Loading...
HomeMy WebLinkAbout12-04-1985 City Council Minutes SARATOC~ CIT~ (J:JjNCIL TIME: Wednesday, December 4, 1985 7:00 p.m. PLACE: Civic Theater, 13777 Fruitvale Avenue TYPE: Regular Meeting A. ROLL CALI. - 'Councilmembers Fanelli, Moyles and Mayor Clevenger present at 7:04 p.m. Councilmember Hlava present at 7:05 p.m. B. MINUTES - 11/20 Councilmember Moyles requested that further details be added to the problems des- cribed by Russ Maynard concerning installation of alarm systems by private companies and the lack of permanence of some companies. Councilmember Fanelli noted that the paragraph letters in the motion adopting the ordinance on p. 5 were inconsistent with the proposed ordinance; City Attorney explained that the paragraphs in the ordinance had been re-lettered because of the deletion of the Planning Commission's addition. HLAVA/MOYLES MOVED TO ADOPT THE MINIIrES AS AMENDED. Passed 4-0. 1. Resolution Confirming Appointments of Guch, Hillis and DeCarion FANEI.I.I/HLAVA MOVED TO ADOPT RESOLUTION 2290 APPOINTING THE ABOVE. Passed 4-0. 2. t~4m~nistration of Oath of Office to the Above Mayor Clevenger administered the Oath of Office, and Councilmembers congratulated the new and reappointed conmissioners. E. T. Barco, Camino Barco, expressed objections to the Council's discouraging of applause at the public hearing on Route 85 on November 7. He felt it was the audience's right to applaud and that it was to the Council's advantage to allow them to do so. Councilmember Fanelli stated that the Council, as a governing body, has the right to set its own protocol. The Council chose to ask people not to applaud, she said, so that the meeting could be conducted in a business-like manner. She believed the Council had always done so and saw no reason to change its procedures. III. ~ CAT.F~[~R All items were removed from the Consent Calendar. A. Resolution commending Stephen Hail for Service on Finance Advisory 0 .,.,d ttee Mayor Clevenger and Councilmember Fanelli noted the fine service performed by Mr. Hall on the Finance Advisory Conmittee and expressed the Council's appreciation. FANEI.I.I/CLEVENGER MOVED TO ADOPT RESOLUTION 2291. Passed 4-0. B. Resolution o,,,,-~,~ting Louie h~nnS upon his Retir~a~nt from City Fn~.loyn~nt Mayor Clevenger expressed regret that Mr. Lemos was leaving employment with the City and wished him an enjoyable retirement. HLAVA/MOYLES MOVED TO ABOPT RESOLUTION 2,292. Passed 4-0. C. Approval of Warrm~t List Councilmembers asked questions on the Warrant List which were answered by the City Manager. HIAVA/MOYLES MOVED TO APPROVE WARRANT LIST. Passed 4-0. IV. SC~mXn.rn M~rrm{S 2-12/4/85 A. /~I~b'IR~TIVE ~ 1. Finalizing of City's 6-,,,~ts on Draft Environmental l.mpact Report Tom Tisch showed slides showing depressed and non-depressed areas of a freeway in southern California. He did not know the depth of the depression, but he expressed the belief that the agency responsible must have done much planning in order to build a freeway which was as acceptable as possible to ~he community'. As to the draft letter to CalTrans w:ith comments on the DEIR, Mayor Clevenger asked that a number of additions be made and stated that she would go over the letter with the City Manager. She then noted that members of the public had until Friday to submit their own questions to CalTrans. Councilmember Fanelli commented that perhaps other suggested alternatives might be listed in a separate statement. She noted that the Council had no data on which to base a decision on alternatives such as the tunnel which had been suggested. She also inquired as to the projections based on modeling done by San Jos~e, and Councilmember Hlava replied that the projections based on the San Jose modeling would be in much greater detail than what had previously been provided. 2. RepoE~: from Community'Development Director on Gatto letter concerning Deannexation of parcel (continued from 11/20) Consensus to remow~ from calendar in response to letter from Mr. Gatto requesting removal. Councilmember Fanelli requested that Mr. Gatto be informed that the Council is not interested in de-annexation so that he would not waste time on such a proposal. 3. Policy Devel~t Calendar City Manager answered Councilmembers' questions on the calendar. Mayor C.levenger wished to inform the public of what was to be reviewed, and City Manager suggested sending a letter to community groups inviting input on the budget. In answer to Councilmember Hlava, he stated that~ the Council would probably build its agenda at the second meeting in January. CounCilmember Hlava was concerned about the state of the budget for the current year with respect to loss of Revenue Sharing funds and other matters; she requested a mid~-year budget review so that the Council could decide not to do soxne capital projects, for instance, if the budget looked tight. Councilmembers also requested that current recipients of Revenue Sharing funds be informed of the anticipated loss 6f those funds. Consensus to approve calendar. 4. October Financial Report Councilmember Fanelli questioned the placing of so much under "miscellaneous." She also noticed a large apparent over-expenditure in "public area landscaping." City Manager replied that he intended to check the figures. Consensus to approve report. 5. Uncontrolled Party Cos~ Recovery Rollin Swanson, a member of the Public Safety Commission, pointed out that the purpose of sending tlne proposed lette~ was not simply to recover costs from parents, but also to convey the concern of the City as to the seriousness of the problem. Councilmembers suggested the letter 'go out over'the Mayor's signature rather that the City Attorney's, and that iE be shortened and more tactfully worded. Councilmember Moyles objected to Sending the letter on two grounds: sinde the request for reimbursement could not zbe enforced, it invited scorn; parents already pay taxes for service and should not ~have to pay twice. HLAVA/FANELLI MOVED TO APPROVE THE PROPOSED LEI~'i'~R, WITH THE MAYOR WORKING OUT THE EXACT WORDING WITH q.~E CITY MANAGER. Passed 3-1 (Moyles opposed). Since the hour of 8:00 p.m. had arrived, Mayor Clevenger proceeded to public hearings on the agenda. V. PUBLIC ~S Appeal of denial of variance to allow an 8' soundwall along the front and side property lines at 18621 Kosich Dr. (Applicant/appellant, R. Haydon) (V-714(c)) The public hearing was opened at 8:25 p.m. 3-12/4/85 Richard Haro, architect for the project, reiterated the grounds of the appeal as stated in the appeal letter. He also stated his intent to make the proposed wall attractive. In answer to Councilmember Hlava, City Attorney explained how the height of a fence is measured. In response to Councilmember Fanelli, Planner Kerdus stated that an 8-foot fence would have to be 25' 'back from the property line on the Saratoga Avenue side and 10' from the rear property line to be built without a variance, but the house was at 25.' She added that the hot tub was about 6' from the rear line. Mr. Haro displayed drawings showing a six-foot fence and an eight-foot fence and explained that his client would put in landscaping if permitted to place the fence back from the property line. He asserted that a sound wall was needed in back as well as the front because of a large vacant lot in back. Alan Aspey, 12421Lolly Ct., asked what current ordinances provided as to fences facing a right of way. City Attorney stated they could be 6' tall except in certain situations. In answer to Councilmember Fanelli, Planner Kerdus stated that the requirement for Planning Commission approval of walls on arterials has been implemented only on Saratoga-Los Gatos Rd. Mr. Aspey then said he had been concerned about the wall's blocking driver vision, but his fears were somewhat allayed by the proposed setting back of the wall. He also stated that he did not want it to look like the lawrence Expressway. Ray Haydon spoke as the applicant. If he were not allowed to build a set-back 8' fence, he said~ he would have no choice other than to build a 6' fence, which might be less attractive, on the property line. He would not spend as much money improving its appearance, he said, because he needed to invest his money in features that would improve the value of the house, such as an effective sound wall. If he could have the 8' fence where proposed, he would remove excess landscaping from the City right of way and improve visibility for drivers. Omar Chatty of Morgan Hill then suggested that building the freeway might lessen traffic impacts and, thus, the need for a sound wall. Mayor Clevenger replied that traffic was expected to increase in Mr. Haydon's area if the freeway were built. No one further appearing to speak, the public hearing was closed at 8:45 p.m. Mayor Clevenger stated she had a problem in granting variance for an 8' wall because she did not want to establish a policy by granting it. She felt, however, ~_- that the Council needed to look at the present ordinance because of the need for sound walls along arterials. Councilmember Moyles stated he was unable to make the findings to grant the appeal. He felt the applicant had alternatives as to what to build, and it was the applicant's reponsibility to mitigate any undesirable effects of his choice. Councilmember Hlava was also unable to make the variance findings. She felt there was a problem with the General Plan as to decibel levels and the appearance of sound walls along arterials. She suggested that the Planning Commission look at the two ' issues and set up a procedure to allow for this kind of situation. In response to Councilmember Fanelli, Planner Kerdus stated that if the wall were considered an accessory structure it would have to be set back 25 feet; the staff had recommended the conditioning of a 10' setback if the project were approved. Mr. Haydon indicated that he was agreeable to the 10' setback. Councilmember Fanelli stated that she recognized the applicant's problem, but was unable to make findings for a variance for such a tall wall because it was not in keeping either with the variance procedure or with the character of' Saratoga. Mayor Clevenger preferred to send the matter to the Planning Commission and have them look at the entire question of fences on arterials. She wished the application to remain active so that the applicant would not have to re-file. Councilmember Moyles felt the broader issue of soundwalls on arterials had been resolved and should not be reviewed, but Councilmember Hlava believed a sound analysis had not been done at the t~me of General Plan review. MOYLES/FANELLI MOVED TO DENY THE APPEAL WITHHPREJUDICEANDWITHNO FEE WAIVER. Passed 4-0. Planner Kerdus then clarified that if the applicant returned with a 6-foot fence on the property line it Would be reviewed by the Planning Commission because it is on an 4-12/4/85 arterial; such a rew[ewwould haveno set fee. Councilmember Hlava and Mayor Clevenger then moved and seconded to refer th,~ issue of sound abatement procedures along arterials to the Planning Commission for review along with the General Plan. After {further discussion, the motion was wit'hdrawn, and there was consensus to permit that issue to compete with others to be considered for the schedule of the Planning Commission. Mayor Clevenger recessed the meeting ~from 9:04 to' 9:22 p.m. B. Appeal of denial of Second Unit Use Permit at 20471 Willjams Avenue (Applicant/appellant, F. Ff_Kenzie) (SUP 13) The public hearing was opened at 9:25 p.m. Kirk McKenzie spoke as the son of the applicant/appellant. He reiterated the points in the appeal letter and noted that his mother was attempting to comply with the ordinance, unlike some others in Saratoga. He also raised constitutional issues, asserting that the age and handicapped requirements may be illegal, and disallowing the second unit may amount to the taking of property without just compensation. No one further appearing to speak, the public hearing was closed at 9:34 p.m. Councilmember Moyles stated that his intent with respect to the second unit ordinance was not to abate existing ~econd units, but to bring them into compliance with codes. He felt that although second units in general were not especially desirable, he would view an appeal ~n an existing second unit more libera].ly than one on a new second unit. He noted the owner's investment, the fact that the second unit was not incompatible with the a~ea, and the lack of complaints. He was willing to waive the setback and lot size requirements if the parking problem could be dealt with, and he was able to make the hardship findings. Councilmember Fanelli agreed in general but fe].t the age requirement need not be waived since the unoccupied second unit could be rented to someone who met that requirement. Councilmember Hlava feared for the proliferation of rental units with no supervision and was unable to make hardship findings tQ waive the owner occupancy requirement. Mayor Clevenger feared that waiving the requirements would set a precedent which would wipe out those requirements, especially owner occupancy. Councilmember Moyles moved that the appeal be granted subject to waiver of owner occupancy and age requirements for this owner only, making the hardship findings. The motion died for lack of a secondS. MOYLES/FANE, t.LI MOVED TO GRANT THE APPEAL, WAIVING THE O~ OCCUPANCY REQUIREMENT BUT NOT THE AGE REQUIREMENT, WITH THE WAIVER TO APPLY TO THE CURRENT OWNER ONLY, MAKING THE HARDSHIP FINDINGS. Failed 2-2. · ] City Attorney noted that City rd n required the matter to return to the Council O ln~ Ces for the next meeting at which a quorum was present because of the split vote. C. Ordinance designating property known as the Nardie Borne at 1465{) 6th St. as a Heritage Resource (first reading) Councilmembers questioned Heritage Preservation Commission Chairperson Sharon Landshess as to the circumstances under which the application had been brought to the Council and the purposes of the~ prospective buyer of the property. She replied that there was concern that the structure might be demolished to, make room for a commercial use, since the property[was zoned commercial; the buyer wished to make use of historic building codes, which were less strict than standard codes. City Attorney added that: tax benefits are available for historic structures. Carol }~uldin, 15345 Bohlman Rd., then spoke as the prospective buyer. She explained that the house was legal for commercial or residential uses. There are three homes next to it, she said, but they do not look like the subject house. As to the required parking, she felt that no parking Was n~cessary because her business is operated by telephone. Mrs. Mauldin said she would buy the property even if no commercial use were approved; the sale was to be completed before the end of the year. She wanted to save the structure as a benefit t6 the City, she said. Councilmembers expressed reluctance to deal with the issue before the person interested in the historic designation owned the property and before the Planning Commission had decided whether to grant the parking variance which had been requested. There was consensua to continue the.matter to January 15, by which time the variance 5-12/4/85 on the parking should have been decided. Concerning a related matter, Councilmember Fanelli brought up the Warher Hutton House, which the Historic Preservation Commission was considering having moved to an orchard in Saratoga. She noted that the costs may be more than expected, and it may be better used in some location other than on City land. Ms. Landsness explained that CalTrans was probably responsible for moving the house and related costs, City Manager noted that the staff intended to consider different locations in the City, and the Parks and Recreation Commission had wished to participate in the process. Councilmember Fanelli felt it would be useful to put her concerns in writing. B, RgP(~'iS FRON CONI~SSIONS AI~ COMMI'ffl.:J.-'q - None. 1. Early gaming Fire Alarm System (second reading) FANELLI/MOYLES MOVED TO READ ORDINANCE 38.136 BY TITLE ONLY, WAIVING FURTHER READ~qG. Passed 4-0. }DYLES/FANELI,I MOVED TO ADOPT ORDINANCE 38.136 AS READ BY TITLE. Passed 4-0. 2. Satellite Dish Antefinn Ordinance (first reading) City Attorney explained revisions he had made. Councilmember Hlava requested tbat the ordinance be amended to include a maximum beight limit of 10'. Councilmember Fanelli suggested tbat it be amended to allow one foot of increased height for every 3 feet of increased setback. There was consensus to make beth changes. FANEIJ.I/HLAVA MOVED TO APPROVE NEGATIVE DECLARATION. Passed 4-0. HLAVA/FANELLI MOVED TO INTRODUCE THE ORDINANCE AMENDING THE ZONING ORDINANCE TO REGULATE THE PLACEMENT OF SATELLITE DISH ANTENNAS AS AMENDED IN SECTION 1.14 AND 1.13, SUBPARAGRAPHS E AND H. Passed 4-0. 3. Resolution increasing appropriations for executive recruitment nd City Atterney's revision of the Mtmicipal Code FANELI,I/HLAVA MOVED TO ADOPT RESOLUTION 2241.10. Passed 4-0. 4. Resolution Eliminating Parking on Portions of Big Basin Way, Oak Street, and Kan{na Av~mue MOYLES/FANELLI MOVED TO ADOPT RESOLUTION MV-162. Passed 4-0. Councilmember Fanelli complimented Erman Dorsey on the clear, thorough report be bad written. D. BIDS AND C(}ITRAClS - None. Mayor Clevenger then proceeded to items following public hearings on the agenda. A. Discussion of Oral ~'-..,,~mications, if any. Mayor Clevenger stated that she agreed with Col. Barco's statement that it is unreason- able not to allow applause at a Council meeting. She felt applause was not intimidat- ing, and there was no way to enforce such a rule in any case. Councilmember Moyles stated tbat although he admired and respected Col. Barco, he disagreed with him on this issue. He feared Col. Barco might not fully appreciate the element of intimida- tion tbat people wbo are assertive and noisy may introduce. He preferred to make a judgment based on reasoning rather than on the enthusiasm of the crowd. He believed that the level of public interaction with the Council at' the Route 85 bearing October 2 was detrimental, and that the Council needed to be sensitive to minority views at a public meeting. Councilmember Fanelli stated that tbe Council meetings were business meetings, and it was necessary to maintain proper demeanor during the entire meeting; she had been appalled to hear the tape recordings of the October 2 meeting, which revealed catcalls and much moving about and loud talking while the Council was deliber- ating. Councilmember Moylesthenexplainedtbat, farfromzriticizingMayor Clevenger, he supported the pro-active role which she had taken in limiting audience reactions. 6-12/4/85 Councilmember Hlava was not happy wizh applause, but did not feel the meeting was out of control. B. Written Ca~unications fmmTthePublic Councilmember Hlava noted that many well-written letters had been received concerning Route 85 and suggested that they!beacknowledged. Other Councilmembers were unable to envision how staff could respond to the many letters received. C. New Business from Staff, Administrative Reports not Scheduled City ~nager reported on efforts to Obtain City liability insurance. He submitted a letter from Dan Abbey, the City's fnsurance broker, describing several options. After discussion, there was consensus to approve Option #1 provided by Alliance Insurance Company, as described in;'Mr. Abbey's letter of December 4, 1985, on the condition that the City Manager found that Class XI was an acceptable rating for an insurance company. Councilmember!Moyles noted that defense fees would not be covered and asked if Mr. Toppel's 6ffice could handle increased legal activity. City Attorney said the Council should not feel committed to use Atkinson-Farasyn for all legal work, and the City should consider using special counsel as the need arises. Councilmember Moyles also inquired as to the need for a letter of credit, and City Attorney questioned that need. Councilmember Hlava reported on the status of an initiative measure and a legislative bill to help solve the insurance problem. City Manager then reported that a letter had been received objecting t.o staff's refusal to allow a Christian Science. announcement banner to be posted in Blaney Plaza. The City Attorney e:~pressed his opinion that under current policy the banner wouldbe permitted. After discussion, 'there was consensus to continue the current policy. Next, the City Manager reported on the results of the Route 85 survey sent to residents and distributed the tally ~heet. D. New BusinessfrcmConnc~ hers Councilmember Moyles reported onla transportation finance bill. Consensus to' request staff to determine how monies provided by bill could be spent; Councilmember Hla~x suggested they be used for repair of two bridges on Pierce Rd.; Councilmember Mayles suggested they Ibe used for improvements in the Village. Councilmember Hlava reported on Transportation Commissionbusiness, notingthat there was still discussion of the use of Transit District money for high-occupancy vehicle lanes. Councilmember Fanelli remarked that on the Artesia freeway such lanes seemed to be effective. Mayor Clevenger reported that Los Gatos wished to host a meeting onRoute 85 with Saratoga on January 14. Councilmember Moyles requested a written agenda, and there was consensus to request that~itbea dinner meeting. Mayor Clevenger then reported on th~ Mayors Conference and their decision t0 have a nominating conmittee select the next chairperson. Councilmember Fanelli suggested deferring selection of an alternative for Route 85 until after the last public he~ring on January 7. Mayor Clevenger pointed out that the Council still does not h~ve some critical information necessary'for an informed decision. There was consensus to delay further.discussion until after the public hearing. E. Action Referral Log - ~No comments. VII. AII]Oi~t~I~1~T ' The meeting was adjourned at 11:21 p.m. Respectfully sutxnitted, GraCe E. Cory Deputy City Clerk