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HomeMy WebLinkAbout02-15-1978 City Council Minutes MINUTES CITY COUNCIL MEETING TIME: Wednesday, February 15, 1978- 7:30 P.M~ PLACE: Saratoga City Council Chambers, 13777 Fruitvale Ave., Saratoga, Calif. TYPE: Regular Meeting I. ORGANIZATION A. ROLL CALL Present: CounCilmen Brigham, Kraus, Corr, Bridges Absent: Councilman Matteoni B. MINUTES Councilwoman Corr suggested that an amendment b'e'made to page .1 RE: Acceptance of GiftsT- New Library, to reflec[ that the cushions donatedzwere custom made rather than handmade; also to specify that these would be used ~n the f-loor in the children's area. It was then moved by Councilwoman C0rr, seconded by Councilman Kraus the minu~es of February 1, 1978~. be approved as amended. The motion was carried.* II. SPECIAL BUSINESS The.City Clerk administered the-Oath of Office to Richard Rose for his term on the Saratoga Library CommiSsion. Ill. CONSENT CALENDAR A. COMPOSITION OF CONSENT CALENDAR Mayor Bridges requested ~emoval of.item 5 from ~he Consent Calendar, for consideration at the nex~ regular meeting on MarCh 1, 1978. This was acceptable to the remaining members on the Council. It was further suggested the three financial reports be added to the Consent Calendar -- Payment of Claims,.City Cl~rk's Financial Report, City Treasurer's Report. It was then moved by Councilman Br~gham and. seconded by Councilman Kraus the Cons&nt Calendar composition be approved, as amended. The motion was carried unanimously. B. ITEMS FOR ICONSENT CALENDAR 1. Construction AcceptanCe a) Tract 592]'~C~e~t~r,Ave./James Day (Release of Bond) b) Tract 6074, Allendale & Serra Oaks/Osterlund (Release of Bond) 2. Final ACceptance a) SDR-976 Vickery Lane/Morehouse (Release of Certificate) b) SDR-1092' Woodban~.Way/Mairose (Release of Bond) c) SDR-1094 Prospec~ & Miller/Churehi_of Ascension (Release of Bond) d) SDR-1il8 Oriole Road/Johnson (Release of Bond) e) SDR-1124 Mendelsohn Lane/Garcia (Release of Passbook) f) SDR-1126 Gordon Court/Saratoga Foothills Development Corp. (Release of Bond) 3. Final Map Approval - Tract 6199, Regan Lane/Hagan 4. Resolution 85-9.33, A Resolution Amending Resolution 85-9.30 and 85-9, Adding .tO Basic Salary Classes, Employment Position Classifications and Compensation Schedule for Employees of the City of S~ratoga * 5. Resolution ~775-2, A Resolution Amending Resolution No. 775-'1 Establishing the Compensation for the City Manager of the City of Saratoga 6. Pollard'Bridge Maintenance Agreement 7. Payment of Claims 8. City Treasurer's Report 9. City Clerk's Financial RepOrt It was moved by Councilman Brigham and seconded by Councilman approval of the items for the Consent Calendar, with the exception of item 5~~_~d'~t'i~o~_~f'i~m_~Zy~a~n~_-~.~i%= The motion was carried Unanim~sly. ' ..... IV. BIDS AND CONTRACTS A. CROP AGREEMENT FOR FARMING AND MAINTENANCEOF CITY PROPERTY LOCATED AT SARATOGA AND FRUITVALE AVENUES It was moved by Councilman Kraus and seconded by Councilwoman Corr approval of the CropzAgreement'between the City', Mathew Novakovich, Walter Seagraves and William Seagraves.for one crop year. The motion was carried unanimously. B. AGREEMENT WITH JUN R. HATOYAMAAND ASSOCIATES FOR PLANS AND SPECIFICATIONS FOR I~ROVEMENTS AT HAKONE GARDENS Councilman Kraus suggested cont.inuing this item fo-~a~.Committee of the Whole Meeting on February 21st to allow further study of the plans. Th~s was acceptable to the other Council members. Mayor Bridges, therefOre, announced that this item would be agendized for the Committee of the Whole Meeting on February 21st. V. PETITIONS, ORDINANCES AND RESOLUTIONS A. CONSIDERATION OF AMENDMENT OF 1974 GENERAL PLAN CIRCULATION ELEMENT THROUGH ADOPTION OF NORTHWEST SARATOGA CIRCULATION PLAN Mr. Van Duyn reviewed the7Council's previous action concerning the Northwest Circulation Plan,'to adopt Plan 2-A in concept, with the provision that it be referred back to the Planning Commission for review and comment. He reported that the Planning Commission had considered Alternate 2-A as acceptable, provided that the through'access from Prospect to Hillmoor be provided, with a preferende to that connection over the Kreisler Court connection. HoweVer, it was the concensus of the Commission that Alternate 1 was the option that gave them the most comprehensive opportunity for flexibility. He further reported the Commission had requested the Council adopt a policy concerning circulation in this area. The Mayor acknowledged i~ms of correspondence received relevant to this circulation plan, as follows: Edwin H. Shaufler, urging 6he CouncilL~nOt approve in principal a plan which would potentially make Quarry Road a through circulation route without also approving in principal that in order to imple- ment such a plan, Quarry Road would need to be brought up to city standards and dedicated. Russell. L. Crowther, questioning the Council's previous action 'concerning the Circulation Plan. The issue'of the Hillmoore and!Kreisler connections was discussed, and Mr. Van Du~n suggested the Council indicate the connection of Hillmoor, with Kreisler shown as an option. Councilwoman Corr indicated itswas her understandingsthe Council's agreement was I~ ~_~!~sible to ~ut in the Hillmoor connection ~'een"~'hi~'sch~6r'~0~rty ~a'~ developed, that~would be preferable; however, if this were impossible, to open Kreisler until Hillmoor could be opened. Mayor Bridges ~ed6mmended. including in the motion Mr. Shaufler's suggestion that if Quarry Road is to be used as a through road, it be acquired as a city street and brought up to city'standards by the developer. It was moved by Councilwoman Corr and seconded by Councilman Kraus the adoption of Resolution 820.2, amending the Circulation Element of the General Plan by adding a Northwest Circulation Plan, including the following conditions: 1) If Quarry Road is used as a through street, it be required to be brought up to City street standards and dedicated and maintained as a ppblic street; and 2) It is desirable to develop Hillmoor Drive first; if, however, this iS not'possible at the time _ of development of the Fremon~ School District property, the Kreisler Court connection be made. Inherent.within .thistmo"8~on"_~'~is~the~adoption of th~____~ ~,~_~'~D~'~i~ th~s proj ~t, '~'d~Ap_'~i~ 17,' . in opposition.~ B. RESOLUTION..MV-129 Resolution~ DeSignating th~ Intersection of-Beaumont Avenue and Saratoga Vista Court as a Stop Intersection It was moved by Councilman Kraus and seconded by Councilman Brigham Resolution MV-129 be adopted. The motion was carried unanimously. the Saratoga City Code ~y Establishing a Passenger Loading. Zone on Glen Brae Drive It was moved by'Councilman Brigham and seconded by Councilman Kraus Ordinance 38.8~ be introduced,-and the reading waived. The motion was carried unanimously. D. RESOLUTION 399-6 Resolution of the City~Council of the City of Saratoga Calling aPublic Hearing to Determine Whether Public Necessity, Health, Safety or Welfare Requires the Formation of an Underground~UtilityDist~{Ct on the East Side and West Side of Saratoga-Sunnyvale Road between Saratoga Avenue and Reid Lane It was moved byCouncilman Brigham and seconded by Councilman Kraus Resolution 399-6 be'adopted. The motion was carried unanimously. E. RESOLUTIONS842 " A Resolution Of the City Council of the City of Saratoga Commending Don Harris, Retir{ng Building Official It was moved by Councilman ~'~-'j~:and seconded by Council~ unanimously. ~'~ F. ORDINANCE 38.7~-2 An Ordinance 'of the City of Saratoga Am&nding Chapter'. 9 of the Saratoga City Code, which Chap~e~ is Entitled "Motor VehiCles and Traffic" by Modifying. Section 9-203 Relating to Exemptions It was moved by CoUncilman Brigham and seconded by Council- woman Corr Ordihance 38.72-2 be introduced, and the reading waived. The motionwas carried unanimously. VI. SUBDIVISIONS, BUILDING SITES, ZONING REQUESTS A. REQUEST FROM ~NT~ONY COCCIARDt FOR RELEASE OF ~0% OF BONDS FOR TP~CT~5461 Upon the recommendation of the'City Attorney, it was moved by Councilman Kraus_and seconded byeCouncilman Brigham to deny this requeSt.~-The ~oo~io~"~'~i~d~hanimously. VII. PUBLIC HEARINGS' A.' CONSIDERATION OF APPEAL OF PLANNING COMMISSION DENIAL OF USE PERMIT TO ALLOW FOR THE CONSTRUCTION OF A TENNIS COURT IN A "PC" DISTRICT AT 14350 TAOS DRIVE, PER ORDINANCE NS-3, SECTIDN 3..2(h) Mr. Van Duyn, Planning Director., explained that under the provisions of the Recreational Court Ordinanca, areas in- cluded within "PC" districts are requiredto obtain a conditional use permit for consltruction of a tennis court. The Planning Commission reviewed this matter at its last regular meeting, and of main concern to the Commission was the planned community concept on which the property is located. Under this concept, there were designated areas to be held in common with the homeowner's association, ~ith maintenance to be handled under C.C.&R.'.S. He.explained that when this property was subdivided, although it was zoned !'PC", it cam~ as a 4-lot subdivision. The Planning Commission at that time had had' serious doubts about placing this into a common ownership situation when we were only dealing with 4 lots, and it was determined that the area would remain in fee titleto the property owner. Mr. Van Duyn reported that Dr. Fong does meet the 15 percent fencing requirement, as well as necessary setback and land- scaping requirements for the p±oposed tennis court. However, the Planning Commission had felt the common green area .would have been a requirement irrespective of whether or not it is in-Dr. Fong's ownership; therefore, th{s would not enable him to obtain an exception of the inclusion of this area in his measurement of the 15 percent fencing. Further, it was the opinion of the Planning COmmission the tennfs court itself was not a compatible use in aplan~ed community The Mayor opened the public h~aring at 8:47 P.M. Allen Fong, M.D., addressed the Council, sdating that he is the owner of the lot in qpestion. Dr. Fong indicated that there exists currently no law or regulation-forbidding the existance of a tennis court ina planned community. Secondly, he stated he is not setting a precedent in .the planned community as there exists already a tennis court in a planned community at..14100 Taos Drive, 'owned by Sam and Shirley Sells. The measurements of this Court are 118 by 58 square feet, representing approximately 6,844 square feet. The height of fencing around this coUrt.measures 9 feet, except for ~hat fencing which faces the house. Mr. Sell's lot represents approximately ~8~'Tacres, and if you divide th'at into the total square footage~f his cou~t, you come out with approximately 19 percent. A tennis court permit was issued (UP-243) by the Planning Commission. Dr. Fong commented that t~is particular green belt is unique in that he owns it and is.totaIly responsible for its upkeep and maintenance. He stated that the Tax Assessor's map shows the common greens in the rest df the planned community are in joint ownership by at least ~4 property owners, and this is not so in his case. With regard to the noise level!on the tennis court, Dr. Fong advised that he is a Board Certified~yEar Surgeon, and he would challenge anyone in an argument about the noise level from a tennis court. He pointed'out that the decibels of a tennis ball i'~parted from a tennis string does not approach the~noise level of p~ojple diving into swimming ~{~S ~gard to view, Dr. Fong pointed out that very(~ew peopth kno~ 0f the existence of the court at 14100 Taos Dri~e~l'r- it ~s very difficult to see from the street and is quite aesthetically pleasing. He indicated that should his appli- cation be apprOved, he has hired the same contractor and'the same landscaping people that did this court so well. Dr. Fong indicated he has';with him this evening a list of 31 signatures of people supporting him in his application. Also, he has a letter from Mr. Norman Mason who plays regularly on this tennis court. He further pointed out the court at 14100 Taos Drive repre- sents approximately 19 percent of the fencing requirements. Dr. Fong indicated that his proposed court would represent approximately 12.3 percent of his total acreage. If the other 1/3 acre is excluded, using a regulation size tennis court, the percentage of enclosed fencing is 17 percent -- still less than the 19 percent which exists at 14100 Taos Drive. At the request of CouncilWoman Corr, Dr. Fo~g pointed out on the overhead map the l_6~atiOn of those residents who signed the petition in support of the proposed tennis cour=t.- Norma Norton, 19752 Minocqua Court, addressed.'the'Council. She indicated her lot backs up to this 4-1ot. pareel.! Mrs. Norton presented an overhead exhibit indicating in red those owners who object to the tennis court, and in green the common green areas. Also, she presented a letter from Mr.- Schm~l~'~e~ of this area, which she proceeded to read into the record: "We wish to present opr protest to the constructi6n' of a tennis court at 14350 Taos Drive.' Our residence is exactly across the street from thi~ propertyl Since the Saratoga Planning Commission has studied this application and.fullyr agreed to-reject the re- .. quest, we are hopeful that! the City council wilt support Commission." Mrs. Norton ~ndica~ed that Mr. Klein (lot #2) had ~ppl%ed. for a permit for a tennis court previously, and at tha~ time, there was a'petition with 26 signatures opposing it. However,. this time, it was felt the main consideration would bethe location of the neighbors opposing it. Mrs. Norton commented she.would like to go back.to the original ihtent of the ordinance-in zoning the 4-lot parcel "R-i-40,000 PC". She indicated, that'by adding the planned community, they added the open space requirements and fencing restrictions. In researching the background of this change of zoning, Mrs. Norton had co~e~across a letter from Rick Perkins, Bay AreaCE_'j~ne~r=chitects and Planners' San Jose dated May 26,'l~72~Slt~ti~g: ' "The proposed rezoning would create a'more compatible use of the site,!with the.surrounding'area, which' is zoned R-'l=40,00.0 PC'and partially developed. The site would thus be in harmony with the City's General Plan." She explained that the planDed ~ommuni~y which Mr. Perkins is referring to is this one. Mrs. Norton referred to a Staff report, dated JulX 10, 1972, on the request for change of zoning, i~h'i~h~i~-~-ta~tes: "The planned community development will harmonize with existing and proposed land uses in the vicinity." Further, on FebrUary 1, 1972, Lynn Belanger sent a l~tter to the City Council, stating: "The good of all the people 0f Saratoga must take precedence over any inconvenience to those who profit from the consumption of our city's rapidly dwindling remaining open space. The.proper use of our land is a public~trust'." In staff report minutes of AuguSt 13th a~d 14th, 1975, regarding Frank Shephard,.Douglass Lane,'Building. Site ApprOval,. under ConditiOn 'TU", it states: "Provide for common green area along Douglass Lane, as shown on said maps, with standard provisions' for installation of landscaping and permanent irrigation system. LandsCaping maintenance agree- ment and/or maintenance through homeownerls association and/or C.C.&R.'s all as part of sub- division improvements,Ball to be set forth on specific site development plan to be submitted and approved at the timecof Design Review, and prior to final approval." Item "S" of this report states: "Prior to final.approval, Design Review Approval required for lots 1, 2, 3 and 4. House siting, fencing and design to be determined at this time." item "T" states: "Provide landscaping a~d fencing for Lot A. Landscaping and fencing for lot A subject to Design Review Approval prio~ to final approval." Mrs. Norton pointed out that they make a distinction between lots 1, 2, 3 and 4, and lot A, which is the common green area. Item "D" of this report s~ates:~ "Internal fencing on the individual lots shall be limited to 15 percent of the lot, inaddition to protective fencing for the immediate swimming po~l area." Mrs. Norton indicated that clearly the intent is to treat lots 1, 2, 3 and 4 similarly regarding fencing, and to treat lot A, the common green area, separately. She referred to the Planning Commission minutes of January 25,1978, where it states: "Commissioner Marshall'pointed out that when Lot 4 subdivision was developed, the Commission agreed to put the common green at the end lot, and at that time, it was decided by the City that it made more sense to make the land a part of the corner lot than to require that a maintenance district be se~.up. Since it was the City's intent that the common green be the developed area held commonly be all the people for green space, and that the residual portion be that portion to which the 15 percent fencing limitation applied, it would seem to me that the corner lot should be assessed upon its net, minus the common green. Otherwise, we are granting a special privilege to the owner on the corner." Mrs. Norton indicated that on F~bruary 10th, she spoke to James Day and asked him about the backgroudd of this 4-lot parcel and why the common green' area was now called a "scenic easement", since all the historical references talk about a "common green area". Mr. Day had told her since the area was zoned planned community, he had first inquired if he could set up a home- owner's association for this parcel that would be part of the existing homeowner's association. Mr. Day was told this would not be possible. Since there were many problems encountered in the maintenance district set up between the City and the developer,'James Day had asked his attorney if he could draw up an open space easement which would accomplish the same purposes as the common green area, but minus the headaches for him. The City had agreed, as indicated in the previous quote by CommiSsioner Marshall. Mrs. Norto~C,referred to Dr. Fo~g's letter to'the-City Council dated February.l, in which he states: "The purchase.price of the house and property in- cluded the common green belt and the cost of landscaping itl I furnisb the water, electricity, and other maintenance of this greenbelT." Mrs. Norton sta~ed that in thefr pianned_co~nunity which backs up to this parcel, the pdrchase price of the lots.in- cluded ownership ~n the common green area, the cost .of land- scaping and irrigation, and they individually pay taxes on this land. The ongoing expenses of utilities, insurance and maintenance will be paid b~ the homeowners. They cannot include any of the acreage as a basis for~a.computation and setback determinations. She stated the same should hold true for Dr. F0ng since the 4-acre parcel was zoned planned community, and he should not be permitted to use' the common green area in calculating his fencing. She further quoted from Dr. Fong's letter to the Council, as follows: "There exists a tennis court in the planned community also on Taos at this time.. I~would, therefore, not be setting a precedent." Mrs. Norton commented that according to the staff-report of June 26, 1974, it states: 'The applicant, Mr. Sells, was present and stated that the tennis court would not be a standard tennis court size." "Fencing shall not enclose more th.an 15 percent lot coverage." "Fence height be limited to 7 feet around the perimeters and to 3 feet in height in the center of the side section paralleling the house." She stated s'he~~yery concerned, and strongly protest ~ gra~n~{~[i~' use permit. FUrther, she would hope the Oity Council denies the appeal so the o~iginal intent of planne~ community zoning with theseLre- striction~ can be preserved. Cornell Spiro, 19753 Minocqua Drive, addressed. the Council, indicating that he is one of the homeowneys__s.j_n~i_no~Rosition to the~truction of'this tennis court~i~ this"~r'~aor"~ Mr. Spiro indicated he wo~ld like to share in the views of Mrs. Norton that the original intent was that the green area would be the common green area under the homeowner"s association However, he stated that it was not practical ~o form the homeowner's association for this subdivision, lHowever, he does not believe the original intent has been changed, and under this original intent, the tennis court would exceed the 15 percent 'fencing restriction in the planned cormmuni~yiD area. Mr. Sp~ro further commented that this is an open area, and if tennis courts are allowed in the area, the landscaping of the entire area will chan~e, as wo;uld the value of the properties. He indicated. his reason fdr purchasing this property was the fact that it was zoned planned community and he felt'certain therezwould be no tennis courts in this area. He therefore urged that the Council deny this appeal. · Dr. Fong again addressed the Council, §tating that if his permit is granted, he wouid be willing to submit the same. specifications~and the same measurements as exist on the court at 14100 TaoS Drive. ~mp~{Sn~y~ di~F~'~l'~h~plann~j~communitX was Eeally serving its purpose. He felt~/'~~i~o~dY~%~-Ii~p.~,~to the individual to judge whether o½~'~h~ c~Y~h'~'{s~hg court on Taos Drive. Mrs. Klein, 14328 Taos Drive, addressed the Council. She commented that this scenic easement does belong to Dr. Fong. With regard to the comments relative to the other court on Taos being a foot smaller on each end, she commented that this foot is hardly noticeaBle.to a tennis player. Third, Dr. Fong does meet all,the requirements set up by the City of Saratoga for setbacks. She further commented that she believes people Who'Lhave pools should feel lucky that they have it so easy. It was then'moved by Councilman KrauS and seconded by Councilman Brigham the public hearingl'-be closed. The motion was carried. The public hearing was~losed at 9:15 A.M. FSl~owing a brief discussion by the Council, it was moved by Councilman Kraus to deny this appeal on the basis that it would be granting a specialprivilege to<~h~i~ri~'ant. The City Attorney suggested the Council-defer its action on this matter until he has had an' opportunity to further re~' search it. This was acceptable to the Council, and Councilman Kraus withdrew the motion. Mayor Bridges indicated the matter would be deferred until the next regular meeting of the Council. B. ABANDONMENT OF THE SLOPE EASEMENT LOCATED ON LOT 55, TRACT 3439, SARAHILLS UNIT NO. 2~ CITY OF SARATOGA Mr. Shook, Director.of Public Works, reported that this lot is located at the corner of Sarahills Drive and Pierce Road, and several years ago, there was a slide of considerable magnitude on the lot. The slide has been corrected; however, in so doing, the building pad is not located in its same location, and the slope easement defined on the map is no longer indicative of the 7location of the slope. He advised that the LandJDevelopment Committee has conditioned the site approval on the lot s~ch that in exchange for the abandonment of the slope easement, the owner will provide the City with a scenic easement over the entire lot, with the exception of the actn2al building site. It' is the staff's recommendation the Council authorize staff to proceed to abandon the slope easement on Lot 55, Tract 3439. The Mayor opened the public hearing on this issue at 9:27 P.M. There being nO comments from members in the audience, it was moved by Councilman Krauszand seconded by Councilman Brigham the public hearing be closed. The motion was carried; the public hearing was closed at 9:27 P.M. It was then moved by Councilman Kraus and seconded by Councilman Brigham to adopt Resolution 841, Ordering Vacation and Abandonment of a Slope Easement. The motion was carried unanimously. C. CONSIDERATION OF APPEAL OF PLANNING COMMISSION DECISION RELEVANT TO VARIANCE ALLOWING A~4-FOOT REDUCTION IN THE RE- QUIRED SIDEYARD SETBACK TO ALLOW FOR AN EXISTING STRUCTURE TO REMAIN WITH THE DECREASED SIDEYARD AT 14777 MONTALVO ROAD Mr. Van Duyn explained that th~2Plann~g Commission denied this request for a variance to allow an ll-foot sideyard setback in lieu of the reqp~5-foot setback for a~i~re ~ds~Zwai_~f_e~~d'~f~z~ce ~Li~. This action was taken on The Mayor~nowledged anitempJSorrespondence'rece~ved ~ .~ on this matt~Y~fr~M~'d~S% ' P~'d~L~i{~g~2'0804~O~l~'~ Montalvo, requesting that the City Council deny this appeal. The Mayor then opened the public hearing at 9:33"P.M. Don Miller, 14740 Cody Lane, addressed the Council. Mr. Miller advised that his back yard faces the side yard. He indicated that when he put in his fence in the back yard, he put the fence approximately 4 $nches back on the inside of his property. When the cementscontractor poured the foundation for the guest house and g~rage, he took the 15-foot setback from Mr.~[~J~fence, and not from the boundary. Therefore, when the~ou~tion was p'oured and the partial framing was completed, he ran a line .on the boundary, and established the fact that the garage and guest house were extending into the side yard. Mr. Miller indicated at t~e January 25th Planning Commission, he felt the Commission was not'arbitrary in ~&ir treatment of all the cases he hear~ that~evening. The Commission granted the variance on the garage and the guest house, and denied the variance on the little mechanical shed, which he feels is fair. It is, therefore, his recommendation this appeal be denied. There being no further discussion on this issue, it was moved by Councilwoman Corr and seconded by Councilman Brigham the public hearing be closed.~ The motion was carried; the public hearing was closed at 9i35 P.M. It was then moved by Councilman Kraus and seconded by Councilman Brigham to support the Planning Commission decision relative to this variance, and deny the appeal. The motion was carried unanimously. Recess and reconvene VIII. ADMINISTRATIVE MATTERS A. MAYOR B. COUNCIL AND COMMISSION/REPORTS 1. Councilman Brigham Re: HCRD Element in "PD" Ordinance It was the concensds of the Council to schedule a Committee of the Whole Meeting with the Village Merchants to discuss this ordinance. The staff was directed to make arrangements for th~s meeting,ipreferably in the Village itself. 2. Parks and RecreationCommission Re: Re,commendation to ContinUe Consideration of Abandonment of Pedestrian/ Equestrian EasemenC at Rear of Properties of Sobey Meadows Court - Tract 5164 (Cont'd. 12/7/77) This recommendation was continued to the next regular City Council Meeting of ~arch 1, 1978. 3. Planning Comm£ssion Re: a) Northwest Saratoga Circulation Element - Considered as part of the!pUbli~ hearing on this matter. b) Amending the Land Use Element of the 1974 General Plan from Medium Density to Planned Development (Lattanzio and Jones) This matter wa~ set for public hearing on March 15, 1978. C.. DEPARTMENT'HEADS AND OFFICERS 1. Director-of Public Works Re: Request~.O~.,F. to Deviate from Normal Procedure in Obf'a~n.~B~ilding Permit for Proposed Development. It Was moved by Councilman Kraus and seconded by .Councilman Brigham'to approve the staff recommendation to approve this 'request, with the re~uirement that improvement plans be submittedCt~~_~ithin six months. The motion was carried~nni~s'i~.~ · D. CITY MANAGER 1. Report Re: Unemployment Compensation Insurance Upon the recommendation of the staff, it was moved by Councilma'n Kraus and ~econded by Councilman Brigham to adopt the individual reimbursement account method of financing the City's liability, and respond to-: the State of California regarding this intent. The motion was carried unanimously.i IX. COMMUNICATIONS A. WRITTEN 1. Mayor Janet Gray Hayes,.re~uesting the Saratoga City Council authorizea referendum for placement on the November 1978 ballot concerning public housing assistance. It was agreed to schedule this item for discussion at a Committee of the Whole Meeting. 2. GeorgeS. H. Dais, Architect to.Mr. and Mrs. James ~iou,e 21027 Comer Ave., requesting'to modify the existing building envelope area for construction of a new pool cabana structure at 21027 ComerrDrive. Referred to Planning Commission to review plans for improvements within this building area. 3. Arpetition from Saratoga Sunset.Club in favor of low-cost housing for senior citizens in Saratoga. - Noted and filed. 4. Mr. and Mrs. William Wyant, 13991 Saratoga Ave., in opposition to rezoning of commercial property at 14599 Big Basin Way'I'- Referred to the Planning Commission for consideration. 5. Resolution Nol 8866 from the City of Alameda, re- affirming City council's opposition to entrance of the Concorde SSTY'~hnto the San Francisco Bay Area'Market. - Noted and filed. B. ORAL C. PUBLIC GROUP REPRESENTATIVES The Mayor acknowledged the ~resence of public'group representatives this evening as follows: Stan Marshall, Saratoga.Planning Commission Everett Bryant, GoOd Government Group Ann Hexemer, A.A.U.~=~= and Recreation Commission ~ ~ry ADJOURNMENT It was moved by Councilman Brigham and seconded by Councilwoman Corr the meeting be,adjourned. The motion was carried; the meeting was adjourned at 10:50P.M. Respectfully submitted, Robert F. Beyer City Clerk