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HomeMy WebLinkAbout03-04-1981 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, March 4, 1981 - 7:30 p.m. PLACE: City Council Chambers, 13777 Fruitvale Avenue, Saratoga TYPE: Regular Meeting AGENDA ACTION RECEPTION FOR NEW CITY MANAGER - 6:30 p.mo- Lobby of the Civic Theater REGULAR MEETING · I. ORGANIZATION A. ROlL CALL - Councilmembers Clevengez All Present. Jensen, Mallory, Watson and Mayor Callon B. MINbTES - 2/18/81 JSNSEN/CLEVENGER MOVED APPROVAL. Passed 5-0. II. ~ICATIONS Ao ORAL B. WRITi'EN Referred to Manager. Jensen/Watson moved to direct City Manager to resolve problen of illegal fence on Fe~nster property fWritten Communication #1 - Mr. & Mrs. C. W. Neale), by taking appropriate steps to move back fence and reduce its height. to satisfaction of both parties and City within reasonable period of time. Passed 5-0. III. SUBDIVISIONS, BUILDING SITES, ZONING REQUESTS A. BUILDING SITE APPROVAL - QUITO/ ?tanning Director reviewed staff report and SARATOGA CENTER explained staff interpretations of City Cede .. requirements concerning setbacks when areas 1. Resolution No. 1472-02 adjoining or across street frc~n a given site are in a given zone. ~'He .s,t~fed his 'belie"f.. that~i the.':prop6sed .~fiha'~l' map ~wa~ in-I'~on~~ form~anc~- 'Wi~th'.~the'. iintentT; Of~ ~thl~: ~rdi'- na~ce'~j~ City At~_orney explained that the Council had three issues to determine: whether the final map confolqred to the tentative map; whether the conditions of the tentative map approval had been satisfied; whether the final map conformed with Zity ordinau~ces. No further action could be $ouncilmember Watson stated his concern with large buildings close to the street. He said the zoning ordinance should be reviewed because its ~ite~ia allowed ~uCh a building as 'that proposed. He felt the review deserved high )riority. ~0un~iJ~ J_enseD .Stated+ her ~etief that-~he pr.0po~ed ~_uilding did not meet. the?OrdinanceZs ,criteri~ and.~ explained ~her. interprethtion ~0f the ~rdin~nc& "~' ~etb~Ck ~requir~a~nts. 2-3/4/81 AGENDA ACTION City Manager noted instances of ambiguity in the zoning ordinance, and City Attorney agreed that conflicts existed. F~DrcoVer, he pointed out that procedure in recent years had not been in accord with code requirements. Intent of the Cede, he believed, was to have map approved by one agency at one level end by another agency at a higher level. Instead, approval by the Council was now a ministerial act rather than a discretionary approval. He reco~nended that the developer be asked if he were agreeable to the Council's reviewing the final map. Arthur Shelton, President of Quito-Saratoga Center, Inc. spoke in favor of approval of the final map and. expressed confidence that the Council would follow his interpretation z of L the law. City Attorney noted that the Council needed to make findings only if the map were not in conformity with the ordinance. Mayor Callon expressed her concern about the size of the proposed building and its proxi- mity to the curb. She felt a change in the ordinance which would increase the setback requirerents was needed. Consensus to ask the Planning Ccamission to review the problems with inadequate setbacks end other things that are deemed to be pro- blems in cc~mercial, multi-family and resi- dential projects such as those at the corner of Kirkmont and Saratoga-Sunnyvale NDad, the Campbell-Cage-property, and the housing ~etwean Cox and Azule on the south side of Saratoga~Surmyvale Road with the intent that they look at these problems, determine what is the problem, why it occurred, what caused it to occur, and how we can prevent such problems frown occurring in the future, if they also feel they are problems; followin{ this a joint study session is to be' held with the Council and Conmission to review their findings. Consensus that the Council convey to those involved with the granting of variances its concern about any granting of variances while setbacks are being reviewed. Councilmember Clevenger objected to the Council's being in the position of being forced to approve a final map. Since there were apparently no pending projects involving z possible setbacksproblems, she felt this · ~ ~RDUld be a good time t'o examine the problem. CounciLmember Jensen noted that the grant of a height variance for the proposed project 3-3/4~81 AGENDA ACTION demonstrated that the Council had not had cooperation with its goals. She believed residents would be disturbed at the height of the building after its construction. MALLOF~f/WATSON NDVED TO F[~KE FINDINGS THAT FINAL MAP AND TENTATIVE MAP ARE IN CONFOR- MITY WITH CITY ORDINANCES AND THAT CONDI~rGNS OF T~NTATIVE MAP HAVE BEEN SATISFIED AND TO ADOPT RESOLUTIGN NO. 1472-02. Passed 3-2. (Jensen, Clevenger opposed). Council directed Manager to address the issues of setback requirements and a defi- nition of the final map procedure and report back to Council with recomendations. IV. PETITIONS, ORDINANCES & RESOLUTIGNS A. APPLICATION BY MR. & MRS. ~II.RN DON FOR Jensen (no second) moved approval of Resolu- THE GRANT OF AN EXCEPTICN FI~OM ~HE IN- tion 984, with amendments indicating that TERIM RESTRICTIONS IMPOSED BY THE ! there is Uncertainty with respect to section INITIATIVE ORDINANCE ADOPTED BY THE 4C and that Sig~ificint~geologid hazardS~ VOTERS IN AN ~ION HEI,D ON e~ist on-.thef.site. ~F~ite~ .3.=2~(Catlon,l APRIL 8, 1980. ~ C~even~r, ~llory opposed). 1. t~solution No. 984 Mallory (no second) moved approval of Reso- lution with amendments indicating that there I is extreme hardship but that other c~iteria, including density, are not satisfied. Failed 1-4 (Callon, Clevenger, Jensen, Watson opposed). Mallory/Watson moved adoption of Resolution 984. Failed 2-3 (Callon, Clevenger, Jensen opposed). ~t,RVENGER/~,[IiLOP~v .~DVF~D ADOPTION OF Fd~q(jLU- T~ON 984. Passed f3-2 (Cailon/Jensen opposed~). B. PETITION RELATIVE TO THE ABANDONMENT JENSEN/WATSON FOVED TO REFER TO MANAGER WITH OF PEDESTRIAN/EQUESTRIAN WALKWAY EASE- DIRECTION TO RETURN REPOIIF TO COUNCIL MENT, TRACT 5164 ANALYZING'REQUEST AND PRDVIDING INFORMATION ON CONSEQUt~CES OF PROPOSED ACTION. Passed 5-0. V. PUBLIC HEARINGS A. APPLICATION BY MR. RALPH MARES FOR THE. The public hearing was re-opened. No one GRANT OF AN EXC~:FfION FI~gM THE INTERIM appearing to speak, it was continued to RESTRICTIONS IMPOSED BY THE INITIATIVE 3/18. ORDINANCE ADOPTED BY THE VOTERS IN AN 2 RLRCTION ~FI.D ON APRIL 8, 1980 (to be '. Councilmember Jensen asked for written continued to 3/18 at request of appli- documentation that the site had been annexed cant) at the next meeting. VI. BIDS AND CONTRACTS NONE VII. CONSP1WT CALENDAR Clevenger requested' ~rermo~al'~0f~ C; E;.'.Watso~ Of F.I '~ 'CLEVENGF~R2~NATSON ~DVED? APPROVAE ~ ADOPTION OF ~ Passed 5-0. 4-3/4/81 AGENDA ACTION A. RFI.FASE OF IMPRDVEMMqT BOND, TRACT 6731 ~ APPRDVED. (Gerald Butler, Vickery Avenue) B. 'STATE HISTORICAL BUILDING CODE ADOPTED. 1. Resolution No. 997 C. CONVERSION OF STReeT LIGMTS CounciLmember Jensen agreed with Council- member Clevenger's concern with the harsh glare of the proposed street lights. Mayor Callon noted the cost- and energy-saving features of the conversion. City Manager pointed out that intensity of the- lights and placement could affect reactions to the light. Director of Public Works noted that the existing hardware would be used for the new lights. MALLORY/WATSON MOVED TO CONVERT STRUT LIGHTS FROM ~2~CURY VAPOR TO HIGH P~ESSURE SODIUM AS DEFINED IN 2/25 STAFF REPORt. Passed 4-1 (Jensen opposed). D. ACCEPTANCE OF DONATION TO I~IBRARY APPROVED. E. AGR~]MMENTS B~ J. WAYNE DERNETZ AND Continued to 3/18. CITY OF SARATOGA FOR SERVICES AS CONTRACT . ? '(CITY MANAGER POSITION) F. RESOLUTION COMMMqDING DAVID WYAND CALLCN/MALLORY MOVED ADOPTION OF RESOLLEFION 998. Passed 5-0. Resolution will be re- 1. Resolution No. 998 typed and presented at a later time. G. PA~ OF CLAIMS APPROVED.' VIII. AE~LINISTRATIVE MA~TERS A. MAYOR CLEVENGER/MALLORY NDVED TO DIRECT STAFF TO PREPARE RESOLUTION 1001 COMMENDING MILDRED GOPdDON AS CITIZEN OF THE YEAR AND ADOPTION OF THIS RESOLUTION. Passed 5-0. William Clark, 19404 Shubert, addressed the Council, stating that he did not wish to widen Walnut Avenue to the full 12' which had been required by the City in connection with his development. Consensus to d~rect City Manager to follow issue of Heritage Lanes; Clark should apply for final site approval; if Heritage Lane issue is not resolved when approval expires, Clark should request extension. B. COUNCIL & COMMISSION REFORTS CLEVtlqGER/WATSON MOVED APPOINTMENT OF ANNIE AIRD TO ACCEPT RESPONSIBILITY FOR PLANNING AREA I ON GENERAL PLAN CITIZENS ADVISORY COMMITTEE AS A RESULT OF JOHN ARING'S RESIGNATION. Passed 4-1 (Callon opposed). Mayor Callon expressed her objections to the process foilovid in making the appointment. 5-3/4/81 AGENDA ACTION WATSON/MAlLORY ~DVED TOi APP.~D~ 'LIFT' OF PA~RKING BAN ON 1Y~RBA SANTA COUP~ FOR THREE HOURS ON MARCH 18, AJlTM REQUEST OF MRS. CARDLYN LEWIS. Passed 5-0. Consensus to agendize election fraud issue at regular Council meeting (April 1). Council discussed need for joint tour of park facilities with parks and Recreation Con~ssion and agreed to meet with them 3/14 at 9:00 a.m. City Manager was directed to arrange Library tour for Council with Library Commission. 1. Announc~nent of Appointments of Par,ks Richard Vallone (longer term) and John Recreation Commissioners Saanders (shorter term) appointed. 2. Announc~n~ent',(~f ~ppointments ,6f Marilyn Kanemura (longer tezm) and Patricia Library C~m~ssioners Mahler (shorter term) appointed. 3. Reservations and Use Policy - Wild- WATSON/MALLORY MOVED TO ACCEPT STAFF RECOM- wood Park. F~qDATIONS ~N RESERVATIONS AND USE POLICY.' Passed 5-01 4. Composition of Land Developsent JENSEN MDVED ADOPTION OF OPTION #1 DESCRIBED Corm~ittee IN 2/26 STAFF REPORt, WITH PLANNING ~SSION EN~OURAGFJ) TO HOID MEETINGS IN EVENINGS TO Al,lf~q GREATEST PUBLIC PARTICIPATION. Passed 5-0. Council requested Planning Con]nission to examine possibi$ity of streamlining re- modeling approval procedures. C. DEPA~D~i~NT HEADS & OFFICEHS 1. Planning Director a. Adult Entertainment Facilities JSNSEN/MALIORY MOVED TO ADOPT OFTION #1, OF (Continued from 2/18) 2/12 STAFF REPORT INDICATING THAT THE HIBITION COD BE MADE MORE SPECIFIC BY DEFINING ADULT ENTERTAINMENT FACILITIES AND STATING THAT THESE USES ARE EXPRESSLY PRO- HIBITED IN THE CITY AND TO DIRECT CITY ATIDRNEY TO DRAFT ORDINANCE FOR COUNCIL CY]N- SIDERATION INCORPORATING ADDITIONAL Pt~0VISIONS OF MODEL ORDINANCE PRDVIDED BY ~ IN ACCORDANCE WITH OFTION #1 AND CONSISTENT WITH OTHER PNDVISIONS OF THE CITY CODE. Passed 5-0. b.AB 2853, Housing Element of the Set for Study Session 4/7. General Plan 2. Director of Public Works a. Acceptance of Dedication, SDR Continued to 4/1. 1387 and SDR 1388 Resolution NO. 1000 6-3/4/81 AGENDA ACTION 2. Director of CC~mhnity Services a. A~ditional Backstop Fencing MALLORY/WATSON MDVED APPNDVAL OF ADDITIONAL for Congress Springs Park BACKSTOP FENCING AS DESCRIBED IN 2/27 STAFF REPORt. Passed 5-0. D. CITY MANAGER IX. ADJOURNMENT - 12:00 or earlier Adjourned to Executive Session EXECUTIVE SESSION - Personnel and Litigation Respectfully submitted, Grace E. Cory Acting City Clerk