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HomeMy WebLinkAbout02-21-1973 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, February 21, 1973 - 7:30 P.~. PLACE: Saratoga City Council Chambers, 13777 Fruitvale Ave., Saratoga, California TYPE: Regular Meeting I. ORGANIZATION A. ROLL CALL Present: Councilmen Bridges, Diridon, Dwyer, Kraus and Smith Absent: None B. MINUTES It was moved by Councilman Dwyer and seconded by Councilman Diridon that the minutes Of February 7 and February 13 be approved. The motion was carried. C.APPOINTMENT OF NORMAN MATTEONI TO PLANNING COMMISSION The City Clerk swore Norman Matteoni into 6'ffice. II. 'BIDS AND CONTRACTS A. REFLECTORIZED PAVEMENT MARKERS ON VAR'IOUS CITY STREETS - J.F. HOURIGAN CO. ~ It was moved by CoUncilman Dwyer and 'seconded by Councilman Kraus that the work be accepted and the Notice of Completion filed. The motion was carried. III. PETITIONS, ORDINANCES AND FORMAL RESOLUTIONS A. ORDINANCE NO. 38.52 - An Ordinance of the City of Saratoga Authorizing an Amendment .to the Contract Between the City of Saratoga and the Board of Administration of the California Public Employees Retirement System It was move by Coun ilman D'ri on anh seconded by Councilman Bridges that ~Ordinance"~o. 38.52cbe~in'~oauce~,_'~h~m~ot~on~as c"~r~ed- B. RESOLUTION NO. 85-9.10 - Resolution Establishing Salaries and Benefits for Departmen~ H~eads of the City ,of Saratoga It was moved by Councilman Kraus and ',seconded by Councilman Bridges that Resolution 85-9.10 be adopteH. The motion was carried. C. ORDINANCE NO. 15-N.2 - An Ordinance of the City of Saratoga' Amending Ordinance 15 Thereof-and Establishing the Salary of the City Manager It was moved by Councilman Dwyer and seconded by Councilman Bridges that Ordinance No. 15-N.2 be adopted. The motion was carried. IV.· SUBDIVISIONS, BUILDING SITES AND ZONING REQUESTS A. ·SDR-932 GEORGE AKERS, EL CAMINO SENDA - 1 LOT It was moved by Councilman Kraus and Zseconded by Councilman Driidon that Resolution SDR-932-2, Granting Final Building Site Approval, be adopted. The motion was carried. B. TRACT NO. 5328 ~ KOSICH CONSTRUCTION1CO., VERDE VISTA LANE - 8 LOTS It was moved by Councilman Bridges and seconded by Councilman Diridon that Resolution SD-iO05-1, Approving Fihal,Map, be adopted. T~ motion,was carried. C, TRACT 5319 SARATOGA FOOTHILLS DEVELOPMENT CORP., SARATOGA AVE. NEAR HERRIMAN Mr. Bernard Turgeon of Saratoga Foothill~ Development Corp. indicated',that he would like to set a five~yej!_rbond' for s possible future part of Herriman that r-~ul'd,'~through th~sls~"~ivis~on. After some discdssion, it was agreed to 'l'~ave""~'e con""~'tlon~"'~in'~'~e"~uti~n!as it is and 't0 review this matter after the Five-Year General Plan Review. It was moved by Codnci~ma~"Bridges abe'seconded by Councilman Diridon Chat Resolution No. SD-98~-1, ApprovinglFinal Map.,.be adopted. The motion was carried. VI. ADMINISTRATIVE MATTERS A. MAYOR 1. Announced the Proclamation Encouraging the Suppor~ of All Citizens Toward the Easter Seal Society for Crippled Children and Adults"Nation-Wid~ Campaign. 2. Advised that ~ letter has been seht to the County Board of Supervisors reaffirming the City's desire to continue the policy~ that urban deyelopment occur. under city jurisdiction. 3. Announced that a meeting has been arranged on March 6th, at 7:30' p.m., wi~h Mr. Giegling, District Traffic Engineer, State Senators Alquist and BradleM, and Assemblyman Haden to discus~ p~iorit'ies with regard to traffi installation at p~oblem intersections. This will be open to the public. B. FINANCE 1. Payment of Claims It was moved by Councilman Dwyer ahd seconded by CouncilmanIBridges that the list of disbursements be approved ~nd the .Mayor be authorized to sign the wa~rents. The motion.was cartled. 2. City Clerk~s Financial Report -Note and file. 3. City Treasurer's Report - Note ands'file. C. COUNCIL AND COMMISSION REPORTS t. Parks and Recreation Commission -ZE1QGito Park Master Plan It was moved by. Councilman Dwyer and seconded by Councilman Kraus tha~. the Counci~ adopt t~hJ E1 Qui~o Park Ma~__~ster PlanC wi~6 d~v~lop~ns9 Cf~r.-Phase I,'and direct ~be Ci~__~ty Manager to.jsk_the_architect top~)geed~ ~;~withf~nal d~~spe~ifi~a'~ons. V. PUBLIC HEARINGS A. OSTERLUND ENTERPRISES (A-407)~- Reconsiderati~n of Application for Final D~sign Review for Construction of Two-Story Homes in Subdivisio~ Located In and Near Intersection of Saratoga and Cox Avenues CityIManager Mr. Beyer explained the~ this appeal'pertains to item "j~' ~n the Design.Review Report, dated JanUary 8, 1973, which states that "No two- sto~y homes are to be allowed" in th~s subdivision. - 2 - Mr. Beyer explained that it had been.the Pl'adn{ng=~st~ff~!s.-ireeon~hendatf~~ ~ha?~of'~~u~6~~o~h'ave this~'~equirem~nt. ~i~ndt--Design--A.~prova't-~sub]d~t't~th~above-cbB'dit~on."~ Mayor Smith opened the public hearing ~at 8:15 p.m. Peter Tiernan, Attorney for the applicant,.~indicated that it was his undel standing that the staff had recommended ~' '~b~t~on,of tw0~sto~ homes~ be imposed on only two of the l~ts, and they wer'~7'~,th~rfore, somewt at taken.back when the proposal was made;to make this a,blanket prohibitlop. ~. Tiernan pointed out ~hat according to section 13.3~I of the Zoning Ordinance, there is no evidence a~d there has been no evidence brought'fol at previous hearings as to ~y a two-Story home does not meet the standards set forth in that section of the Zoning OrdinQnce. He continued by stating that this is probably an invalid ~lassification and asked if by prohibiting h 'as ' '~ ' twosstory omes, r we making+sure that no development ~s ugly or unharmon%ous an ards or monotonous. He stated that this sdction of the Ordinance lays out st d in detail; however, it fails to menti6n two-story homes. ~. Tiednan indicated that it seems very clear to him that Whoever composed this section would Have mentioned two-story homes if it was s~ch an important factor'. He lndl ted that the subject. subdivision as submitted'~o the Design Review CoEittee meets {the . . T' rnan state that it standards of this section of the Zoning 0rdinance. ~ xe d 'would Seem to him that if prohibition/of two-story homes is that significant, it should be ~itten into the 0rdinanqel ~. Tiernan further pointed out that. when a two-story home iS put on a lot, you are able to conserve the space used by the building, thereby contributing to additional open space. He~tated-~hat by limiting thi~ development tO}One- story homes, you are going to limit the development potential, as the demand is 'for two-story homes. Councilman Bridges asked ~. Tiernan '~at sort of split bet~en one-story and two-story homes his client ~ould be agreeable to. ~. Tiernan indicated that ;.~ , 3 g g plor experience, He~would~es~l- Councilman D~er asked if ~t was the.intention of ~. T~ernan~s client to{limit homes a~ the intersections of Saratoga Avenue'Cox Avenue and Palo Oaks CoUrt- Saratoga Avenue to one-story to provide proper sight distance. ~. Tiern4n replied that it was. Robert Van der Toorren of i4555 HorseShoe Drive, sta~ed that it would be ~is recommendation, based on his o~ professional opinion, that if the City e · h s~abl s es ~ its Ordinance a general type limitation of thirty feet and it does not:s=~e p ciE~or three stories, etc., this should be as far a~ the City should' intrude into the professional c~pabil~ties of the architects and engineerS. 4r. Norman~Martin, Planning Commissioner,-stated ~that ~e doesn t feel we should ~t~nd~d~jnea~and~at the people in Saratoga "live" in their b~Ck yards. He indicated that there is no'guarantee that by building two-stor~ homes, there would be a greater distance between neighbors. and that he has seen ~an~~ two-story homes where the side yard iS only increased two feet because thm Zoning Ordinance requires that it be increased by two feet. He stated ~h~t ~he Planning Co~ission tr~es to proyide ~ome protection to owners ~o purchase homes in an area with the assurance that it isnot going tO change. - 3 - The Council discussed briefly the matter of the setback requirement,· and it was determined that they would have the power to change this requirement fo~ the backyard setback only. Mr. Tersini, Vice President of Osterl~nd Enterprises, indicated~that ~he two- story homes which they ~have contemplated building would have much' greater~ than twenty-five foot setbacks, and it would be his desire not to enter into a formal agreement to. restrict this setback, but rather, to have a. mutualI agreement between the design review staff and himself and to work closely with the staff during development of the subdivision The motion was made and seconded that:the public h~aring be cl0s'ed. (8:45 ~.m.) It was' moved by Councilman Bridges. and seconded by Councilman Diridon that this appeal be granted, subject to the following modification of conditions on the Design Review Report: The existing condition·''.'' be stricken and new condition "j" be added, stating that "no two-story homes be onstr cted c u on Cox Avenue"; condition "k" be adde~, stating that "no more than fifty-l percent (50%) of the lots in the existing subdivision be two-~tory; and add condition "1", stating that "setback on two-story homes be no·less than thirty-five (3~) feet"·. The motion was carried. . . · ' B. CONCEPTS WEST, INC. (A-3~7) - Recohsi~eration of Application for Final DeSign. Review to Install Decorative Flame in ~ro~t of · of~Open~Hearth Restaurant The City Manager explained that this appeal is based on the the actions a§ outlined in the letter from Concepts West, dated January 25, 19~3, as_~we. ll as the original Staff Report ~_~n.dt~!~/Pl~ni~ssig~7~l~ute~of Jan~f,~ l~i~7~~."~a~i~. meeting the ~lanning-Commission .denied' t~is C_r~que~t by a 2 -~3 ~ 1 ~te (2 in favor; 3 agai~nd 1 ~stiln~ng The Mayor opened the public,hearing a~ 8:'50 p.m. ~. c. Patrick O'Day of Concepts West, Inc. stated that the reason for this appeal is that certain members of the Planning Commission chose to construe the gas lamp in front of the building, as a sign. H~ indicated that the l~mp sits within fifteen feet of the bJilding and the design is consistept w~th the design of the building;~[Bay~[~-that because o~ its angular design, the building is hard to s~~[~d at night~ and the purpose for this lamp would not be to identify but ~o illuminate. Councilman D~er asked how high this lamp would sit. Mr. O'Day replied that the post is approximately eight feet high. C~uncilman D~er asked. if the~e is a barrier ~ich would keep cars in the parking lot from ~olling into the lamp. ~. O'Day replied that the sidewalk on·which the pole would sit is a six-inch Councilman ~er asked~. O'Day if this lamp would clear the building lf~it were to fall. Mr. O~Day replied that it would and also that any irregularity such as this would automatically shut the flame do~. Councilman D~er moved that the publi~ hearing be closed; Councilman ~auS seconded the motion and it was carried. The hearing was closed at 9:05 p~m. It was moved by Councilman D~er and Seconded by Councilman Diridon that ~h te appeal be granted. The motion was carried, 4 to 1 in favor, Councilman ~aus o~p6sed~ -4 - C. RUTH C. PECK (C-164) ~ Re~one from "RL1-40,000'' to "A" 29.28 Acres o£ Land for InclUsion Under the Williamson Act~ The City Manager indicated that the Council has already taken steps to put this land under the Williamson Act and has authorized.the Mayor to enter into the Land Conservation Contract. He explained that the action to be taken t ht would be to'introduce the ordinance amending the zoning map. The public'b~aring.was opened at 9:10 p.m.o There being no comments from the Codncil or from the audience, it was moved by Councilman Dwyer and seconded by Councilman Bridges that the public b~aring be closed. The public hearing was Closed at 9:15 p.m. The Mayor ordered the introduction 6f Ordinance NS-3-ZC-69, Amending the Zoning Map. D. ANTHONY COCCIARDI (C7165) - Rezone from "R-i-40,000" to "A" 53.45 Acres of Land fo~ Inclusion Under th~ Williamson Act The City Manager indicated that this is similar to the Peck application, and the status is the same. The pubiic hearing was opened at 9:15 p.m. There being no comments, it was moved by Councilman Kraus and seconded by Councilman Bridges that the ~ublic h~aring be closed. The public hearing was closed at 9:17 p.m. The Mayor ordered the introduction 0f Ordinance'NS-3-ZC~70, Amending the Zoning Map. E. PROPOSED SARATOGA AVENUE TRUNK SEWER, UNIT B, SECTION NO. 1 OF COUNTY SANITATION DISTRICT NO. 4, SANTA CLARA COUNTY, CALIFORNIA City Manager Fir. Beyer indicated that the Council has received a report from Mr. Walker, Planning Director, regarding the Environmental Impact Report on this project. He explained that the immediate concern is to begin the first phase of this sewer line construction. The second phase of the project ~Duld be a continuation of Section 1; however, this construction would not be Scheduled until 1) Big Basin Way is'reconstructed by the State Division of Highways and/or 2) Urban development occurs within the area tributary to the Trunk Sewer outside the presentbouhdaries of the Sanitation District No. 4 and its boundaries are expanded to provide sanitary sewer service for the development. Mr. Steve Goodman of .County Sanitation District No. 4 gave a summarization of the Environmental Impact Report, dated February 1, 1973. Mayo~ Smith opened the public hearing at 9:40 p.m. Mr. C. W. Newell, President of Saratoga Landowners Association, stated that he would urge the Council to proceed. with the construction of this project. It was moved by Councilman Bridges and seconded by Councilman Diridon that the public hearing be closed. The public hearing was closed at 9:43 p.m. After some discussion by the Council, it was moved by M~yor Smith and seconded by Councilman Dwyer that the Counci~ support the construction of the proposed 'trunk ~ewer. The motion was carriedl - 5 - , F. BIG BASIN UNDERGROUND UTILITY DISTRICT EXTENSION - Extension of the Underground District for the Purpose of Remodeling the Mobile Station on ~h~ Corner of Saratoga-Los Gatos RoadSand Big Basin Way The City Manager indicated that the p~operty owners are in favor of this extension as it is one of the conditions to get the Mobile Station upgraded and to provide underground utilities.~ The Mayor opened the public hearing at 9:45 p.m. The~e being no comments from the Council or the audience, it was moved by Councilman Kraus and seconded by CounCilman Bridges that the public hearing be closed. The public hearing was c~sed at 9:46 p.m. It was moved by Councilman-Kraus and ~econded by Councilman Dwyer that the extension of the undergrpund district'be approved. The motion was Carried. VI. ADMINISTRATIVE MATTERS (Cont.) D. DEPARTMENT HEADS AND.OFFiCERS .1. Mr. Waiker, Director of Planning Couney..Board~of Supervisors' Resolution No. 67 states that urban development should occur under city jurisdiction and that County programs and polidies should be'consistent with that basic principal. In order to strengthen~thatpolicy, the Board instructed the County Counsel a~d Coun~X Planning'Department to come up/wieh an ordinance E. CITY MANAGER 1. U~ban Service Area Plan Modification - ~l'l~ih'g~~fi~Fnr. C.W. ~_ ~-~ ........ ~ Newell, President of Saratoga'LandownerS,Association and the C~uncil, it was moved by Councilman Dwyer and seconded by Councilman Bridges that the modifi- cations to the Urban Service Plan;"A" be approved. Modifications as follows: 1) S~owing of Peckrand Cocciardi pieces as being in agricultura! preserve and 2) Indicating a portionof Rolling Hills Road area as being in Urban develop- ment and showing the Older Ranch and a portion of Seven Springs Ranch in open space. 2. 911 Emergency Phone Number.- City Manager's reCommenddation, to not take a stand on this until further details have been received from the telephone company regarding cost data. 3. Request from County of Santa Clara Re:-Excess Pr6perty Corner of Pollard · Road and Quito Road - Agreed 'by ~he Council that City would not be ' interested in purchasing this land for park p~rposes.. 4. County Transit System - It was mgved by Mayor Smith and seconded by. Councilman Bridges that the .CityLmove ahead with the 200'County-wide bus system and communicate this recommendation to the'Tran'sportation, with the following points: 1) Move the ti~e frame from five years to two to three years; 2) The San ~ose and Palo Alto systems continue to ~perate at a 40% capacity until this system is at an equal level~ 3) If any additional changes are made in presen[ system, the City be?given the opportunity to reconsider a variation of alocal system. VIL'. COMMUNICATIONS : A. WRITTEN 1. Marcelle.Venator, re: Mr. Guicha~d's requirement to widen his half of the esisting road (SDR, 982) - Note and file. - 6 - 2. Robert E. Corridan, 20045 Glen A~bgr Court, requesting that more effective controls be put on Cox Road to avoid reckless'driving ~ Cit~.Manager advised that he has talked to the Sheriff's Department and t~ey are.doing some spot- checking on Cox. City Manager to respond tO letter. 3. Inez B. Smith, 20568Lomita Aver, offering suggestions pertaining to intersection of Saratoga Ave. an~ Highway 9 at Big Basin Way - This is being referred to the Department!of Public Works for consideration; if additional action necessary, this will be.brought back before.the Council. 4. Mrs. RoberE Hill, President, League of Women Voters,ore: public'trans- portation ~ City Manage~ to respond. 5. Orville Johns,,14531 Horseshoe D~ive, re: water damage to improveme~ns on his property - Note and file. 6. Robert Yeaton, r~que~ting'time at City'Council Meeting to discuss Saratoga Heights Coneervation Corporation,'~ development proposal - Note and file. 7. E. B. Erickson,'Sarato~a LandoWners A~sociation, petitioning.that lands within Saratoga's zone of in£1uehce Be considered .fo~.devetopment upon the basis of the~r.compar~tive'~i~a~ility - No're and' file. 8. Mrs. C. Keith Gordon, President,,American Association of University Women, urging Council to maintain the Fremont-Older property as open space for community pse. - Action regarding modification of Urban Service Area Plan will do this. City Manager ~o respond. 9. Dorothy F. Skow, 13~46 Via Ranchero.Court, expressing support of the adopted urban development and openspace plan draft. - Note and file, 10. Robert Yeat0n, regarding information relating to Senat'e'Bill' 520, with reference to potentially hazardohs fault areas in Saratoga'sSphere of Influence. - Note and file. 11. Robert Yeaton, re: th~ request for approval of their proposal for develop- ment of lands within Saratoga's Sphere of Influence. - Note and file. 12. Donna Austad, President, Brookview'Home' and School Club, urging that the Council look at the traffic situation at two 'of the ~chool~s intersections. This was referred to the Department. of Public Works, and a report to follow. '13. Willys Peck, concerning relocati.on and preservation of an historical building in Saratoga. - Note and file. B. ORAL 1. Robert Yeaton, urging the Council to take ~nother look at Saratoga Heights' development proposa~ before proqeeding with L.A.F.C.O. and indicating that the offers made by the owners of these lands will not be available several months from now. 2. It was suggested by Councilman ~iridon that agresolution of appreciation be drafted and pre~e~ted to Alice Rawak for her years of service to the Brookview Homeowners AsSociation. - This was approved by the Council. VIII. ADJOURNMENT It was moved by Councilman Dwyer and seconded ~by Council~K~that~the meeting be adjourned. Motfon carried. The me~tingwas adjoarn~d~at 11:40 ~;m. ' ~' ~spec fu submitted, eye'~ %C'i6y C~er - 7 -