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HomeMy WebLinkAbout07-03-1985 City Council Minutes MINUTES SARATOGA CITY COUNCIL TINE= Wednesday', July 3, 1985 - 7:00 p.m. PLACE: Civic Theater, 13777 Fruitvale AVenue TYPE; Regular Meeting CLOSED SESSION - Meet and Confer - 6:00 p.m. Senior Lounge, 19655 Allendale Avenue REGULAR MEETING I. ORGANIZATION A. ROLL CALL - Councilmembers Callon, Clevenger, Hlava, Moyles and Mayor Fanelli present at 7:15 p.m. B. MINUTES - 6/19/85 MOYLES/CLEVENGER MOVED TO APPROVE THE MINUTES AS SUBMITTED. Passed 5-0. C. COUNCIL REORGANIZATION Deputy City Clerk declared the offices of Mayor and Vice }layor vacant and presided over this portion of the meeting. HLAVA/CALLON }lOVED TO INSTITUTE A SYSTEM OF ROTATION OF THE OFFICE OF MAYOR SO THAT THE MOST SENIOR COUNCILMEMBER WHO HAS NOT BEEN MAYOR WILL BECOME MAYOR, AND IN THE CASE OF COUNCILMEMBERS ELECTED AT THE SAME ELECTION, THE ONE WHO RECEIVED THE GREATEST NUMBER OF VOTES WILL BECOME MAYOR. Passed 4-1 (Moyles opposed). Deputy City Clerk called for nominations for Mayor, add Councilmember Hlava, in accordance with the new policy, nominated Councilmember Clevenger. Upon the call for a vote, Councilmember Clevenger was elected Mayor 5-0. D~puty City Clerk then called for nominations for Vice }layor, and Councilmember Moyles nominated Councilmember Hlava. Upon the call for a vote, Councilmember Hlava was elected Vice }layor 5-0. There was consensus that the intent of the Council was to have the election take effect at the July 17 meeting. Deputy City Clerk then returned the duty of presiding to }layor Fanelli. II. ORAL COMMUNICATIONS John Schadegg rose to object to a City requirement that he improve the street at a site where he was building a house. There was consensus to refer the matter to staff to be agendized at a later meeting. Dolores Smith, 14560 Westcott Dr., brought up the speed limit on Saratoga-Los Gatos Rd., which..she felt was too high in certain portions. There was consensus to send a letter to Assemblyman Konnyu objecting to the speed limit similar to a letter previously sent to State Senator Morgan. Dave Smith, Quito Road, rose to make various suggestions and ~o comment on several favorable experience he had recently had with City staff members, including Building Inspector Jay Hegg and Community Services Director Todd Argow.1 Bill Glennon, a trustee for the Hakone Foundation, reported on the status of the Foundation. Mayor Fanelli suggested.that if individual Councilmembers had concerns about the Foundation, they put them in writing to Mr. Glennon. III. CONSENT CALENDAR A.Resolution Granting Appeal (Karavaras Appeal heard 6[19) RESOLUTION 2247 B.Resolution Denying Appeal (P, hett's Appeal heard 6/19) RESOLUTION 2248 2-7/3/85 C. Resolution Accepting Offer of Dedication - Allendale Avenue RESOLUTION 2249 D, Resolutions Commending Par[icipants in Heritage. Home Tour sponsored by Councilmember Clevenger RESOLUTIONS 2250, 2251, 2252, AND 2253 E. Final Acceptance and Notice of Completion - Asphalt Concreta Overlay Project F. Approval of Assessmeut Segregation for Tr. 7578 - Oak Street H. Approval of Warrant List Community Development Director requested that Item P. be ~emoved. CLEVENGER/MOYLES MOVED APPROVAL OF THE CONSENT CALENDAR EXCEPT ITEM F. Passsd 5-0. Community Development Director explhined that the documentation was not available for Item F; nevertheless, he asked for the Council's approval, since the pEocess involved was a simple mechanical one. HLAVA/CALLON MOVED TO APPROVE ITEM F. Passed 5-0. IV. SCREDffLED NAI'£~RS A. ADMINISTRATIVE REPORTS 1. Update on Pavement Management for 1985-86 Maintenance Director explained report, answered qud~tidns, and submitted maps showing planned work. 2. Update on Garbage Contract Community Services Director explained report, and answered questions, noting that the compromise measure should have been noted as resulting in increases of 5%, 4%, and 2% per year. 3. Report ,on Sale of Saratoga Cable Television Community Services Director explained report, noting that the Council would need to adopt a resolution approving the sale later. Mayor Fanelli suggested that community access might be obtained through some source other than West Valley College. She also suggested a requirement that homeowner's permission be obtained before the company entered private property; City Attorney stated that there were easements for that purpose. In response to Councilmember Hlava, Community Services Director explained that toll-free numbers for service calls were already available. Council- member Clevenger wished to strengthen the provisions for returning streets to their original condition after cables were installed. Since the hour of 8:00 p.m. had arrived, Mayor Fanelli proceeded to public hearings on the agenda. V. PUBLIC RF~INGS A, Amendment to Land Use Element of General Plan regarding Expansion of Non- Residential Uses in Village Area (continued from 6/19) Community Development Director explained proposed amendment. Councilmember Hlava expressed concern about making isolated changes before the Village Plan had been completed. The public hearing was opened at 8:30 p.m. Peggy Corr, 19224 DeHavilland Dr.~ spoke against the amendment, saying that those supporting multi-family zoning in the Village were generally opposed to it. Stan Bogosian requested that the Council table the matter until the Village Task Force defined the Village. No one further appearing to speak, the public hearing was closed at 8:33 p.m. 3-7/3/85 Councilmember Hlava stated that the intent of the Task Force was to have commercial uses on Big Basin Way; she did not wish to change the General Plan yet. Councilmember Clevenger felt the proposed change was not a good one for the site, and she did not wish to change the Land Use Element. CLEVENGER/HLAVA MOVED TO TABLE THE MATTER FOR RECONSIDERATION WHEN THE VILLAGE PLAN IS CONSIDERED. Passed 5-0. B. Amendment of General Plan Designati~ of property at 20661 Fifth St. and portion of Property at 14644 Oak St. from Residential-Multi-Family to Retail Commercial (Applicant, D. Morrison) (CPA-85-1) (continued from 6/19) City Attorney noted that the amendment depended upon the change in the Land Use Element of the General Plan; the Council could deny the application, he said, or, with the consent of the applicant, continue it for consideration with the Land Use Element. CouncilmemberHlava noted that if the application were denied the applicant would have to pay fees again if it were considered at a later time; she wished to continue it. Mr. Morrison rose to say that he would agree to continuance. CONSENSUS TO CONTINUE THE GENERAL PLAN AMENDMENT TO A CITY COUNCIL MEETING IN APPROXIMATELY 90 DAYS. (Clerk's note: The meeting nearest to 90 days away would be the first meeting in October, October 2.) Mayor Fanelli then called a recess from 8:42 to 8:58 p.m. C. Design Review Approval to Construct a Two-Story Residence on a Substandard Lot at 14466 Oak Place (A-1069) (continued from 6/5) 1. Appeal of Above Approval (Appellant, W. and A. Coughlan) 2o Appeal of Condition of Above Approval-~o Limit Size of Residence to 2,380 sqo ft. (Applicant/appellant, L. and E. Protiva) Senior Planner Kerdus explained the appeals, and the public hearing was opened at 9:00 p.m. Althea Coughlan, 14474 Oak, spoke as an appellant opposing the approval. She felt that although concessions had been made, the problems with the setbacks remained. She also felt that the house would have great bulk and a massive appearance in a restricted space, and she raised questions about inconsistencies in the maps. Norm Matteoni then spoke on behalf of the Protivas, pointing out that Lot 10 had building site approval. Although the house was still larger than the Planning Commission recommended, he said, there were aesthetic reasons for that. In response to Mayor Fanelli, he stated that the square footage included the garage area. Linda Protiva spoke as the applicant. She said that they had addressed all the points brought up by the Council, including reducing the height, turning the house on the lot, and reducing the square footage. She compared the proposed house to the Coughlans' house, saying that the Coughla~ house was larger in proportion to the size of the. lot than the proposed house. She then stated that the entrance had been improved in appearance and attractive architectural features added. Greg Grodhaus expressed concern about the inconsistency of the maps but stated that the main point should be development of a total plan for all the lots in the area. John Saunders, 14570 Aloha, stated that he was in the sphere of influence of the project. He warned the Council that there was a danger for all property owners if some property owners were not allowed to exercise their rights. He believed the project would enhance the neighborhood. Suzanne Moreno Lorshbough, 14475 Oak Place, felt that the project would destroy the historical ambience of the area. She reviewed the historical significance of various houses in the area and expressed the belief that the density, composition flavor and conformity to historical standards were most important, and a long-range plan should be developed to protect the neighborhood. Holly Davies, 14478 Oak Place, expressed objections to the particular plan and to the general effect. She requested that the Council draft a memo stating that the existing Protiva residence on Lot 12 is too large for the lot and was not designed for it. She feared that whatever was approved for Lot 10 would also be built on Lot 4-7/3/85 ll, resulting in four contiguous two-story structures. Although concessions had been made, she said that the requests to place the garage to the rear, place a driveway or wider setback between the houses, and make the house one-story had been ignored. Bill Sanguinetti, 18700 Parley Dr., expressed concern that the rights of the Protivas were being denied them. Mrs. William Craft, 22000 Dorsey Way, spoke representing Mrs. B~ron Singletary, saying that Mrs. Singletary was a neighbor who approved of the prloject. She felt the other neighbors were depriving the Protivas of their rights. No one further appearing to speak, the public hearing was closed at 9:39 p.m. City Attorney stated that the lots had become lots of record before incorporation of the City. He noted that Saratoga as yet has no merger ordinance which could be applied. Councilmembers then discussed various aspects of the situation, including whether a specific plan for the area should be required; the fact that future buildings would have to go through design review in any case; the possibility of of the applicant's moving the lot lines to combine Lots 10 and 11, building a bigger house on the combined lot; the fact that the City cannot force a merger of lots. Most Councilmembers felt that the Protivas had met the major concerns of the neighbors in minimizing the impact of the project and should not be further held up in their project. Councilmember Clevenger felt that the house was inappropriate for the neighborhood. If they were held up, she said, it was because of their e~forts to capitalize on theneighborhood. She believed the proposal to be incompatible with the area because of its size, bulk, and design. HLAVA/MOYLES MOVED TO DENY THE COUGHLAN APPEAL OF THE PROTIVA APPROVAL. Passed 4-1 (Clevenger opposed). HLAVA/MOYLES MOVED TO GRANT THE PROTIVA APPEAL PER EXhiBITS B-2 AND C-2, MAKING THE REQUIRED FINDINGS, PER THE STAFF REPORT. Passed 4-1 (Clovenget opposed). Councilmember Moyles. asked that the record show that the Council's decision made Lot 11 virtually useless. D. Ordinance Raising Speed Limit on Portion of McCoy Avenue to 30 mph (first reading) Community Development Director explained ordinance. The public hearing was opened at 10:07 p.m. No one appearing to speak, it was closed at 10:08 p.m. CLEVENGER/HLAVA MOVED TO INTRODUCE ORDINANCE BY TITLE ONLY, WAIVING FURTHER READING. Passed 5-0. Mayor Fanelli requested that in the future the Deputy City Clerk read the titles of the ordinances and insert the ordinance number where appropriate. B. REPORTS FROM COMMISSIONS/LND COMMIT~IIES 1. Attendance Reports Councilmember Callon noted that two Heritage Preservation Commissioners had been absent from half the meetings; Mayor Fanelli stated that, according to policy, she would communicate with those commissioners to determine their intentions. 2. Oral Reports from Commissioners - None. Councilmember Hlava then brought up the Public Safety Commission's memo on a possible ordinance to charge homeowners for Sheriff's services for uncontrolled parties. Councilmembers brought up various objections to such an ordinance, including the fact that the homeowners may not have the situation under control to start with; the City already accepts some costs attributable to individuals such as Sheriff's costs and ought not to charge for services which people are entitled to; the fact that some houses may have the same problem week after week; the l~ck of a comprehensive philosophy to cover this general type of situation. The~e was consensus to reques:t the Public Safety Commission to be more specific about how these and other questions would be handled. City Attorney expressed reservations about legal ramifications of such an ordinance. C. ORDINANCES;/LND RESOLUTIONS - None. ~-7/3/85 D. BIDS AND CONTRACTS - None. VI. NE~ BUSINESS A. Discussion of Oral Communications, if aay. B. Written Con=aunications from the Public #1 from L. Thomas thanking Council for Library funds - noted and filed. Councilmember Hlava then reported on .the continuing dialogue of the Library Commission with the County concerning the Library deficit. C. New Business from Staff, Administrative Reports not Scheduled Acting City Manager distributed a memo from the Administrative Assistant on County Communications costs. Among other things, he pointed out that the increase in Sheriff~s activity coincided with the location of the substation in Saratoga. There was consensus for the City Attorney and Acting City Manager to gather further information for the Council so that the Council could then meet with the Sheriff and Lt. Wilson. Acting City Manager then submitted two resolutions which would allow the City to obtain funds from its accounts at Pacific Valley Bank and Wells Fargo Bank on the basis of facsimile signatures of Clement O. Ford and Robert S. Shook. Councilmember Clevenger pointed out that the resolution should state that both signatures are required rather than either. . MOYLES/CALLON MOVED TO ADOPT RESOLUTIONS 2254 AND 2255 ONFACSIMILE SIGNATURES, AS AMENDED. Passed 5-0. Councilmembers then discussed Planning Commission interviews. It was decided to cancel the July 9 study session, since the interviews would be the only item on the agenda, and to conduct the interviews before the July 17 Council meeting. D. New Business from Councilmembers Callon - brought up untidy painted lettering on streets and asked staff to investigate. - asked that the incoming and outgoing Mayors be given an opportunity to speak at the beginning of the next meeting. Rob Stankus, editor for the City Newsletter~ then discussed topics for the next newsletter. There was consensus to have another newsletter about August 1. Hlava - reported that the vote to disband the Paratransit Coordinating Council had resulted in a tie. Moyles - brought up the recognition dinner. There was consensus to schedule it for a study session night such as September 24. Clevenger - reported that the Saratoga Area Senior Coordinating Council were discussing a proposed survey with the Council on Aging. The SASCC were also interested in making various improvements to the Senior Cen~er wi~h Senior Center Bond Act funds, she said. Fanelli - reported on the Counoil's lunch with Norman Mineta. She also brought up the question of appointments of Councilmembers to various agencies, and Deputy City Clerk distributed the most recent resolution making such appointments. VII. ADJO~NT The meeting was adjourned at i1:I0 p.m. Respectfully submitted, Grace E. Cory Deputy City Clerk