HomeMy WebLinkAbout07-17-1985 City Council Minutes MINUTES
SARATOGA CITY
TIME: Wednesday, July 17, 1985
PLACE: Civic Theater, 13777 Fruitvale Avenue
TYPE: Committee of the Whole, Regular Meeting
CIIISED SESSION - 5:30 P.M. - Meet and Confer, Personnel
S~ior Lounge
~'l-r~z OF THE WHOLE - 6:00 p.m.
Community Center Senior Lounge, 19655 Allendale Avenue
Interviews with Platruing C~-,...ission Applicants
REGULAR l~-rlNG - 7:00 p.m.
Civic Theater
A. ROLL CALl. - Councilmembers Callon, Fanelli, Hlava, Moyles and Mayor
Clevenger were present at 7:08 p.m.
B. MINI/II~S- 7/3
MOYLES/HLAVA MOVED TO APPROVE THE MINUTES AS SUBM1TI'~jD. Passed 5-0.
C. ~ BY Ob~ING MAYON FAI~a.I.I ~ INCC~ MAYOR CLEV~
Councilmember Fanelli expressed thanks for the help of others in making her term one
of happy memories and significant accomplishments. An open government deals impar-
ticily with each question before it, she said. She felt that meetings had been
concise and decisions timely, and she looked forward to the Councilmembers' working
together in the future to continue to do so.
Flayor Clevenger thanked Councilmember Fanelli for her work as Mayor and presented
her with an engraved silver pendant from the rest of the Council. She then
reviewed Councilmember Fanelli's contributions as Mayor and expressed enthusiasm in
dealing with the challenges of the coming year.
II. ORAL C0~CATIC~
Cheriel Jensen, Quito Road, asserted that Councilmember Callon was no longer a
resident of Saratoga, which she had inferred because Councilmember Callon's Saratoga
telephone lines had apparently been disconnected, while there was a phone line in
another city which a recording of her voice answered. Mayor Clevenger stated that
the Council would look into the matter. (Clerk's note: Councilmember Callon
responded under Discussion of Oral Communications.)
Betty Rowe Mass, 20360 Saratoga-Los Gatos Rd., urged the Council to visit the
residence proposed for an art gallery, which she opposed. Mayor Clevenger assured
her that the Council would visit the site.
III. CC~ CAII~AR
A. Resolution Denying Coughlan Appeal of Protiva Application (heard 7/3)
RESOLUTION 2256
B. Resolution Granting Prorive Appeal of Condition of Approval (heard 7/3)
RESOLUTION 2257
C. Resolution Com~nding Former Planning Conmissioner McColdrick
RESOLUTION 2258
D.Final Approval, Glasgow Dr., 2 lots (Richard Ward) (SDR 1572)
RI~4OVED FROM CONSENT CAI,FNDAR.
E. Approval of Warrant List
2-7/17/85
HLAVA/MOYI.F.~ MOVED APPROVAL OF THE CONSENT CAt,ENDAR. Passed~ 5'-0~ '(See below.)
Community Development DirectOr requested that Item D. be removed from ~h~ Consent
Calendar.
CALLON/FANRr.I.I MOVED TO RECONSIDER THE PREVIOUS MOTION. Passed 5-0.
MOYLES/HLAVA MOVED TO APPROVE THE CONSENT CALENDAR EXCEPT ITEM D. Passed 5-0.
IV. SCHEDULFn MATI:~S
1. Report on Schadegg Request
Community Developmerit Director explained report on Mr. Schadegg's request for relief
from a condition to improve road. Mayor Clevenger stated that it appeared that the
work was being done. Community Development Director concurred. There was consensus
to take no action, which would leave the condition for road improvement in effect.
B. R~TS Flill~l CCI~SSIC~ AND
1. Furthe. r Consideration of Fire Services Task Force Report on Early
Warning System
Councilmembers discussed report. City Attorney explained that if the Council took
no action against it, he would proceed with the processes to initiate an am~mdment
to the Safety Element of the General Plan, changes to the Zoning Ordinance, and
changes to the Subdivision Ordinance.
HLAVA/MOYLES MOVED TO ACCEPT REPORT AND DIRECT THE CITY ATTOlhNEY TO DRAFT THE
NECESSARY AMENDMENTS, Passed 5-0.
2. Oral P~;ports fran Commissioners - None.
1. Ordinance Raising Speed Limit on Portion of MeCoy Avenue to 30 mph
(second reading)
F/LAVA/MOYLES MOVED IX) READ ORDINANCE BY TITLE ONLY, WAIVING FUR~ltER READING. Passed
5-0.
HDYI.F-q/HLAVA MOVED TC, ADOPT ORDINANCE 38.135. Passed 5-0.
2. Resolution Conditionally Approving Assi~nme~t of Franchise for Cable
Television Service
Community Services ]Director explained report, and Councilmembers discussed the
issues. There was consensus to amend the resolution to include the type of
equitxnent described in the staff report.
MOYLES/HLAVA MOVED TO ADOPT RESOLUTION 2259 AS AMENDED. Passed 5-0.
3. Resolution Appointing Council Representatives to Agencies
There was consensus to take up the resolution at the next meeting.
4. Resolution of Intention to Adopt Merger Ordinance and F~xdng Time and
Place for Public Hearing
Councilmember Hlava asked whether the proposed ordinance would deal with the Protiva
question which had been handled at a previous meeting. City Attorney replied that
it would apply only to the small triangular lot involved. Councilmember Callon
requested that the Council be provided with a copy of the State code section
regulating what could be merged.
CALLON/HLAVA MOVED TO ADOPT RESOLUTION 2260. Passed 5-0.
3-7/17/85
D. BIDS AND CC~q~ACI~
1. Award of Contract - Library Parking Lot E~pansion
In answer to Councilmembers, Community Development Director explained that the
Housing and Community Development Coordinator believed the luminaires would meet the
requirements for HCD funds; that after the work is done the project would be
audited for compliance with federal regulations; that the timing would be arranged
so that the lot would not be in use without lights. Councilmembers expressed
particular concern over the last point.
FANEI.LI/HLAVA MOVED TO AWARD THE CONTRACT TO CUSHMAN CONSTRUCTION IN THE AMOUNT OF
$28,339.00. Passed 5-0,
There was consensus to re-bid the luminaires later under the "Accessibility to
Goverrment Buildings Project."
2. Signal Maintenance Contract Adjus~n~nt
In answer to Councilmember Hlava, Maintenance Director stated that the staff was
satisfied with previous work by the company.
HLAVA/FANEI.I.I MOVED TO APPROVE 57° RATE ADJUSTMENT, ~'~'ECrlVE AUGUST 1, 1985. Passed
5-0.
V. · PUBLIC HEARINGS
Appeal of Approval of 9-Lot Subdivision, 13744 Q~ito Rd., (Applicant,
J. Chu; appellants, D. and M. Dr~r.m) (STIR 1596) (continued from 6/19)
Community Development Director explained appeal and answered questions. The public
hearing was opened at 8:13 p.m.
Mr. Drumm spoke as the appellant, noting that the residents had voted for Plan C,
which had a cul-de-sac connecting the lots with Quito Rd. rather than providing
access via Montpere Way. He believed the residents needed access and feared that
with Highway 85 some property might become landlocked. Community Development
Director pointed out that freeway access had not been decided. He also stated that
the staff favored Plan A, with one-story houses being required adjacent to existing
one-story houses; 18-foot maximum height; adequate landscaping; and restriction on
size of homes.
Mr. Chu then spoke as the applicant, stating that he had met with the neighbors to
address their concerns. He felt Plan A (the extension of Montpere as a cul-de-sac)
to be the best plan from all points of view, and he submitted a traffic survey he
had performed showing little traffic on Montpere Way and Ravenwood.
Don Ansok, 18383 Montpere, stated the traffic was more than the survey indicated.
He also felt that a stop sign to which a woman at the previous hearing had objected
should be moved to another location. Councilmember Callon requested that staff
check up on the stop sign.
Cheriel Jensen, Quito Rd., then referred to documents distributed to the Council
concerning the carcinogenic effect of electromagnetic waves. She felt the proximity
of the power lines required a focused Environmental Impact Report because of the
possible health effects.
Mr. Schriber, 18322 Montpere, inquired as to costs associated with the moving of
water mains, trees, etc. if that were required by changes in the streets. Council-
member Fanelli stated that moving such items may not be required by Plan A, and
Community Development Director concurred.
Mr. Drumm then stated that Mr. Chu had agreed to build eight homes rather than nine
and to provide setbacks greater than 25 feet. City Attorney then pointed out that
the homes would go through design review at a public hearing, in any case. In
answer to Mayor Clevenger, he replied that smaller size houses could be required if
the Council wished.
4-~17/85
No one further appearing to speak, the public hearing was closed at 8:40 p.m.
Councilmember Callon opposed additional access on Quito and favored the original
Plan A. Other Councilmembers agreed, stating that an important factor was the
safety of the neighl~rs. Councilmember Callon supperted all items in the agreement
reached by Mr. Chu and the neighbors with the exception of the size restriction and
increased setbacks, feeling that those items should be left to the design ~.-eview
process. There was consensus with this statement.
CALLON/FANELI,I MOVED TO DENY THE APPEAL AND ACCEFT PLAN A P~ THE STAFF REPC~RT AND
THE FOLLOWING CONDITIONS AGRE~n TO BY THE APPLICANT AND APpk~,YANTSi HOUSES AIOACENT
TO EXISTING ONE-STORY HOUSES SHALL BE ONE-STORY;' MAXIMUM HEIGHT SHALL BE
ADEQUATE LANDSCAPING SHALL BE PROVIDED; LOTS 5 , 6, 7, 8 AND 9 SHALL BECOME FOUR
LOTS. Passed 5-0.
Mayor Clevenger then recessed the meeting from 8:46 to 8:59 p.m.
B. Appeal of E~nial of Use Permit for Accessory Structure at 20433 Mc~talvo
Rd. (Appellm~t/applicants, Mr. and Mrs. W. Benson) (tIP 581)
The public hearing was opened at 9:00 p.m. Mr. Benson explained his appeal, and
C~rmunity Development Director answered questions of Councilmembers.
Councilmember Fanelli stated her belief that moving the pool equipment out of the
enclosed area, as proposed, was simply a means of circumventing the ordinance
requirements and did not lessen the impact of the equipment. She preferred to have
the equipment enclosed so that it would be quiet and out of sight. Councihnember
Callon felt that an enclosed structure might have more ~ndesirable impact.
Mayor Clevenger noted that the matter had been before the Planning Commission twice
and asked if the proI~Dsal was the same as the first one. Mr. Banson replied that it
was not; it had previously been enclosed on four sides. He said he had removed the
walls and cut the height by 2 feet, which the neighbors favored. Councilmember
Moyles referred to a letter from Jack Christian, President of Montalvo-Mendelson
Homeowners, opposing the appeal. Mr. Benson said that if he had been able to talk
to Mr. Christian he would have favored the appeal. He added that if he placed the
structure outside the setback, it would not be in as desirable a location. No one
further appearing to ;speak, the public hearing was closed at 9:13 p.m.
Mayor Clevenger agreed with Commissioner Siegfried that the structure will still be
excessively bulky, and the viewer's perception will be that the floor coverage
exceeds 6200 square feet. Councilmember Callon felt the proposal did not create
bulk according to her viewing of the site. Councilmember Hlava felt the process was
convoluted; she fawnred the 6200 square foot proposal. Otherwise, she felt, the
Council would be, in effect, granting a variance without making findings. She was
willing, however, to grant the appeal. City Attorney commented that a new accessory
structure ordinance was in preparation, but it would not have had much impact on the
proposed structure.
In answer to Councilmember Fanelli, Gerry Butler stated that he and Mr. Scott owned
the vineyard and did not object to the project.
CAr.~ ON/HLAVA MOVED TO GRANT THE APPEAL SUBJECT TO THE CONDITIONS IN THE STAFF REPORT
AND EXHIBIT A. Passed 4-1 (Cleven. ger opposed).
C. Amendment to text of Sign Ordinance regarding: 1) types and sizes of
signs needling sign permits; 2) increasing the aggregate sign area
permitted in commercial districts; 3) adding definitions; 4) adding
criteria for sign review; 5) new regulations for freestanding signs; and
6) other amendments clarifying or creating more flexibility in the
ordinance (first reading)
The public hearing was opened at 9:20 p.m. Steve Douglas, Saratoga Office Center
Limited, requested that "number of signs" be added on p. 10 to give the Planning
Commission authority 1~o modify that aspect of the .regulations. .There was consensus
to do so. No one further appearing tO speak, the public hearing was c~oSed 'at 9:30
p.m.
5-7/17/85
CALLON/HLAVA MOVED TO APPROVE THE NEGATIVE DECLARATION. Passed 5-0.
FANEI.I.I/HLAVA MOVED TO INTRODUCE THE ORDINANCE AS AMENDED BY TITLE ONLY. Passed 5-
0.
D. Amendment to text of Non-conforming Uses and Structures Ordinance
regarding: 1) continuation, maintenance, expansion and replacement of
existing non-conforming uses and structures; 2) elimination of non-
conforming uses and structures after lapse of time; 3) non-conforming
sites; and 4) other amendments to clarify the ordinance (first reading)
City Attorney explained ordinance and answered questions. Councilmember Callon
suggested "grandfathering" residential uses. Councilmember Fanelli expressed
concern that the ordinance would make it difficult to replace non-conforming
residential stock in case of destruction.
The public hearing was opened at 9:40 p.m. No one appearing to speak, it was closed
at 9:41 p.m.
Councilmember Fanelli suggested adding multi-family residential to p. 3 to exempt
that category of non-conforming dwellings. There was consensus to do so.
CALLON/HLAVA MOVED TO APPROVE THE NEGATIVE DECLARATION. Passed 5-0.
CALLON/HLAVA MOVED TO INTRODUCE THE ORDINANCE AS AMENDED BY TITLE ONLY. Passed 5-0.
VI. ~ BUSINESS
A. Discussion of Oral Ct~.~,,~ications, if any.
Councilmember Callon responded to Mrs. Jensen's comments by noting that her legal
residence is Saratoga, although she has several additional telephone numbers for
business and other purposes.
B. Writte~ O-,.,~icetions frcm the Public
#1 from J. Shamen inquiring as to restrictions on commercial pesticide sprayers -
referred to Health Department.
#2 from F. Steinberg concerning tree removal permit - noted that City Attorney's
Office has replied.
#3 from Dr. and Mrs. J. Cox concerning fire danger on Dyer Estate - referred to
staff; Mayor Clevenger noted that the fire danger had been said to threaten Hakone
Gardens.
#4 from G. Dwyer concerning use of foreign automobile as City staff car - referred
to staff; Councilmember Callon noted that the maintenance is performed in this
country, and some foreign cars are manufactured here; Community Development Director
stated that the car had been bought used.
C. New Business from Staff, Administrative Reports not Scheduled
Community Development Director reported that the contractor was to begin work on
Chester and Ten Acres.
He then distributed copies of the appraisal for the property at Cox and Saratoga-
Sunnyvale Rd.
Community Development Director then reported on his findings concerning street
markings applied in an unworkmanlike manner to indicate utilities. Councilmembers
felt the work was not being properly performed and requested that the company doing
the work be sent a letter objecting to this fact and noting the Council's legal
alternatives.
Community Development Director next reported that the County employees were
considering a strike in the near future. Councilmembers suggested that this might
be an opportunity to determine whether the Community Library could be managed by
Saratoga volunteers rather than County personnel.
Community Services Director requested that funding be provided for a Neighborhoed
· 6-7/17/85
Watch Conference. He answered Councilmembers' questions about the content and
proposed attendance of the conference. ..
HLAVA/FANEt.I.I MOVED TO AUTHORIZE FIVE PERSONS (A COMMUNITY SERVICES O~bFICER, THREE
CITIZENS FROM THE NEIGHBORHOOD WATCH PROGRAM, AND A PUBLIC SAFELY OOMMISSIONER) TO
A'ff~ND THE CONFb~Fd~NCE AT $175 PER PMRSON. Passed 5-0.
D. Ne~ Busim,~s fran Councilmembers
Mayor Clevenger announced that the Council was ready to appv]nt a Planning
CceEissioner to the vacancy created by Kathy McGoldrick's resignation.
FDYLES/HLAVA MOVED ~O APPOINT DAVID PINES TO THE PLANNING C(I~MISSION. Passed 5-0.
Fanelli - reported on request for consideration of covernor's Reorganizaton Plan for
Solid Waste and its effects on Sanitation District #4. There was consensus to
abstain from voting at the Sanitation District #4 meeting.
Fanelli - reported on upcoming trip to Hiroshima and Muko-Shi, Saratoga's Sister
City.
Clevenger - reported that plans had been drawn for the Senior Center improvements;
it was believed that Housing and Community Development funds could be used for the
project.
Clevenger - reported that she had contacted the two Heritage Preservation
Commissioners who seemed to have excessive absences from the Cc~miSsion meetings and
bad found that their reasons for doing so were valid.
E. Action Ref~;rral Log - No carment.
R~)~ert McBain, who had missed the Oral Comm~mications section of the meeting~ was
permitted to speak. He requested that the Cduncil adopt a resolution approving an
amendment to the CC&R's for his subdivision. The City Attorney stated that the
changes had been approved by the Planning Cannission.
CALLON/HIAVA MOVED TO ADOPT RESOLUTION 2261 AIDPROVING AN AMENDMENT TO THE CCAR'S FOR
THE MCBAIN AND GIBBS SUBDIVISION. Passed 5-0.
Councilmember Fanelli expressed thanks for the Council's gift commemorating her term
as Mayor.
VII. ADJ~
The meeting was adjourned st 10:23 p.m. to a closed session on litigation
(Cocciardi, Chadwick, and Irany) and potential litigation; and an adjourned regular
meeting at 7:30 on 3uly 23.
Respectfully suhnitted,
Grace E. tory
Deputy City Clerk