HomeMy WebLinkAbout05-26-1981 City Council Minutes SARATOGA CITY COUNCIL
TIME: Tuesday, May 26, 1981 - 7:00 p.m.
PI3~2E: Cc~mnnity Center Meeting Roc~
TYPE: Regular Adjourned Meeting
EXECLTIVE SESSION - Litigation - 6:00 p.m.
Crisp Conference Rocm
~'.'1'~ OF THE WHOLE - 7:00 p.m. (convened at 7:50 p.m.)
Meeting Rocm
I. Discussion of Draft Historic Preservation Ordinance
ADJOURNED REGULAR ME~TING - 7:30 p.m. (convened at 8:b5 p.m.)
I. Consideration of the Draft Northwest Hillside Specific Plan end its Environmental
Impa~ct Report (Public Rearing continued frcm 5/6/81)
City Council considered draft prepared by Assistant Planner Kerdus. ~ They
discussed modifications and made a number of changes concerning grading, siting
of lots, protection of ridgelines, maintenance of trails-~and easements, impl~nenta-
tion of agricultural zoning, fire protection, requirement for security devices and
security review, response zto geol~gic2hazards, restrictions on number of horse
permits, conditioning of map approval for development of trail system, mine
centerline radii, and circulation.
The public hearing' Was opened. Members of the public noted that this was their
last chance to speak at a public hearing on the Specific Plan. Concern was
expressed about the potential disruptive widening of Pierce Road. Mayor Callon
replied that the Specific Plan, including road widening, had been extensively
reviewed by staff and citizens.
It was pointed out that earlier drafts b~d mentioned nb~t of the major roads by
n~ne, but the current draft does not. It was clirified'that no through roads
should be permitted other than those specifically mentioned.
In response to Mayon Callon, Director of Public-,Works stated that significant
improvements to the creek side of Pierce Road would be necessary to construct
1~1' lanes, but that it was possible to do so. Moreover, the Specific Plan merely
defines future possibilities for road construction and does not mandate irm~diate
construction.
It was noted that if grading in excess of 50 cubic yards requires a public hearing,
most houses will require such a hearing.
~ There being no furthieF pr~sen~on, the City Council closed the public hearing.
AGI~qDA ACTION
II. A. ORAL ~ICATIONS (continued) Byron Howard, 1609 English Drive, San Jose,
spoke as chairman of a citizen's ca~nittee
concerned about safety of Prospoct/Lyle inter-
section. He presented 'the Council with a peti-
tion containing 650 signatures requesting sup-
port for a traffic light in the area.
B. WRI'ITEN O0~MI~ICATIONS Referred to staff for reply.
With respect to Item 7, letter from Willys
Peck supperting enactment of Historic Preser-
vation ordinance, City Manager stated that
Mardi Bennett, a consultant, was available to
work on this project. CONSENSUS TO DIRECT
CITY M3LNAGER TO WORK WITH MARDI BENN~Fi' TO
DEVELOP PLAN WHEREBY SUE COUID PRODUCE HISTORIC
PRESERVATION ORDINANCE AND REPORT TO COUNCIL
ON PLAN.
Councilmember Mallory con]nented on the fact
that the City had committed. $1,000 to a lawsuit
concerning Medfly spraying. He stated that the
amount had been raised to $2,000, and that this
should have been discussed in an open meeting
rather than executive session.
City Attorney sunmarized the issues involved anl
progress of the lawsuit.
III. SUBDIVISIONS, BUILDING SI'I'~]S, ZONING None.
REQUESTS
IV. PETITIONS, ORDINANCES, AND RESOLbTIONS
A. Consider petition fran residents of ~IALIDRY/jENSEN MOVED TO REFER TO PUBLIC WORKS
Fruitvale Ave. requesting correction STAFF FOR REPORT. Passed 5-0.
of vertical grade. Reconrnended action=
Refer to Public Works staff to review
and report back to Council relative to
ccImplying with requests and associated
costs. .
, ..
B.. First reading of ordinan6e to' amend 1,- JENSEN/CLEV~GER-MOVED ADOPTION OF NS 60.11.
· Land Development Ccelmittee proceed.-* ~ Passed 5-0. '
' ings.
V. PUBLIC HEARINGS - 8:00 p.m.
A. Consider appeal of Sara{o~a Federated IF~IStlN/CLEVENGER MOVED TO SET HEAR1NG DE NOVO
Church,'20390 Pa~k=Place, onfPla/ming FOR 8:00 P.M.,r 6/13.Passed 5-0.
ConlniS~io~' 'd~ial, 6f UP'. ~83.~ Appli-
cant has r'eques~d de nO~o,h~aring. i CLEVENGER/CALLON MOVED TO DIRECT CITY ATTORNEY
Redcmmehded ac~ionf consider r_ ~ecjuesf TO PREPARE DRAFT ORDINANCE MAKING ALL APPEALS
for de novo hearinq~ if~ app~oved,= ~et BEFORE COUNCIL DE NOVO. Passed 5-0.
d~tre.r, ~ ] _ -, .,'f" · "'. '. r, .]. '
B. Consider appeal of condition of appro- Planning DireCtor reviewed 'history'. 0f- appeal
val of Land Development Ccs~dttee on ar~ noted Staff' reconmendgtion to either'
SDR 1491 (applicant/appellant, Dean 8n~ deny or. jgrant'appeal.. ':' - : .......
Susan Nowacki). Applicants have not '. ' . .'' ' ",- :'v . -..'. '-
requested de novo hearing. Recarmended Ernie~'~au~,-Sara[oga Fir~. Chief, n6~d, ~hat'
action: cond,~ct public hearing and the purpose of the 1,000 gallon per minute re-
consider merits of Land Development quirement was to ensure adequate fire flow to
Camm/ttee decision. new development, rather than to upgrade exist-
ing homes.
The public hearing was opened.
3-5/6/81
AGENDA ACTION
John Haufe, 21210 Canyon View Drive, described
the Wildwood Heights area and asserted that th~
second-story addition proposed would not affect
fire safety. Only 56,000 gallons were availab]
in any case, he said, and no more would be
available for several years.
Ernie Kraule, Saratoga Fire Chief, gave inform
mation on nearby hydrants, their water pressure
the likelihood of further development' in the
area, ar~ various methods of providing fire
protection.
.
Councilmember Jensen expressed her preference
for a sprinkler system as the most effective
way to make use of water~ available.
Director of Public Works, Fire Chief, and
Planning Director discussed the2possibilities
of further development in the area, including
additional two-stQry conversions, possible tie-
ups to any water system which could be connecte
to the area, and the costs involved.
Mr. HaUfe stated that no further building was
~Dssible_ _in that section of the subdivision.
....... The public hearing was closedl,
Marty Clevenger stated that she" believed the
~appeal should be granted based on ccmtoliance
with the Fire ~i~f's conditions: She
expressed concern about the costs involved
of installing a sprin~.ler syst~.
Councilmember Jensen also expressed concern
oVer the uncertainty of costs for improve-
,~ent;Ishe stated' that,some sprinkler systems
cost ~2,000-3,.000 fo~ large hc~nes.
Counci~r Watson suggested that the apt~al'
be granted subject to the Fire Chief 's reccan-
mendationS only; as to a sprinkler system, he
felt the Nowackis should not be required to
install anythi.n.g not required of the neighbors.
NATSON/CLEVENGER MOVED TO GRANT APPEAL SUBJECT
1D CONDITIONS ObTLINED IN FIRE CHIF~ 'S I~JI'fER
" D~rEU 5/1/81 (FIRE RETARDAN~ WOOD SHAKE ROOF
~ AND AUIDMATIC FIRE ALARM SYSTem4); PLANNING
DEPARTMENT DIREUrED TO ISSUE VARIANCE. Passed
4-1 (Jensen opposed).
VI. BIDS AND CONTRACTS
A. Consider results and recommendation on Zity Manager noted that only one bid had been
bids for re-roofing Civic Theatre. : submitted according to City requirements.
'- Recul~ended action: to be presented Councilmember Watson expressed dissatisfaction
at Council meeting. ~ that no mere bids had been received. Director
i of Conmunity Services explained steps taken to
encourage bidders to submit bids.
CALLON/CLEV]t~GF~R MOVED TO APPROVE SUPPLEMENTAL
APPROPRIATION AND AWARD CONTRACT TO CALIFORNIA
NDOFING IN AMOUNT OF $20,173. Passed 4-1
CWatson opposed).
4-5/6/81
AGENDA ACTION
VII. OONSE~T CALEB~AR Jensen requested removal of Item D; Callon, of A.
J~qSEN/WATSON MOVED APPROVAL OF ITEMS B,C,E, AND F.
Passed 5-0.
A. Lands, caping and Light District LLA-1 .CAiLON./MALLORY MOVED TO ADOPT RESOLUTION 1004A-C.
Recc~m~/qded action: Approve rasolu- P~assed 5-0.
tions appointing attorneys, giving
preliminary approval of.engineer's
report, and setting time and place
for ~ublic hearing to consider
said report.
B. Conskder request from Foothill Club Approved..
to conduct parade May 25 along Oak
Street frown 'Msmorial Arch to
Madronia Cemetery. Recommended
action: 'By m/nute action, direct
that Oak~ Street be closed along
parade route and that City provide
traffic control services EO the
event.
C. Consider release of surety bond Approved.
· for improvements in exchenga for
deferred improvement agreemen~ in
re SDR 755, Piedmont R~. Recom-
mended action: approve release
of surety bond and approve de~-
ferred improvement agreement;
authorize mayor to execute
agreetent with 2applicants. ~
D. .Consider final building 'site. Councilma~ber Jensen expressed concern that ~uildin~
approval for SDR 1420 along Big was too close to creek.
Bas~ Way (applicant, St~n. ley
Carroll ). Recommended action: C~,arence Neale, 20345 Williams, objected to the
Adopt resolution approving construction site', as he believed it was on 2
building site and authorize exe-- f. il-1, whi_ch~t~as.? unstable.
cution of building Site 'appr6v~l
· agreement. -Warren Heid, speaking as the architect for the
building, asserted 'that the fill 'was
Suie~tSle .~o~ ibuilding~ Dig~ct~',of, Publib'.Works
n6ted ]that"~tF~.'lSlins called'"for -a ~strongef~then-
~tandardcfoundation~'.to r. cu{~enS~te =fo~.I.th~ 20'
depth of fill.
Councilmember Clevenger pointed out that the Coun-
cil had in the past objected to being forced to
approve a final map because the tentative map h~d
previously keen approved. City Manager stated that
· ~ these procedures are mandated by the Subdivision
Map Act, and~Council's authority canno~ be' dele-
. . gated away-. He noted that the Planning Ccmmnission,
however, could ~review such applicat-ions~'and"'forw~rd
them with. recc~mendations.
WATSON/MALLORY'MOVED TO APPROVE AND ADOPT RESOLU-
TION 1420-02 GRANTING FINAL BUILDING SITE APPROVAL.
Passed 4-1 (Je/~sen oppos&d)
E. City Treasurer's Report -L 3/31/81 Approved.
F. Payment of Claims Approved.
5-5/6/81
AGENDA ACTION
VIII. ADMINISTRATIVE MATTERS
A. MAYOR
B. COUNCIL AND CONicfISSION REPORTS Councilmembers reported on activities of agencies
to which they are representatives.
CounCilmember Clevenger stated that the General
Plan review process was effective; she noted some
changes to Resolution 1005 (defining the functions
of the General Plan Citizens Advisory Committee)
which that conmittee had suggested.
Dora Grens, 13451 Old Oak Way, provided further
information on the subject.
'GONS~SUS TO MEET JOINTLY WITH GENERAL PLAN CITI-.
ZENS ADVISORY COM~L!'rI'SE 5/14 (LATER CHANGED TO
5/21). .. . ~ . .
1. Park~ and. Recreatio, h~, . W~A~TSON/CLEQENGER .MOVED TO ACCEPT GIFT. Passed 5-0.
Cc~mlission - Acceptance of
Gift of Sen~or CitizeD ~Fit-
ness 'Co~r~e~ for E1 Qu.it~ P~. "'
C. DEPARTMENT HEADS .AND OFFICERS..
1. Director of Public Works
a. Caltrans proposed bike Cbuncilmembers discussed two alternatives des-
lane improvement at Sara- ' cribed in staff report 'which had been approved by
toga-Sunnyvale Road from Caltrans, as well as third alternative later
Marion Avenue to Brookwood approved by Caltfans. The latter would involve
Lane. Recommended action: the State's building most of the bike lane, but
Review proposal and direct leaving a gap across Mr. Neale's frontage, with the
Council comments be for- City providing a facility such as a patJ~qay across
warded to Ca ltrans. Coun- the gap. This alternafive would involve removing
cil approval not required. no trees.
Councilmember Clevenger expressed her belief tha~
it was best to keep the trail on grade level by
elxtending it into the median; she preferred to
save Mr. Neale's tree rather than the trees in the
median.
CounCilmember Jensen observed that the trees had
several good years left and expre,ssed her desire to
retain th~n, esFecially since they were at an
entrance to the City. She was concerned inm~thi~"
p~rt~cular place ~mofe aboUt.f.the.-safety. Of-?.=
.chi~dren~alking to school than bicyclis[s.
Clarence Neale, 20345 .Williams, expressed his
Willingness to accept whatever solution the City
agreed upon with regard to his frontage.
M~yor Callon noted that residents in her neighbor-
hood felt that the City should have better'land-
scaped medians; she felt the media under con-
sideration should be well-landscaped if the trees
w, ere removed.
Mallory/Callon moved approval of alternative #2 of'
staff report dated 5/6/81, involving removal of the
3.6" oak tree on the Neale frontage ahd continuance
o~ the bike path to Saratoga Ave. Failed 2-3.
% ,= .~ U6/sl
'~'~ ' AGE~DA 'ACTION
C.l.a. (continued) ' ~CAILONyCLEVENGER MOVED TO RECOMMEND BICYCLE FACILI
TY A~ GRADE LEVEL, TO BE CONSTR~'I'EU WIT~{ WHATEVER
STEPS ARE NECESSARY TO ACOOMPLISH THAT; TO DIRECT
PUBLIC WORKS DIRECtfOR TO ~I)RK Otr~ AGREEMENT WITH
CALTRANS FOR DESIGN REVIEW OF MEDIAN WHICH IS TO
BE DEVELOPED; AND TO RETAIN OAK TREE ON NEALE
FRONTAGE. Passed 4-1 (Jensen opposed).
b. Review plans for bicycle lane JI'IqSEN~CLEVENGER MOVED APPROVAL OF A STANDARD 4'
improvements along Allendale frc~ BIKE LANE PROHIBITING PARKING AND AUTFDRIZATION OF
Quito Road to Vasona Creek. ADVERTISING FOR BIDS. Passed 5-0.
R~ded action: Select pre-
ferred optional improyement and :
authorize advertisement for bids.
c. Report regarding pedestrian City Manager reviewed history of intersection.
hazards at intersection of Ct~3rge Rice, 19'038 Brook]iaven Rd., stated that a
Prospect Road and Lyle Site report dated March 13, 1967, required the
scho6]_ district to share the cost of traffic
Signals at the intersection in question if such
signals were shown to be necessary; he asserted
~hat the school Board did not wish to ccrpl%<
with this requirement.
~ity Manager pointed out that the school hoard' s
'1968 action might not reflect its current judq~nent
Mayor Callon observed that. if the City gave priori=
~y to the subject intersection, we might be ne-
glecting intersections which are actually more
hazardous.
Dave Witherow, 2076 Colusa, San Jose, expressed
support for signalization Of the intersection.
Chris Charlebois, 1283 Happy Valley Ave., San Jose,
also expressed support for the signalization.
MALLORY/~ATSON MOVED TO APPROVE PROJECT FOR FUNDIN(
OF SAPJ~TOGA'S 25% SHARE AND TO DIRECT STAFF TO
hloPROACH CAMPBFI,T. SCHOOL DISTRICT FOR THEIR SHARE
AND TO REPORT ON PRIORITY OF INTEMSECTION SIG-
NALIZATION ESTABLISHED THROUGH STANDARD PRO-
EEuURES; Passed 5-0.
D. CITY MANAGER
1. Report on establishment of Continued to 5/20.
citizens financial advisory cem-
mittee. Reccgrnended action:
approve resolution creating
committee and determine recruit-
merit and appointment procedures.
2. Report on SHARP rental ccm- FK2D Coordinator sunr~rized issues.
ponent. Reconrnended action: Mildi~d Gord6n, ' 20299 Blauer Dr'.; repres&nt ing'
consider report and reccr~nenda-', ljeaque of' Wemen Voters and Saratoga Area Senior
tion to continue and give spe- Coordinating Council, stated that rentals, as well
cific direction whether to
as owner-occupied units, needed to be improved}
continuel she therefore favored continuance. She felt that
~roposed penalty for e~rly sale was acceptable.
Councilmember Mailory questioned need for pean~lty-
for early sale.
RENTAL E TO SHARP P~0GRAM IS MAINTAINED
AND ASK CITY ATiDRNI~Y TO STRENG~HEN RENTAL AGREE-
MEN~F BY PROVIDING PENALTY FOR EARLY SALE. Passed
4-1 (Ma'11ory opposed).
~ ·
IX. ADJOURNM~qT ADJOUR~rFD AT'.12:00 MIDNIGHT TO 5/9 at 11:30 .a.m.
~espectf~lly sutmitted,
~ra~~.E~=- Coryabz
~p~t~7iCi~!; Clerk