HomeMy WebLinkAbout11-04-1987 City Council Minutes MINUTES
SARATOGA CITY COUNCIL
TIME: NoVember 4, 1987
PLACE: Civic Theater, 13777 F.r~itvale Avenue, Saratoga CA
TYPE: Regular Me~fing
1. ROLL CALL: Mayor Peterson, Councilmembers Anderson, Clevenger, Hlava, Moyles present at 7:04 P.M.
2. CEREMONIAL ITEMS: None.
3. ROUTINE MATTERS
A. Approval of Minutes: Meetings of October 21 and October 27, 1987
Councilmember Hlava asked that Minutes of October 27, 1987, be amended to read "Betty Eskeldson.
HLAVA/MOYLES MOVED APPROVAL OF MINUTES OF OCTOBER 21, 1987, AS
AMENDED AND MINUTES OF OCTOBER 27, 1987, AS PRESENTED. Passed 5-0
B. Approval of Warrant List:
HLAVA/CLEVENGER MOVED APPROVAL OF THE WARRANT LIST. Passed 5-0.
C. Report of City Clerk on Posting of Agenda
Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on
October 30, 1987.
4. CONSENT CALENDAR - OTHER ITEMS:
A. Planning Commission Actions, October 28, 1987, - Noted and filed.
B. CATV Local Access Board Minutes, October 13, 1987, - Noted and filed.
C. Public Safety Commission Minutes, October 12, 1987, - Noted and fried.
D.Heritage Preservation Commission Actions, September 16, and October 7, 1987,
Noted. and fried.
E. Library Commission Minutes, October ~t~,1987, - Noted and filed.
F.Ordinance 71.30 adding Article 16-66 to City Code pertaining to flood damage
prevention (second reading and adoption)
G.Ordinance 71.31 amending SectiOn 9-15.130 to designate an additional mail dep6sit
zone (second reading and adoption)
H.Ordinance 71.32 amending Section 2-20.035 to codify the designation of the City
Manager as City Treasurer (second reading and adoption)
I. Three-year Joint Powers Agreement for Participation in Urban County Block Grant
J. Resolution 85-9.74 Revising Fringe Benefits for Management Employees
K. Resolution MV- 173 establishing Stop Installation on 4th Sweet at Canyon View
L. Approval of Plans and Specifications for Landscaping Improvements in Front of
City Hall and Resolution 2429.3 Adjusting Budget for Same
MEETING OF THE CITY COUNCIL Page
NOVEMBER 4, 1987 '
CONSENT CALENDAR Continued
M. Resbhfion 2383.3 Amending Fee Schedule Resolution to Add Massage Permit
Applications
N. Approval of "Great Race" January 24, 1988, in concept, conditional on compliance
with all requirements of Saratoga's Special Events Permit procedures
O. Acceptance and Acknowledgment of Donation to Hakone Gardens - Gordon
P. Resolution 2429.4 Adjusting Budget to Purchase and Install Pressure Pump at Halcone
Q. Resolution 2447 Authorizing Destruction of Microfilmed Records
Councilmember Moyles requested removal of Item 4.L. from the Consent Calendar.
MOYLES/CLEVENGER MOVED APPROVAL OF THE CONSENT CALENDAR WITH
REMOVAL OF ITEM 4.L. Passed 5-0.
Councilmember Moyles requested information on landscaping improvements for City Hall; the
City Manager provided necessary information.
HLAVA/MOYLES MOVED APPROVAL OF CONSENT CALENDAR ITEM 4.L. Passed 5-(}
5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC:
A. Oral CommUnications from the Public and Commissions /
Mr. BertMartell read into the record his letter of October 21, 1987, regarding Written
Communications submitted for inclusion in the agenda of City Council meetings.
B. Written Communications from the Public
1. Audrey Smith, 20301 Hill Rd., concerning the Rivoir project
Councilmember Hiava asked that language be added to state that until Mr. Rivoir initiates
action on that portion of the property adjacent to her property, neither the City nor the Council
has jur'i sdicti0n to address Mrs. Smith's request.
Consensus reached that the City Manager will prepare a letter for Mayor Peterson's signature.
2. Ralph Doetsch, Mayor of Campbell, regarding participation in curbside recycling
-- feasibility study
Councilmember Hlava reported on the status of the curbside recycling feasibility study in
adjacent cities and recommended that a marketing study be conducted to asses the level of
participation of adjacent cities and the economic feasibility of the curbside recycling program. :'
Consensus reached to direct Staff to investigate a marketing and feasibility 'study on the
curbside recycling program. ..........
3. Barbara Winckler, Mayor of Monte Sereno, letter regarding participation in
curbside recycling feasibility study - As stated in previous Item.
· · 4. Geoffrey Braun el. at., requesting reconsmaction on La Paloma - · Noted, acknowledged and filed.
5. Petition from residents of La Paloma concerning replacement of trees ·
The City Engineer reviewed the Report to Mayor and City Council of November 4, 1987.
Consensus reached to accept the Consultant's recommendation on replacement of the trees;
Staff to meet with residents of the La Paloma area regarding type of replacement trees.
MEETING OF THE CITY COUNCIL Page
NOVEMBER 4, 1987
COMMUNICATIONS FROM THE COMMISSIONS AND THE PUBLIC Continued
6. Nancy R. White, 1~146 Glenmoor, San Jose, on open space for equestrian use
Mr. William Brooks, 20230 Metrick Drive, Saratoga, being recognized by the Council, asked
that a crushed granite base be used to increase safety and insure that the equestrian trails could
be used all year long; he added that dedicated improvements for equestrian easements had not
been installed in some subdivisions; examples were cited.
The City Attorney reviewed the procedures followed; the City Engineer stated that the Sub-
divisions cited had not been released from the dedicated improvements required.
7. Karen Lipscomb, COunty Board of Supervisors, requesting nominations
County Library Commission.
Councilmember Hlava nominated Ms. Marilyn Kanemura of the Saratoga Library Commission
and offered to write a letter of recommendation.
HLAVA/PETERSON MOVED TO NOMINATE MS. M. KANEMURA FOR AN APPOINT~
MENT TO THE SANTA CLARA COUNTY LIBRARY COMMISSION. Passed 5-0.
8. David R. Franklin, 15177 Park Dr., favoring interchange on Saratoga Ave. -
Noted, acknowledged and filed.
6. OLD BUSINESS
A. Reconsidemtion ofrecent ordinance changes concerning Design Review
The City Manager reviewed his Report of November 4, 1987, and summarized that issues
under consideration were notification and review of applications exceeding provisions of the
newly adopted Ordinance. Staff recommended implementation of the Ordinance as adopted.
Councilmember Hlava commended the Planning Commission for bringing to the Council's
attention deficiencies in noticing; such could be remedied through a change in procedure
without an Ordinance amendment She suggested that administrative decisions be noticed as an
"intent to approve;" notice to be sent to the nine residences abutting an applicant's home or, if
applicable, residences on the cul-de-sac of an applicant's home.
The City Manager suggested that a standard be established, namely, those .property owners
who would have "standing to object" to applications.
Councilmember Clevenger noted that of the items previously requiring design review, only two
were no longer included; she suggested that the Planning Commission be approached to
consider allowing the Ordinance to take effect .with the inclusion of these two items and the
addition of a third item, namely:
Single story main or accessory structure or an addition having a height in excess of 22 ft.
Any main structure or multi-story accessory structure being constructed upon an inf'dl lot
Any accessory structure on a double frontage lot
Councilmember Hlava favored implementation of the Design Review Ordinance with an under-
standing that new single family homes and expansions in excess of 50% of an existing home .........
be noticed with an "intent to approve" notice.
Councilmember Moyles reaffh'med that the Council had not intended theextenSive noticing
discussed in the City Manager's Report; he favored implementation of the Design Ordinance
with an understanding that the Planning Director would inform the Council of how the "intent
to approve" procedure was working.
Councilmember Anderson was favorable to implementation of the Design Review Ordinance.
Mayor Peterson noted concern regarding the potential dramatic reduction in size of hillside
homes; he stated that such had not been his intention.
Consensus reached that the Design Review Ordinance be implemented as adopted with the
establishment of a noticing procedure for applications no longer subject to public hearing
and/or those applications which represented a significant modification to an existing structure.
IV!EETING OF THE CITY COUNCIL Page 4
NOVEIMBER 4, 1987
Mayor PetenOn proceeded to Public Hearings.
8. PUBLIC HEARINGS
A. Ordinance amending various sections of Art. 7-20 of the City Cede to include
provisions concerning dangerous dogs and potentially dangerous dogs (first reading)
The City Attorney reviewed his Memorandum'of October 29, 1987; he stated that the issue of
viciousness could be addressed as a general topic of concern without reference to any breed of
dog in particular. He cited enforcement problems of an ordinance specifically directed at pit
bull dogs and recommended that viciousness be defined more comprehensively than presently
defined. The proposed regulations would address existing concerns.
The Public Heating was opened at 8:10 P.M.
Mr. Bert Martell was favorable to enforcement of regulations on vicious animals by the
Sheriffs Depaxht~ent and felt that Community Services Officers had not effectively dealt with
potentially dangerous dogs; his letter of October 7, 1987, was cited.
· Mr. Joan Faunce, 18644 Bucl~nall Rd., Saratoga, was favorable to the adoption of an
Ordinance amendment directed at vicious dogs, rather than directed at a specific breed of dog;
she felt that uaining of animals was insmental in forming their behavior.
HLAVA/MOYLES MOVED TO CLOSE THE PUBLIC HEARING AT 8:13 P.M. Passed 5-0
Councilmembers 'Clevenger and Hlava commended the City Attorney for the approach taken in
this Ordinance amendment.
CLEVENGERJHLAVA MOVED TO INTRODUCE AN ORDINANCE AMENDING
CERTAIN PROVISIONS OF ARTICLE 7-20 OF THE CITY CODE CONCERNING
VICIOUS ANIMALS, BY TITLE ONLY, WAIVING FURTHER READING. Passed 5-0.
B. Amendment m the General Plan to establishment a retail commemial designation on
approximately 4.42 acrei of partially developed property and prezone the property to
CN, neighborhood commemial. (Continued from October 21, 1987)
The City Manager reviewed the status of the proposed General Plan Amendment and called
attention to the analysis presented of the C-1 Zone (City of San Jose) and the C-N and C-C
Zones (City of Saratoga); he reviewed the necessary procedures required for accomplisWmg the
annexation of properties.
The Public Heating was opened at 8:21 P.M.
Mr. D, V. Christensen; 20141 Pierce Rd., Saratoga, understood that there Was no opposition
in the City of San Jose to the proposed annexation. Due to the lack of notification; he was
unable to oppose this action. He reviewed differences in C-N zoning as compared to the
current C~ I zoning of this site and noted that he and his business parmet had plans for the long
range development of this property.
He suggested that no action be taken at this time, allowing further discussion of zoning
provisions acceptable to the City and to him; he felt that the necessary accommodations could
not be made by the November 19, 1987, City Council Meeting in San Jose,
Mr. John Gatto, Cypress Properties, reviewed comments made at the October 21, 1987,
meeting of the City Council and suggested consideration of a PD (Planned Development)
zoning for the properties in question.
Ms. Joan Faunce, E10xttx~park Homeowners Association., noted concern regarding zoning
designation, setbacks and height for this site; furthermore, traffic circulation patterns and
impacts were reviewed. She asked for consideration of the above concerns of homeowners.
MEETING OF THE CITY COUNCIL Page 5
NOVEMBER 4, 1987
PUBLIC HEARINGS Continued
Mr. Harvey Davis, 12471 Paseo Cerro, Saratoga, noted concern regarding the retail
development of this site and cited potential traffic circulation patterns and impacts; however, he
was favorable to the annexation of these properties.
The City Engineer reviewed road improvements which would be completed regardless of
whether the annexation took place or not.
HLAVA/CLEVENGER MOVED TO CLOSE THE PUBLIC HEARING AT 8:35 P.M.
Passed 5-0.
Councilmember Hlava stated that if Mr. Christensen felt that he did not have adequate
assurances that zoning would be compatible with his plans for the property and continued to
protest this action to the San Jose City Council, the annexation of these properties could not be
accomplished at this time. She suggested further action be postponed to allow additional
discussion between the City and Mr. Christensen; in addition, Mr. Gatto also had concerns
regarding his property. She recommended that PD zoning be considered for both sites.
Councilmember Moyles concurred with the above and noted that without the cooperation of the
City of San Jose, this request would not be approved by LAFCO. He noted that an impression
may be created in citizen's minds that the Council was responsible for whatever development
subsequently followed; in addition, there would be no revenues derived for the City.
Mayor Peterson stated that if the City wished to rezone the properties in a manner compatible
with their current zoning, then consideration should be given to a C-C zoning for this site and a
C-H (Commercial-Historical) zoning for the Village. He was favorable to the height, setbacks
and density allowed in a C-C zoning district.
Mr. Christensen responding to the Council's inquiry, understood that the Council had reached
a consensus that the properties would be rezoned; however, he preferred to wait until 1988 to
further discuss the annexation of the property.
The City Attorney advised the Council that a C-C zoning would be almost identical with the
current (San Jose C-l) zoning on the Christensen property; in addition, Mr. Gaito's concerns
for property at this location would also be addressed. The change in zoning designation for
Saratoga Village has already been planned.
I-ILAVA/CLEVENGER MOVED TO DIRECT STAFF TO REWRITE THE C-C ZONING
ORDINANCE TO BE REVIEWED BY THE PLANNING COMMISSION AND THE CITY
COUNCIL. Passed 4-1, Councilmember Moyles opposed.
Councilmember Moyles noted he was opposed to this action for the reasons already stated; he
had no philosophical objection to this action.
Mayor Peterson returned to New Business
7. NEW BUSINESS
A. 1988 and 1989 Policy Development Calendar
Consensus reached to adopt the 1988 and 1989 Policy Development Calendar.
B. Vacancies on Finance Advisory Committee
CLEVENGER/HLAVA MOVED TO REAPPOINT MS. C. JAMESON AND MR. P. SMITH
TO THE FINANCE ADVISORY COMMHTEE. Passed 5-0.
C. Ordinance amending Section 2-10.010 of the City Code to change the time for regular
meetings of the City Council from 7:00 P.M. to 7:30 P.M. (fast reading)
CLEVENGER/ANDERSON MOVED TO INTRODUCE AN ORDINANCE AMENDING
SECTION 2-10.010 OF THE CITY CODE TO CHANGE THE TIME OF REGULAR
I~IEETINGS OF THE CITY COUNCIL. Passed 5-0.
MEETING OF THE CITY COUNCIL " Page
NOVEMBER 4, 1987
NEW BUSINESS Continued
D. 'Issues to be decided for 1988 Municipal Election
Th~ City Manager reviewed the Report rifled: Municipal Election 1988, Issues to be decided
before nomination period commenced; Staff recommended that past practices be continued as
stated in the Report of November 4, 1987.
Councilmember Moyles favored a limitation of 200 word statement; however, he recognized
that all issues requiring comment may not be able to be covered within this limitation.
HLAVA/MOYLES MOVED TO AUTHORIT. F- CANDIDATE'S STATEMENTS OF
400 WORDS AND DIRECT STAFF TO PREPARE A RESOLUTION REQUIRING THAT
CANDIDATES' pAY C_.Q_S_~S QF C. ANp!D_~A~E_'__S~STATEMENT, WITH ADVANCE
~,DI~_P_0 SIT_ OF $175.00. Passed 5-0.
9. CITY COUNCIL ITEMS:
A. Reports from Individual Councilmembers
Councilmember Hlava presented the Highway 85 Status Report and suggested
consideration of a draft letter to be sent to the Saratoga News and San Jose Mercuxy News
reflecting the concerns of residents of Saratoga; consensus reached that current issues
needed to be addressed publicly by letter. from the entire City Council.
- Councilmember Clevenger reported on Sanitation District 4.
- Mayor Peterson advised of upcoming official events of the Council
'CouncilmemberMoylcsrcportedontheSantaClaraCountyTraf~cAuthoritymeefing.
Hc noted that the South Zone Representative's Tenn. was open; Item to be placed on the
agcnda.
He reported a potential violation of City Parking Requirements by Goodwill Indusn'ies
Hc reported on a recent meeting regarding Hakone Gardens Foundation
He discussed a recent letter from "Protect Our Environment" and questioned applicable
Fair Political Practices policies; the City Manager to refer matter to FFP officials.
Councilmember Anderson questioned whether action should be taken with respect to the
San Jose's efforts to obtain a Route 85 interchange at Prospect Ave.'
AD~D..LL]~d~?.~IIA AT 9:34 P.M. TO 7:30 P.M. ON NOVEMBER 10, 1987, FOR A
JOINT MEETING WITH PARKS AND RECREATION COMMISSION AT THE
SARATOGA COMMUNITY CENTER, 19655 ALLENDALE AVE., SARATOGA.
Respectfully submitted,
Recording Secretary