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HomeMy WebLinkAbout10-20-1976 City Council Minutes MINUTES SARATOG~ CITY COUNCIL TIME: Wednesday, October 20, 1976 - 7:30 P.M. PLACE: Saratoga City Council Chambers, 13777 Fruitvale Ave., Saratoga, Calif. TYPE: Regular Meeting I. ORGANIZATION A. ROLL CALL Present: Councilmen Kraus, C0rr, Matteoni, Bridges Absent: Councilman Brigham B. MINUTES None. C.OATH OF OFFICE - PARKS AND RECREATION COMMISSION The City Clerk administered the Oath of Office to Edward Gomersall and David Wyand, who have been selected to fill terms on the Parks and Recreation Commission to August, 1977. II. CONSENTICALENDAR A. COMPOSITION OF CONSENT CALENDAR It was moved by Councilman Kraus and seconded by Councilwoman Corr to approve the Consent Calendar Composition. The motion was carried unanimously. B. ITEMS FOR CONSENT CALENDAR 1. Final Acceptance. a) Tract 4826 - Saratoga Foothills Development Corp., Glasgow Drive (Adopt Resolution 36-B-164) b) Tract 4886 - Saratoga Foothills DeVelopment Corp., Verde Moor Court (Adopt Resolution 36-B-165) c) Tract 4887I- Saratoga Foothills Development Corp., Hillmoor DriveI (Adopt Resolution 36-B-166 d) Tract 5135 - Saratoga Foothills Development Corp., Wardell Road (Adopt Resolution 36-B-167) e) Tract 5377 - Saratoga Foothills Development Corp., Sixth and Big Basin Way (Adopt Resolution 36-B-168) f) SDR-1073 - James Rodriquez, Woodbank Way 2. Construction Acceptance a) SDR-1126 - Saratoga 'Foothills Development Corp., Gordon Ct. b) Tract 4742 - Saratoga Foothills Development Corp., Michaels Drive c) Tract 5256 - Saratoga Foothills Development Corp., Sevilla Lane d) Tract 5676 - Saratoga Foothills Development Corp., Marion Rd. 3. Payment of Claims 4. City Treasurer's Report 5. City Clerk's Financial Report. It was moved by Councilman.Kraus and seconded by Councilwoman Corr adoption of the Consent Calendar. The motion was carried. unanimously. III. BIDS AND CONTRACTS A.AGREEMENT BETWEEN CITY OF SARATOGA AND COUNTY OF SANTA CLARA FOR EMERGENCY PREPAREDNESS SERVICES -' It was moved by Councilman Kraus and seconded by Councilman Matteoni to approve this agreement, and authorize the Mayor to execute same. The motion Was carried unanimously. B. AUTHORIZATION TO PURCHASE PUBLIC WORKS EQUIPMENT - LOADER It was moved by CouncilmanKraus and seconded byCouncilwoman Corr the staff be authorized to purchase the~_~e_~'~ at $32,500, with a trade-i~ of $7,500,. for a net~f'$'2'5 000. The motion was'carried unanimously. C. REQUEST'~ROM GEORGE WIGHTMAN TO BE RELEASED FROM CERTAIN CROP ~'~ AGREEMENTS It was moved.by CoUncilmaniKraus and seconded by CounCilman Matteoni approval tO release Mr. Wightman from the crop agreement for maintenance of the Kevin Moran Park area, as well as the Central Park area adjacent'to City Hall. The motion was carried unanimously. IV. PETITIONS, ORDINANCES AND RESOLUTIONS A. ORDINANCE NS-3-ZC-76.(Second Reading) Consideration of ApplicatiOn by Sarato a F6othills Development Corporation for Change of Zonin~ from ~A" (A~ricultural) to "R-l-10,000" (Single-Family Residential, MedlumiDe~Sity) for the 4.456-Acre Parcel onSaratoga Avenue (APN 386-14-]_5) (Cont'd. 10/6) ~ ..... Councilwoman Corr reCa'ii~"~th~'e'~i~'cuS's~ol~t t~"P'~ D'~n~ommission ~'d~el~]n'~nt in senior citizen housing, and indicated she would move adoption of Ordinance~NS-3-ZC-76, with this thought in mind. Councilman Kraus seconded the motion, and it was carried unani- mously. B. CONSIDERATION OF APPEAL BY ~'~IN OAKS HOMEOWNERS ASSOCIATION RE: PLANNING COMMISSION DECISION REGARDING REMOVAL OF FOUR (4) WALNUT TREES ADJACENT TO THE TOWNHOUSE COMPLEX AT 14613 OAK STREET (Cont'd. 9/15 and 10/6) The City Manager recommended that the Council indicate its intent concerning how it would li~e to proceed on this appeal. Mayor Bridges commented that it was his feeling these trees are very important to the homeowners who live in these condominiums; however, he felt the equities of the situation ~-are that it should not be the responsibility of the Parking District to Appeal by Twin Oaks Homeowners AsSociation (Cont'd.) provide the saving of these trees in order to facilitate their staying there. He further indicated he would object to 5-year period, b~t rather,~would act to grant the appeal with a 3-year time limit, and h& felt it should be the responsibility of those filing the appeal~to provid&~this maintenance. Councilman Kraus indicated=hewould be willing to allow the trees to remain, as long as they do not interfere with the Parking District, and he would agree that the homeowners should be required to maintain the trees. Mr. Berchacci, 14613 Oak .Street, addressed the Council, indicating that the Parking District and the builder had an arrangement for boxing the trees. He commented that since the time he moved into the condominium, Parking District No. 2 approached him to pay for boxing of the trees; however, the Parking District did not approach the builder. Mr.' Berchacci indicated that he approached the builder, who indicated'he would pay for the labor and material for boxing of the trees. It was moved by Mayor Brid~es'and seconded~by Councklwoman Corr to grant the appeal~o'~leave the trees, providing the con- do~minium~_awners' b~ ~on_sib le' ~or ~oXing an~ trimming the staff be directed to-prepare an appropriate agreement to cover a period of 3 years, and this agreement be conSideredf ~fg~__~__~f~ic'a~'i~h'B~ ~"C~U~cil in 30 ,d~s'.'T T~'mo~iOn Was carri~d"~nimously/ C. PETITION RE: NOISE CAUSED BYMOTORBIKES IN THE PIERCE ROAD AREA Mr. Upson, the Ci~y's Code EnforCement Officer, requested this matter be put forward on the agenda until ~he petitioners a~rive and are given an 'Opportunity to comment. D. RESOLUTION NO. 793 ~' Resolution Providing the Issuance-of $1,200,000 PrinciDal Amount of '%City of Saratoga 1976 Library Bonds": Prescribing ~he Date · and Form of Said Bonds and of the Coupons to be AttaChed Thereto , a.nd. Prescribing the Maturities Thereof and the Redemption Pro- v~s~ons Therefor: Fixing the Maximum Rate of Interest on Said Bonds: Authorizing the Execution of Said Bonds and Coupons: Providing for the Levy of a Tax to Pay the Principal of and Interest Thereon: and DireCting Notice of Sale of Said Bonds to b~ Given Mr. Jim Gibbs of Bartel Wells Associates, municipal financial consultants who are working on this program, addressed the Council and presented a brief explanation of'the'_of'~i~{~t~ ~_~'at~me~- prepared by thei~ office. ~ ...... It was then moved by Councilman Kraus and seconded by Council- woman Corr to adopt Resolution 793. The motion was carried unanimously. E. MINUTE RESOLUTION DESIGNATING CITY MANAGERAS OFFICIAL CITY REPRESENTATIVE OF THE CITY COUNCIL AT BID OPENING It was moved by Co.uncilman Kraus and seconded by Councilwoman Corr the City Manager be designated as the official City repre- sentative of the City Council for~eceiving and opening sealed proposals for sale of bond~ on November 17, 1976. The motion was carried unanimously. F. MINUTE RESOLUTION APPROVING OFFICIAL STATEMENT FOR SALE OF LIBRARY BONDS It was moved by CoUncilman:Kraus and seconded by Councilwoman Corr the Council apDrove the official statement prepared by Bartie Wells Associates for sale of the l~brary bondsli~"~'i~ ..... ~. ~-e~e'ar"~n=d~f~'th~"~tI is. the City's inteDtion.~ o'~s~the~= ~ I-.V=- --SUBDI. V~iSiONS~-~BUiLD~NG-S~TES-~ND ZONING~REQUES{S-- VI. PUBLIC HEARINGS A. CONSIDERATION OF PROPOSED QRDINANCE NS-3.35, AN ORDINANCE OF THE CITY OF SARATOGA AMENDING ORDINANCE NS-3, THE ZONING ORDINANCE, BY A}{ENDING. SECTION 7.2 TIIEREOF RELATING TO PEP~ITTED USES WITHIN CO~,IERCIAL DISTRICTS DRIVe-UP SALES AND/OR SERVICE FACILITIES (Second Reading)I The City Manager indicated ~he had no additional con~nents on this matter. He brought to the Council's attention items of correspondence received since the Octobe=.6th meeting:. A.E. Passovoy, Assistant Vice President, ~lanning and Construction, Security Pacific National Bank, requesting a specific appeal on ~the conditions' of building site approval. Donald Valencia, retail store owner, 14567 Big Basin WaX, expressipg opposition to drive-up facilities in the Village The~Mayor then opened the p~blic hearing at 8:20 P-.M. Phil Strong, owner of E1 Marie's Fashions on Big Basin Way, addressed the~Counci!. Mr.! Strong commented that he sDoke li.n f..I Cb ci i Meet ing, and s{Hce'~h'~ ~l~'~,~h~fo~'~h~e~'~r~se~f'~h~elr merchants in the Village who are also in support of the ordinance. He commented that it wouldbe ;his hope the bank might reach a compromise in making the propose~ drive-up window a walk-uD window. Mr. Pass~oy, representing Security Pacifiq Bank, addressed the Council, commenting that for the past 2~ years, they have been involved in an investigation of the feasibility of developing' a branch bank facility in the City of Saratoga. He indicated that the Survey Department ~j.te~i~'g~"~h~ nee~ in any given. community for a branch banking facifi~]'~Che data is Compiled ~o and submitted to the controller of the currency, and a permit is' issued. He stated that it need~'to be proven: 1) the bank does serve the community; 2) there is 'a need for ~he facility; 3) it will not impose h~rm on any other branch facility. Mr. Pass~voy further commented that a member from the bank's real estate department wen~ to the Planning Commission to find out what the restrictions ~ere in Saratoga against a~full- service banking facility. He indicated that Mr. Larry Hendrix of Security Pacific was advised that there were no restrictions on either this bank or the .drive up facilities; therefore, in March, 1975, Security Pacific purchased the'property at Fourth Street and Big Basin Way. At that time, Se&urity Pacific hired an architect, Mr. James Foug, to develop a site plan and a building plan for the bank.i At'this juncture, the bank had -4- Drive-Up Sales/Service Facilities (Cont'd.) expended a considerable amount of time and money. The Dr6- forma~ for this bank necessitated the construction of a'full- service facility -- not only the internal function of that bank, but also the external function. He further indicated they were very mindful of the uniquelcharacter of Saratoga, and their direction to Mr. Foug was to develop a bank that reflected the mood of the community. Mri Pas~voy indicated there are several features about this building which represent a far departure from what they would normally do. He indicated that. the elevation to the eve is 8 feet tall,.and it could very easily fit into any given residential community. He stated they have tried desparately to blend in this building with the surrounding area. Mr. Passeroy continued by stating that after they purchased the property, it was then found the'need to develop a Darking district. He indicated that they have initiated and cooperated to the ut- most degree their participation in the parking district. Mr. Pass~voy indicated that he.mentions this only to point out that in coming to Saratoga, they are trying desparately to be wel- comed as good neighbors, and they will not in any case do any= thing to disrupt the tone, the feeling, the atmosphere or life- style of Saratoga. Mr. Passgvoy commented that approximately'3 months ago, the issue of a res~lutlon on behalf of the Planning Commission developed, whereby all drive-Up facilities would be eliminated in Saratoga. He stated that they do notifeel there were any pending appli- cations before'thePlanning Commission at that time other than this bank. Mr. PassDvOy commented that ~he objection has been raised also: "Why not a walk-up.facility?" He explained that the bank is providing a walk-up facility, as well as a night depository, and these are external services. He further commented that they do not plan to have neon signs or to produce smog~ He stated that they have made a rather conciliatory offer to the Planning Commission, and are willing to put a substantial sum on the line. He indicated that they wouId be willing to remove this facility out if it could be proven that they are causing any disruption to the life quality of Saratoga, and this would be talking in terms of $60,000. Ite indic'ated they would have no objections to any formula which is fai~, if it can be proven that they will in fact cause a hazard to~the people of Saratogal He commented that they havel agreed to every request that the planning commission has made, with 2 exceptions: 1) the requirement that ~hey join the Parking District - Mr. Pass~voy stated he felt they are being asked to agree to something in ,hich an agreement has not been formulated as yet. HOwever, he stated they would go on record as stating that in principal they would join the Parking District and would contribute the major portion toward the formation of that parking district. 2) With regard to the condition that no drive-up facility be incorporated into imDrovements under this site aDDroval, Mr. Pass6~oy commented ~hat the service the bank wi~hes to provide its customers to maintain a competitive posture in Saratoga.requires that they do have this drive-up facility. He indicated it is going to be hidden from the street as it is in the rear of the building. Also, they are talking about 13 transactions per hour at the peak load, and in 10 years from now. - 5 - Drive-Up Sales/ServiCe Facilities, (Cont'd.) Mr. Passeroy stated there 'is a need by many people for a - drive-up facility. He ind~icated he would like to answer any questions concerning this matter. Councilman Matteoni commented that he t'hought he had read in one of Mr. Pass~voy's letters the thought that if there is going to be a prohibition, it would be best to have a.prohibition across the board so that everyone is treated equally. However, he had heard I~r. Pass%voy this evening describe a situation of the Cupertino ordinaDce.regarding a use permit so that it can be determined on a site-by-site type analysis. He asked .if Mr. Passo.voy could ~e~oncile these two thoughts. Mr. Pass~oy explained that if an ordinance were passed by the City Council eliminating all drive-up facilities in Saratoga, they certainly Wouldn't be standing before the Council this evening and requesting this ordinance be defeated, and they would not be at a competitive disadvantage. He further stated they have expendeda considerable amount: of time and effort because of the fact that they will be at a competitive dis-' advantage. Also, he commented that he feels there is an element of credability and good faith in their contact with the City. Regarding Cupertino, Mr. Pass~oy stated that the individual application has to be decided on its own merits. He asked the question: "Does in fact a financial institution have a different perspective within the community than a fast-food drive-up restaurant?" Also, "What does a bank contribute to a community?" and "What does a Taco Bell.contribute to a community?" He commented that these are r~ther interesting'questions. Councilman Matteoni asked Mr. Pass~voy if he was saying that the Cupertino ordinance is a use permit for all drive-up facilities that will be analyzed on an application-by-application basis, or {s it related solely to banks having drive-up facilities on a use permit. Mr. Pass~voy repl'ied that ~he ordinance does not relate speci- fically to banks. He further stated that the~ do not feel the bahk up material for.this ordinan ~ has beeh properly substantiated. He stated that the Council has a report from Professor Myronuk;~how~ 'he 'comme~ed'~h~t mer~ pro'pagandi~ing doesn'~ seIl'i't~"~ He felt that all of the negative factors such as smog and carbon ~.m~i~d~fe?%aid out] 'al~ with typical 'site"~Ians~ ~nd-this'" ~%~F'b~HR~dri~e-up'facility. He stated that th~ professor knows nothing about site planning or the rationale for these facilities. It was Mr. Pass~yoy's feeling no one is willing to sit down and understand the mechanics nor the rationale for these facilities, and it boggles his mind how the City can pass a law without thoroughly understanding i~. Mayor Bridges commented that he believes' the right of the City to pass laws in the area of betterment to the community is well established under the law. It was further his feeling that we need to look around at the various communities of Santa Clara County who are dealing wit~ this kind of thing, and it is not necessary to understand banking to decide whether or not drive- up facilities are ,proper within a certain setting in the community. He commented that there is disagreement,. even in the banking community, as to whether they are in fact a competitive edge that Mr. Passovoy believes .they are. Driye-Up Sales/Service Facilities~ (Cont'd.) Mayor Bridges further co nmented that he didn't believe the Planning Commission's intent was to get to Security Pacific's application, but rather, tO c~rrect a situation where the City found it did not have any kind of ordinance on the'books which dealt with this kind of thing. With regardto Mr. Passovoy's going back in time when th~ bank inquired r~garding regul'ations, Mayor Bridges stated this is not a blanket permit toTdo what- ever a developer pleasesr' Councilman Kraus asked if he was correct in understanding that up until June 1st Mr~ Pass0voy was not aware thathe could not have a drive-up facility. Mr~ Passovoy stated this was correct, Further, he stated there is a check sheet which a real estate officer must complete, and in reviewing the information he gathered, the bank was not made aware that there was a prohibition against drive-up facilities, or that the City of Saratoga required a conditional use permit. He indicated this was prior to March, 1975.~ Mr. Passovoy further stated that approximately half of the communities today either do not require a conditional use permit, or they require a conditional use permit -- they examine it on a case-by-case basiS. tie i'ndicated if there is a situation like this, they, would like to kDow about it.1 Councilman Kraus'asked he was correct in his understanding that the first meeting in~which the Security Bank attended in reference to presenting their plans, they were advised by the Planning Commission .that drive-up facilities were not' allowed. Mr. Passovoy indicated this~was correct. He further indicated that at that point,,the bank was working with both the City~z Attorney. and the City Manager toward the formation of the Parkingl~District. He indicated that the site planning to accommodate this required that they reduce the size of their bank from 5,500 square to approximately 4,500 square feet. It also required reduced parking. Mr. Passovoy stated that it is their feeling that a drive-up facility takes the Piece of 14 to 18 parking spaces, and they~don't need the amount"of parking .for their own customers with the drive-up facility. Consequently, they shrunk the site down and devoted their efforts toward cooperating with the City Manager and the City Attorney. In June, they suddenly were presented with a situat±on where they' had to "defend the automobile", which is impossible. Mr. Passlovoy stated that they are here to develop a site with a very pleasing building, andsthey are probably putting more money into this facility, per square foot, than any other facility he knows of in Northern Califor.nia. Mr. Beyer indicated hewould like to clarifythat. the discussions with Mr. Hendrix and,~]~'~were stridtIy relevant to the ~Parking District and ~H~'FLifqger of square feet the building was going to consist of. He indicated he has never talked~ before the issue came up before t~e Planning Commission, with anyone concerning a drivelup window. Further, he'!did-not believe the city staff ever saw any precise plans before they were actually submitted to the Planning Commission in May or June. Mr. Passovoy verified this as correct. Drive-Up Sales/Service Facili~ties!(Cont'd.) Mr. Passovoy commented tha~ if the City were toI exclude the two currentdrive-up facilities in Saratoga, they'wo~ld-have no objections to this ordinance. Also, they-are saying to'the City of Saratoga: "You establish the ground rules that you would like us to live by." Mr. Passovoy advised the Council that they do occasionally close down drive-up facilities, ~nd in every case that they do, it is a case of poor planning --the stacking causes'.a hazard to pedes- trian flow, or stacking on the street causes traffic disruption. Mayor Bridges reviewed the~action at the previous Council Meeting concerning this issue, ~f~d~~that there was a 2 to 2 s~iit vote on the suggestion~g~h~a~'lw~th the ordinance on anything other than financial institutions, and include in the ordinance the conditional use permitsprocess. Councilman Matteoni~'~Fe~i~?~ to"~pp~ the ordinance as it i~'~i-f~[~'~ibie'in~ ~n~n~ dr'iVe-'up facilitiesfor~any use, what effect does the non-conforming use o~dinance have, and because it is housed in a structure would it be allowed to continue fndefinitely. The City Attorney advised that Wells Fargo and First National Bank's drive-up facilities zare co~erCial uses in co~ercial zones. ' -- Councilman'M~tteoni indicated that he agrees ~hat the City has legal difficulty. in precluding what already is existing, and we do have other'provisions~ regarding noneconforming situations that we must apply uniformly as well. He.indicated the other concern he would have is fully understanding the criteria for plugging ina use permit procedure, and he believes there would have to be objective criteria. He~s~H~'~'~ are to allow some to exist'by use 'permit, h~d~'~]u'dg~ w~f is allowed. Mayor Bridges co~ented he would think the staff would have to come back with criteria which would enable the Council to set do~ this criteria. -Councilman Matteoni co~ented that he wished he'could'~ejsDme of these use permit type of ordinances6o better~~h what other coEunities are doing in that regard. However, at the same time, he believes ~Saratoga Is a compact coEunity',' and a facility in the Village is not out of the sphere of compe- tition of something in another shopping center in another area, and felt maybe there should be an overall prohibition. He indicated that he doesn't sere an absolute urgency to this ordinance, and that the CoUncil can deal with the appeal irrespec- tive of the ordinance because of consistency with the General Plan and Village Plan. Mayor Bridges suggested ~ontinuing the public hearing in order to obtain ordinances from the various~surrOunding cities. The City Manager indicatedhe would like to clarify that Cupertino does not have an ordinance.=-- there was a proposed ordinance that went to the CounCil, and.the outcome at the Council level was a resolution passed by the Council which wasa statement of policy. Councilman Matteoni indicated he would ~like to look at Palo Alto's ordinance. Drive-Up. Sales/Service Facilities (Cont'd. Councilwoman Corr indicated she would like to see the drive-up windows completely prohibited from the Village area, and asked if this would be something we could incorporate into the ordinance. The City Manager commented that presently there are co.~nm~_~rci~l zones ih the Village, and he believes the area being.di~hu~$e~ is primarily the C-C district, which is probably the ~8~f'c~n~r~l hensive of all uses in a commercial zone. The City A~torney commente~ that some cities have a core area which they create by precise planning, which is an off-shoot of ~ the General Plan, and it creates a different criteria than what they consider their downtown "core" area of the city. It isn't accomplished by the ZoningiOrdinance. It was moved by Councilman Kraus and seconded by Councilwoman Corr to continue this public hearing to the next regular meeting. The motion.was carried unanimously. IV. PETITIONS, ORDINANCES AND RESOLUTIONS (Cont'd.) C. PETITION RE: NOISE CAUSED BY MOTORBIKES IN THE PIERCE ROAD AREA The City Manager indicated'a petition signed by approximately 90 individuals, along with !a coverletter signed by Mr. Hunziker of Pierce Road,o~i~dic~Cingl~the"p~ob~ems they have been experiencing recently with motorbikes, particularly on private property. They have also submitted an ordinance which ~As~adopted by the City of Monte Sereno which has proved effective there. He explained that one of the practical problems in enforcing the existing ordinance is that either a deputy sheriff or the Code Enforcement Officer has to be present at the time the violation is occuring, and this is difficult. He indicated it would be hfs recommendation the matter be re- ferred to the staff to look at the various alternatives if there are to be ordinance modifications which would assist in this type of problem. Heinrich Hunziker, 13925 Pierce Road, addressed the Council. Mr. Hunziker stated the p~esent ordinance which the City uses has proven ineffective, ~nd. this has been very frustrating for the people who have been annoyed by this motorcycle noise. He stated that it turns' out the Santa Clara County deputies who c~e out to this a~ea don't know anything about the Saratoga Noise Ordinance. Also, the deputies have been ~ontradicting each other concerning their interpretation of the law as far as riding on private roads is concerned~: He felt Monte Sefeno's ordinance has been very'clear and there h~ve been no problems in enforcing it. He indicated that this.ordinancestates that a Dermit is required to ride dirt bikes i~ residential.areas. 'M~. Hunziker felt this ordinance translates the noise level requirement into a simple basis. Joe Philbrick, 13410 Old Oak Way, commented he felt the enforce- ment of such an ordinance i~ going to be rather important, and we will need a re-committment of priorities temDorarily' from the Sheriff's DeDartment. ~j_~'~mmented that this could probably almost pay for i~self in the ~iF~tionS they received, as'the one time the sheriff's department was up there with their motor- cycles they issued 125 citations. Mr. Philbrick indicated he, as well~as other property owners in this area, would be happy to work with the City on any.information they can input-. Petition Re: Motorbikes, Pierce Road (Cont'd. Mr. Philbrick commented that another solution might be to put up barricades, and also post city signs on trespassing. Councilwoman Corr commented it is her understanding that in~0ne of the areas which was privately owned, there was a chain gate across the property, and the sheriff deputies could not enter the area. Bob Johnson, 13~-63 Old OaksWay, responded to this,inquir~,j stating that there have been a number of occasions when the .owner of this property has~.been. willing to remove this chain, and then he puts-it back up. However, when it is locked, the sheriff can't get in. Mr. 'Johnson agreed that enforcement of such an ordinance is-going to continue.to be a problem,-as the sheriff's deputies don't stand a chance when they t~ke their cars up there and try to chase the bikes'. Additionally, he had heard this is doing severe damage to the ears and the~ are not taking them up there. The Council then asked that this matter be referred to the staff for a report back in 30 days. Recess and Reconvene //.' B. CONSIDERATION OF APPEAL BY!DIVIDE~INDUSTRIES, INC. OF PLANNING ' ~_I~ COMM!SSION'S DECISION RELATIVE TO CONDITIONS OF TENTATIVE MAP APPROVAL, SPECIFICALLY CONCERNING BRIDGE CONSTRUCTION AND IMPROVE- MENT ALONG COX AVENUE AND ALONG S~.~ER DRIVE (File SD-1254) 1 'The City Manager explained~that this appeal from Walter Muir honcerns 2 cohditions. of Subdivision Approval by the Planning Commission on September 8, .1976. The public hearing was opened at 10:55 P.M. Due to the absence of Mr. Muir, and the fact there were no comments from the audience at this time, it was moved by Council- man Kraus'and seconded by Councilwoman Corrthe public hearing be continued to the next regular meeting on November 3, 1976. · The motion was carried unanimously. C. THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 -'THIRD PROGRAM YEAR 1) REPORT ON HCDA PROGRAM A,ND PROJECTS TO DATE, INCLUDING A SUMMARY OF FIRST AND SEC'OND-YEAR PROGRAM ACTIVITY, FUNDING ALLOCATION, WORK COMPLETED AND ACTIVITY SCHEDULED FOR FUTURE COMPLETION. 2) PUBLIC RESPONSE, COMMENT'S AND RECO~.~ENDATIONS CONCERNING COMMUNITY DEVELOPMENT ACTIVITY TO DATE AND THIRD-YEAR PROJECTS The City Manager asked that Mr. Stan Carnekie of his office ~ummarize the program tO date, briefly covering what has been completed; what is anticipated this year; and what is proposed for the third-year. program.! Mr. Carnekie addressed the Council. He explained that the Saratoga Community Development plan consists of basically five programs: Demolition of a non-conforming structufe on city- owned property. Mr. Carnekie indicated that the demolition of the Arc~ station was completed during the first program year in 1975 and 1976. The bud- geted amount was $5,000, and the cost of'the demolition - 10 - Housing and Community Development'Act Program Cont'd.) was slightly more than $2,500. This carry-over will be plugged into%the Urban Beautification Program. The Urban BeautificationProgram consists of the Saratoga Histori'cal Park beautification and land- scaping treatment to the Village 'entry, Blaney Plaza, Saratoga-Sunnyvale Road embankment and firehouse planters.. . E1 Quito Park, Phaseill. Progra~'work and accomDlish- mentto date has been the revision of the E1 Quito Park Master~Plan, and pending Council approval of the revised plan, completion is anticipated for E1 Quito byeSeptember, 1977. The Urban Beautification Program and E1 Quito Park will be completed at the end of the second year~ leaving two programs to be completed at the end Of the third year,'which will consummate the first three years of the Housing and Community Development Act. The two re- maining programs are Senior Citizen Housing andthe. Neighborhood Improvement Program. The Mayor opened the public hearing at 10:09 P.M. No persons commented on the proposed program. , . ~I~o continue the public .hearing 'to'No~emb'~f'3',1976'%'Thl~t'{on was 'i d nan mousiy." VlI. ADMINISTRATIVE MA TERS __ A. MAYOR B. COUNCIL AND COMMISSION REPORTS C. DEPARTMENT HEADS AND OFFICERS' D. ciTY MANAGER 1. Request for AuthorizatiOn to Advertise for Bids for Annual Street Striping Program.: It was moved by Councilman Kraus and seconded by Councilman Matteoni the staff be adthorized to adverise for bids on the Annual Street~{~{ng 'P~ogra~/ '~ The motion was carried unanimously ......... 2. ReqUest By Midpeninsula Regional Park District for Cit~'s r~__~ep!e~s~ntati. ye to Aa~i SaK!_CJmmi ttee. ~ .~IY'wa~ 'the' ~c~,~l~,.7 · ~dation'of_the Council_to refer_this matter 'fo the Park~ and~~ '~,Recre~tion Commissio¼ for a specific recommendation to'th~t~" C~un~il?~'~ ........... ~"'~ ' 3. Light Ra~l-Feasability Study -_~It was the eohsensusof 4. Petition for Writ of Mandate - Reported that the Court denied the w~it on all issues presepted. 5. Option to Purchas~ Parcel 2 of Congress Springs Park Site - It was moved by Councilman Kraus and seconded by Councilwoman Corr to authorize the City Attorney to exercise the option to purchase Parcel 2 ofCongress Sprfngs Park, and to"open escrow on said~purchase. The.motion was carried unanimously. VIII. COMMUNICATIONS A. WRITTEN 1. Paul T. McCarty, 20055 Winter Lane, opposing the hire of a crossing guard for Saint Andrews School. - Referred to staff for a report at the next regular City Council Meeting. 2. Taxpayers Unanimous, Hal M. Rogers, seeking funds to hire an attorney to contest the validation suit in the Superior CoUrt, Stockton, instituted by the Black Mountain Resource Conservation District of Santa Clara County. - Noted and filed. 3. Bay Area Air Pollution Control District, Personnel Committee, inviting applications for appointment to m~mbershiD on the District's Advisory Council. Noted and filed. 4. Marjory Bunyard, 12625 Miller Avenue, supporting light rail systems and the scheduling of future meetings on the trans- portation issue. Noted and filed. 5o A. E. Passovoy, Assistant Vice President, Planning and Con- struction, Security Pacific National Bank, requesting an appeal before the City Council .on Planning Commission's decision Re: conditions of tentative map approval (SD-1254) - Set for Dublic hearing on November 3, I976. 6. Donald Valencia, Retail'Store Owner, 14567 Big Basin Way, expressing opposition to drive-uD facilities in the Village. - Noted and filed. B. ORAL C. ACKNOWLEDGEMENT OF PUBLIC GROUP REPRESENTATIVES The Mayor acknowledged the presence of public group representa- tives this evening, as follows: Virginia Laden, Saratoga' Planning Commission Cindy Morris, League of Women Voters Lynn Belanger, Chairman,~ Saratoga Planning.Commission Eunice Stark, Good Government Group Gene Zambetti,. Saratoga Planning Commission IX. ADJOURNMENT ~ It was moved by Councilman Kraus and seconded by Councilwoman Corr the meeting be adjourned to an Executive Session following the Committee of the Whole Meeting! on Octobe~ '26, 1976. The motion was carried unanimously. The meeting was adjqurned at 10:25 P.M. itted City C; ~