HomeMy WebLinkAbout01-02-1985 City Council Minutes TIME: Wednesday, January 2, 1985 - 7:00 p.m.
PLACE: Civic Theater, 13777 Fruitvale Avenue
TYPE: Regular Meeting
ROLL CALL - Councilmembers Callon, Clevenger, Hlava, Moyles and Mayor
Fanelli present at 7:05 p.m.
B. MINU~P~ - 12/19
Mayor Fanelli commented, in connection with the report on commissioner attendance,
that she had previously contacted Commissioner Crowther because of attendance
concerns.
MOYLES/CALION MOV~D TO APPROVE THE M/NUTES AS SUBMITf~U. Passed 5-0.
II. ORAL COMMUNICATIONS
Mr. Jeffrey Lea of Lea Engineering rose to speak on behalf of Alan Lambert
concerning an appeal to the City Council expected to be filed by Heber Teerlink. He
requested that the City Council read a letter which he submitted and make any site
visits which might be helpful well before the appeal was considered. Councilmember
Hlava requested that the Council be given the report on the matter which was to go
to the Planning Commission for their next meeting.
III. CI3~IS~
1. Aprile (by ~hrle)
CLEVtNGER/MOYLES ~ ~ D~ 5 ~. Pass~ 5-0.
B. ~ ~t ml~ar I~:
1. F~ ~~, ~R 1331, ~, ~r~g~ AMue
~~ 36-~212
2. ~ ~l~g Site ~, ~R 1576, R. ~lhd
3. ~r~ of ~z~t ~
~/Mq~ MO~ ~ ~PRO~ I~S 1-3 eR O~ CONS~ ~T,~ I~S. Passd
5-0.
A. ~~ld ~
1. ~r~ of bl ~s~g ~ ~a~
.~m~ity ~ices Dire~or e~lained pro~sd contra~s, noting ~at ~e problem of
crossing ~rds r~est~g ~emplo~t ~ents d~ing the seer had bee t~
~re of by S~te law. He also noted ~t ~e en~a~s wi~ ~e ~ee different
sch~l distri~s were all simil~ except that the ~p~ll sch~l district con~a~
indicted ~t ~e City of ~atoga, ra~er t~n ~e sch~l district~ was ~e
eployer. In answer to Co~cilme~r Moyles, ~. ~gow confired t~t the prima~
differece in ~e ~p~ll contract concerned li~ility for acts of employes.
Mayor F~elli e~ressd concern with the City's t~ing an ac~ve ~ in crossing
~d se~ices, ~rti~larly ~e Com~ity ~ices Officer's involvem~t.
~gow ag~, ~inting out ~at the contracts were to temi~te on J~e 30, 1985, so
~at ~e City would no longer be involved as of ~t date. He recomm~ded ~at a
meet~g wi~ the sch~l distri~s ~ arr~gd to infom the t~t the City would no
longer ~dle crossing ~rds as of ~at date. Councilme~r ~ava objected to ~e
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characterization of the amounts to be paid by the districts to the City as "income."
She also expressed concern that the City would be the employer in the case of the
contract with Campbell. Councilmember Callon felt no need for the City to
involved in crossing guard services now that the schools had been provided with
relief from the effects of Proposition 13. Councilmember Clevenger believe(] that
the Council should consider making a policy statement against providing cressing
~rd services after discussing the issues with the school boards. In answer to a
question she asked on insurance, Mr. Argow stated that the City's liability
insurance policy weuld not be affected by the contract with Campbell.
CLEVENGER/HIAVA MO~D TO APPROVE SCHOOL CROSSING GUARD CONTRACTS AND AUTHOPJZE THE
CITY MANAGER TO EXECUTE TH~M. Passed 5-0.
B, REPORTS I~OM COM~SSIONS
1. Oral Reports frc~a Cu,~ssic~ers - None.
Co ORDINtNC~;/~D RESOILFfIONS
confo]mling Structures (C-211) (second r~cling)
Councilmember Clevelger reported that she had discussed with a Planning Commissioner
the reasons why the Commission had wished to increase the setback requirements; she
was told they wishe] to maintain the rural character of the hillsides. AS to Pierce
Road, she was told not many lots would be affected by the increased setbacks; as to
Mt. Eden Rd., the l~d is flatter, and maintaining the rural character was the
primary consideration. There was not much discussion by the Commission, she said,
because they all agreed on that issue. Mr. Toppel of the City Attorney's off'ice
brought up the need to make findings to justify a variance. Councilmember
Clevenger discussed the. point that developers tend to site houses with minimum
required setbacks, m~d setbacks are a primary factor in the appearance of a
neighborhood. Councilmember Callon noted that if setbacks were longer in front,
houses would be closer together in beck. Councilmembers in general felt that
sufficient control over the siting could be exercised through the tentative map and
design review processes, making longer setbacks unnecessary.
MOYI.F-q/HLAVA MOVED TO READ ORDINANCE NS-3.61 BY TITLE ONLY, WAIVING FURTHER READING.
Passed 5-0.
~K)YI.F.q/HIAVA ~K)VED TO ~X)PT OPaDINANCE NS-3.61. Passed 4-1 (Clevenger opposed).
2. Text/%m.er~mpmts to Zoning Ordj31anoe Concerning B~ght Measurement,
Office Parking and Public ~earing Design ~=view (C-212) (second rea~ng)
MOYLES/HLAVA MOVED IY) READ ORDINANCE NS-3.62 BY TITLE ONLY, WAIVING FURTHER READING.
Passed 5-0.
~DYr.F-q/PILAVA ~K)I/tD ~D ~MDOPT ORDINANCE NS-3.62. Passed 5-0.
3. Resolutic~/~m~nH~ng CC&R's for McBain and C,~b/~s. Subdivision
Community Development: Director explained proposed amendment. Mayor Fanelli stated
that she shared to some extent the concerns expressed by Planning Commissioner
Cr0wther, but felt t~t protections were provided against the fencing becoming
wholesale.
CLEVENGER/CALLON MOVtI) TO ADOPT RESOLUTION 2203 AMENDING ~E CC&R'S. Passed 5-0.
D. BIDS ~ CU~II{~S - None.
V. l~3nnIC ~EARINGS
It was decided to hold the public hearings for Items A and C together, since they
concerned similar matters. (Clerk's Note: Item B, Amendment to Section 4-115 of
Saratoga City Code Pez~aining to Modification of Business Licenses (first reading)
had been removed from the agenda at the request of the City Attorney. )
3-1/2/85
/~ Amendment to Zeling Ordinance to Create a ~eneral Appeal Procedure for the
~l~re Code, Shorten the Appp~] Period from 15 to 10 Days and Make Other
Minor Clarifications and Mca~fications per OrcL NS-3, Art_ 18 (first
r~a~ng)
C. Amendment to Chapter 1 of Saratoga City Code Pertaining to Definitions
and Rules of Interpretati(m (first re~d~ng)
Mr. Toppel of the City Attorney's office explained the provisions of the proposed
ordinances. Councilmember Callon expressed reservations concerning the adoption of
a resolution at one meeting to memorialize Council action on an appeal at a previous
meeting, fearing that the resolution might not reflect the findings accurately. Mr.
Toppel explained that he wrote such resolutions on the basis of Council discussion
and did not feel accuracy was a problem. Councilmember Callon then pointed out an
apparent inconsistency in the ordinance as to whether one must be an interested
person in order to make an appeal, if one is not the subdivider. Mr. Toppel stated
that he would check State law on the matter and make any necessary wording changes.
The public hearing on both Item A and Item C was opened at 8:00 p.m. No one
appearing to speak, it was closed at 8:01 p.m.
Councilmembers discussed further issues. As to the scope of appeals, Councilmembers
Callon and Fanelli felt that under a "de novo" system, a would-be appellant/applicant
might be discouraged from appealing conditions if the approval of his project might
be jeopardized by the appeal. Furthermore, if a person other than the applicant
appealed a decision on certain grounds, the entire project could then be disapproved
on other grounds. Councilmember Clevenger, however, believed that conditions could
be inextricably related to the entire approval, so it could be impractical to
single out individual conditions for consideration. Councilmembers Moyles and Hlava
- agreed, adding that the public often brings up items not being appealed at the
hearing anyway, and the Council still has discretion as to what it considers.
Councilmember Clevenger also requested that Mr. Toppel 'of the City Attorney's office
check to see why an "interested party" would receive a decision faster than a
subdivider. Mr. Toppel said he would check into State law on the matter.
MOYLES/HtAVA MOVED TO INTRODUCE AN AMENDMENT TO THE ZONING ORDINANCE TO CREATE A
GENERAL APPEAL PROCEDURE FOR THE ENTIRE CODE, SHORTEN.THE APPFAL PER/0D FROM 15 TO
10 DAYS, AND MAKE OTHER MINOR CLARIFICATIONS AND MODIFICATIONS. Passed 5-0.
CALLON/MOYLES MOVE~ TO INTRODUCE AN AMENDMENT TO CHAFr~ 1 OF THE SARATOGA CITY CODE
PERTAINING TO DEFINITIONS AND RULES OF INTk~LPRETATION. Passed 5-0.
D.- Amenament to Section 3-9.8 of Saratoga City Code, the Farly Warning Fire
Peporting Systen (first reading)
The public hearing was opened at 8:15 p.m. No one appearing to speak, it was closed
at 8:16 p.m.
CLEV~qGER/MOYLES MOVED TO INTRODUCE THE ORDINANCE. Passed 5-0.
E. Amendment to Saratoga City Code Prohibiting the Sale of Alcoholic
]leverages in ca~ Stations (first reading)
City Manager explained proposed ordinance. The public hearing was qpened at 8:17
p.m. No one appearing to speak, it'was closed at 8:18 p.m.
Mayor Fanelli brought up the question of whether the problem was one of gas stations
specifically or of other businesses. Councilmember Callon noted that although the
ordinance may have emotional appeal, there is not necessarily any factual basis for
the connection with gas stations. She believed that if there is a problem, it Could
be regulated by the use permit process. Councilmember Clevenger felt that it would
do no harm to adopt the ordinance, and it might prevent accidents. Councilmembers
discussed the use permit as a means of enforcing the intent of the ordinance, but
Councilmember Hlava pointed out that not all gas stations may be required to have
4-1/2/85
use permits. Mr. Toppel of the City Attorney's office agreed to find out what gas
stations do and do not have use permits.
'CONStlqSUS TO= D~b'BR Iqt~4 TO NEXT AGEkDA FOR REPORT FROM CITY ATIDRN~Y.
~ Discussifm of Oral Communicaticms, if any - Councilmember Moyles coRunented
on the need to handle expeditiously the case about which Mr. Lea spDke.
B. Written C~mmmmicaticea from the Public
#1 from C. Couchman e~pressing concerns over land use decisions - Mayor Fanelti
volunteered to write Mr. Couchman concern/rig the Council's intent to keep aul open,
public process.
Mayor Fanelli then noted that she had received a letter from Red Diridon concerning
an ad hoc committee on Highway 17. Councilmembers expressed no interest in
participating in shch a committee. Mayor Fanelli. stated she would call Supervisor
McKenna for further information about the committee; if the committee seemed to be
of no concern to the Board as a whole, she would inform Supervisor McKenna about
Saratoga's lack of i3~terest.
C_ New Business fr~n S~f, Adm/nistrative Reports not Scheduled
City Manager reported that the Tripp property had been added to sites to be cleaned
up with State "superfund" monies.
D. New Busim~;s ffc~ Councj ]-~.~ers
Councilmember Callon requested ~hat Deputy City Clerk find out whether ICC had been
canceled for January..
Councilmember Moyles commented that-he would report to the Council on the issues h~
felt the Santa Clara County Traffic Authority should decide in the near future. He
also mentioned that he had blueprints for the Hakone Gardens master plan, which was
to be discussed at the next study session.
Councilmember Moyles noted that certain street lights in the Village were out.
Mayor Fanelti suggested purging completed items from the log after one year and
removing completed one-time items such as the design of the Saratoga flag. There
Was Co~seI1s~ls to do
VII. ADJM
The meeting was adjo~rned at .8:38 p.m. in memory of David Wyand, former Parks and
Recreation Cc~anissioner.
Respectfully submitted,
Grace E. Cory
Deputy City Clerk