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HomeMy WebLinkAbout09-16-1970 City Council Minutes TIME: WEDNESDAY, SEPTEMBER 16, 1970 - 7:30 P.M. PLACE: SARATOGA CITY COUNCIL CHAMBERS, 13777FRUITVALE AVENUE, SARATOGA, CALIFORNIA TYPE: REGULAR MEETING I. ORGANIZATION A. ROLL CALL The meeting was called to order at 7:35 P.M. All Councilmen were present. B. MINUTES Moved by Mayor Robbins~ seconded by Councilman Sanders that the minutes of September 2, be approved as distributed; carried unanimously. II. BIDS & CONTRACTS - None III. PETITIONS, ORDINANCES & FORMAL RESOLUTIONS A. ORDINANCE NO. 46.2 - An Ordinance Revoking CATV Franchiseawarded to California Cable Television Corporation. OI{D. 46.2 City Manager Huff reported that this was the time for adoption of this CABLE T.V. Ordinance if the Council so desires. It was introduced and read at the FRANCHISE last meeting. The Public Hearing was held at the preceeding meeting as REVOKED required by the City Code. Moved by Councilman Dwyer for adoption of Ordinance 46.2 revoking CATV Franchise awarded to California Cable Television Corporation, seconded by Mr. Smith; carried unanimously. IV. SUBDIVISIONS, BUILDING SITES & ZONING REQUESTS A. UP-164 - SARATOGA FOOTHILLS DEVELOPMENT CORPORATION - Request for Release of Performance Bond UP-164 City Manager Huff reported that this was a bond posted to guarantee SARATOGA compliance with the conditions of a Use Permit for the Model Home FOOTHILLS Sales Office. This us~has been terminated by selling out of the homes in the tract and Mr. Huff recommended that Council authorize release of the bond. Moved by Councilman Sanders for release of the performance bond on U.P. 164, s~conded by Mr. Dwyer; carried unanimously. B. TRACT 4825 - GLASGOW DRIVE - Approval of Subdivision Map TR. 4825 City Manager Huff reported that all conditions have been met and this GLASGOW DRIVE is the time for adoption of Resolution SD 839-1 approving the final map of the first unit. Moved by Councilman Sanders for Adoption of Resolution SD 839-1, seconded by Councilman Dwyer; carried unanimously. It not being 8:00 P~M. Mayor Robbins announced that the Council would proceed to Item VI on the Agenda. VI. ADMINISTRATIVE MATTERS A. MAYOR EXECUTIVE 1. Mayor Robbins announced that he would call an executive session SESSION following the regular meeting for the purpose of discussing land. negotiations. 2. Mayor Robbins reported on the statu~ of the Youth Commission. The YOUTH City has been receiving applications but would like to have more. COMMISSION The Administrative Assistant is preparing news releases to inform the public what the Youth Commission is expected to do. He will also contact the various scho~is. Councilman Smith suggested that Dave Moyles, Student Body President at Saratoga High School be contacted in this regard. / ! CITY COUNCIL MINUTES - SEPTEMBER 16, 1970 - CONTINUED 3. At the request of Mayor Robbins,~ Mr. Mariani reported that the Parks and Recreation Commission recon~nends to the City Council that the Scully Triangle parksite, bordering on,Scully Avenue and the future West Valley MORAN . : h e e h o MEMORIAL PARK Inasmuch as the Scully park site is the most likely to be developed as a large neighborhood park with a bro~d range of facilities it was felt that this site should bear the designation. It is also hoped that this site's,development will be give~ priority and that the City Council consider diverting more city funds to initiate deve.lopment as quickly as possible. Mayor Robbins stated that he felt this was a logical move and the~be~t site from all respects for the reasons listed by the Parks and Recreation Commission. He felt it was appropriate to adopt a minute resolution to 'this effect. f Moved by Mayor ~Robbins, seconded by Councilman Smith that the former Scully Triangle Park Site be named the Kevin Maran Memorial Park; carried unanimously. Mayor Robbins proposed that he and the Vice Mayor meet with the Moran family to discuss with them the appropriate dedication ceremonies along with the Chairman of the Parks and Recreation Cormmission. He also proposed involving the residents of the area in the planning ceremonies. B. FINANCE 1. Payment of Claims Moved by Councilman Smith that the list of disbursements totalling $29,775.57 be approved and that the Mayor be authorized to sign the necessary warrants; seconded by Councilman Sanders; carried unanimously. 2. City Clerk's Financial Report -:Noted and filed. 3. Treasurer's Report - Noted and ~ile~ C.COUNCIL COMMISSION & COMMITTEE REPORTS - None D.DEPARTMENT HEADS & OFFICERS 1. Resolution No. SDR 866-1 RESL'N. Planning Director Walker reported on this non-agendized request for Final SDR 866-1 Building Site Approval. This is a building site on Bohtman Road for Dr. DR. CAMPION Donn Campion where he was remodelling his home and the City found he was contemplating extensive remodelling which would have to go through site approval. It was a rather si~e matter involving three conditions: 1) payment of drainage fee; 2) payment of a Park and Recreation fee; and 3) Offer of Dedication to provide for a 30 foot half-street on Bohlman Road. There was'no objection from the Council to considering this I~m at this time. Moved by Mr. Smith for adoption of Resolution No. SDR 866-1 for Final Building Site Approval, seconded by Mr. Sanders; carried unanimously. SDR~623 2. City Manager Huff reported thatZ he had two recon~nendations from the Director of Public Works for action with regard to bonds - one was SDR-623. The improvements have been completed and Fir. Shook recommended acceptance of improvements for construction only. Moved by Councilman Smith to accept improvements for construction only and that the one year maintenance period begin, seconded by Councilman Sanders; carried unanimously. - 2 - CITY COUNCIL MINUTES - SEPTEMBER 16, 1970 - CONTINUED SDR-680 - Ljepava This involves a developmen't at .the end of Debbie Lane. All improvements have been completed and the deficiencies corrected at the end of the one year maintenance period and! it is recommended that the bond be released. Moved by Councilman Smith, seconded by Councilman Sanders to accept improvements on SDR-680 and that the bond be released; carried unanimously. It now being 8:00 P.M., the Mayor returned to Public Hearings. V. PUBLIC HEARINGS - 8:00 P.M. A. C-130 - SARATOGA FOOTHILLS DEVELOPMENT CORPORATION, FOOTHILL AVENUE Continued from 8-5-70 ~ The City Manager reported that at the last meeting the City Council had received a letter from the developer requesting withdrawal of this application. The City Attorney had advised that since the Public Hearing was scheduled, it would still be necessary to hold it. This is the time and the place for the Public Hearing. ~ouncilman Smith reported that if%the withdrawal was still effective he would have some comments with regard to the Planned Community concept generally. Mayor Robbins opened the Continued Public Hearing in the matter of C-130 at 8:01 P.M. Jerry Lohr, representing Sarat0gaTFoothills Development Council, who resides at 19802 Charters Avenue, Saratoga addressed.the Council. He stated that it was primarily Mr. Orr's decision to withdraw this application for three reasons: 1) the proposed re-zoning appeared to be causing major controversy and it wasn't their desire to cause such hard feelings; 2) concern about the ong~ing responsibilities and potential problems brought about by this particular _development in terms of the maintenance of the community facilities; 3) the time expended in developing the plan. IH~ ~till believed in the project but shared the concern about the potential~oblemsinvolved in maintaining the community center. Initially the developer was enthusiastic about the planned community but feels that he hasn't received much endourage- ment from the LCity. Mr. Lohr continued that they withdrew for these reasons an~ have since submitted another plan to the Planning Commission which is before the Subdivision Committee. The Planning Commission has scheduled a Study Session which is open to any interested citizens to discuss alternate possible developments for this property. Mr. Lohr stated that it would be helpful to the developer to have the Council's feeling about this type of development and he was~willing to~answer any questions. Mayor Robbins pointed out that this was not really the proper place for a discussion of this type since t~e matter Before the Council was the question of re-zoning the area. He did not feel a discussion regarding the general philosophy for development of this area was appropriate at this time. Mr. Lohr suggested that the Council members attend the study session on Monday evening,~Sep~ember 21. Bernie Turgeon, 138494Malcolm, a~so representing Saratoga Foothills Development Corporation addressed the Council. He felt that the possible solution would be to continue the p~esent hearing and go into the matter in more detail. He strongly favored the general concept of Planned Community zoning, and felt that th~ plan presented was the best one and deserved careful consideration. Mr. Dwyer stated that it ~as his impression from the foregoing comments that with any kind of encouragement from the %Council the applicants might change their minds and come. back with a planned community proposal. Mr*. Turgepn ~ffirmed' that they had been talking toMr. Orr and they were reluctant to give up the wholeidea until they had explored all avenues. if it could not be done he suggested that the planned community ordinance be removed from the books. - 3 - SARATOGA CITY COUNCIL MINUTES - SEPTEMBER 16, 1970 - CONTINUED Mr. Lohr stressed that the main reason for withdrawal was the fear [hat it was causing dissension. Mr. Turgeon felt that planned commuBity was the coming thing in the future of America and not just in Saratogas. Mr. Johnston stated that we do not hive a provision in our Ordinance to permit a withdrawal. The procedure in the past has been to treat it as a ~request that the Council abandon proceedings~ Once the re-zoning procedure has started it is possible to continue r~ght on and ignore the request for withdrawal. Mr. Dwyer felt that the matter of planned community was extremely important and voiced his preference to have the hearing continued. Mr. Smith felt that Planned Community generally was a good concept and an important way to preserve open space~ Also, it is consistent with Beck's report about the development of that area and this is a keysparcel which will set the tone. He wondered about the problems involved in having a conventional map before the Planning Commission and the mechanics involved in keeping the residents aware.of what is going on. Planning Director Walker stated that'as far as the tentative map before the Planning Commission was concerned, i[ was necessary for the Commission to 'act wit~in~f~d~s'~unleS!S~'.the applicant grants=.an extension. He assumed that if the zoning matter was continued there would be no p~oblem in obtain- in~ an extension from the applicant. Mr. Walker noted that the study session which is being held by the Planning ~ommission is primarily to determine whether slope density standards should be applied to this more recent tentative map and does not relate~ directly to the planned community development or specifically t6 the C-130 application. Mr. Sanders did not wish to discuss the specific proposal but stated he was at the Planning Commission meeting, and the general discussion of slope density involved a great deal of researching of the objectives of slope density. It seemed to hfm that there was a consensus that in land where there is a topographic problem they will probably have to apply both slope density and cut and fill minimum-maximum standards. Mr. Smith felt that the first obligation was to direct the City Manager to contact the citizens involved. Mayor Robbins stressed that although the City Council favors the general concept of Planned!~0mmunity Zoning,lthey have not taken a stand with regard to this particular design. Start Marshall, 19610 Three Oaks Way addressed the Council. He felt that the law had not been kept with respect to the matter of sending notices of a zoning change to all prope~.ty owners'within 500 feet, in spite of the fact that the Councilhad been notified that this was the case. The City Attorney pointed out that it was only necessary to send a notice once and if the party already in fact had'actual knowledge of the hearing, the ~ailing of a notice is not required. Mr. Marshall pointed out that the information was transmitted by a Citizens Committee and not by the goverhing board. He did not feel it was proper or that the residents had been given enough time to enter an argument. He felt they should be allowed at least two weeks to fall back and re-group and have people en-masse attend the next, session. He felt strongly that everyone within.500 feet should be notified. Moved by Councilman Smith for continuation of the Public Hearing to the next City Council meeting on October~7, seconded by CoUncilman'Bridges; carried unanimously with Councilman Sanders abstaining. For the record it was noted that Councilman Sanders did not participate in discussion of the merits of the pending application nor did he vote on the matter. - 4 - SARATOGA CITY COUNCIL MINUTES I-/~_B~PTEMBER 16, 1970 - CONTINUED Without objection, Mayor Robb'ins directed the staff to mail notices to all people who live within 500 feet of this property and that this public hearing be continued to the next regular meeting on October 7. Mayor Robbins closed the discussion o~ this matter for the evening at 8:30 P.M. B. V-349 - JOHN WALLACE, LUMBERTON LANE - ContinUed from 9-2-70. An Appeal to the City Councxl of the Planning Commission Decision to Deny the Variance. cify Manager Huff reported that atethe last meeting of the Council, the Planning Committee reported on thi~ matter and recommended ~hat the matter be referred to the Planning Commission once more for re-consideration, particularly in the light of the r~quirements of the planned unit develop- ment zoning which is in effect in this area. There is a report back from the Planning Commission based' on that referral recommending that the City Council deny the variance. Mr. Huff said that the City Attorney advised that in order. for the jCouncil to consider anything other than whethe~ the Planning COmmission had substantial reason to deny this request would require a Hearing de nova. Mayor Robbins stated that there are various ways to alleviate the condition: 1) granting a variance; 2) a perpetual easement; or 3) a 99 year lease. The City Attorney pointed out that.the third alternative was not appropriate because it relates to the definiti6n of site area. Transferring one portion hill leave the remaining lot substandard in size. One property owner could give another the right to use without reducing the site area but a lease would not be possible without a variance. Mayor Robbins opened the continuedTpublic hearing at 8:39 P.M. John Wallace, the applicant, was present at the meeting. He stated that the Planning Commission had advised that a perpetual easement might be the solution to this problem.-However, Mr. Goldsmith had investigated this and was not satisified that it would solve his requirements. Public Hearing closed at 8:42 P.M. ~ For the benefit of the audience, Mr. Robbins quoted from Section 17.6 of the Zoning Ordinance. He stated that it was his opinion that a variance should not be granted if thee was some other way to solve the problem. Since a perpetual easement will sorve this particular problem, he could not see any reason to grant a variance. In response to discussion as to whether a perpetual easement could provide Mr. Goldsmith exclusionary use, the City Attorney stated that it could and that he had drawn up the proper language for the easement. Mr.l~mith stated that he felt that all five of the findings required could be m~de and he would be willing to 'vote for a variance; but he would like to have the hearing continued to give the parties time to work on the alternative. Moved by Councilman Smith, seconded by Councilman Bridges to re-open the Public Hearing; carried unanimously. Mayor Robbins re-opened the Public Hearing at 9:00 P.M. Without objection, the Public Hearing was continued until the next regular meeting of October 7,.1970. C. GENERAL PLAN R~VIEW FOR 1970 - Public Hearing in Connection with the General Plan Review City Manager Huff stated that the. Planning Commission'recorfanended approval of their report of August 24 on the 1970 General Plan Review.! - 5 - SARATOGA CITY COUNCIL MINUTES - SEPTEMBER 16, 1970 - CONTINUED The report submitted to the Council covered the individual items considered within the General Plan, the recon~nendations and the meetings held to develop these recormnendations. Mayor Robbins opened the Public Hear.ing at 8:58 P.M. He read the General Plan Review report aloud and the following discussion ensued. ~'S~a~g~1Avenue~ Cox Avenue~ West Valley Freeway Area. Mr. Huff referred to a letter from Miles Rankine with regard to the Ormondo-Falcone property located on the south side of the LSoUthern Pacific Railway tracks east of Saratoga Avenue, consisting of approximately 16 acres. The letter asked the Council to consider the property as ]future apartment land or land for a senior citizens development. Saratoga Avenue~ Lawrence E~pressway (Kosich property). City Manager Huff referred to a letter from Jedko Properties dated September 15,~requesting zoning other than single family use for this property. ~Pierce Road~ Ashley Way Area. Mr. Walker explained the Commission recommendation to'establish a low density ~uffer between the medium density and very low density areas. Mr. James F. Wilson, 12905 Pierce Road told the Council that he owns the property recommended for low density designation. He stated that the property owners to the west of his property had studied re-zoning. They developed a proposal and met with the Planning ~l~ommission and its committees to review the proposals. This is t~e recommendation of the General Plan Committee. This particular plan does satisfy his request and he asked if it would permit re-zoning of his property to permit development of three half acre lots. Mr. Walker stated that it would be possible on a squar~ footage basis to develop two more lots besides the lot for the existing home if the property were re-zoned to R-I-20,000. However, review of a tenative map would be necessary before it could be determined how many lots could be developed. Multiple Residential. Col. Ernest T. Barco, Jr., 18873 Dundee Avenue repeated his support of senior citizens housing in Saratoga, referring to his correspondence with the City and the 1966~report on senior citizen housing prepared by a special conmmittee then appointed by the Mayor. Col. Barco stressed that he was not discussing apartment development but was urging provision of senior citizen ~ousing. He recommended that the staff be told to get some answers. He said the Council should give them a specific time limit, perhaps two months, in which to report to the City Council, and that the Council should be prepared to develop a policy for senior citizens housing upon receipt of the staff study. Jerry ~o~rd<;~837 Sir Frances Drive, Capitola, a former resident of Saratoga asked the Council to consider the longer period of time that this question had been in the mill and apparently ignored. He stated that senior citizens cannot apply for housing that does not exist so it is not possible to ascertain how many applications would be forthcoming. Councilman Dwyer stated that in the past it was felt that apartments would meet the senior citizens' needs but that with the escalation 8f costs, this was found not to be the answer.. Clarence Neale~ 14165 South Highway 85 stated that he had been a resident since 1940 and was very concerned about senior citizen housing. Mr. W~lk~r sta~ed that the Planning Commission, through the General Plan Co~mm~tte~, intends to proceed im~n_ediately with t~s stpdy~to have it ready for inclusion in the General Plan revision of 1971. The s[aff are to inventory various proposals and prepare population projections, a list of possible sites, and a catalog of standards and criteria used by other agencies such as FHA and the State. Fir. Walker stated that the Planning Department staff were working on this at the moment, and felt they could complete the study well before April. - 6 - SARATOGA CITY COUNCIL MINUTES - September 16, 1970 - CONTINUED Councilman Sanders stated that the Planning Conm~issisn should have come up with a more complete report on seni6r citizen housing, the City should have some areas designated and some suggested criteria which distinguish an.f apartment house from a senior citizens~ complex. We need discussion of how many areas might be needed, the kind of financial security that should be looked for in a developer that would do this' type of project and recorfanendations for the kind of zoning for more than one classification for senior citizen housing. We should not wait another year. Mayor Robbins felt that it might be appropriate to hire supplementary staff to conduct this study~ and directed~Mr. Walker to prepare an estimate of staffing, cost, and time required for such a study for presentation to the Council on October 7. Mrs. Cabby Sithey, a resident of Cr~igen Circle, suggested that the City ask M~. Barco~to recommend sites throughout the city that he felt would be appropriate for a senior citizen complex. Councilman Smith said he hoped that the Planning Commission study would consider density and level of care, and not just suggestions as to locations. He hoped the study could be done quickly and the Council could act on it immediately without waiting for the 1971 General Plan Review. Col. Barco stated,withi. reference to Mrs. Sitney's remark, that an unbiased outside consultantI~Uid be more qualified t~an he to prepare a comprehensive list of potential sites. At 9:55 P.M. Mayor Robbins called for a recess. The meeting reconvened at 10:15 P.M. The discussion continued on the matter of the General Plan Review. ThorouShfares. With respect to this item, Councilman Bridges suggested that the Chamber of Con~nerce be involved in the proposed study of Village parking and traffic. Councilman Smith suggested that the last sentence should read: This study should also include 6th Street, St. Charles Street and Oak Street and other possible methods of easing the traffic problem in the Village area. Referring to the recormnendation that Fruitvale remain a two-lane thoroughfare south of San MarcosRoad, Mayor Robbins stated that the Planning Committee had recommended that the staff be directed to draw up a four lane plan. The City Attorney had stated that if the Council adopts the General Plan now showing Fruitvale as a t~o-lane thoroughfare and later adopts a 4 lane plan line, the plan line would modify the General Plan. Mayor Robbins' feeling was that we didn~ want to black top anymore than necessary, but we should be prepared for the possible need for four lanes. Mr. Smithfs only concern was that {n the event it was necessary to go to four lanes that the City would have theability to put the road in and receive the dedications. John Hallman, a resident of Fruitvale Avenue asked whether the recent plan to provide a walkway along Fruitvale Avenue would in any way prejudice the plan line for a four lane roadway. The City Manager replied tha~ the walkway is ,provided for pedestrian traffic. It is asphaltic concrete so when additional construction takes place it can be moved to a permanent location. Parks~ Trails and Pathways. Mr. Smith stated that in light of the direction given to the Planning Commission he would not want to approve this recommendation with regard to the park. Planning Director Walker noted that the greater majority of the Planning Con~nission adopted this report on this particular item on the basis that they felt this was a more appropriate central park location. However, Dr. - 7 - SARATOGA CITY COUNCIL MINUTES - SEPTEMBER 16, 1970 - CONTINUED Norton had voted against the General ~l~n Report only on the basis that he differed with the Planning Conmission.on this particular item and he wanted to make sure that the Council was aware of that. It was the consensus of the Council that they were not willing to accept this part of the report. Mayor Robbins continued the hearing on the General Plan to October 7 and referred the matter to the Planning Committee. Because there were a number of interested citizens in attendance with reference to the John Gorman Day Care Home, Mayor Robbins asked the iqo~Ci~'s indulgence to place the matter next on the Agenda. Planning D~rector'Walker read his report to the City Council with respect to the John Gorman Day Care Home operationL. and complaints. He recommended that the Plar~ningDepartment~ insure with the assistance of the City Attorney that Mr. Gorman comply with the Zoning 'Ordinance especially as to the number of children being cared for at one time.. Mrs. Alice Rawak, President of the BrOokview Homeowners Associationjand a resident of Wo~d~ide Court addressed the Council. She stated that Mr. Gorman had been a?thorn i~ the side" of the~neighbors for months, if not years. She stated that he was advertising before he had applied for a Use Permit last spring. When he encountered unanimous opposition from the Brookview Homeowners Association, he dropped his.applicati6n for a Use Permit and continued to operate a nursery school. In regard tO a question from Councilman Smith with regard to the traffic in the area, Mr. Marvin Steinberg, 19129 Brookview Drive stated that he resented~the fact that the residents had found it necessary to bring this matter t'o the City Council's attention. He stated that he had been a resident for 4~ years and had purchased his home with the understanding that there was to be no Commercial development. He stated that at one time Mr. Gorman had a printing press and also rented out rooms. However, the'neighbors had not complained at the time. When it came to theiF attention that he planned to add two rooms, a dark room and a large play room, two of the neighbors asked him if he intended to use these for commercial purposes and he assured them it w~s for his own family. At the Planning ConmiSsion meeting for the Use Permit there were 100 people ready to oppose the application and he withdrew it. In July, he. begn this operation and had received a license f~om the County Welfare Department to care for three or four children. There have be~n as many as twenty cars at the house daily. Mr. Steinberg felt there was a matter of principle and that this man was violating his County license and the City ordinance. He said that the neighbors.resented having 'to play det'ective. However, they had noted the following activity during a one day period: At 7:00 a.m. a baby, at 7:30 a.m. a four year old, 8:00, 8:10, 8:30, 8:35 and 9:00 more children until there were six or seven children by 9:00 a.~. During the afternoon, one arrived at 3:30, another at 4:30 and somehow by 5:30 there were two youngsters picked up who apparently arrived after S~hool. Today, there were ten or eleven children. The residents at this point were asking what action the authorities could take and whether the law enforcement officers should be involved. In response to a question fromMayor .Robbins as to what kind of case the neighbors would have to make, the City Attorney stated that Mr. Gorman had called his office complaining about harrassment on the'part of the City and some of his neighbors. It was his understanding that the County is now going to investigate and will revoke his license if h~ is in violation. The City Attorney would require three or four people who would be willing to testify before he would be able to take any action. Mr. Gorman had told Mr. Johnston that he never bad any more than four children, plus his own, which was in keeping with his license. Mr. Steinberg stated that there were people in the neighborhood who would be willing to sit outside and take down zlicense numbers and who are also willing to testify. He noted that the residents had brought the matter to the attention of the County three weeks ago. At this point there was some discussion as to the desirability of the City hiring a Zoning Enforcement Officer. - 8 - SARATOGA CITY COUNCIL MINUTES - SEPTEMBER 16, 1970 - CONTINUED The City Attorney felt that basically the proglem is that a Day Care Nursery is permitted in an R-1 Zone with a Use Permit. This covers five or more children and Mr. Gorman knows this which is why he originally applied. For less than five children, he is entitled to operate as a home occupation. Mr. GOrman is well aware of the law. For a violation he could be arrested and charged with a criminal offense of violating the Zoning Or~c~inance or we could get a civil injunction. Mr. Johnston had pointed out to Mr. Gorman that if he were convicted he would probably lose his County license. The Mayor directed the staff and the City AttOrney to pursue this matter with all possible diligence in order to get the matter settled. D. C-132 TIRE SERVICE COMPANY, PROSPECT ROAD - REquest for Change of Zoning from "R-i,10,O00" (Single-Family Residential) to C-N (Nei~hborhood~Commercial). Mr. Huff reported that this application for re-zoning came to the Council with a recom- mendation from the Planning Commission that it be approved and this is the time and place set for the Public Hearing. This is a request for re-zoning of a portion of the property owned by Saratoga Avenue Baptist Church which fronts on Prospect Road. The General Plan calls for neighborhood commercial zoning. Mayor Robbins opened the Public Hearing at lli00 P.M. Mr. Naugle wondered whether this left any R-lizoning in that strip, and suggested that if this were approved, it would be more feasible to re-zone the entire area. Mayor Robbins thanked Mr. Naugle for his suggestion and it was moved by Mr.Sanders, seconded by Mr. Dwyer to close the Public Hearing. Public Hearing closed at 11:03 P.M. Without objection, Mayor Robbins introduced Ordinance NS-3-ZC-53. Moved by Mr. Sanders, seconded by Mr. Dwyer that the reading be waived; carried unanimously. VI. CITY MANAGER 1. Letter from Mr. and Mrs. Knapp referring to the proposed subdivision of the property on Arroyo de Arguello by Saratoga Foothill Development Company asking that the City Council hold off on Final approval until the Planning Committee of the Council has had a chan~e to consider the Knapp request for review and possible modification of the map. The tentative map has been approved by the Planning Commission on August 24. The Council has no authority to make changes in the conditions of tentative map approval but the Council can permit changes if they are agreed to by the dev~I~p~r. The Planning Commission determines the conditions that are to be a~plied=and-the Council's only function is to determine at the time of application for. Final Map Approval that the conditions have been met. The Committee could review this with the Knapps and determine if the developers would be willing to make modifications if such are desired after considering all the facts. Mr. Ron Knapp, a resident of Wardell'Road.se~tedsh~' couldnfore~ee problems in providing dual access to the property behind this development. There is no plan for this development at the present time but he is concerned and would like a chance to meet with the Planning Connnittee and review this problem. Without objection, referred to Planning Committee to meet with the staff, the Knapps and perhaps the developer. VII. WRITTEN COMMUNICATIONS 1. Letter from Vince Garrod with regardto his earlier request to place a portion of his ranch in Saratoga in an Agricultural Preserve under the Williamson Act. Mr. Huff had told him that the Planning Department is preparing the required report to the City Council and the City Attorney is drawing up the lesolution so it will be ready by October 7. The staff is moving ahead with this and no action is require~ by the Council. 2. Letter from R.V. Fagan, concer.ning noise andI7indicating a desire to have action taken to control the noise level. City Manager Huff reported that he is conferring with the City Attorney on this type of problem. - 9 - .... ~f~R~TOGA CITY COUNCIL MINUTE~EPTEMBER 16, 1970 Mr. Johnston stated that the Los Gates'Chief of Police had said it was purely a matter of law enforcement. There are provisions in the Vehicle Code for motorcycles, the same as there are for automobiles. Without objection, the matter was referred to the staff and the Public Welfare Committee for continued action and direction. 3. Petition from residents of the Pike Road, Saratoga Hills Road, Pierce Road and Via Regina areas requesting construction of a pathway between Pierce Road and Reid Lane along Pike Road and Saratoga Hills Road. Without objection, referred to the Planning Committee. Mr. Bieber was present to represent the petitioners. 4. Letter from Rev. Dillion appealing the de~ision of the Saratoga Planning Commission on the Use Permit application by St. Patricks' fathers. City Manager Huff had advised father Dillion's secretary that the letter was not in proper form. Mayor directed the City Manager to inform Rev. Dillion by letter. 5. Letter from Congressman Gubser encloslng copy of information he received from the Postmaster General in regard to the Saratoga Postmark. 6. Letter from VFW requesting that the VFW be given 1 and in Wildwood park on which to erect a Veterans Memorial Building and suggesting that in return they would develop and maintain the park. Without objection, referred to the Parks and Recreation Com- mission. ORAL 1. Mrs. Knapp asked the status of the Saratoga postmark and Mayor Robbins advised that there will be a separate slot in the Saratoga Post Office for Saratogans wanting the Saratoga post mark. 2. Jim Naugle voiced his objections with regard to C-132 on behalf of the Prospect Road Beautification Committee. They were asked to be notified of the meeting with the Design Review, the sub committee of the Planning Commission so they could provide some information. 'They were vitally interested in the item. He asked the procedures for appealing the decision on design review. Mr. Walker stated that an appeal could be made within ten days after approval by the Planning Commission. Mayor Robbins suggested that Mr. Naugle contact the Planning Director for details. Mr. Naugle stated that the group's main complaint was inability to meet with with the design review committee. They felt the Architectural Advisory Committee should have been involved in this decision also. 3. Mr. Smith stated that the Los Gates Saratoga Times Observer was coming out with a progress ledition within the next week or .so. They wanted the City to take an add in the progress edition at a cost of $292.00. City Manager Huff stated that this is the first time they have asked the city to purchase an add of this type and he recommended against this expenditure. 4. Councilman Sanders stated that he had attended the organizational meeting of the Saratoga Public Transportation Committee. ALthough there were several people in attendance Mr.~n~d~was disappointed by the lack of understanding of the issue. He stated that there is a practical problem of raising money and he would solicit organ- izations such as the League of Women Voters, Chamber of Commerce, and service clubs to help raise Saratoga's share of the required campaign funds. ADJOURNMENT Mayor Robbins acknowledgedI the presence of Planning Commissioners Lively, Cri~p, Smith and Martin, MrS. Marshall and Mrs. Wilberding from the Good Government Group and Mrs. Slade from the League of Women Voters. The Meeting adjourned to executive session at 11:30 P.M. to discuss the proposal of negotiations with the City Attorney. At 11:50 P.M. the Council reconvened in open meeting and adjourned. 10