Loading...
HomeMy WebLinkAbout10-16-1985 City Council Minutes !- MINIIII~ SARATOGA CITY C(ilNCIL TIME: Wednesday, October 16, 1985 - 7:00 p.m. PLACE: Civic Theater; 13777 Fruitvale Avenue TYPE: Regular Meeting A. ROLL CALL - CounCilmembers Callon, Fanelli, Hlava and Mayor Clevenger present at 7:05 p.m. Councilmember Moyles absent. B. MINUT~L .- 10/2 After discussion by various members of the Council, Councilmember Fanelli suggested that the minutes be amended to show that the Council had requested that a draft letter be sent to Assemblyman Konnyu with questions on Hwy. 85 decision-making responsibilities. HLAVA/CALLON MOVED APPROVAL OF THE MINUTES AS AMENDED. Passed 3-0-1 (Fanelli abstaining because she had not been present at the meeting). II. CRIAL CO~CATICIlS - None. III. CC~Z4T CAT.F~t~R A. Resolution proclalm~ng United Nations Day on October 24 RESOLUTION 2280 B. Final Map Approval, Tr. 7798, C.W. Associates, Montpere Way (8 lots) C. Notice of Completion and AppropriatiSn Resoluti~ in connection with Reconstruction of Fourth Street RESOLUI~ON 2241.7 D. Ordinances Granting Historical Resource Designations to the Saratoga llistorical Museum, Saratoga Village Library at 14410 Oak St., and McWilliams House (Office of the Saratoga Chamber of Commerce) (second reading) ORDINANCES HP-7, HP-9, ~ MP-10 E. Acceptance and Acknowledgment of Donations to llakone - Saratoga ltorticultural Foundation, ltewlett Packard~"%nd Robert Fairall - F. Map Approval for Tr. 7794 and 7795, Congress Springs School/3. Lohr Prope~ies (18 lots and 10 lots) Conununlty Development Director noted that this approval, which had been indicated as a conditional approval on the agenda, bad become final because the required bonds had been submitted. G. Final Building Site Approval for SDR 1581 Park Dr., Wilbur Fisher expansion) It. Approval of Warrant List I. Treasurer's Reports - July and August Councilmembers Hlava and Fanelli requested removal of items H and I from the Consent Calendar. FANELLI/HLAVA MOVED TO APPROVE THE CONSENT CALENDAR EXCEPT FOR ITEMS H AND I. Passed 4-0. Concerning the Warrant List, Community Development Director explained that the TJKM payment was not a final payment, but anI interim one. Councilmember Hlava requested that no final payment be made until TJKM had completed its work as specified in the Request for Proposals. Concerning the Treasurer's Reports, Councilmember Fanelli requested an explanation for variations from month to month in such items as General Fund Cash Disbursements. City Manager stated that old accruals were probably /~2-10/16/85 involved in the varialzions and noted that other cities presented financial reports on a monthly 'basis, and Saratoga panned to do the same. FANEI.I.I/HLAVA MOVED APPROVAL OF ITEMS ~ AND I. Passed 4-0. IV. SCHfI3UI-FI] MArmldl~S -' j~- A. AI1vI]IIIS]RATIVE REPU~TS City Manager explained the need t6 '~ppropriate funds for the use of the Hakone Foundation. { - HLAVA/CALLON MOVED TO ADOPT RESOLUTION 2241.8 APPROPRIATING FUNDS FOR HAKONE FOUNDATION. Passed 4-0. C0unc~.~memb. er H~ava' then ~uggested appointing ~he third trustee for the Hakone Foundation., N~yor Cleveng~r reviewed the qualifications of Floyd Kvamme, noting that he had indicated a ~illingness to serve if appointed. HLAVA/FAN~LLI ~0VED TO APPOINT FLOYD KVANME AS HAKONE FOUNDATION- TRUSTEE. Pass~ 4-0. City Manager reported that the Council office in the City Hall should be ready for occupancy by Nov. 1. There ~as consensus to appoint Councilmembers Fanelli and Hlava to handle the decorating and furnishin~ of the office. City Nanager th~n commented that no Councilme~ber ~as apparently planning to the upcoming ABAG General Assembly, and there might not be a quoru~ present for that meeting. No interest ~as expressed in !attending .the Assembly. 1. Plsimir~ C~mm~ssiou ~:~ious of 10~9~85 Nee~iu~ - Noted. 2. Oral Reports from C~'-..-issioners - None. Councilmember Hlava asked Parks and ReCreation Commissioner Pierce about the status of the grant for Congress~Springs Park; he responded that the Commission ~as proceeding ~ith final design plans. Councilm~mber Fanelli asked about the seals for the City entrance signs; City Manager replied that he had asked the Rotary Club ~hen the seals ~ere to be installed but had not yet received a definitive answer. Councilmembers Callon and Hlava suF~ested that ~he City might help install them. C. GRDII~ ~ RESOLIFrI(IqS - None. D. BIDS ~ (II~RACTS - None. Since the hour of 8:00 p.m. had not arrived, Mayor Clevenger proceeded to items followir~ public hearings. A. Discussion of Ora~ C~-,~.mica~ions, if ~uy - None. B. Written 6.,.,.unications from the Public ~! from Mr. and Mrs. Harreu Turnboo, 13356 Rouuie Way, witdin suggestions ou refuse disposal service~ ' Councilmember Fauelli suggested that the rates be discussed during the scheduled rate revie~ period. There was consensus to do so. C. New Business from S~aff, Administrative Reports uo~ Scheduled - None. D. N6v Business from Counci~-,-m~ers Councilmember Fanelli reported on a planning conference.she ~as to attend ~ith a staff member. " 3-10/16/85 Councilmember Hla~a reported on the Paratransit Coordinating Council and Transit Assist. She then brought up the possibility of discussing State Senator Roberti's budget proposals, including retention of the deductibility of state and local income taxes for federal income tax purposes. There was consensus for Councilmember Hlava to write a letter to Congressman Roberti on the deductibility issue onlyj'~ Councilmember Callon reported on the upcoming heapings on Route 85. She requested that reservations for the next Peninsula Division meeting be made for herself and a staff member. Mayor Clevenger commended staff on the recent reception fo~ thenew City Manager and re~orted on the ~st recent League of California Cities meeting and the West Valley Mayors and Managers meeting. At the Mayor's request, the City Manager explained a map he had prepared showing the current arterials-in Santa Clara County and the proposed Highway 85. He reported that CalTrans expected to deliver further information on the effect of the freeway on the arterials within 7-10 days. Councilmember ~all~n suggested that that information, as well as information on the effect on Saratoga traffic of buildingno freeway through Saratoga, be requested in writing. She also noted that the question of wbo makes the decisions on location of ine~rchanges must be asked. Councilmember Hlavabrougbt up the question of what happens to the current Route 85 if the freeway is built; Community Development Director replied that the City expected to take over Saratoga-Sunnyvale Rd., but he was not sure whether the City was required to do so. Councilmember Fanelli requested that the Council be given a copy-of the resolution appointing Councilmembers to standing committees. E. Actio~ Referral Log - No conments. Since the hour of 8:00 p.m. had arrived, Mayor Clevenger returned to public hearings on the agenda. V. PUBLIC HEARINGS A. Tentative b~ild~ng site approval for two lots ~nd variance approval for one lot to have a width of less than 150' at 19930 Saratoga-Los Gatos Rd. 1. Appeal of approval of above (Appellant, Mr. and Mrs. D. Lucas; applicant, Mrs. S. Maynard) (SE~ 1606~'V-703) 2. Appeal of condition of approval of the above (22' height restriction) (Appellant/applicant, Mrs. S. Maynard) Community D~velot~nt. Director explained application and appeals.- in response to Councilmember Callon, he stated that the application was essentially the same as that submitted several years ago. The public hearing was opened at 8:00 p.m. Don Lucas, 19370 Saratoga-Los Gatos Rd., spoke as an appellant against the application. He felt an approval would increase the value of the M~yuard property and decrease the value of his because of the "gerrymandering" map. He stated that his house was on the level of the Maynard's current house and above the level of the proposed house. He felt the proposed access was unsatisfactory because the bridge could not be built permanently because of erosion of thecreek banks. Smilja Maynard, 19330 Saratoga-Los Gatos Rd., spoke as the applicant. She stated that the current application was more stepped into the h~ll than the previous map. She felt the proposal was not '~errymandering," but was rather a proper use of their land. Mrs. Maynard then spoke as the appellant against the 22' height restriction. She felt that 22' did not allow enough height to build a two-story home. That height would not interfere with her view or her neighbors' views, she said, because many evergreen trees prevented the proposed house from being seen. In answer to Councilmember Callon, she stated that there is no access possible other than a bridge over the creek similar to bridges built by others in the area. 4-10~.~6/85 Community Development Director explained that a boot-shaped piece of land shown differently on different maps is part Df the subject property. Charles Doo~j Bainter Avenue, submitt~ a map showing that the boot-shaped p~ece is in the county, not tZhe City of SaratOga; he questiQppd the City's right to make a determination on the property. Mr. Door also objected to the~ack of provision for the continuation of Bainter on Mrs.]Maynard's map. He felt the'prOposed access could be a traffic hazard~ that the dreek was too unstable for a bridge, and that access from the current sewer line wo~ld be impractical. L Sally ucas spoke as another appellant against the appficat{on, saying that, contrary to Mrs. Maynard's assertions,! the trees do not screen the view permanently because they are deciduous. Mrs. Maynard rose agsin to say that t~e creek had been cemented on beth sides, and a bridge could be built across it. Emily Door, Bainter Avenue, opposed the application, saying that the creek had changed a great deal in recent years,:making it unsuitable for a bridge. No one further appearing to speak, th~ public hearing was closed at 8:36 p.m. City Manager reported that a letter oppo'sing the application had been received from Michael and Ann Bond, 15440 Via Colina. Community Development Director confirmed that part of the property{s in the (~unty, but there was no need to annex it. In response to Mayor Clevenger, he described three maps which had been appr0ved *ith .variances and the specific circumstances justifying the variances. Mayor Clevenger stated that she did'not believe the Council had in recent years approved any variance to create a 10t where the lot was not wide enough to start with. Noting that when the application had been disapproved ~ive years ago the Council had expressed concern about s'etting a undesirable precedent, she felt that the same concern was still valid. C0~ncilmember Fanelli felt that a variance was ea ea not the appropriate procedure to cr. t lot. If there was enough public demand for this type of project, she believed the Council should change the restrictions in the ordinances rather than granting ~uch variances. Councilmember Callon believed that conditions had not changed since the application was denied previously, so the variance was not justified. CLEVENGER/FANELLI MOrbiD TO UPHOLD THEi APPEAL OF THE APPROVALS OF SDR 1606 AND V-703, REVERSING THE PLANNING COMMISSION APPROVALS. Passed 4-0. Mayor Clevenger not~t that the appeal~ of the condition of approval was now moot and required no action. Councilmember Fanelli requested that staff write the Planning Commission a memorandum explaining the Council's ~ote and the reasons for it. She feared there might have been misunderstandings in the past, and she wished to clari'fy the Council's reversal of the Commission'~ decision. Councilmember Hlava then brought u~ the possibility of developinga joint powers agreement for self-insuring the City.~ After' discussion of the study being conducted by the Association of Bay Area Governments on the question, as well as the lack of information concerning cost-effectiv~ness of self-insurance, the City Manager was directed to keep informed en developments in self-insurance. The meeting was adjourned to a closed~session on personnel at 8:54 p.m. Respectfully submitt~, Grace E. Gory / Deputy City Clerk