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Home My WebLink About12-06-1972 City Council Minutes SARATOGA CITY COUNCIL MINUTES TIME: Wednesday, December 6, 1972 - 7:30 P.M PLACE: Saratoga City Council Chambers, 13777 Fruitvale Ave., Saratoga, California TYPE: Regular Meeting I. ORGANIZATION A. ROLL CALL Present: Councilmen Diridon, Dwye~, Kraus and Smith Absent: Councilman Bridges B. MINUTES It was moved by Councilman D{ridon and seconded by Councilman Dwy~r that the minutes of November 15 and November 21 be approved, pending receipt of corrections to the minutes.. The motion was carried. II. BIDS AND CONTRACTS A. AGREEMENT FOR CONTINUING INSPECTION AFTER ANNEXATION TO CITY It!was moved by Councilman Kraus an'd seconded by Councilman Dir.idon 'that the Agreement be approved on the basis of the change~ in Paragraph 1, stating that "County shall remain respOBsible for any inadequate or incomplete inspection and shall hold Cit'y harmless therefrom." The motion was carried. B. CROP AGREEMENT It ~as moved by Councilman Diridon ~nd seconded by Councitm~n Dwyer that this Agreement b~ approved.. The motion was carried. C.JOINT EXERCISE OF POWERS AGREEMENT FOR THE BICYCLE SAFETY PROJECT FOR SANTA CLARA COUNTY It was moved by Councilman Dwyer and 'sec6'nded by 'Councilman Kraus that the Agreement be approved; Councilman Diridon abstained from the vote. The motion was carried. D. AMENDMENT TO AGREEMENT FOR SHERIFF'~ FOOT PATROL It was moved by Councilman Dwyer and seconded by Councilman-Diridon that the Agreement be approved. The motion was carried. III. PETITIONS ORDINANCES AND FORMAL RESOLUTIONS' A. RESOLUTION NO. 646 - Resolution of 6he City CounCil of the City 0f Saratoga Akioptihg Certain Revisions to the General Plan for 1972 It was moved-by Councilman KraUs and seconded by Councilman Diridon that' Resolution 646 be adopted. The motion was carried. B. RESOLUTION NO. 647 - Resolution Expressing Appreciation to C.A.T.V. Citizens Committee It was moved by Councilman Dwyer and seconded by Councilman Kraus that Resolution No. 647 be adopted. The 'motion was carried. C. ORDINANCE NO. 38.38-1 - An Ordinance Amending the Saratoga City Code - Regarding the Fees Charged for Dog Licenses It was moved by COuncilman Kraus and seconded by. Councilman Diridon that Ordinance No. 38.38-1 be adopted. ~h~ motion was carried. D. REQUEST BY MRS. CLEMMER PECK RE: WILLIAMSON ACT The motion was made and'seconded fhat~the_applicant.~be authorized to proceed with the application and a public hearing be set for the first regular meeting in January. The motion was carried. This matter will be further discussed at the Committee of the Whole Meeting on Tuesday, December 12, 1972. E. PUBLICATION OF BASIC WAGE RATES It was moved by Councilman Dwyer and seconded by Councilman Kraus that the City approve participation in the pdblication of the list of prevailing Wage rates paid on construction projects. The motion was carried. IV. SUBDIVISIONS, BUILDING SITES AND ZONINGIREQUESTS -A. C-155 SARATOGA FOOTHILLS D'EVELOPME~T CORP., 6TH & BIG BASIN WAY It was moved by Councilman Kraus and seconded by Councilman Diridon that Ordinance NS-3-ZC-68 be adopted, amending the zoning map. The motion was carried. B. SDR-931 JORDAN M. PENNOYER, VIA REGINA Councilman Dwyer moved that the conditions as outlined in the Staff Report of November 21, 1972, be approved for placement under a deferred improve- ment agreement, with the requirement that dedication of right-of-way be imposed on Condition II-C; Councilman Diridon seconded the motion, and it was carried. C. C-161 COORDINATED FINANCIAL CONCEPTS, SARATOGA-LOS GATOS ROAD It was moved by Councilman Dwyer and seconded by Councilm~n Kraus that the applicant's request for withdrawal of the application for change of zoning from R-I-20,000 to R-M-4,000 be accepted. The motion was carried. D. TRACT 4825 SARATOGA FOOTHILLS DEVELOPMENT CORP., MILJEVICH DR. & GLASGLOW DR. It was moved by CoUncilman Kraus and seconded by Counqilman Dwyer that the improvements for constructio~ be accepted. The motion was carried. V. PUBLIC HEARINGS A. C-160 GEORGE W. DAY, FRUITVALE AVENUE This is a request for change of zoning from "A" (Agricultural) to '.~R-1-40,000 P.C%" (Single-Family Residential-Planned Community). l~nn'n_i~__'~'~_ _~a~explained that this involves a portion of the. large parcel of land located in the Central area, which composes eighty acres on the General Plan~"~It is shown oB the General Plan ~'l~jd~hYft~- He indicated that ~h'i~"~p~'l'i~i~f's residential planne~'l~community.~ " for 23.2 acres immediately south of, Redwood SchOol and fronting on Fruitvale Avenue. The proposed Planned COmmunity development would be comprised of building sites of approximately 35,000 square feet to accommodate large two-story homes. -Mr.. Walker advised that it is.the recommendation of the Planning Commission that the application fo~ change 'of zoning be approved, as it is in conformance with the General Plan and~~r~l~'~6'ps of the Zoning Ordinance.. - 2 - The puDlic, bearing~was opened at 8~30 P.M. Mr.' Lou Lido of George Day Construction Company indicated that the main reason for losing open space in this development is the ~aca~ac'c~7> rl h f ~yh~c~h_~sjHerrlman. He explained that an eighteen-foot g t-o -way is what was proposed; however, ~hen Herriman Avenue came about, they had to provide a sixty-foot right~of-way. Mr. Lid0 indicated that it is the fpeling of the Planning Commission'that they should have contributed more green area ~long Fruitv~le Avenue~ IWhen the idea of providing more~ green are'a on the'top of the map was presented, it was eliminated. Mayor Smith ,inquired what'the.'~dvantage was ~o having the large square footage lot rather than going to 32,000 square~feet. Mr. Lido replied that · they are still basicall, y trying to s~ll the "acre" concept; Councilman Dwyer asked if they had any lots to sell.in the first develop- ment. Mr. Lido replied that they h~ve specs on three lots at the present time. Mr. Walker commented that 34,000 sqhare feet really has difficulty in accommodating these homes with a reasonable setback. Councilman Diridon ±ndic~ted~that his concern was that the codncil 'speci- fically ta~ked about "open space" in their origina~ discussions and now it seems to be excluded from the picture. He further indi_~!cate~d~that he recalled the fear that f. q~_en space wo~'~e't~k'~'nu'~'Herr~man in these c.ssions ....... .................77 ..... Councilman Diridon moved that this~atter be discussed a~ the next study session and tha~ it be reagendized for the next regular meeting; Councilman Kraus.seconded the motion, and it ~as carried. DR. ISAAC N. ABRA~S, LOT 17, SUW~ER,BLACE, T~ACT 5233 The Ci'ty Manager indicated that there' are two items of correspondence'which h~ a ea~ 9f D~ Abeares and the other from ~urglng the Council to eny t pp , · , . ~ °,~ M~. and ~rs. Tri~p~with a similar'~Lese.~ .... ~ '7'~ ~'~ The public hearing was obened at 8:5p P.M. Dr. Abrams indicated that he feels the prOblem. in this situation deals With the interpretation of the Zoning Ordinance, and ~iF~a~'F~h~t~Fh~ .... City Attorney is in agreement with a number' of issue"~'o~d~i~in ~iT~'~r'~cent letter to the City Council. Dr. Abr~ms stated that he would like to point out that among the guidelin~i~'~'~[~r~:~he issue 'o~ Review Condition ~. He indicated that this design approval is in of a conditional approval and that if the conditions ,are.satisfactory to the applicant, then it would be granted, Mr. Abrams stated that the question is in the heightDand not the appearance Dick Tripp who lives directly behind'Lot 17, indicated that Lots 16, 17, 18, 19 and 20 were all set up for singleistory structures. Mr. Tripp further indicated that he and Mr. Ludeman ask no more or no less than what the original conceptdh~d'in~e~ded. Mr. Tripp stated that Dr. Abrams was aware of the condition gh't~'i'~articular lot when he purchased it. He further stated that if a two-story home is built, the privacy that they n6w enjoy is going to be completely eliminated. ' Mr. Ludeman of 12575 Scul-ly Avenue iddicated that he lives next door to the Tripps and that Lot 17 is directly behihd his lot. He.indicated that he would be very objectionable toward th~is two-story structure. - 3 ~ Bob Worthl~y, Who lives in the tri-level home next.to Mr. Tripp, indicated that his main concern was that whe'n he purchased this home approximately five years ago, he had th~ understanding that this area was zoned from R=i. He indicated that the lots behind his home are.Qf a different size than his and the back yardl are 2~ 2 to 3 feet higher. Mr. Worthley'sta~ed tha~ they had a fabulous view of the hills ak one time from their bedroom deckLhowever, it is now somewhat blocked, even by the single-story homes.. Morton Parker, 12594 Larchmont. Avenue, commented that he is opposed to having a house in this ar~a that,~-higher than.the' o~h'ers, and if a two- stor~ home is built oh this loltit 'would completely'cut his view..- John Britton, 12535 .Scplly. Avenue, indicated that he ~Duld like to express Tri ' ~ his sympathy of the . pp s cause. He stated that he is n~treally affected by this lot, but he has the same p~oblem wit~ Lot 22. He indicated that he is here to express his opposition to any two-~tory homes in'this area. Dr. Abrams stated that as he sees it, the comments that have .been made deal with the issue of design review itself, and he hasn't heard any dSmments regarding tonight's preliminary discussion. Dr.. Abrams further pointed outI that he would have'a 64-foo~ ~etback f~romlthe'property lin~ to'the rear of his lot. He stated that it is a v~ry deep lot and al'lows considerable dis- tance from the adjacent neighbors. ~ D~!r._Abr~ams 'in~ed Kh~t jn~t~% originalI plan, one of the things Ithle~Pl~n~Commis~i~f~q~i~d~i~that the .... structures built upon these sites t'o produce an environment which is con~. sistent with the area. .From a design standpoint, he sees that this house is in a better p~sitionto meet thiTS requirement than many two-story homes would be. ~r. Abram's felt that it ~ould be ~unfair to deny a zoning'request because of what the neighbors felt. Mr. Ludeman stated that he felt we should pin down the grade differe~nce on this lot. Mayor Smith'was in agreement with M~. Ludeman, and he felt that the test for this would be to go out and view the site. Councilman Dwyer stated that,~in hiS~jddgement,'[he question0f~ visual. impact does have an importance here~and in~anyd~sign review ma~ter, and it isdifficult to get the actual picture without going odt and ~!ooking at the lot. i. Councilman Kraus made themoti0n thai this matter be adjourned to Tuesday evening. Councilman Dwyer seconded'the motion and it'was carried. The suggestion was made that a' fieldLtrip be=arr~nged op Saturday,- December 9, whereby the Council and certain members of the staff could go out and actually view the subject p~opprt~, This suggestion was agreeable to those involved. VI. ADMINISTRATIVE MATTERS A. . MAYOR 1. 'Announced tqS[~t~'~l~Commis~i~'~b~i~'hearing on D~cember 7',% Cu c ~ r9'72.Tegard{~g the ~ffP~id~O[d~i~d~7 .... ~'~ ~' ~ ~ 2. ~nounced that he and the City Manager would attend San Jos~'s City ~Council Meeting next Monday to discuss the impact on the Cfty of Saratoga and the County regarding airpor. t~expansiono 3. Announced that Mayor's Newsletter would be co~i'ng.out in approximately one week, -4 - B. FINANCE 1. Payment of Claims - It was moved by COuncilman Diridon and seconded by Councilman Dwyer that the list of disbursements be approved and the Mayor be authorized to sign the~warrant~. The motion was carried. C. COUNCIL AND COMMISSION REPORTS 1. Village Development Study - It was suggested that this matter be set forjdiscussion at a future study session. This was agreeable to the Council and to Mr..Willys Peck. D. DEPARTMENT HEADS AND OFFICERS E. CITYMANAGER 1. Report from the Director of Public Works rec6mmending a temporary suspension of the Pierce Road S~ide Restoration - It was moved by Councilman Dwyer and.seconded by Councilm~n Dir{don'that this suspension be approved. ' 2. Repor. t on Dog C~ntrol Services ' City Manager to!' arran'ge a meeting with the Animal Control Office ~n an attemp~ tq get more concentrated · controls in certain areas. A future report will follow. 3.Traffic,con~r01 signal at Saratoga-Los Gatos Road and.Fruitvale - Installation to take place after July 1973 (before March 1974). VII. COMMUNICATIONS A. WRITTEN 1. Letter from-John F. Mallory, 12258 Kirkdale Ave., Re: Emergency OrdinanCe concerning Sarat0ga-Sunnyvale,Road - Mayor to direct a reply, 2. Letter from Richard and Harriet:Tripp, Rei Abr~ms'~matter - Noted and filed. 3. Letter from Frank E. Crum, 1511ZWillowbrook, San Jose, requesting a certificate to operate a taxicab company in Saratoga - This was referred to staff for a recommendation; a public hearing'will be set for a future' time. : 4. Letter from Richard H. Ludeman Re: Abrams matter .~ Noted and filed. 5. Letter from Ralph L..Ramona pro[esting reZoning of ,peSrgian House property - This will be made a. part of the file bn this matter. B. ORAL VIII. ADJOORNMENT ,. It was moved by Councilman Diridon and Seoonded by Councilman D~yer that the meeting be adjourned to Tuesda , December 12, 1972. The motion was carried. The meeting ~as adjourned at 1~:30 P.M.' Mayor Smith announced that there would ge an ,Executive Session to discuss personnel matters following tonight's meeting. espectfull -s~b~itted, ·: , · . : .~: . . ". '~' ' ~ Cit :~ ~.~ , . - 5 -