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HomeMy WebLinkAbout11-16-1977 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, November 16, 1977 - 7:30 P.M. PLACE: Saratoga City Council Chambers, 13777 Fruitvale Ave., Saratoga, Calif. TYPE: Regular Meeting ~? I. ORGANIZATION · A. ROLL CALL Present: Councilmen~K~us, Corr, Bridges Absent: Councilmen Brigham, Matteoni (arrived later) B. MINUTES It was moved by Councilwoman Corr ~nd seconded by Councilman Kraus approval of the minutes of November 2, 1977. The motion was carried unanimously. : II. CONSENT CALENDAR A. COMPOSITION OF CONSENT CALENDAR The City Manager requested removal of items 4 and 7 from the Consent Calendar. Councilman Kraus requested removal f, of item 8. This met with the concurrence of the Council. It was moved.'b.y Councilman Kraus and seconded by Councilwoman approval 6f the' Consent Calendar composition, with the exception of items 4, 7 and 8. The motion was carried unanimously. B. ITEMS FOR CONSENT CALENDAR 1. Final Acceptance - a. SDR-1184 Christensen/Cordwood Court (Release of Investment Certificate SDR-1239 Craig/Worden Lane (Release of Certificate of Deposit) 2. Resolution MV-128, Limiting Parking to Two Hours on Certain Portions of State Route 9 (Big Basin Way) between State Route 85 (Saratoga-Sunnyvale Road) and Third Street 3.Ordinance No. 38.81, Amending Chapter 9 of the Saratoga City Code, Entitled "Motor Vehicles and Traffic", by Deleting a Certain Mail Deposit.Zone Designation (Introduction 4. Agreement with System DeVelopment Corporation and the City of Saratoga Re: Solar Energy Demonstration Program for Saratoga Community Library 5. Amendment to Lease Agreement between the City of Saratoga and County of Santa Clara for Branch Library Facilities 6.Acceptance of Gift of Fish for Hakone Gardens from Dr. and Mrs. Moore, Saratoga * 7. Approval in Concept for an Easement for Public Utility Purposes-- E1 QuitoPark * 8. Application to Californka Office of Traffic Safety to Conduct Safety Street Illumination Study 9. Payment of Claims 10. City Clerk's Financial Report 11 .City'Treasurer's Report It was moved by Councilman Kraus and seconded by Councilwoman Corr adoption of the Consent Calendar, with the exception of items 4, 7 and 8. The motioD was carried unanimously. (Councilman Matteoni arrives) C. ITEMS REQUIRING SEPARATE COUNCIL ACTION 4. Agreement with System Development Corporation and the City of Saratoga Re: Solar Energy Demonstration Program for Saratoga Community Library ~ The City Manager explained that in the City's agreement with E.R~D.A. there is a different time frame from that which~is proposed in this agreement. He indicated he is in.the process of amending the agreement with E.R.D.A. It was then moved by CoUncilman Kraus and seconded by Councilwoman Corr to approve the agreement and authorize the Mayor to execute same, subject to working out the date with E.R.D.A. Thelmotion was carried unanimously. 7. Approval in ConceDt for an Easement for Public Utility Purposes - E1 qui[o Park The City Attorney has suggested that in approving the concept of this agreement that the Council also approve the posSi~f~7~4e'~ 0~' P~ ~o~'~d{fi~'~'0~ 'th~ ~ 7' '. ~Cif~' ~ 'leise agreement wit[~eland 'fch~f'Di~[ri~. It was moved by Councilwoman Corr and seconded by Councilman Kraus to approve an easement for public'utility purposes across E1.Quito Park, subject to the above con- dition.. The motion was carried unanimously. 8. Application to California Office of Traffic Safety to Conduct Safety Street Illumination Study Councilman Kraus inquired if this was strictly an investi- gation at this point aslto where the lights would be placed. Mr. Shook, Direct6r of Public Works, replied that this was under study, and the initial question to be determined would be whether in fact there is agreement that the night- time accident history might be reduced by the installation of lights. It was then moved by Councilman Kraus and seconded by Councilwoman Corr approval f6r the Office of Traffic Safety to conduc~ a street illumination study. The motion was carried unanimously. III. BIDS AND CONTRACTS A. AGREEMENT BETWEEN THE CITYOF SARATOGA AND CALIFORNIA STATE DEPARTMENT OF TRANSPORTATION TO LEASE STATE OWNED PROPERTY ADJACENT TO CONGRESS SPRINGS PARK It was moved by Councilman Matteoni and seconded by Councilman Kraus to approve the agreement and authorize the Mayor to execute same. The motion was carried unanimously. IV. PETITIONS, ORDINANCES AND FORMAL RESOLUTIONS A. INITIATIVE PETITION TO AMEND ZONING ORDINANCE TO PROHIBIT THE CONSTRUCTION OF A STADIM~ IN THE CITY The City Manager explained that the options open to the Council pertaining to the initiative measure are: 1) The Council ineroduce the ordinance this evening and consider it for final adoption at its next regular meeting, to become effective within 30 days; or 2) Submit the ordinance without alteration to the voters at the next MunicipallElection on March 7, 1978. Mayor Bridges brought to the Council's attention items of correspondence relating to this issue, from: 1) Ms. Judy Vance, 13636 Athos Place, urging the enact- ment of the "Anti-Stadium Initiative" into law. 2) Mr. and Mrs. Harry Carlson, 19098 Myren Court, urging the'enactment of the "Anti-Stadium Initiative into law. 3) Mr. and Mrs. Calvin Hammack, urging enactment of the "Anti-Stadium Initi&tiVe". 4) Mr. Rudolph Kanne, President, the Good Government Group of Saratoga~ ~ndicating the Board of Directors had endorsed t~e Initiative Petition. The Mayor then invited any citizen comment on this issue. 'i~i~ M6n~a,"~' S~r~f~g~=reside~ laddresSed t~ _Cou~dil ~. . ~ a~d'ln~uire~ {~"th~ 'f~ason=~He'ordinance ~ould not 5~ presented at a special election is because of the wording of the petition. He advised that the Attorney who drafted the Initiative had commented that he felt since the wording of the petition stated "shall be submitted immediately", and did not specify "at a Special Election", this would still hold. He asked that this be clarified. The City Manager commented that he believes this is a matter of interpretation. Further, Section 4011 ~p~akS'to: .... "If it' -is.'si~n~d b~not ~ess'than~10 percent .,. . "'and Seh~io~'4010 speaks ~o~= I{'If'it me~ts' the both criteria "the Council would have the two options'6f adopting it, and it sets the time limit of 10 days or holding a Special Election. Also, there is another section of the Code which speaks to giving the Council the option to set it on the date of the Municipal Election. '- 3 - Initiative Petition Re: Stadi~n (Cont'd.) Vic Monia, a resident of Granite Way, commented that even though the Initiative Petition doesn't ask specifically for a Special Election, this i~ irrelevant, and even if it did, the Code still allows for the Council to choose to go to the next regular election. However, Section 4020 gets around special elections and makes the initiative fall within the time frame of the March 7th election. He commented that he does not believe the fact that you omit "special election" in the petition, that it automatically reverts back to an initiative that qualifies u~der 10 percent; rather, he believes it still ~ualifies under the initiative, ~which has a valid signature count of 15 percent. The City Manager then read directly from the Code, as follows: "If the Initiative Petition is signed by not less than 15 percent of the voters of the City, according to the City Clerk's last official report of regis- tration of the Secretary of State, or in a city of 1,000 or less registered voters the signatures of 25 percent of the voters or 100 voters of the City, whichever is the lesser number, and contains a re- quest, then the legislative body shall either. introduce the ordinance without alteration at the r~gular meeting at which it is rt!~ented and c~dop~' '~ 't~Ye~in~ ~i~h'i~r0'day~fter ~ is presented; or i~ediately order a special election, to be held not less than 74 nor more than 89 days after the date of the order at which theLordinance, without alteration, shall be s~bmitted to a__vote .6~ the voters of the city." Mr. Monia indicated that as a co-director in the initiative drive campaign, he would like to share with the Council some of his experiences while canvassing the co~unity. Mr. Monia stated that the 3,900 signatures obtained represents 23 percent of the registered voters in Saratoga, and this was accomplished in a very short period of time. This strong response 7~6z~e~"their original contention that a vast number of Sar~togans do not want a sports-oriented stadium within their city. Mr. Monia pointed out that in March of this year, 3,722 Saratogans went to the polls and cast ballots for the trustees of the West Valley College Governing Board, and he noted there are more signatures on this petition than votes cast. He stated the reasons for signing are varied -- some are concerned about the additional noise and pollution; some feel there are already sufficient facilities available and we don't need any more brick and mortar, but acadamic improvements; many are concerned about the increased tax burden because of additional road maintenance and traffic control costs; some are afraid of the potential crime element. Mr. Monia reported that in all in one section precinct, there were 'at least 80 percent of the registered voters who signed the initiative, and in many sections the n~ber was as high as 90 and 95 percent. He indicated they a~e ~here tonight to offer this initiative to the Council in the hopes that the Council will see fit to adopt it. Jeff Kalb, 20027 Puente Cou~t, addressed the Council on behalf o~=the Saratoga Coalition for Tax Refo~. He co~ented that he doesn't believe there is any secret about his own personal feelings or those of the taxpaying membership of the Saratoga Coalition with regard to West Valley College and some of the "shenanigans2 they have pulled over the years. 4~- Initiative Petition Re: Stadium (Cont'd.) He further indicated he would like to urge the Council this evening to take action to pass this stadium initiative into law. Mr. Kalb-indicated that he had r~Ceived better than 90 percent response in terms ~f ~igning the pe*tit{o~ on the other side of Cox, away from the stadium. Also, it was the kind of response that said~ !'Enough is enough -'= we really Support what you are doing". Mr. Kalb commented that this issue is not going to go away. Further, he commented he didn't feel the City Council could be neutral or the party in~between, and tee subject of legality is almost immaterial. Mr. Kalb commented 'that he believes the people in Saratoga want the C~unciI to represent them and to move ahead rapidly, expeditiously and forcefully in passing this initiative into law. Mr. Konnyu, 19437 De Havilland Court, addressed the Council. He stated that he speaking'strictly for himself th~s_~vening, and would like to back up what Jeff Kalb has said.~ ~ ask~d~i'~ that the Council* support this initiative and put it i~tBl~w. Shirley Hamby, a resident of Vessing Road, commented that since they came to this area, approximately 14 years ago, they have have noticed a tremendous change in the traffic load in this area. She commented that they are feeling the presence of the College, and also.,. are concerned about their tax dollars and the way they would be used if the stadium were to be built, for the policing and road repairs which would be incurred by the stadium. She urged that the Council seriously consider ~er~_.'~F_'~n~g~this initiative into law this evening. Jeffrey Swartz, 19281 San Marcos Court, addressed the Council. He indicated that he is asking that the Council pass the proposed Initiative Ordinance into law. Mr. Swartz commented that since they originally drafted and circulated the petition, that their actions were consistent with prior actions taken by the City Planning Commission and the Council. Also, they do not see this as something the City is being pushed into. Mr. Swartz advised that this ordinance was endorsed by the Board of Directors of the Wildwood Heights Homeowners AssOciation, the Good Government Group and the Saratoga Coalition for Tax Reform, in addition to their own organization. Also, there were no organizations approached which did not endorse the proposed ordinance. Mr. Swartz commented that he believes that people are interested in more than just this stadium, and that similiar threats that may come up inzthe future to the environment and nature of this city which are covered in that ordinance, are also of concern to the people who signed the petition. He commented that he thinks it is.time the City ~nd the College turne~ to issues that are of mutual benefit,~ rather than ignoring each other or harassing each other. ~! Margaret Dunn, a resident of Douglass Lane, addressed the Council. She'referred 'to a written communication submitted by her husband and herself pertaining to this issue, stating that she had received a note from Senator Smith's office that on August 20th,,~one year ago, the Assembly voted 64 to 0 in ~v~of e~i~l'ha~ing some control over what type of facilities courd~'b~ constructed on school property and enacted legislation - 5 Initiative Petition Re: Stadium (Cont'd.) which required schools for non-classroom facilities to abide by local zoning ordinances. On August 24th, the Senate concurred 29 to 0, and on September 4th, 1976, this bill was approved by the Governor. Mrs. Dunn q~n~i~ed.to'r~er letter into the record, as follows: ' "Much time and effort has been expended by local resi- dents, city officials and staff developing a general plan,. zoning ordinances, and/or land use conditions so that Saratoga would be a low density, residential, open space, rural-type 'community. One 6f the City's responses to an environmental impact on a proposed stadium in Saratoga stated in part: 'It was not and is not nor is it anticipated to be the intention of the City of. Saratoga that its general plan reflect an inter-collegiate sports stadium or similar concept.' .'Therefore, since schools are no longer completely autonomous from local zoning ordinances and if the above statement is still the intention of the City, the only alternative for you is to adopt the amend- ment to the city ordinance." Colonel Barco, resident of Camino Barco, commented that this issue has gone on long enough, and urged that the Council get on with it and get it over with. There being no further d{~c~sion by t~'audi~nc~'~nthis"matter, the,I~ivid~l~.~cil ~b~r~eXp~&ssed their comments Councilman Kraus indicated he would like to set the record straight in reference to the Council's action on'the stadium. He stated that the City Council has never ducked the issue of the stadium.- He further pointed out that one of .the reasons Senator Smith's bill. came into existence was duepaz~i~lly to some members of the Council bringing the item to his attention. Therefore, he believes the Council has faced the issue of the college and the stadium ever since it has been here. However, it is his opinion the use permit is still sacred. Therefore, he would support the Initiative and introduce the ordinance for further consideration of the Council. Councilman Matteoni indicated he frankly'has some reservations ~rtichfarly iH 't'~S'~ 8f' ~p~iH~' 0~d{~'~ '~' i~'t{a'ti~e or_ ' ~fo~o~ing them '{n jnchangeabl~= ia~uage ~ the Cb~c~. Also he h~'~' r~grV~t~ibn'h'~56~f' ~h'~ rimf tat i6~ j~f-~ a~y ' s eat in~ ~ha~'s gever i~nd the traC~facf~it~'~e c~ented ~hat~he~doe~n"[_f~et'it is"a~o~riat~ to_~peh~ 6he'moHey 6n fact the~-issue~b'u!~i~be likely to end up in court. Councilwoman Corr commented that she has ~alked to several people who had indicated they felt this ~s~e bhould be placed on the March ballot. Mrs. Corr indicated, however, that she is concerned with the fourth issue listed under the initiative which states that "No part of this ordinance may be amended or repealed, except by the voters of the City of Saratoga at a regular municipal election.!' Therefore, she indicated she would like to see the initiative voted upon by the people. Initiative Petition Re: Stadium (Cont'd.) Mayor Bridgesindicated that since he has been on the Council, the Council has consistently opposed efforts by Junior College Board to expand their operations in any field beyond that which was interpret&.~ to be under the use permit~ He further commented that he does..not want to be in the position of wasting the resources, either o£ the people who support the initiative or the City o'f Saratoga,~p~rti~f~rly:i~~ th~'form~'~ff time, which an election would in~.oI~e. 'Th~re£or~/he wodld f~vor introducing the ordinance this evening, and consider for adoption at the next regular mee. ting of the Council. It was then moved by Councilman Kraus and seconded by Councilman.'_.' ~tteoni to introduce the ordinance approving the Initiative Petition Amending the Zoning Ordinance to Prohibit Construction of a Stadium, ~d~t~o'~{~e'~h~. ~ead{~g'~f th~'or~i~n~c~. The 'mo~i0n'wa~'C~rr~ed_3 to 1, Councilwoman Corr in opposition. B. RESOLUTION MV-127 A RESOLUTION PROHIBITING S~OPPING, STANDING OR PARKING ON GERALD ZAPPELLI COURT It was moved by Councilman Kraus and seconded by Councilman Matteoni to adopt Resoluti6nMV-127. The motion was carried unanimously. V. SUBDIVISIONS, BUILDING SITES, ZONING REQUESTS A.. STORM DRAIN REIMBURSEMENT - TRACT 5991, BILLAWALA/MC COY AVE. It is the staff's recommendation that the Council authorize an immediate reimbursement.to the developer at the time of acceptance of these improvements, in the amount of $20,280~ The developer has already received a fee credit of $5,250; therefore, the balance recommended to be paid at this time is $15,030. It was moved by Councilman Kraus and seconded by Councilman Matteoni approval of the storm drain reimbursement for Tract 5991, in the amount of $15,.030. The motion was carried unanimously. " VI. PUBLIC HEARINGS A. CONSIDERATiON~OF APPEAL OF PLANNING COMMISSION DENIAL OF VARIANCE TO ALLOW AN ll-FOOT REARYARD SETBACK FOR AN ADDITION TO BE CONSTRUCTED AT TttE RESIDENCE LOCATED AT 12931 BRANDYWINE COURT PALLE NIMB (Cont'd.. 11/2/7~) Mr. Van Duyn, Planning Director, presen~d'.a ~nmm~ya6f this appeal. He explained that this inv01V~s ~14-fdo~"eXtension for a playroom addition back into the 25-foot*re~y~_r~etpack area. He indicated that the Planfling Commission reviewed t~is matter at its October 12th publicjhearing and unanimously denied the requested variance, inasmuch as the site does have an alternate location for the proposed addition, and the Commission was opposed to extending this particular building addition one foot from the side property line on an already-existing non-conforming structure. ~ Palle Nimb (Cont'd.) The Mayor opened the public hearing at 8:44 P.M. Palle Nimb, 12931 Brandywine Court, addressed the Council. He pointed out that the proposed addition to the existing garage is not going to change the aesthetic quality -- if any~ thing, it is going to improve it. Also, the addition would not be a fire hazard in any way, and there has not been disapproval from any of the neighbors. Mr. Nimb indicated the reason he would like to build this addition is that he has children -- one in junior high school and one in sixth grade -- and in the near future, he can see that it would be nice to have a play room or game room. He indicated that in the back there is a creek running through, so there is a good distance between where the addition would end and the area of the neighbor in back. He indicated that the neighbors to his rightshave nqt disapproved of this project, and they have known about it for half a year. He further indicated that he has had Flood Controrout to look at this, and all they would require is that he'either cut off one foot in the corner or make the addition one foot more narrow. Mr. Nimb commented that when the Planning Commission made its decision, it was mentioned that the main reason for not granting the variance was because it had already been recorded that unless there is a special permit or variance from the start, you can no longer add on to it. He stated that if this was the case, he believes he should have been informed from the start. He asked that the Council reconsider this matter, and grant the appeal.. Dale Paape, architect, indicated that the addition was designed with the idea of being unobtrusive, and would be much more so than if it were to come off the side. Councilman Kraus inquired if there is a reason, besides aesthetics, why this addition should be on the back of the garage. Mr. Paape replied that cost wouldbe affected, and this would be a very inexpensive structure, in that he would just continue. with the existing theme. Additionally, there are no neighbors directly behind the garage.who would be looking onto this additioh. It was then moved byCouncilman Kraus and seconded by Councilwoman Corr the public hearing be closed. The motion was carried; the public hearing was closed at 8:52 P.M. Councilwoman Corr hommented that it appears if this addition were moved out to the side, it would run into the creek easement. Councilman Matteoni i~dicated he also was concerned with the sideyard setback, due to its narrowness, and. he would like to go out and look at the rear situation. He felt that possibly, in this case, the creek right-of-way provides some additional setback on the boundary line of the property. The matter was, therefore,~continued to the next regular meeting to allow the Council an opportunity to make an on-site inspection of this property. Recess and Reconvene 8 - B. THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 - FOURTH YEAR PROGRAM (Cont'd. 11/2/77) The Mayor noted~l-tems of correspondence pertaining to this hearing, as follows: Mrs. Mildred Gordon,'Chairman, Social Needs Assessment Task Force, Re:(~f~n~unds which have been set aside for senior citizen h6usi'ng. Mrs. Alice Miller, 14600 Wild O~k Way, supporting the Housing and Community Development Act of 1974 - Fourth Year Program. Ms. Marjory Bunyard, President, American Association of University Women, supporting the City's Housing and Community Development Program. "M~s .i~Vesta HU~i'~f~s~j[>~o~'~dhai~7'League of Women Voters i= ~upp~it_~g.~tn~-'~Ian--a~i~ned~ ...... ~ .... The Mayor opened the public hearing on this matter at 9:29 P.M. There being no comments from members in the audience, it was moved by Councilman Kraus and seconded by Councilman Matteoni the public hearing be closed. The motion was carried. The public hearing was closed at 9:30 P.M. May~r Bridges commented that he would have a problem with item number 5 of the proposed program, which is: ASSESSMENT OF NEED FOR A SARATOGA SENIOR NEIGHBORHOOD CENTER AND NUTRITION SITE. It was his feeling this would result in an expensive program, and that funding which is currently received from the County could disappear by degrees, depending upon the demands that are created, and the City could find itself in the position of having to fund it out of property tax. Councilwoman Corr commented that she would hate to see this program dropped altogether, but feels the City should keep it in mind. Following some discussion on this item, it was suggested by the City Attorney to delete from item 5 the words "and nutrition site", indicating in the amount column the word "deferred". It was moved by Councilwoman. Corr and seconded by Councilman Kraus to adopt the Housing and Community Development Act Fourth Year Program, as outlined, with the modification to item 5 as ~eed fo~ ~I ~ra~Sg~S~ni~r 'Neighbo~ho6~'Ce~r at a future date. Th~ motion Wa~carri~dlUnanlmously7' ~ C. CONSIDERATION OF PROPOSED AMENDMENT TO THE CITY OF SARATOGA'S ZONING ORDINANCE NS-3, RELATING TO PLANNED RESIDENTIAL DEVELOP- MENTS AS A CONDITIONAL USE WITHIN AREAS DESIGNATED "PD" ON THE LATEST ADOPTED GENERAL PLAN Mr. Van Duyn, Planning Director, indicated this draft ordinance was approved by the City Planning Commission on October 12th. He explained that one of the principal objectives of the ordinance is the encouragement of development for multiple units specifi- cally to house senior citizens. =9 - Ordinance NS-3=37'(Cont'd.) Further, he explained that this ordinance provides not only housing alternatives for seniors, but multiple housing alter- natives for sites specifically designated as Planned Development sites, per the 1974 adopted General Plan. The Mayor opened the public hearing at 9:48 P.M. Jerry LOhr, 18755 Montewood Drive, addressed the Council. He commented that he believes .there was little participation by the public at the Planning Commission level because in the past they have been against what they perceived such an ordinance might produce, and now, the public is either apathetic or sympathetic. He indicated he would like to encourage the Council to pass this proposed ordinance as quickly as possible. Mr. Eohr stated that construction costs are going up very rapidly, and the availability of land is decreasing so rapidly in the city. He indicated they have seen $14 to $42 a yard, and shakes from $21 to $73 per square; therefore, i~__~S. going to make it very difficult for anyone to provide th~!~!ndi~,f~. housing that is perceived in the city. Mr. Lohr requested the Council permit him to read two paragraphs from the Wall Street Journal~ dated November 16~h: "More than 15~ million people live alone and account for 21 percent.. of all the households in the country, up from 17 percent 7 years.ago. ' The Census Bureau says that in the past 7 years the'number of people iivin~ alone gre~ b~' 43' percent, whilStthe'number of "~ households, with both husband and wife, grew by only 6 percent. Widows aceount for 1/3 of all one-person hohseholds~ While the life expectancy of both men and women is rising, women can now expect to live to be 8 years older than her husband was when he died, comparable with 6.7 years in 1960, and 2 years in 1900. Because of the gradual aging of the population,.the Census Bureau says: 'elderly women will outnumber elderly men by 6.5 million by the end of the century."' Mr. Lohr explained that the reason he points out the singles concept here is the fact that Saratoga has no housing for singles. Therefore, he would urge the Coun~l to pass this ordinance so they can buil~ a',~few of the kind of living units he believes many'~Saratogans are going to need in the future. Richard Martin, 13981 Pike Road, indicated he would like to support this ordinance also. Mr. Martin explained that he recently succeeded to the position of Treasurer of the Good Government Group because the previous Treasurer and his wife have too large a home, and had to leave the community. He indicated heis against very exclusive communities of senior citizens, and believes senior citizens should stay in the community where they have always lived. There being no further discussion on this matter, it was moved by Councilman Kraus and seconded by Councilwoman Corr to close the public hearing. The motion was carried; the public hearing was closed at 9:55 P.M. 10 - Ordinance NS-3~37 (Cont'd.) It was then moved by Councilman Kraus and seconded by Councilwoman Corr to introduce Ordinance NS-3.37, appr0ving · the Negative Declaration, and waive the reading of the ordinance. The motion was carried unanimously. D. CONSIDERATION OF PROPOSED AMENDMENT TO THE CITY OF SARATOGA'S ZONING ORDINANCE NS-3, PROVIDING FOR RECREATIONAL (TENNIS) COURTS IN RESIDENTIAL ZONING DISTRICTS Mr. Van Duyn'explained t~at this ordinance is in response to an increasing demand in relation to tennis courts and sports courts of all types in residential zones. The Mayor opened the public hearing on this matter at 10:01 P.M. There being no discussion on the issue at this time, it was moved by Councilman Kraus and seconded by Councilman Matteoni the public hearing be closed. The motion was carried; the public hearing Was closed at 10:01 P.M. It was then moved by Councilman Kraus and seconded by Councilwoman Corr to adoptlOrdinance NS-3.38, approving the Negative Declaration, and waive the reading of the ordinance. The motion was carried unanimously. VII. ADMINISTRATIVE MATTERS A. MAYOR B. COUNCIL AND COMMISSION REPORTS C.~ DEPARTMENT HEADS AND OFFICERS D. CITY MANAGER 1. Report Re: 1978 Municipal Election It was moved by Councilman Kraus and seconded by Councilman Matteoni thatl.ith~_City ~7i~ h~fit'fr~Q~'cbarg~t~e~ca~di'd~t~ Y6~'-- ' ~Y~,_"~"aIfd' h~iri~~ 'C'a~di~'at~~ ~ ~ate~ent ~f ~h~i, fications; 2) limit the number of words on the Statement of Qualifications to 200; and 3) not to accept rebuttal arguments in connection with City initiative, referendum and general measures. The motion was carried unanimously. 2. R~uest to AdVertise for Bi~s for Additional Ba~ at ~' City Corporation Yards It was moved by Councilman Kraus and seconded by Councilman Matteoni the staff be authorized to advertise for bids for this project. The motion was carried unanimously. 3. Problem Re: Tennis Court on 15175 Via Colina (Perrucci) It was moved by Councilman Kraus and seconded by Councilwoman Corr the City Attorney be directed to take legal action concerning this matter. The motion was carried unanimously. - 11 4. New Post Office Facility It was moved by Councilman Kraus and seconded by Councilwoman Corr to..fSr~letter of concurrence of ~he general para- meters of the search area under consideration, emphasizing that the City Council would prefer to have the Post Office remain in the Village, if at all possible, and indicate opposition to any consideration of the site adjacent to the Library on city-owned property. The motion was carried unanimously. 5. Cancellation of Committee of the Whole Meeting on November 22nd The Council approved cancellation of this meeting. 6. Northwest Saratoga Circulation Element The Council agreed to schedule a Special Workshop Meeting on Tuesday, November 29th, to discuss this issue. VIII. COMMUNICATIONS A. WRITTEN 1. Mrs. Sue Jennings, 14955 Sobey Road, urging the Council to approve keeping the Sobey Meadows trail open. - Noted and filed; letter to be considered during public hearing on December 7, 1977. 2. Mr. Dennis Brockway, Real Estate Broker, concerning the denial of his business license. The City Manager explained that the form outlining home occupations which was passed out to Mr. Brockway did not include the restriction. that "Real estate operations out of homes are illegal." On the basis of not seeing this item, Mr. Brockway made arrangements to operate his real estate business out of his home. Following consideration of this matter by the Council, it was moved by Councilman Kraus and seconded by Councilwoman Corr to direct a letter of apology to Mr. Brockway concerning this mishap, and return the $17.50 paid for his business license. The motion was carried unanimously. 3. Mr. and Mrs. Anthony Lawrence, 20620 Lomita Avenue, petitioning the City Council to grant an exception t6 the City's building permit requirement. Following considerable discussion by the Council, as well as the applicant, on this matter, it was the-!concensus of the CounCil to not waive the fees or the requirement of obtaining a.building permit for this addition. 4. Additional Letters Re: Sobey Meadows Pathway: Mr. and Mrs.. Ron Hills, 18588 Woodbank Way Mr. and Mrs. Gary Vollrath, 14033 Chester Avenue Mr. and Mrs.~C. E. Bradley, 18640 Ravenwood Drive These communications will be considered during the public hearing on December 7, 1977. 12 B. ORAL C. ACKNOWLEDGEMENT OF PUBLIC GROUP REPRESENTATIVES The Mayor acknowledged the presence of publid group representa- tives, as follows: Jeff Kalb, President, Saratoga Coalition for Tax Reform Nick Frank, President, West Valley Taxpayers and Environment Association Lynn Belanger, Chairman, Saratoga Planning Commission Eugene Zambetti, Saratoga Planning Commission Richard M~rtin, Good Government Group IX. ADJOURNmeNT It was moved by Councilwoman Corr and seconded by Councilman Kraus the'~eeting be adjourned. The motion was carried; the meeting was adjourned at 10:50 P.M. 13 -