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HomeMy WebLinkAbout09-04-1985 City Council Minutes MINIFIES SARATOGA CITY ~IL TIME: Wednesday, September 4, 1985 - 7:00 p.m.. I._ PLACE: Civic Theater, 13777 Fruitvale Avenue TYPE: Regular Meeting A. ROLL CA~J, - Councilmembers Fanelli, Hlava, Moyles and Mayor Clevenger present at 7:06 p.m. Councilmember Callon absent. B. ~ - 8/21 ~DYLES/HLAVA ~VED TO APPROVEAS SUB~I'IT~. Passed Jeff Schwartz rose to speak as President of the governing board of West Valley Joint Community College District. He reported that the board had discussed the City's request for partial funding of street maintenance by West Valley College for areas impacted by traffic from the College and had decided not to do so. They did, however, wish to continue dialogue on other avenues of cooperation, he said, and they had asked Mr. Scbwartz and Vic Monia, also a board member, to speak to the Council on the subject. County Counsel had recommended against the request, he said, because there was no legal mechanism to do it, and it might be illegal in any case. He also stated that road costs were high partly because the City was continuing to allow development in the billside areas, where roads were more expensive to maintain than in flatland areas. He stated that it was inappropriate for the City to look for '~ail-ou~' money from other entities. Vic Monia then rose to. speak, saying that an area in front of his house needed repair from cable television work. He also said that the College's givin~ money to Saratoga would not be fair to other cities and might set an undesirable precedent. Councilmember Fanelli thanked the Board for deliberating the suggestion. She pointed out that this issue was unrelated to hillside development because the City was requesting money for streets whicb were traversed by students from West Valley College. Mr. Monia stated that hillside development did affect flatland street costs, at least indirectly. Mayor Clevenger then noted that since West Valley College is located in Saratoga the City bears the burden of that traffic. She expressed appreciation for the beard's consideration of the issue. Mayor Clevenger then introduced the new City Manager, Harry Peacock, who obtained M3r. Monia's address so that the need for repair of the street could be investigated. Phil Stokes, also a board member, then expressed regret that the City and the College had not~.been able to work together on the street program but hoped that they could work together on other issues. Councilmember ~byles commented that the characterization of the funding request as a '~ail-ou~' was inappropriate, since the City was not asking to be '~ailed our' and was not running deficits. Rather, he said, the City was responding to an offer from a member of the Board on maintaining a "good neighbor" relationship with the Board with respect to street maintenance. The City asked for no more than what a good neighbor might properly offer, he said. The pavement management program is on a sound financial basis with no assistance from West Valley College, he said. With respect to greater road maintenance costs in the hillsides, Mr. Moyles stated that for-the next five years the City would be spending virtually no money on the hillside streets, barring unexpected hazards in off seasons. He considered sharing maintenance costs for roads affected by West Valley College a matter of equity,since Saratoga bears an inequitable portion of the burden of providing education to the entire District, and since the influx of students into Saratoga is the single most intrusive element to the rural character of the City. Mayor Clevenger stated that the Council looked forward to working with the College. Steve Goodman, of Sanitation District #4, presented Councilmember Fanelli with a resolution of appreciation for her service on the District Board, together with a · 2-9/4/84 gift. Mayor Clevengel: commented on the fine job done by Mr. Goodman and noted that he would be retiring soon. III. ~ C~T.F~DAR ~: A. CONSENT C. ALI,I~AR - CLAIMS ~ l. Consideratice of Claim - Andrakin ~ FA~.IJ.I/HLAVA MOVED ~D DENY THE CLAI14. l~assed 4-0. ~ 1.Final Acceptance for SDR 1371, Sobey Rd. (Vaccaro) KESOLUTION 36-B-215 2. A~:ceptance m~l A~kno~ledg~ent of Donation to Makone - Allan 3. Acceptance 8nd A~!mo~led~t of Donation to Hakone - F~mw_hi 4. Final Map Approval, KE-2, K, l~eller - Montal~ Dr. ~.Resolution Appropriating F~nds for Purchase of Staff Vehicle KESOLIrI~C~ 224~.5 6. Approval of Warrant List MDYLES/HLAVA MOVED TO APPROVE CONSENT C~I.~DAR B. Passed 4-0 . Community Services Director introduced Dave Musselman of Hearst Cable Televisiou. Mr. Musselman explained that they had recently changed billing contractors and that there might be problems with billing, but they should be solved by September 9. Councilmember Fanelli explained a problem with the Gatehouse Gondomiuium Association bill. Mr. Musselman said that such problems would be straightened out. 1. Oral P~_~ports from C-*,,-~ssioners Marilyn Kanemura rose as Chairman of the Library Commission and reported favorably on the newly-completed parking lot project at the library. She also noted that the County was fomning a task force on library funding and felt Saratoga should request representation on the task force. There was consensus to direct staff to ~ite to the ~oard of Supel~-isors to that effect. 1. Consideration of Text Amendments to the Secoud Unit Ordinance ~hich would generally relax the development regulations of this ordinance for ue~ and existin~ second ~its, incl~din~ 1) allo~ some variation, in certain bardship c~es, from the requirement for o~mer occupancy; 2) all.o~ second ~ita to be occupied by the physicall~ b~r~_ic~ped as well as people over 60 ~ears of age; 3) allo~ exisl;ir~ second ~nits greater latitude to vary from the restrictions and standards ~nder Section 16~,4 of the ordinance (first reading) (GF 3/~~1) Mayor Clevenger noted that a newspaper had mentioned this item would appear as a public hearing, although another public hearing was not required, and the previous public hearing had 'been closed. She explained that several members of the Council had been absent from various meetings, so the Council had reached an agreement based on their knowledge of the individual Councilmembers' stands. The City Attom~ey then explained the proposed amendments. Councilmember Fanelli asked if the wording concerning waiver of certain restrictions because of ~ardship should be included in the section on legalization of existing second units;~ City Attorney said he would add the words if necessary. Mayor Clevenger said anyone interested would be 3-9/4/85 permitted to speak, although the ordinance was now in the form in which the Council intended to pass it. ~arriet Handler, 13385 Ronnie Way, asked whether new units in the R-l-10,000 zoning district were allowed. Mayor Clevenger explained that they were not and added that the Council had discussed this point extensively. Richard Drake, President of the Saratoga Area Senior Coordinating Council, stated that the growing ageing population of Saratoga needs relief from unreasonable prohibitions against second units. The details were academic, however, and the real question, he said, was whether seniors would continue to be able to live in Saratoga. Councilmember Fanelli remarked that the Council could not continue to rework the ordinance piece by piece , but at some time in the future she hoped the Council might review the prohibitions in the R-l-10,000 district. Councilmember Moyles stated that he could not have voted for the ordinance without the hardship exemption, and Councilmember Hlava hoped the ordinance would work satisfactorily so that the Council could move on. Mayor Clevenger, noting that she had voted against the second unit in its original form, felt that it was a workable ordinance now. FANEI.I.I/MOYLES MOVED TO APPROVE THE ~TIVE DECLARATION. Passed 4-0. FANEI.I.I/HLAVA MOVED TO INTRODUCE THE ORDINANCE BY TITLE ONLY. Passed 4-0. 2. Consideration of Rezoning of 1.16 acre parcel located at 14230-C Saratoga-Surmyvale Rd. from R-M-4000 to R-M-3000 (Applicant, C~ Neale) (C-224) (second reading) FANELLI/HLAVA MOVED TO READ ORDINANCE NS 3-ZC-92 BY TITLE ONLY, WAIVING FURTHER READING. Passed 4-0. FANF. I.I.I/HLAVA MOVED TO ADOPT THE ORDINANCE AS READ BY TITLE. Passed 4-0. 3. Consideration of Amending the General Plan and zoning designations of the northernmost 1.525 acres of a 5.485 acre site from Residential- Hillside Conservation Single Family/HCRD to Residential-Very Low Density Single Family/R-1-40,O00 at 15480 Peach Hill Rd. (Applicants, J. Keraaedy and K. Players) (CPA 85-2, C-219) (second reading) FANEI,I.I/MOYLES MOVED TO ADOPT RESOLUTION 2270 AMENDING THE GENERAL PLAN. Passed 4-0. MOYLES/HLAVA MOVED TO READ ORDINANCE NS 3-ZC-93 BY TITLE ONLY, WAIVING FURTHER READING. Passed 4-0. FANEI.I.I/HLAVA MOVED TO ADOPT THE ORDINANCE AS READ BY TITLE. Passed 4-0. 4. Consideration of Text Amendments to the Zoning Ordinance amending certain Zoning Regulations pertaining to uses, site coverage, accessory structures, distance between structures and setbacks in the R-1, ~ and R Zoning .Districts (C-222) (second r~ding) MOYLES/HLAVA MOVED TO READ ORDINANCE NS 3.71 BY TITLE ONLY, WAIVING FORM READING. Passed 4-0. MOYLES/FANF. I.I.I MOVED TO ADOPT THE ORDINANCE AS READ BY TITLE. Passed 4-0. 5. Consideration of Amendments to the Subdivision Ordinance adding Article 5 Relating to Merger of Parcels, Article 6 Relating to Lot Line Adjustments, Article 7 Relating to Vesting Tentative Maps,and amending Section 21 conearning Exemptions from Building Site Approval (second reading) City Attorney reported that the section on vesting tentative maps should be amended to show the effective date as January 1, 1986. He believed the change not to be substantial enough to require a second introduction of the ordinance. 4-9/4/85 MOYLES/HLAVA MOVED TO READ ORDINANCE NS 60.17 AS AMENDED BY TITLE' ONLy, ~AIVING FURTHER READING. Passed 4-0. HLAVA/MOYLES MOVED ~1} ADOPT THE ORDINANCE AS READ BY TITLE. passed 4-0. 6. Consi&_~ration of I~ Annexation (Bainter 1985-1) City Attorney noted that the annexation was being conducted under a speciai procedure not requiring a public hearing. Mayor Clevenger stated that people were present to speak on the matter, and there was consensus to allow them to speak oH the annexation with the understanding that the related appeal on the subdivision and design review was to be heard at the next meeting. William Young, 21400 South Hills Rd., stated that he had been working with Mr. Hwang on the project. He said that there was no linkage between the issues of annexation and appeal, and that the County had said the annexation must take place in order for it to be processed by the City. If the lot were not annexed, he said, it would be processed under Country procedures. In answer to Mayor Clevenger, he said that the lot was a legal lot of record. Fran Lordson, 19450 Woodview, stated that she represented the adjacent neighbors. They had concerns, she said, about the legality and appropriateness of annexation. She requested a one-nDnth delay to give them time to investigate the law. There was consensus; to place the item on the next agenda so that it could be considered at the same time the appeal was considered. Councilmembers also peinted out that if the property were developed under County regulations no public hearing would be held, and the matter would be handled by County staff. Ms. Lordson stated that the area did not have hillside zoning, and if it were in the County it could not be built upon. City Attorney replied that it was in the urban service area and has been prezoned. Councilmember Fanelli stated that if it were in the County, as a legal lot of record the County would not prohibit building there. ~ Dr. Richard Sagg, 19262 Hidden Hill, stated that he lived on the hill that would be affected, and he wished the matter to be put off for one month. There was consensus to agendize the matter for September 18, when the appeal on the project would be heard. Community DevelOpment Director then brought up the fact that a resolution needed to be adopted authorizing the City Manager to make an application for claim under the Federal Emergency Ma~egement Act. FANELLI/HLAVA MOVED TO ADOPT RESOLUTION 2271 DESIGNATING THE CITY MANAGER AS ~ CITY'S AGENT TO MAKE FI~4A CLAIMS. Passed 4-0. D. BII~ AI~ CC~11A.~IS 1. Award of Contract - Cormult~nt for City Telecf-,,,~ications System Housing and Community Development Coordinator explained proposal which had been submitted and noted that Louise Schaefer had also presented a late proposal. He did not intend to alter his recommendation to approve the original proposal, however. Community Services Director noted that one reason for recommending the original proposal was that staff was eager to begin the work rather than analyzing another proposal and another consultant. HCD Coordinator answered further questions from Council. There was consensus ~o include the Senior Center system in the work, with the costs itemized so that CDBG funds could be used for that pertion; to stagger the payments to the consultant so that '~ugs" would be straightened out before the final payment; to direct staff to make a final recommendation as to which consultant tO hire; and to direct staff to draft a contract for consideration September 18. 2. Award of-Contract - Professional Services for Design Improvements of Congress Springs Park In answer to Councilmember Hlava, Maintenance Director stated that there were sufficient funds budgeted to cover the costs not covered by the State. In answer to Councilmember Fanelli, he said that the inspection and bidding assistance should be completed in less than 48 hours. City Manager stated that it was standard 5-9/4/85 practice that fees are paid on the basis of 407° upon submission of the preliminary drawings, 40% upon submission of final drawings, 107o upon approval of drawings, and !0% upon conclusion of award of bid. HIAVA/MOYLES MOVED TO APPROVE THE CONTRACT WITH JACK BUKTENICA ASSOCIATES IN CONCEFF AND TO DIRECT STAFF TO DRAFt THE CONTRACT. Passed 4-0. V. I~JBLIC DIEAR~ -None. A. Discussion of Oral G ..... n~ications, if m~y - None. B. Written C~....,mications fn~n the Public #1 from M. Klear suggesting joint study for common dispatch service - City Manager to notify Mr. Klear that City Council is interested in pursuing. #2 from H. Cobern concerning centennial celebration of Statue of Liberty - information only. #3 fr~n E. and F. Steinberg concerning tree removal permit - no action. C. New Business from Staff, Administrative Reports not Scheduled Community Development Director commented on Route 85 Concept Report which had been distributed, noting that the major point of interest was that the existing Route 85 would eventually be relinquished to the City jurisdiction. Mayor Clevenger stated that the City must be sure it has been adequately maintained before the re 1 inqu i shment. D. New Business frc~ Counci]mpmhers Councilmember Hlava brought up a report from the Community Services Director concerning Community Services Officer involvement in a neighborhood dispute. Councilmembers expressed concern about the amount of involvement and report-writing in such a situation. Councilmember Fanelli suggested that the Council at some point discuss whether what the Council wants to do is being accomplished by the CSO program. She also brought up the Ombudsman program, which had been initiated by the previous City Manager but was apparently inactive. Community Services Director explained that the staff's intent was to keep the CSO's from being drawn into neighborhood d~sputes. Councilmember Fanelli thanked Robert Shook, the Community Development Director, for his excellent work as Acting City Manager. She then noted that the microphone system needs ~ork, and there is money for that in the budget. She also felt that the Council might need to review the Action Referral Log. Mayor Clevenger suggested that it be agendized for a study session. Councilmember Hlava reported on the Transportation Commission and its view that there is a pro[lem with the Paratransit Coordinating Council. Mayor Clevenger then displayed a plaque presented to the City in appreciation from the Valley Institute for Theater Arts. Councilmembers discussed when to have a joint meeting with the Planning Commission to discuss Villa Montalvo, Paul Masson, and other matterS. There was consensus to meet on October 15. There was consensus to meet with the City Manager September 12. E. Action Referral Log VII. A]~JOt~ The meeting was adjourned at 9:10 p.m. to a closed session on litigation (Irany). Respectfully submitted, Grace E. Cory Deputy City Clerk