. ~nag~n~ ~ensa~ion ~ ~t'~ - 7:~ p.m. ~cilmem~rs Callon, F~elli, Hlava, Moyles and Mayor Cleve~er present at 7:05 p.m. A. ~l~i~ G-~.,~i~ ~y K~ ~e Council adopted Resolution 2337 commending Kathy for her'years of dedicated se~ce to the City of Saratoga. Pass~ 5-0. A. ~pm~l of ~n~ - 5~7 ~mcilmem~rs requested removal of "as a result" from item on check remov~ from Warr~t List; addition of "in estimating cost of contract" from Mayor Cleve~er's remark on architect's ~r jud~ent in Item 6C; addition of directi~ to ensure that ~ngress Springs ~rking lot is c~lete ~fore soccer season ~gins in It~ 6C. M0~/~VA MO~ ~ ~0~ MI~ ~ ~. Passed 4-0-1 (Callon abstaini~ ~use she had not attended the ~eting). B. ~pm~l of ~t List Councilmember Fanelli requested clarification of warrants for General Services, ~ications ~st, and ~ry Jo Rei~ardt, ~nutes Clerk. ~VA~ ~ ~ ~0~ ~ W~ LI~. Pass~ 5-0. A. Pl~d~ C-'-,~,,;ssi~ ~ti~, 5~14 - Noted and fil~. B. Meri~e ~ese~ti~ C~,~,~ssi~ A~ti~, 5~7 - Noted and filed. C. ~lic ~ety G,,,,,~ssi~ ~ti~, 5~12 - Not~ and fil~. D. ~di~ 71.4 ~i~ ~e ~ ~d]~ ~ 1) el~i~ d~i~ renew requirements for second story additions when no e~erior changes are pro~ o~r ~ s~l~; 2) r~trict~ ~il~ ~ slo~ ~i~ 40l in the C and R-M district; 3) allow for the ~s~i~ility by variance of building on slo~s exceeding 40~ in the R-l, C ~d R-M districts; and 4) ~1~ ~e ~iti~ ~ ~a~ ~ ~mi~ ~ ~t ~ ~ (s~ r~i~ (C-233) Item D was remov~ from the ~nsent ~lendar for discussi~. ~ter the discussion, it was adopt~ 5-0. E. ~sol~i~ ~-166 ~lishi~ S~ Si~ ~ Ei~ A~ at Fo~ St. ~ a~ ~ Vi~ ~ive - ~d~. City Council Minutes - 05/21/86 Page 2 F. Resolution Adopting ReVised Job Descriptions for Planning Positions Resolution 85-9.68 adopted. G. Resolution Adopting Pay Schedule for part-time Temporary Employees Resolution No. 2558 adbpted. COUNCILMiEMBERS FANELL~I/MOYLES MOVED TO APPROVE THE CONSENT CALENDAR. PASSEDS-O. 5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. Oral Communications from the Public and commissions David Taylor, Student Body President, West Valley College, spoke in support of a one-time, day football ga~e to rally enthusiasm for the team. Ramifications of the use permit and C to the ouncil. B. Written Communications from the Public ~1 from Miles Rankin concerning proposal for route 85. Received and Filed ~2 from Linda Sayre favo>ing curbside recycling program. Acknowledged and filed. ~5 from Seonaid Bielinski requesting not to be reappointed as Heritage Commissioner. Received and filed. Counc~ilmember Hlava was concerned and wanted to investigate the possibility of a 5 member board, as opposed to 7 so that the tommitre can have a quorum with people. Councilmember Hlava was concerned that the committee" could have a quorum i~ them interim while this is being worked out. Cit~ ~ttDrn8 indicated q~_oru~. count was to be o£ aotual membe~s appointed, ot to~i~ ~ C The Council determined they would advertise the position again and the position would be filled in July (after the election). ~4 from Sheriff Robert Winter clarifying issues involved in contract policing. Received and filed. 6. OLD BUSINESS A. Request for Waiver of Annexation Rights for parcel on Belnap Road Staff recommended that City policy not be waived in this- situation. Mayor Cleveng~r wanted to know if anexation would increase Saratoga's liability for roads. Planning Director Hsia stated that we are not extending our road maintenance at all. Councilmember Call~on wanted to know if this was City Council Minutes - 05/21/86 Page 3 consistent with the General Plan? Would we be annexing the property? Planning Director Hsia stated we would have to annex this parcel because it is contiguous to our City boundary. It is consistent wih the General Plan. Councilmember Fanelli reported on her site visit and the Fire Chief's concern that the property would remain part of the county. The Fire Chief was concerned that Saratoga would not have control over fire, safety and perhaps even health problems. Councilmember Moyles asked the City Attorney to clarify conditions under which the applicant can build. The City Attorney explained: If the City was to annex solely for the purpose of taking the position we would not allow any development, there would be a problem. Conversely, if the City annexed to have some control over development and the standards we apply, that would be acceptable. Our policy historically has been if there is a legally created non-conforming lot, we will nevertheless allow development. We may apply special standards to that lot, but we will not take the position that an appliant may not build at all. The appliant's representative, Mr. John Greet, stated they did not want to be annexed because they felt the City was too shorthanded. Councilmember Moyles stated he was going to vote for the motion, but wanted to explain why to the applicant. He stated that he was concerned about fire safety. Councilmembers FANELLI/CLEVENGER moved to deny the request to waive annexation rights for parcel on Belnap Road. Passed B. Report from Planning Director on'Design Review Planning Director Hsia presented his staff reportWittlbiS factoz develolz~elit~anag(~_rlt plan. The Council praised Lucille Hise for her excellent report on the subject matter. The Council was primarily concerned about being stymied by the square footage confinement. They were concerned about whether the square footage was really the issue and if that specific requirement could be worked out with different criteria. Planning Director Hsia recommends a three member staff to review the design review once the City Council has approved the standards for design review process. Councilmember Fanelti was very concerned about the impact on the neighborhood as well as the individual property. She didn't believe that square footage was the best tool for measuring impact. Councilmember Callon felt!=tbe City should no~ eliminate square footage altogether, but stated she would like to clean it up with findings under the ordinance. Discussion was held about subjectivity relative to square footage. Councilmember Hlava stated we probably needed a separate standard for hillsides. Planning Director Hsia directed to report back to the Council with more information and an' approach to include: -(1) daylight plane requirements such as in Palo Alto (2) - requirements for smaller lots (5) emphasis on total environmental impacts in the neighborhood vs. present -emphasis on square footage £Oz the £i~st Council roasting in C. Consideration of New Second units in the R-1-10,000 Zoning district (continued from 5/7) City Council Minut - 05/21/86 Page 4 Councilmember Callon star d that nothing happened that the community expected when the City adopted the second unit ordinance. Councilmember C~llon has no problem in incorporating the R-l-10zone as long as the 1.6 dimension stays in. Councilmember Hlava agreed and stated she was surprised there were R-I-10,000 duplexes~in her neighborhood. She also stated they have never had a traffic prodlem. They predated the City's incorporation andSthe neighbors don't have a problem with them. Mayor Clevenger stated the City had the most complaints from smaller neighborhoods where people were concerned about cars parked in the streets. Councilmember Moyles stated his perspective may be biased since he lives in one of'the neighborhoods in question. He felt the values of the properties in his neighborhood are adversely impacted by multi units. He doesn't think detached units are the issue. He felt the ones that are detached are inappropriate and that there are not sufficient places to park the cars that clutter the streets. He felt the units have not been well tended in the past. He felt the absence of applications is not any reason to change what the Council has done. Councilmember Moyles stated no one has clamored especially to change the situation, and he would like to leave the R-1-10,000 alone. Councilmember Callon sta~ed that the reason we have not had applications in R-1-10~000 because it~s a restricted district; we canIt have .any. The ordinance does address parking requirements, regardless of attached or detached. In fact, she felt we can control parking better than with single family homes. Mayor Clevenger felt that there would be a parkiqg problem. · OOti~OilI~S ~2~iXlST,T,I./HLAyA moved to direct the staff to prepare an amendment to the second unit ordinance for presentation to the Planning Commission to allow second units in the R-1-10,000 zone which meet all of the standards of our.. present ordinance with a~one-year review of that particular district's activities and with a limit of 5 units during that first year~. Passed 3-2,, Mayor Cleverget and motion. D. Urgency Ordinance Prohibiting any Radio Antennas as Accessory Structures, other than those which are attached to a Roof, and not extending over 2~'above a roofline. Councilmember Callon lasked the City Attorney for clarification about the~ FCC. Mr. Toppel stated the FCC allowed cities to establish reasonable limitations, including aesthetics. The City Attorney would like to have an antenna that lower;~ when not in use. He also stated the main function of this urgency. ordinance is to put a freeze on new antennas wl~ile the City ~tudies the issue. The City Attorney read the urgency ordinance. Councilmembers MOYLES/HLAVA moved to adopt Ordinance No. 5E-21 which will be effective for 45 days an~ can be renewed after that time. City Council Minutes - 05/21/86 Page 5 The City will be soliciting input from the League and operators. Ordinadce No. 5E-21 passed 5-0. E. Consultant Services for Cox Avenue property Studies Council directed City Manager and Planning Director to select land planning consultant with the stipulation that Council wants written information provided on several firms and why we picked whoever, and what the cost will be. Consensus to do surveying in-house for quicker results. 7. NEW BUSINESS A. Revocation of Lorincz Building Site Approval Staff-expl.ained that final =approval had.been granted based~upon incorrect facts. The applicant has not met the requirements of final building r approval. Therefore the Council adopted Resolution No. 2359 revoking final building site approval for SDR-1585 and suspension of design review approval for A-1040. Passed 5-0. 8. ~ PUBLIC HEARINGS - None 9. CITY COUNCIL ITEMS A. Discussion of Oral Communications not referred to Staff Discussion was held about raising West Valley's request for a football game to a major level. The concern is .for one daytime game, no lights, and probably not a major impact in traffic. The Council stated they would keep. David Taylor apprised. Consensus from the Council for Mr. Toppel to review the zoning ordinance and report back on the use permit with no approval/disapproval decision from the Council at this time until they have more information. B. Legislative Matters (1) Letter from Assemblyman Jim Costa requesting resolution supporting Proposition 44 - $150 million water quality improvement loans Councilmembers HLAVA/CALLON moved to approve Resolution No. 2540 supporting Proposition 44. Passed 5-0. (2) Letter from Assemblyman Wally Herget requesting Resolution Supporting AB 3290 - return of preenrage of sales tax paid on jet fuel to California airports Council took no action. (5) Resolution Supporting Proposition 49 Councilmembers HLAVA/CALLON moved to approve Resolution No. 2541. Passed 5-0. (4) Resolution Supporting Proposition 51 Already passed February 5 - no action taken. B. Reports from Individual Councilmembers. Mayor Clovenget reported she and the City Manager will attend City Council Minutes- 5/21/86 Page 6 a League Meeting in Sacramento June 9 to meet with legislative members. Mayor Cleven~er also reported for Clarence Neale on low income housin~ for senior citizens. CALLON/HLAVA MOVED 1D APPROVE D~'~i~T OF PARKS AND RECREATION F~3~S FOR PARO~L A IF THE CITY MANAGER AN]) CITY ATI~d~EY ARE SATISFIED THIS IS A RENT CONTROIJ.ED PROJECT BY A PUBLIC AGENCY FOR SENIOR CITIZENS. MR. NEALE WILL PAY PARK AND RECREATION FOR PARCEL B AND STORM DRAIN b'~S ON BOTH PARCELS. Passed 4-1 (Fanelli oppoF~d). Mayor Cleven~er reported On her Poli~y Advisory Board meeting. For trucks on Route 85 which exceed 5 tons, a resolution will come back to the individual cities for. action prohibiting same. She also reported on the Anderson alternative regardinE Route 85, and a discussion was held labout the political undertones and how the 400 letters received by CalTrans should be addressed. It was agreed to agendize the letter from Brent Ventura concerning Highway 85 as communications on the June 18 agenda. Councilmember Hlava reported on MTC !and transit systems in general. She stated we are trying to get grants and into a n~on-profit situation for paratransit. Councilmember Moyles inquired as Go the status of Parking District ~3. Further information will be available once property appraisals are complete. and the City Engineer has recalculated the mmbers. Councilmember Fanelli stated she would be unable to attend the Emergency Preparedness meeting on June 5 at noOn and requested that Mayor Clevenger attend in her absence. MDYLES/CALIX)N MOVED TO ADJOURN AT 9:48 P.M. TO MAY 29 AT 5:30 P.M. Respectfully su~nitted, Harry ~eacock