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