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HomeMy WebLinkAbout07-16-1986 City Council MinutesTIME: Wednesday, July 16, 1986 - 7:00 P.M. PLACE: Civic Theater, 13777 Fruitvale Avenue 1. ROLL CALL: Councilmembers Anderson, Clevenger, Moylea~ Peterson and Mayor Hlava present at 7:05 p.m. 2. CEPai~NIAL i'i'~S A. Resolution C~muend/ng Ms. Cathy Dunlap Councilmember Peterson con~lented on Ms. Dunlap's outstanding contribution to the City of Saratoga. ANDERSON/FLTZF~SON MOVED TO ADOPT RESOUJI~ON 2354. Passed 5-0. Mayor Hlava noted t_hat a new item was placed on the agenda under NEW BUSINESS, 1985-86 Appropriation Transfer Resolution. 3. RDUi'INE MALL'I'~3F~S A. Approval of Minutes Councilmember Clevenger requested a correction on page 4, fifth paragraph which should read, "She presented Councilmember Clevehger with a plaque honoring her service as mayor. Councilmember Clevenger responded that it W'dS an honor to have served, and she appreciated the opportunity to do so." MOYT.~.q/FL'I'~I~SON MOVED TO ADOPT 6/26/86 MINUTES AS CORRECi'~U. Passed 5-0. Councilmember Clevenger requested a correction under Item 2, the Minutes should read, ~4ayor Hlava presented the resolution to Miss Willlares and Miss Saucedo." City Manager requested a correction on page 4, fourth paragraph to read July 16th; Page 5 review the testimony for correcthess of the statement, "He (Mr. Young) stated that the house covered only 1/2 of 1% of the lot, ..." (Clerk's note: Examination of the tare indicates that Mr. Young said, 1/2 of 1% more of the lot would be covered than was previously covered. ) CounciLmember Clevenger requested the correction on page 7, paragraph 6 to read, "She said that that under a proposed design review revision the maximum square footage should be 6,005 because of the steephess of the slope." ' MOYT.~.q/FL'I'~2~SON MOVED TO ADOPT 7/2/86 MINUTES AS CORRECI'~]D. Passed 5-0. B. Approval of W~t List Councilmember Clevenger inquired regarding a reimbursement not listed on the Warrant List. Finance Director Shriver stated that page 11 of the Warrant List was missing in scme of the copies. She answered questions regarding the Voids noted on pages 4 and 6. CLEVE~IGER/i~T~FSON I~DVED TO APPROVE WARRANT LIST. Passed 5-0. 4. CONSENT CAT.k~UDAR A. Planning Cu~uL.~ssion Actions - Note and File B. Final Map Approval, SDR 1621, Grant Adoredor, Mendelsohn Lane (1 lot) C. Final Map Approval, SDR 1565, James Hopkins, Lc~ita Avenue (1 lot) 1 JULY 16, 1986 PAGF. 2 4. (Continued) D. Final Map Approval, T~. 7763, Dividend Development Corp., Pr~.~ect E. Resolution 2355 Confirming Council Appointments to Agencies F. Resolution 2356 Confirming Denial of Saude Appeal heard 6/18/86 G. Resolution 2357 Confirming Denial of Zicovich (Rosa~ Appeal heard 7/2/86 H. Resolution 2358 Confikming Denial of Slermnons appeal of Hwang Project: heard 7/2/86 I. Resolution 2359 Designation of Authorized Signatures of HCDA J. Acceptance and Acknowledgment of Donation to Hakone Gardens- Coleman K. Resolution 2347.1 Adjusting Budget for Hakone Foundation Ad~unce and E1 Quito Park Restroom L. Investment Report - May 1986 Councilmember Moyles requested that Item 4E be withdrawn frc~n Consent Mayor Hlava m.~quested a correction in Parking District #3/Village Plan Liaison listi~ both Mayor Hlava and Councilmember Peterson. It was also requested that the listing for the Youth C~,,~,~ssion be removed as no Cunm,~ssion has been created. Mayor Hlava stated that the i Report fr~f, the Planning C~m~,~ttee on Investments is [~stponed until t~e August 6, 1986, City Council Meeting. MOY~/ANDERSON I~DVED FOR APPROVAL OF CONSENT CATA~IIAR WI'iH THE REMOVAL OF 1'1'~/~ 4E. l~assed 5-0. MOYI.~-q/I~,T~FS~DIq ~DVED FOR AFFI~OVAL OF CONSENT CA~,~qDAR 4E AS AMENDP~D. Passed 5-0. 5. COMMUNICAT/ONS FROM CEMMISSIONS AND THE F3BLIC A. Oral Cc~nunications from ~e Public and Cu~m,Hssions Mr. Ba~o, Ca~Lno Barco, stated that every two years the Council decides what selection process will ke used for choosing a new Mayor and Vice Mayor and who will fill thes~ positions. Mr. Barco recu~ule_nded that a commission of five citizens be] formed to investigate the various methods of selecting city officials; this c~,~ssion will select the method that will best serve; the City of Saratoga. Consensus to discuss under Item 9.A. Mrs. Fred Kohler, 12091 Country Sc~ve Lane, Saratoga, stated that the pavement on the! street she lives on is in serious disrepair. The City Manager will send[ a maintenance ~ to review the situation. Mr. Arthur Sle~,mons, 19655 Redberry Drive addressed the action taken on the Hw-~ng property and stated the !following: - The Hwang property shows a 35% slope which is in violation of loc~hl - Mr. Peterson 'voted as a Plating Cun~issioner and as a Councilmembea~; this. is incorre-~t procedure according to Robert's Rules of Order. - The Hw~ng Application is not a ~%~l~hip case. - The City Council did not give full consideration to the definition of perception of balk. - The Applicants should be denied their request reqarding the specific placement of the house on the probetty. JULY 16, 1986 Pi~/~E 3 5 (Continued) B. Written C~LULLUniCatiOnS frcm the Public Letter fiULLL City Of MOnte Sereno urging Saratoga to participate in KCAT. Mayor Hlava s~L~L~rized the rationale for rec~Lu,ending the use Of West Valley C~mLLUnity College facilities in preference to MOnte Sereno Or Los Gatos facilities. The Mayor also stated that because the City of Saratoga has a franchise fee of 3% of ~uss revenues, the City does not have the ongoing revenues to support quality local origination of television programming envisioned with the separate KCAT station. ' The Council, however, is interested in making available to the public this special programmir~; because West Valley College offers full television facilities, the Council wished to utilize this facility rather than duplicate existing facilities. Councilmember Moyles will meet with Monte Sereno representatives. 6. OLD BUSINESS A. Discussion' of Policy Advisory Board Motion Made at 6/25/86 Meeting concerning Route 85. Mayor Hlava reported the information received from the 1985 and 1986 Design Profile and the discussions that occurred at the west valley cities Managers and Mayors meeting. She stated that the legal issues discussed included the request by Monte Sereno, Canpbell and Los Gatos for a c~u~,~tment that the 46-foot median will not be used for additional lanes and that consideration will be given for some form of public transit. Monte Sereno and Los Gatos Concurred that one of the most important issues is the Concept of interchanges; it is imperative to their traffic flow to have an interchange at either Quito or Saratoga Avenue. Finally, Cupertino requested that the interchange at Rainbow Drive be elevated; elevation at this juncture seems unlikely since the freew~y will be depressed in the Saratoga area. City Manager clarified the distinctions between the base profile and the proposed profile; namely that the base profile is the freeway Configuration shown in the DEIS and the proposed profile includes the changes in Configuration by adding the Saratoga alternative and the depression through the Cambrian area of San Jose. Councilmember Anderson stated that Counci~ Lu Rydan favors depression of the freeway in the San Jose area; Cupertino also favors depression with the exception of the elevation at the Rainbow Drive interchange. She proposed that the freeway be depressed in all neighborhood areas. The Route 85 Policy Advisory Board (PAB) rec~Lmendation was reviewed and conclusion reached as follows: A. Consensus reached for six lanes~ two to be for c~nuLLuter Use. B. Councilm~_r Clevenger stated that she does not support the 46-fCot median; she may Concede this point in order to reach Consensus with other cities. CounciLmember Anderson Concurred that Transportation 2000 does not appear to be dedicating the Corridor frc~ Hwy. 17 to Hwy. 280 to mass treulsit; this Concession, if made, should be for the benefit of reaching consensus with other cities. Figures from San Jose Public Works were presented to show the affect of the p=uposed interchanges on the various cities. Councilmember Peterson stated that he is unwilling to tie the 46-foot median to other conditions; the interchanges require further study. Councilmember Moyles stated that the City of Saratoga needs to make clear that it is conceding points in an effort to reach Consensus; this would be one of them. Concessions would be made upon Consideration by other cities of the needs and preferences of Saratoga. Mayor PLlava stated that depression of the freeway is a priority for her. JULY 16, 1986 PAGE 4 B (Continued], Council~mnber Clevenger expressed her concern regard/rig the erosion of Saratoga ' s negotiating power. Counci~ Peterson sugge~-ted that the: Council agree upon the oonditions that would warrant concessions of the 46-foot median. He cuam~nted upon the differen(~s of opinion ~in the ~:~unity. Mayor Hlava c~n~ente] on the larKi use issue and the possibility that Saratoga may be required to acce[fc high density housing; the building of a light rail system in Saratoga will result in increasing pressure on the ci~ to provide high density housing. Councilmenber Anderson suggested 'that neighbol~lood groups all ~lcng the corridor will denand dopression of the fr~.~ray. Councilmenbet Peterson is agreeable to either the 46-foot or the 22-foot! median; he. is concerned that the 46-fcot median wj_ll result in a demand for 8 freeway lanes in a few years. Cons~; reached on the 46-foot median only in areas slated for possible transit use. C. Counciln~m~er Clevenger questioned whether the provisions of C. will in fact ensure 8 lanes. Mayor Hlava stated that there is no purpose in building a freeway that has interchanges and bridges that are too small t~ aco~L~cdate existing needs. Councilmember Clevenger o~Lented on the limited dollars available and the decisions 'that will k~; made on priorities for this discretionary money. Counciln~m~ber Peterson stated that if the city promotes a 22-fcot median euld does not support light rail for this ares, then item C. is a gj.ven. Coucilmember Anderson stated that she does not wish to see an inferior freeway built due to lack of adequate funds. The Mayor s~ted that the conclusion of this discussion is that the City will ac~Bpt the 46-foot median in the San Jose portion of the corridor where the light rail system will likely be installed; in the CuE~,/tino, Los Gatos~and Saratoga portion of the corridor, tilere is no justification for{ installation of the light ra~l system. The Council acknowledges that this may involve extra cost; the Co~ncil recognizes that depression of the freeway in the City of Saratoga (as well as in other !neighborhoed areas) will also reqube extra cost. [~,.pression of the freew~y in the saratoga area is of pr]/nary importance. consensus', reached on the design of all interchanges consistent with modification of point "B." above. D. consensus. reached on the design of freeway-to-freeway interchanges; with the exception of i the possibility of added costs, these interchanges will not affect Saratoga. E. Mayor Hlava stated that the Council has questions regarding the terms "appropriate" and~ "noise attenuation". She cited the City Manager's analysis on noise attenuation. Councilmember Anderson raised the issue that noise attenuation will not be possible without ~totally depressing the freeway. The Policy ~avisory Board (PAB) wins suggested as the appropriate vehicle to negotiate this issue. Councilmenher Anderson noted that noise attenuation will be sought by residents all along the free~ay corridor; this will be8 an issue that unifies the cities through neighborhood interventionj Mayor Hlava noted that~ one-half of the 11.6 miles of the free~ay passes through residential areas. Councilmember Moyles favors the _uSe of 'the word "appropriate" and feels that more specific terminology 'negates the flexibility of Saratoga to negotiate agreements, places unnecessary financial burdens on the project, and raises the issue of extending the sales tax. He stated that Saratoga's position of ]asking for depression of the freewmy was rela~ea to noise attenuation; this wins asked for in January. As long as depression is ~lated to DBA Staraavds, this request is on solid 9=uund. JULY 16, 1986 PAGE 5 E. (Continued) City Manager stated that his concerns are whether a desirable sound level .. can be achieved given the p~uix~ed methods of sound mitigation. A 60 DBA might be achieved if trucks ere banned,' sound walls are installed and the freeway is depressed. He stated that an increase of ~ore than 5 DBA equals a change in the environment. Councilmember Moyles stated that the Policy Advisory Board will not adopt DBA standards. He stated that his point of view is that Saratoga will have to conform to the national standards for freew~ys. Consensus reached on the wording of Item E. F. Consensus reached on Item F with the understanding t_hat there be sufficient walkw~ys and bridges ever the freeway to accu~Lmcdate pedestrians and cyclists. G. Consensus reached on Item G. 2. Consensus reached on Item 2. 3. Councilmember Clevenger expressed concerns regarding this provision stating that it may invite more c~amercial use with the resulting traffic. Council/nember Mcyles concurred end stated that he feels that it is inappropriate for the Policy Advisory Board to establish land use policies; the Policy Advisory Board w~s established by CalTrans to provide consultative services on the corridor. The low density of Saratoga does not create a problem and he favors non-involvement on the part of Saratoga regarding this item. Conse reached on Item 3. Mayor Hlava stated that the final issue W'dS acquirir~ the sources Of funding and the purchasing of the land before construction begins. Councilmember Moyles raised the issue of the sequencing of construction of the freew~y; CounciLmember Peterson felt that construction between Stevems Creek Boulevard and Hwy. 17 should be one link in the buildir~ process. Councilmenbet Clevenger stated that the digging of the corridor and the ~ of soil almost ensures a depressed freew~y. Councilmember Moyles stated that he remains uncertain regarding terms in 1.B. such as "guarantee", "inter~evernmental" and "appropriate." Mayor Hlava stated that the difficulty is that there has not been an endorsement of the 46-foot median and thus, other decisions that hir~e upon the median are difficult to decide at this time. Mayor Hlava proceeded to public hearings. 8. FJBLIC HEARING A. Ordinance amera~ng the Zoning Ordinance to establish a Planned Development Zoning Classification allowing multiple uses on a single site having such designation pursuant to a PD permit (first reading) City Attorney reviewed the proposed Ordinance; the City Manager had also submitted a memo on this subject. He stated that the fundamental issue of this item is the mixture of uses in the district and sets forth guidelines for these Uses. The process of obtaining PD approval represents a combination of sits approval, Use Permit application and design review. The City Attorney outlined the procadure for hearing this item and stated that a Public Hearing was required at the time of initial approval. Mayor Hlava stated that a study session would be desirable; Councilmember Clevenger concurred. JULY 16, 1986 PAGE 6 8.A. (Continued) The Public He~/ng ~as opened at 8:54 P.M. Mr. John E." (]~ert) Tcevs, 13120 Via Madronas Drive, Saratoga, acknowledged that both the- City Council ahd the Planning C~tu,.{ssion have been kind to the senior citizens in the am. Mr. Toevs represents the Saratoga .Area Senior Coordixmting Council. ~He presented a statement "A Continuir~ Care Retirement 'C~mmmity for SaratccFa". Mr. Tcevs cited facilities in several other cu~unities that are similar to the proposed project for the Cit.~ of Saratoc/a and eulswered questions! ~uK~ CounciLmenhers. Mr. Don Sk/nner, PMC Associates, stated that he has been ~loyed by the Paul Masson Winery to work with the city .to develop a PD Ordinance. He stated that in numerous planhing sessions city officials had worked very ~ to accon~01ish this goal. Mr. R.E.' Kaufmann, Senior Coord/nating Council Building Cun~,~ttee, stated that approximately 200 units were needed to make this project financietlly viable; less units will not provide the level of care desil-able for c~,u'l'lunity. This project has in mind quality living apartments for retja:ed citizens of Saratoga. In response to Councilmember Peterson's question Mr. Fa~ ;stated that th~ average size for the units is 1200 sq~re feet, with 250 to 300 units; this amounts to a 40% coverage and will req~e a 10 acre minimum. Councilmember ].~terson clarified the 30% property guideline stating that the Planning (iunu~,~ssion did not want to see more than 1/3 of the 26 acres devoted to ser~Lor citizens. However, the Planning Cu~,~ssion did not know at the time of their discussions how many units would be necessary to make this project e~onomically viable; the Cua~,~ssion would review t~_se figures in the light of the' information provided by Mr. Kaufm~nn. Councilmenher Clevengar suggested a 50% property guideline. Councilmember Clevenger stated~har concern regarding the use of up to 50% Of the property for senior housing. on the MenDE regarding the Planned Development Ordinance,I Allowable Mixed Uses, Senior citizen housing will be raised frcm 30% to 50%. Consensus reached. CounciLmenbet Clevenger stated ~ that she did not wish to support Hotel or Motel use. She also favored continuation of Office use since this category represented such a small percentage of the project. Items on the Planned Development !Ordinance were then taken in order. - on Purposes of Article the Council wishes this section to be summarized. - on Allowable Mixed Uses: Consensus reached on "Senior Citizen Housing"; this figure will be raised to 50%~ Councilmembers Clevenger, Anderson and Moyles favored deletion of Hotel or Motel use ~tegory. Mayor Hlav~ favors both Retail and Offices within the Manned Development. Consensus reached on allowing 15% of Retail and 15% Office Consensus reac~ed on adoption of the proposal submitted by the City Manager in a ~mo to the Counci!. - On Sits Densj.ty Guidelines: ~Councilmember Paterson explained that the term "Guidelines" was used~ by the Planning C~mtdssion to give the Ordinance fle~'ibility. The term "Standards" would not have accu~,~lished this puri~se. The City Attorney clarified the difference in procedure required for m ifying guidelin es to m ifying standards and stated that the processes for each are different. The Plann~j C~u~dssion wishas to avoid the Variance Procedure. JULY 16, 1986 pAGE 7 8.A. (Continued) Councilmember Peterson feels Office should be included as a Use, possibly located n~ the railroad and/or the freeway, to function as a buffer for the rest of the p~uperty; Retail can be utilized as a corollary Use for other possible types of Uses c~lly. - Consensus reached that the Floor Area Ratio for Office and Retail use be set at .23 - On Site Coverage: conse reached that the project density equal 20 units per acre, inclua~ng the senior citizen bonus, and 60% coverage. - On Setbacks: consensus reached on 30 foot setback frcm property line for one story buildings, and 50 foot setback from property line for two story buildings - On the Concep~,~l Development Plan: City Manager questioned the rec3,4~ement in (1) of the ConceUb,~l Site Plan for detailed scale drawings of b,~ldings proposed. This entails significant labor and cost for initial plans. He suggested that a more appropriate requirement would be to ask for the proposed style to be submitted in the application for consideration by the Plannir~ Commission; Mayor Hlava concurred. Councilmember Peterson suggested that this approach may have been the intent of the statement. - Consensus reached that Item 11 in the Final Development Plan be moved to the Conceptual Development Plan. Delete the phrase '~hen requested by the Planning Director," and number this Item 13. - On Final Development Plan, Items 12, 13 and 14 will be rewritten to reflect that they are reports submitted by the Staff along with Other environmental reports re~,~ed. The City Manager stated that these items are part of the Environmental Review Process. - On item 20, addition of a statement that anything approved in the Concep~m] Development Plan must be submitted for final approval. - On (c) Fee, add a section stat~ that the environmental studies will be paid for by the applicant. - The title of this Ordinance will be Multi-Use Planned Development. The Public Hearing was closed at 10:05 P.M. This item will be reviewed by the City Council on August 6, 1986. City Attorney to rewrite the proposed Ordinance in final form for introduction at that time. Eo~AK: 10:15-10:27 P.M. 6. OLD FJSINESS (Continued) B. Request for Deannexation or Razoning - Cypress Properties, northwest Corner of Saratoga Ave. and Lawrence Expressway. Planning D/rector Hsia stated that the main issue is that the Applicant owns 1.8 acres of land of which 1.43 acres is located in the City of San Jose and .41 acres is located in the City of Saratoga. Of four suggested options, Staff rec~m~ellds option 2, "Amend Zoning Ordinance to allow parking lot as conditional use in residential zone." Planning Director Hsia requested a modification of the Staff Report to allow Staff to accept an application for a zoning change f~L the applicant; the applicant will bear the cost of this zoning change. JULY 16, 1986 PAGE 8 6.B. (Continued) CLEVEN'~M/ANDE.~cON MDVED TO DENY THE REQ~_ST OF DEANNEXATION FRCM THE ciTY OF SARATOGA ~D TO DIRECT THE STAFF TO ACcEPt A REQO~ST ~ THE APPLICANT AND TO PREPAE~ AN E TO ACCEFT A PROPOSED OC~MERCIAL PARKING LCT IN A ~ESE ZONE WiTH A CONDI'I'IONAL USE P~{~IT AND UNDER SPECIFIC COND. LTIONS, . WITH A NEGOT/~ SHARE OF ANY TAX REVENUES. Passed 4-1, Councilm~r Moyles opposed. 7. NEW ~3SINESS A. Authorization - to Advertise Parks and Recreation C~l.~assion Vacancies. Mayor Hlava -~tated that thei terms of three members of this expire in Auc. mst; these vacancies will be advertised in accordance with existing City policy. Applicants will be interviewed and those not chose will be put on a list to serve in other capacities. . B. Report on fh~nge in Procedure for Collection of Delinquent Gal~Dage Bills. Mr. Dennis Varni, Green Valley Disposal Co., stated that Green Va/Lley Disposal Co. was seeking Council approval to change the manner of collecting payable accounts. He reviewed the current system of cellecting accounts and stated that the mandatory service requirement is ~so contributing to the difficulty in collecting accounts. The new system is based upon a deposit being required on all new acc~mts and any accounts with delinquency problems; one full quarter cost: of service will be req~ed as a deposit. Upon cc~pletion of one yea/. of p~u~t payment for services rendered, the deposit would be returned. The Applicant feels this system will be much more effective, and recommends approval the:[ by the Council. The City Attorney asked the Council to consider extexiing the Staff Report one step further, addressing ~the issue of current accounts that ere overdue and a311ewing Green Villey the right to discontinue service to these accounts. ANUERSON/MOYTF-q MOVED TO APPROVE A CEANGE IN DEI,TNQUENT GARB~EE BiELL COLLFCTION PI~X~a/3RES; STAFFi WRS DIREui'Eu TO REVISE ORDINANCES AND IMPLEMENT NEW DEPOSIT SYSTE~ 8PROFOSED BY GREEN V~T.T,Ry DISPOSAL CC~4PANY. Passed 5-0. C. Year End 1985-86 Appropriation (Addition to the Agenda) The City Manager stated that ~ the Finance Director has reviewed the accounts of the preceding year and transferred money between accounts as needed. The Council was asked to adopt a Resolution amending the budget for the purpose of closing the bdoks. MDYLK~/~.,i,~{SON MOVED TO ADOPT RESOLUI~ONS 2241.23 AND 2241.24 AMENDING THE 1985-86 BUDGET FOR THE I~JRPOSE OF CIDSING THE BOOKS. Pas~ed 5-0. a list of suggested dates The City Manager submitted for ~he Council to r~t with various groups, which was amended .and approved. JULY 16, 1986 PAGE 9 9. CITY COUNCIL ITEMS A. DiScUssion of Oral CuL~unications not referred to staff No interest was expressed in Mr. Barco's suggestion concerning a ccemission to study a system for rotation of the mayor's position. -._ B. Reports from Individual Council Members Councilmember Clevenger stated that there are complaints frcm visitors to the HE(one Gardens. The wildlife is ruining the appearance of the Gardens; this was not a problem when a dog ~as used to patrol the Gazdens. Use of a trained ~d dog is expensive and would need about a year's training to be used to keep wildlife away from the garden plants and trees. Use of a fence around the gardens would allow the caretaker's dog to patrol the area without danger to the public. Alternatives need to be evaluated and the Council needs to consider these options. Councilmember Moyles stated that cost will have to be evaluated carefully and he volun~-ered to be involved in the evaluation of this situation. 10. AEIIOURNMENT at 11:15 P.M. TO CLOSED SESSION to discuss- meet and confer issues with the Saratoga Employees Association and to discuss litigation of the Quarry Road problem. Meeting was reconvened at 12:14 A.M. with all members of the City Council present. The City Manager w~s instructed to meet and confer with SEA within the guidelines established by the City Council. The City Attorney was instructed to proceed with settlements over the ~ry Road litigation as suggested by the City Attorney. Respectfully suhnitted,