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Home My WebLink About06-17-1987 City Council Minutes MINUTES SARATOGA CITY COUNCIL ~i~U~. "'" :/u.~'i'7; ';'997' 'P/_.ACE: Civic Theafer, 13777 Fruitvale Avenue, Saratoga CA ' TYPE: Regula/r Meet~n g 1. ROLL CALL: Mayor Hlava, Councilmembers Clevenger, Anderson, Moyles, Peterson present at 7:06 P.M. 2. CEREMONIAL ITEMS: A. Resolution 2427 cornmending Edwin Rodriguez as Finance Committee Member MOYLES/CLEVENGER MOVED APPROVAL OF RESOLUTION 2427 COMMENDING MR. EDWIN RODRIGUEZ. Passed 5-0. 3. ROUTINE MATTERS A. Approval of Minutes of June 3, 1987. Councilmember Peterson asked that Page 4, sixth paragraph read, "Councilmember Peterson asked that Parking District 3 be scheduled for a study session." CLEVENGER/ANDERSON MOVED APPROVAL OF MINUTES OF JUNE 3, 1987, AS AMENDED. Passed 5-0. B. Approval of Warrant List: ANDERSON/CLEVENGER MOVED APPROVAL OF THE WARRANT LIST AS SUBMITTED. Passed 5-0. C. Report of City Clerk on Posting of Agenda · Pursuant m Government Code 54954.2, the agenda for this meeting was properly posted on June 12, 1987. 4. CONSENT CALENDAR: A. Planning Commission Actions, June 10, 1987, - Noted and filed. B. CATV Local Access Policy Board Minutes, June 2, 1987, - Noted and filed. C. Parks and Recreation Commission Action Minutes, June 3, 1987, - Noted and fried. D. Public Safety Commission Minutes, June 8, 1987, - Noted and filed. E. Heritage Preservation Commission Actions, l,la~,. 6, 1987, - Noted and filed. F. Final Building Site Approval, SD 87-002, Douglass Lane (S. Ozawa, developer) G. Resolution 2428 Commending Benny pierce as California High School Football Coach of the Year H. Authorization for Volunteer to attend FEMA Emergency Management Exercise, San Luis Obispo, July 20 ~ 24, 1987. ANDERSON/CLEVENGER MOVED APPROVAL OF CONSENT CALENDAR. Passed 5-0 MEETING OF THE CITY COUNCIL Page 2 JUNE 17, 1987 5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC: A. Oral Communications from the Public and Commissions ..... Ms. ~o:m,.Hers.h2:~wit~ Ch~2:Ters_~ cf Protect Our Environment, voiced support for the ~. Mayoral rotation system ~n4 stated that the rotation system was most effective in the , . ,.-, elimina~iQn of consideration of personalities and back room political dealings. She urged Councilmembers who.supported rotation in the past to do so at this time. B. Written Communications from the Public 1. Holly,DaVies, 14478 Oik Place, requesting a stricter merger oidinance. · Consensus reached to acknowledge per the City Attomey's Memorandum of June 1, 1987. 2.. Bill Carlson, 14503 Big Basin Way, indicating Lack of desire· to proceed with proposal for changing parking requirements for restaurants in Village. :- . ~:. Consensus reached to receive, iCknowledge and file letter. 3. Marianne Swan, Saratoga Community Garden, requesting use of City-owned propert), for garden Site. The City Manager noted Parks and Recreation Commission's question whether they were to undertake a study of potential locations for the Gardens. Councilmember Petenon noted his support of the Gardens and was willing to refer this item back to the Commission for further review of potential sites; Councilmembers Clevenger and Anderson concurred. Councilmember Moyles was not favorable to CiB; support of the Gardens and felt that any recommendation made would not be germane to the conclusion he had already reached. Mayor Hlava noted that the Community Gardens maintained animals in a residential area; in additiQn, she cited traffic impacts on Crisp Avenue and suggested consideration of alternative undeveloped park lands; Mayor Hlava was amenable to a review of potential sites with the caveat that both parking impacts and concem over animals be adequately addressed. The City Attorney added that liability insurance coverage by the Gardens, including complete indemnification of the City through insurance, should be investigated. Saratoga Community Gardens will be asked to provide this information before further review by the Commission. 4. L. Dan,,; Callans, ~ 4051 Saratoga Avenue, resigning from Planning Commission. Consensus reached to accept resignation offered and authorize Staff to advertise vacancy; consideration given to advertising on Channel 8 and notification' through the Community Group Notification List, presented later on the Council agenda. 6. OLD BUSINESS A. Resolution 2429 Adopting City of Saratoga Budget for 1987-88 and 1988-89 as -.approved June 3, 1987. CLEVENGER/PETERSON MOVED ADOPTION OF RESOLUTION 2429, CONSOLI- DATING BUDGET FOR THE FISCAL YEARS 1987-89, MAKING APPROPRIATIONS AND AUTHORIZING CARRY-OVERS AND EXPENDITURES. Passed 5-0. B. Resolution 2430 Setting Appropriations Limitation CLEVENGEPJMOYLES MOVED ADOPTION OF RESOLUTION 2430 ESTABLISHING THE 1987-89 FISCAL YEAR APPROPRIATION LI2MIT FOR THE CITY OF SARATOGA. Passed 5-0. MEETING OF THE CITY COUNCIL Page JUNE 17, 1987 7. NEW BUSINESS A. Community Group Notification List ANDERSON/PETERSON'M(~i/ED APPROVAL OF THE COMMUNITY' GROUP NOTIFICATION LIST, DIRECTING STAFF.TO AMEND AS REQUIRED. Passed 5-0. B. Additional Sheriffs Patrol of Bohlman Rold on July 3 and 4. The City Manager noted that this action was primarily a fire protection measure. PETERSON/ANDERSON MOVED AUTHORIZATION OF ADDITIONAL PATROLS ON BOHLMAN ROAD JULY 3RD AND 4TH WITH A CHECKPOINT AT THE ENTRANCE TO BOHEMAN ROAD ON JULY 4TH, AS RECOMMENDED BY THE PUBLIC SAFETY COMMISSION. Passed 5-0. C. Award of Contract for Overlay of Canyon View Drive CLEVENGER/MOYLES MOVED TO AWARD THE CONTRACT FOR CANYON VIEW DRIVE OVERLAY TO THE LOW BIDDER, O'GRADY PAVING INC., IN THE AMOUNT OF $69,954.33. Passed 5-0. 8. PUBLIC HEARINGS The Mayor proceeded to Public Hearings B. to allow members of the Public who wished to testify in Public Hearings A. time to arrive. B. Protest Hearing from Levy and Collection of Assessments for Landscaping and Lighting District LLA-1 (existing) Mayor Hlava acknowledged the City Clerk's Report conceming the publication and posting of notices in regard to Landscaping and Lighting District LLA-1 (existing). The Public Hearing was opened at 7:30 P.M. There were no speakers. CLEVENGER/MOYLES MOVED TO CLOSE THE PUBLIC HEARING AT 7:31 P.M. Passed 5-0. MOYLES/PETERSON MOVED ADOPTION OF RESOLUTION 2420.4 ORDERING IMPROVEMENTS AND CONFIRMING THE DIAGRAM AND ASSESSMENTS LANDSCAPING AND LIGHTING DISTRICT LLA-1. Passed 5-0. C. Protest Hearing for Levy and Collection of Assessments for Landscaping and Lighting District LLA- 1 (annexation) Mayor Hlava acknowledged the City Clerk's Report concerning the publication and posting of notices in regard to Landscaping and Lighting District LLA-1 (annexation). The Public Hearing was opened at 7:33 P.M. There were no speakers. CLEVENGER/ANDERSON MOVED TO CLOSE THE PUBLIC HEARING AT 7:34 P.M. Passed 5-0. CLEVENGER MOVED ADOPTION OF RESOLUTION 2421.4 ORDERING THE ANNEXATION OF TERRITORY TO AN EXISTING ASSESSMENT DISTRICT, ORDERING IMPROVEMENTS AND CONFIRMING THE DIAGRAM AND ASSESSMENT, LANDSCAPING AND LIGHTING DISTRICT LLA-1 ANNEXATION 1987-1. Passed 5-0. MEETING OF THE CITY COUNCIL Page 4 JUNE 17, 1987 9. CITY COUNCIL ITEMS: -' A. Reports from Individual Councilmembers , .... .. . - Mayor' Hlava noted the Jat~anese exchange students formal reception, August 6-7, 1987. S~'~ r~ported Gn' a 2recent TCASA Meeting and requested consider~i~on-Of hie' of High ..... · :SchoOl fac~itieS to': sponi0r activities for teenagers: .... · · ~ ,. - ' She will be speaking at an information forum on Route 85, on June 30, 1987. ' . -.~ ~: ;..~:, .. - · . . ;. . Mayor Hlava returned m Public Hearings. A. Appeal of Revocation of Second Unit Use Permit for property located at 14231 "' :5: ~'? BDo°luagnld~;;rs)Lane ~er :CityCode Section 15-56 .!.00 (SUP1,2)(Appell?nt/,applicant, C. , ~ . " Planning Director Hsia reviewed the recent decision of the Planning Commission to revoke the Use Permit for a second unit and noted the actions available to the Council at this time. ,. ~ ...~ .. The Public Heating was opened 7:47 P.M. Mr. Charles Bolander; Appellant/applicant, noted compliance with all requirtments and made himself available for questions. In response to Mayor Hlava's question regarding the length of time needed to cornply with terms of the Use Permit, he stated that he travelled for business; in addition he noted liealth problems. Ms. Jeanne Johnston, 14210 Douglass Ln., Saratoga', presented leiters in favor of upholding the decision of the Planning Commission from: · -~ Lee and Marilyn Ferguson · Joseph B. Coolidge, June 16, 1987. She read a prepared statement addressing the following issues: Use Permit should be revoked permanently Appellant did not comply with zoning and second unit restrictions until forced to do so -. Conuibutory issues (lack of property maintenance, the fact that this minimal lot contained both a second unit and additional structures) had an adverse impact on the neighborhoed and conuibuted to the deterioration of property values of adjacent owners ' Appellant's commercial use of the property in a single family residential area Unit was not rented to senior citizen until passage of the second unit Ordinance in 1984; the question remained whether current tenants in the second unit were senior citizens Length of time necessary to remove a gas tank from the property Noted a history of disregard for zoning restrictions, lack of property and second unit maintenance and use of this unit as a commercial property. Mr. Robert Finocchio, 14250 Douglass Ln., Saratoga, supported the decision of the Planning Commission, concurred with the above statement and noted that according to the report: Unit was opentied in violation of City Codes for a 15 month period Question remained whether the property was in compliance with current City Ordinances Mr. Bolander questioned whether the issue was a second unit permit or the condition of lawns and the number of cars on a property; he stated that over 75% of the time, the unit had been occupied by a senior citizen. Currently, the unit was occupied by a senior citizen. PETERSOlil/MOYLES MOVED TO CLOSE THE PUBLIC HEARING AT 7:58 P.M. .. Passed 5-0. Councilmember Peterson noting the controversy of second units in the City and the efforts of the officials to accommodate owners of these units, added his concern regarding the delay in compliance with Conditions of Approval imposed by the Commission. Councilmember Clevenger, noting the opposition to this appeal, stated that since she had not visited the site, she could not vote to grant approval at this hearing. She was favorable to an extension of this . :, appeal to allow time for a site visit. MEETING OF TIIE CITY COUNCIL Page JUNE 17, 1987 PUBLIC HEARINGS Continued Councilmember Anderson noted that she had made a site visit; her concerns were as follows: Verification that senior citizens curren~y occupied the second unit Disregard for human welfare in the storage and use of fuel on site for over a year's time .-.. Bi~repair of an attached carport/shed and visual impact from the street Cited the C0uncil's decision on the Batson appeal Lack of adequate setbacks and amount of debris on the site Noted that the site in question was in fact, an old time counu'y neighborhood Leniency already extended to the Appellant in obtaining compliance to Conditions imposed Councilmember Moyles contimed his analysis to the narrow grounds laid down by the Planning Commission; in view of the delays involved and the Appellant's inability to offer any reason for excusing him further, he would vote to sustain the revocation of the Use Permit. Mayor Hlava concurred with placement of Conditions the Commission felt appropriate as well as their decision to revoke the Permit for noncompliance; however, now that Conditions had bee met, there was no reason not to grant the request. She added that efforts of the City to legalize existing second units would be negated if the appeal were denied. PETERSONfMOYLES MOVED TO REAffIRM THE DECISION OF THE PLANNING COMMISSION ON SUP-12. Councilmember Clevenger noted that if a vote were taken at this time, she would vote to deny the appeal; Councilmember Anderson noted the discrepancy between an estimated one day's work required to fulfill necessary Conditions of Approval and the length Of the delay. The Planning Director and the City Attorney reviewed procedures required to reapply for a permit if the appeal were denied; consideration given to a denial without prejudice. Councilmember Peterson noted that the issue was whether the Council wished 16 affirm or deny the Planning Commission's decision; he called for the vote on the Motion. Passed 4-1, Mayor Hlava opposed. ANDERSON MOVED TO AMEND THE MOTION TO REAFFIRM THE DECISION OF THE PLANNING COMMISSION ON SUP-12, DENYING THE APPEAL WITHOUT PREJUDICE. There was no second to the amended Motion. Mayor Hlava returned to City Council Items, A. Reports from individual Councilmembers. Councilmember Peterson reminded the Council of the July 30, 1987, League of California Cities Meeting to be held at Hakone Gardens. Councilmember Moyles provided an update on the Cable TV Report Councilmember Clevenger reported on Sanitation District 4 Councilmember Anderson reported on elections held at the Transportation 2000 Meeting She provided information on the National Solid Waste Management Association efforts Mayor Hlava added, 7tzhat; i~:he County City Managers would be holding a workshop on landfill and solid waste issues on July 2, 1987. B. Council Reorganization Councilmember Clevenger nominated Councilmember Anderson for the position of Mayor, citing her support of the rotation system established in 1985 and confirmed in 1986. She noted Councilmember Anderson's representation of the City during the past year. Failed, 2-2-1, Councilmembers Peterson and Moyles opposed, Mayor Hlava abstaining. MEETING OF THE CITY COUNCIL Page JUNE 17, 1987 CITY COUNCIL ITEMS Continued Councilmember Moyles nominated Councilmember Peterson for the office of Mayor;, he noted his opposition to tire rotation system and his confidence in Mr. Peterson's experience. Passed 3-2, Councilmembers Anderson and Clevenger opposed. ': C0uncil~nember Moyles nominated Councilmember Anderson for the position 0i~ ~ice2~a;0r: ". ' Passed 5~0. :; ..... . · Councilmember Moyles absent at 8:22 P.M; ,. -.~ · - . ~ .:; .~:, $., AD.IOURNMENT; TO CLOSED SESSION ON LITIGATION'OF CLEVENGER VS -. :: SARATOGA AT 8:22 P.M. ' ' Respectfully submitted, . /