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HomeMy WebLinkAbout02-03-1988 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: February 3, 1988 PLACE: Civic Theater, 13777. Fruitvale Avenue, Saratoga CA TYPE: Regular Meeting i. ROLL CALL: Councilmembers Anderson, Clevenger, Hlava, Moyles present 7:34 P.M; Mayor Peterson present at 7:58 P.M. 2. CEREMONIAL rrEMS: None 3. ROUTINE MATTERS A. Approval of Minutes: Meetings of JanUary 12, 20, and 26, 1988 CLEVENGER/HLAVA MOVED APPROVAL OF MINUTES OF JANUARY 12, 20 AND 26, 1988, AS PRESENTED. Passed 4-0-1, Mayor Peterson absent. B. Approval of Warrant List: HLAVA/CLEVENGER MOVED APPROVAL OF THE WARRANT LIST. Passed 4-0-1, Mayor Petenon absent. C. Report of City Clerk on Posting of Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on January 29, 1988. 4. CONSENT CALENDAR: A. Planning Commission Actions, Planning Commission Actions, January 27, 1988, - · Noted and fried. B. Heritage Preservation Commission Actions, January 6, 1988, - Noted and filed. C. CATV Local Access Foundation Meeting Minutes, December 15, 1987, and January 19, 1988 - Noted and filed. D. Summary of Annual Public Safety Commission Retreat, January 16, 1988, - Noted and filed. E. Library Commission Minutes, January 27, 1988, - Noted and fried. F. Notice of Completion for Overlay of Certain City Streets - Raisch Construction G. Notice of Completion for Canyon View Drive Overlay - O'Grady Paving. ' ........... H.Final Map Approval, Saratoga-Sunnyvale Rd. and Gerald Zapelli Ct. (SD 87-010) (Developer, Sunborn Development Co.) I. Resolution Acce ling Open Space Easement on Lot 1 Tr. 7761 Harbor Builders RESOLIIrION 24~5 - ' ' Councilmember Anderson requested removal of Item 4 H from Consent Calendar. MOYLESALILAVA MOVED APPROVAL OF CONSENT CALENDAR, WITH REMOVAL ' OF ITEM 4 H. Passed 4-0-1, Mayor Peterson absent. Councilmember Anderson noted concem regarding traffic hazards to students at Saratoga High School and asked that this situation be reviewed; the City Engineer provided information on Zapelli Ct. MEETING OF THE CITY COUNCIL Page 2 FEBRUARY 3, 1988 CONSENT CALENDAR Continued The City Anomey reviewed actions available to the Council on a Hnal Map Approval.. Councilmember Hlava noted that the City could implement necessary traffic control measures. The City Manager added that specific locgtions for intended driveways would reviewed. HLAVA/CLEVENGER MOVED APPROVAL OF CONSENT CALENDAR ITEM 4. H., DIRECTING STAFF TO TAKE ANy NECESSARY TRAFFIC CONTROL MEASURES. Passed 4-0-1, Mayor Peterson absent. 5.COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC: A. Oral Communications from the Public and Commissions Mr. Fritz Wiedmer, 20304 Glen Brae Dr., Saratoga, artended the Foo/hill Meeting on Route 85. He asked that the Council represent. the views of those who favored interchanges in the City; owners Of property adjacent to the fleeway (ff purchased after 1956) had already received financial considerations. Councilmember Moyles stated that sentiments at the Meeting were soundly in favor of an inter- Change in Saratoga; a letter would be presented to the Council to this effect. Mr.-William Kolher, Via Regina, Saratoga, thanked the' City Attorney for professional services rendered. - Mr. Gerard Wen, Green Valley Disposal Co., presented information on.the recycling program being implemented. Mr. Thomas Reddick cited difficulty in obtaining action on vandalism and burglaries in the City and requested information on the role of the Community Services Officers; the City Attorney invited the speaker to contact him for additional information. Mayor Peterson present at 8:58 P.M. B. Written Communications from the Public - None. 6. OLD BUSINESS A, BART Extension Funding and Priorities The City Mariaget reviewed the Report of January 29, 1988; He asked that T 2000 priorities be supported and Staff directed to communicate opposition to AB 2733 and SB 1715. HLAVA/MOYLES MOVED TO SUPPORT T 2000 PRIORITIES TO MTC PER THE DRAFT LETYER AND TO OPPOSE AB 2733 AND SB 1715, DIRECTING APPROPRIATE CORRESPONDENCE TO AUTHORS, SENATOR AND ASSEMBLYMAN STATING SUCH OPPOSITION. Passed 5-0. The Mayor proceeded to Public Hearings, ' ' 8. PUBLIC HEARINGS A; Appeal Of denial of variance to allow construction of free-standing identification and price sign at 20472 Saratoga-Los Gatos Rd, and an additional free-standing price sign to ~replace an existing one. The proposed .total area of signage is 54 sq. ft. and maximum of 14 ft. in height in lieu of 50 sq. ft: area and 10 ft. height allowed by the City Code(Applicant/appellant, Chevron U.S.A.) (V-87-020) (eontzinued from ]./20) Planning Director Hsia reviewed the Memorandum of January 20, 1988. In response to Councilmember Hlava, he confro-ned that existing signage of 96 1/2 sq. ft. would be reduced to 43.1/2 sq. ft; in addition, height would also be reduced through the proposal presented. ' The Public Hearing was opened at 8:05 P.M. Mr. Spenser Nilson, Permit Service Company, presented an exhibit showing site photographs and noted Chevron's efforts to improve the station's appearance. He reviewed the Application and pointed out the signage to be removed under the clartea~roposaL MEETING OF THE CITY COUNCIL Page FEBRUARY 3, 1988 PUBLIC HEARINGS Continued Mr. Nilson stated that if Variances were denied, the station would remain as presently exists. Findings required for approval could be made as follows: - Strict interpretation of the Zoning Ordinance prevented adequate business identification - Station relied substantially on transient business--up to 50% during the summer, contrary to the determination made by the Planning Commission that locals primarly used the station Second price sign was S tare required; dimensions and height of required sign reviewed Existence of large trees on Saratoga-Los Gatos Rd., impeding visibility, constituted exceptional physical circumstances Lack of building setbacks to the northwest and southeast added to the visibility problem Granting a variance would not be a special privilege inconsistent with limitations of other properties in the area; examples cited. Rather s~ct interpretation would be to deny the Applicant privileges enjoyed by others in the area - Variance seeking a 14 ft. high freestanding sign was the result of the planningdesign review process which attempted to alleviate visibility impediments from Oak Street onto Saratoga-Sunnyvale Rd. by creation of a view space at this site. Thus, granting a variance would not be detrimental to health, safety and welfare He concluded, stating that since proposed 14 ft. height of the sign was of the greatest concern of the Planning Commission, an independent traffic engineer had been cbntracted to submit a low profile sign; height, dimensions and placement were presented. ff all three variances could not be granted, he asked that the variance on the 14 ft. height be denied. Ms. Diana Parham, Oak Street, Saratoga, noted that marketing favored large signs on the pre- mise that such would result in sales; she added that service was often the determining factor in doing business at a particular location and asked that current regulations be adherence to. Ms. Lucia Braun, 20220 La Paloma, Saratoga, cited the hazardous turn 'at this intersection and stated that traffic should not be encouraged by signs. ; Mr..Nilson responded that signs proposed were the smallest Chevron offered; he had no power to redesign signs. HLAVA/ANDERSON MOVED TO CLOSE PUBLIC HEARING AT 8:24 P.M. Passed 5-0. Councilmember Hlava noted the problems created for gas stations in complying with both state mandated regulations for signs and the Saratoga Sign Ordinance; Staff was able to make the necessary Findings and Chevron was submitting a proposal which was better than the current situation at the station. However, she had difficulty making Findings for Section 15-30.040 (h), to allow a freestanding sign 14 ft. in height; she favored an alternative and noted that even the required curb cut in this proposal may in fact, reduce traffic hazards at this intersection. Councilmember Clevenger noted that sufficient information had not been provided to override the Planning Commission's decision; she could not make the necessary Findings; however, she concurred with Councilmember Hlava that the Sign Ordinance should be reviewed. Mayor Peterson noted that signage at this station was very high and very bright, especially during the night; he was favorable to a proposal reducing height and improving appearance of this site. However, he could not make Findings for the 14 ft. height requested and noted that .......... the Applicant had proposed a low profile sign. He suggested that this item be returned t6 the Commission for further review. Councilmember Anderson concurred that the alternative proposal should be reviewed by the Commission;~the proposed monument sign was more attractive and better landscaped than existing signs, even though such was larger. In addition, she favored a review of the Sign Ordinance in relationship to gas stations as suggested by other CoUncilmembers. The City Engineer concurred that Staff should investigate any existing traffic hazards at this intersection; however, he noted that the suggestion to close a curb cut on Saratoga-Sunnyvale Rd. would, in fact, direct traffic onto Oak Street. He cited testimony already given. Councilmember Moyles noted that the proposal made by Chevron waS a good one; however, he could not made the necessary Findings. ' , ' MEETING OF THE CITY COUNCIL !~;: ~1:; ~!~ Page 4 FEBRUARY 3, 1988 PUBLIC HEARINGS Continued MOYLES/ANDERSON MOVED TO UPHOLD THE DECISION OF THE PLANNING COMMISSION, DENYING THE APPEAL. Councilmember Hlava.noted that denial of the Appeal.would result in no site improvements being made at the 'station. Unless the Council were willing to consider 1) allowing a free-standing identification sign where no sign currently existed and 2) allow a second price sign on a single site, there would be no reason for the Applicant to again approach the Cornmission. She recommended that the decision of the Commission be upheld on the 14 ft. height requested and overturning their decision on the above tWo variance requests. The City Attorney advised that the Council could also refer the entire Application backto the Planning Commission with direction; the Applicant had indicated that them was an alternative proposal supported by an independent traffic engineer. The Council could indicate that while a 14 ft, height was unacceptable the proposed reduction in height, relocation and landscaping of the sign, and additional driveway cut would be favorably viewed. If the alternative proposed by the Applicant were approved by the Commission, further review was unnecessary; hoW- ever, if such were not approved, the Appeal would be referred back to the Council for review. Councilmember Moyles withdrew his previous Motion, making the following Motion per recommendation of the City Attorney. The City Manager advised the Council regarding procedural requirements; consensus reached to place Item on Council agenda of April 6, 1988. MOYLES/CLEVENGER MOVED TO REFER V-87-020 TO THE PLANNING COM- MISSION FOR REVIEW OF ALTERNATIVES; RECOMMENDATION TO BE PRESENTED TO THE CITY COUNCIL FOR FINAL JURISDICTION ON THE APPEAL. ITEM TO BE PLACED ON THE COUNCIL AGENDA OF APRIL 6, 1988. Passed 5-0. The Mayor returned to NEW BUSINESS. 7. NEW BUSINESS. A. Report on Upcoming Public Hearing The City Manager reviewed the Memorandum of January 26, 1988; however Staff now recommended that the Council authorize the use of display ads. Councilmember Moyles favored the use of display ads as well as notification from the Corn- " munity Group Notification List; he asked that the City Manager personally prepare this notice. Councilmember Anderson suggested that notices be posted at the local supermarkets; Councilmember Hlava was favorable to display ads and suggested notice on cable TV. Consensus reached by the Council to authorize use of display ads, to send notice to local Cable TV station and the Commtmity Group Notification List, B. Report on Expiring Term on Heritage Preservation ~ommission Councilmember Clevenger was not favorable to advertising this position since Mr. Koepernik had served only one term and wished to be reappointed; in addition, she cited the technical. ...... experience he brought to this Commission. Councilmember Moyles concurred. ' HLAVA/CLEVENGER MOVED TO DIRECT STAFF TO PREPARE A RESOLUTION RE- APPOINTING INCUMBENT TO THE HERITAGE PRESERVATION COMMISSION. Passed 5-0.. ' C. Proposal for Geotechnical Services by William Cotton · · The City Engineer reviewed the Report of the Engineering Department; he cited Mr. Cotton's experience and excellent references. . HEAVA/CLEVENGER MOVED TO APPROVE THE CONTRACT FOR CITY GEOLOGIST SERVICES WITH WILLIAM COITON AND ASSOCIATES AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME. Passed 5-0. MEETING OF THE CITY COUNCIL Page 5 FEBRUARY 3, 1988 NEW BUSINESS Continued D. Proposed Changes to Blaney Plaza Banner Program i The City Manager asked that this Item be Continued to February 17, 1988. E. Adoption of Heritage Resource Inventory - Oral Report and Discussion The City Attorney reviewed the Memorandum of Januax~ 28, 1988; he discussed the State His- torical Building Code definition of qualified historical buildings. Councilmember Hlava questioned whether incentives were being provided for owners of historical sites; she felt that modification of a historical structure should not be required to obtain variance approval nor should the Planning Commission be required to make Findings; such undermined the intent of Variances. Councilmember Clevenger asked that property owners on the Heritage Resource Inventory be notified of any advantages accming to ownership of historic sites. Consensus reached that the Heritage Resource Inventory be noted and fled. F. Resolution 2466 Accepting Dedication of Alley behind Saratoga Avenue and Saratoga- Los Gatos Road The City Engineer reviewed the Report from the Engineering Department. Mr. Charles Mirrione, Postmaster, asked that the alley, if accepted for dedication, be named for the late Mr. George Whalen, Postmaster, who had served the City well. HLAVA/ANDERSON MOVED TO APPROVE RESOLUTION 2466, ACCEPTING DEDICATION OF AN ALLEY BEHIND SARATOGA AVENUE AND SARATOGA-LOS GATOS ROAD, TO BE NAMED GEORGE WHALEN WAY. Passed 5-0. 9. CITY COUNCIL ITEMS: A. Reports from Individual Councilmembers Councilmember Anderson reported on the Superior Court Hearing of February 1, 1988. She noted that Ms. Mary Hatper was being honored by the Human Relations Committee; she asked that the City honor Ms. Harper with a proclamation on February 17, I988. She presented information on the Cadwick-Coccardi subdivision Councilmember Clevenger noted that a proposal for the Paul Masson Champagne Cellars would be presented by a prospective developer of the site. Councilmember Hlava reported on Para Transit She reported on Solid Waste Committee Councilmember Moyles provi_ded additional information on the Route 85 Foothill Meeting. ADJOURNMENT: The meeting of the City Council was adjourned at 9:30 P.M. to Closed Session on Route 85 Freeway Agreement. Respectfully submitted, Recording Secretary