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Home My WebLink About07-05-1978 City Council Minutes MINUTES SARATOGA' CITY COUNCIL TIME: Wednesday, July 5, 1978,.7:30 P.M. PLACE: Saratoga City Council Chambers 13777 Fruitvale Ave.,.~Aratoga, C~lif. TYPE:' Regular Meeting I. ORGANIZATION · A. ROLL CALL Present: Councilmen Corr, Callon, Kalb, Kraus Absent: Councilman Matteoni B. MINU~ES It was moved by Councilman Kalb and seconded by Councilwoman Corr approval of the minutes of June 13 and June 21, 1978. The motion was carried unanimously. II. CONSENT CALENDAR A. COMPOSITION OF CONSENT CALENDAR It was moved byeCouncilwoman Corr and seconded by Councilman Kalb approval of the Consent Calendar composition. The motion was carried unanimously., B- ITEMS FOR CONSENT CALENDAR 1. Notice of Completion - Foothill Park, E1 Quito Park, Saratoga Historical Park 2. Resolution 863, A Resolution Approving Final Map on Tract 6261 3. Payment of Claims It was moved by Councilwoman Corr and seconded by Councilman Kalb approval of the items for Consent Calendar. The motion was carried unanimously. III. BIDS AND CONTRACTS IV. PETITIONS, ORDINANCES~ FORMAL RESOLUTIONS A. ORDINANCE 38.88 · ~N ORDINANCE OF THE CITY OF SARATOGA REGULATING LAND DEVELOP- MENT IN THE CONGRESS SPRINGS SLIDE AREA A question was raised pertaining to Section 2.3 of this ordinance, as to whether or not this would restrict construction on all sitesDin an Md or Mrf area. Staff to investigate this. It was move~by Councilwoman Corr and seconded by Councilman Kalb~'~di~38IY8~b~'~i~lced and the reading waived. Also, this ~A~E~r~b~l~e=for~pd~'lic'~earing July 19. The motion was carried unanimously. B. ORDINANCE NS-3.41 AN ORDINANCE OF THE CITY OF SARATOGA AMENDING SECTION 7o2(b)(1) AND SECTION 7.2(c) OF NS-3 BY DELETING REAL ESTATE OFFICES AND FINANCIAL INSTITUTIONS (TO'INCLUDE BANKS, SAVINGS AND LOANS) FROM "C-C" AND "C-V" DISTRICTS AS AN ALLOWED USE, AND ALLOWING SAID USES IN A "C-C" AND "C-V" DISTRICT AS A CONDITIONAL USE, SUBJECT TO THE PROVISIONS OF ARTICLE 16 OF THE SARATOGA MUNICIPAL CODE It was moved by Councilwoman Callon and seconded by Councilman Kalb the adoption of Ordinance NS-3.41 and waiving of reading. The motion was carried Unanimously. C. RESOLUTION 859 A RESOLUTION OF INTENTION TO ABANDON A PORTION OF MONTAUK DRIVE It was moved by Councilwoman Corr and seconded by Councilman Kalb to adopt Resolution 859~lh~'~¥~is matter for public hearing on August 2, 1978. T~"M6't'i~h'Was carried unanimously. D. RESOLUTION 862 A RESOLUTION OF THE CITY OF SARATOGA ESTABLISHING THE HOURS OF OPERATION AND DEFINING "FAMILY RESTAURANT" RE: UP-360 (SARATOGA FOOTHILLS) {Ma~or Kraus abstained from this discussion and action) The following items of correspondence were entered into the record: 1) John F. Mallory, 12258 Kirkdale Drive, dated June 27, 1978. 2) Don Peterson, Saratoga Foothills Developmentlz Corporation, dated June 29, 1978. Councilman Matteoni's letter~ dated July 3, 1978, was also acknowledged, which suggested that wording be included in the resolution to.~ii~J'~oUr~ are generally set from 7:00 a.m. to 12 midnight, 'b~t the Council may adjust those hours within 1 hour tolerance upon specific review of the particular restaurant to be located on the site.UI Following considerable discussion,-~it_~as m~ved ~y.~ouncilman Kalb and seconded by Counci, lwoman<~Cdrr'~pt~Res61ution 8627 revised as follows: (1) A family restaurant is defined as one having waitress or waiter service; no drive-in facilities; where all food is prepared and consumed on the premises; where hours are generally restricted from between 7:00 a.m. to 12:00 midnight; however, City Council may adjust opening within a 1-hour tolerance upon review of the particular restaurant to be located on the site. Resolueion 862, Re: "Family Restaurant" (Cont'd.) (2) A family restaurant should have a similar motif, but not limited to Coco's and/or .the Pepper Mill, such building not to exceed 5000 square feet in size. (3) No bar shall be permitted within such estab- l'ishment. The motion was carried unanimously, Councilman Kraus abstaining. V. SUBDIVISIONS, BUILDING SITES, ZONING REQUESTS A. REQUEST BY DAVID A. RITTER TO APPEAL THE LAND DEVELOPMENT CO~.IITTEE DENIAL OF THE SECOND ONE-YEAR EXTENSION OF SITE APPROVAL~ON SDR-1208 FOR ONE LOTON BOHLMAN ROAD Following a discussion of this request, it was moved by Councilwoman Corrand seconded by Councilwoman Callon to Deny Mr. Ritter's request for a one year extension to site approvalon SDR-1208, and grant an extension of six mnths. The motion was carried unanimously. VI. PUBLIC HEARINGS ~j ;~ '~%P~AE O~i~ 'DEVELOPMENT COMMITTEE CONDITION FOR TENTATIVE BUILDING'SITE'APPROVA~ RE] WIDENING'OF"BRIDGE AT VASONA CREEK ALONG FRONTAGE (SDR-1334) The Mayor opened the public' hearing at 8:28 P.M- Robert Snyder, 18630 Allendale Ave., addressed the Council. He commented that the widening of this bridge is an enormous load for a one-acre lot to bear, and was of the understanding that in the past, the City has participated in these major · improvements. He proRosed ~n'~l~e~n~ti~e i~r~E si de~a lks and~i~all~o~ 8~i~i~{~ "~a~[~-~id~iin~ 'of 'the entire br{'dg~. ............ ~ .... ~"~'~ ~ .... Mr. Shook, Director of Public Works, pointed out the advantages · of the bridge/widening. 'If the City were to implement Snyder's proposal, this would result in a reduction of the 4- foot widening already approved by the Land Development Committee , plus~-~{~daC~iaI~4to 6 feet at the bridge creating a Very hazard~d~'a~n'd~tion.~ It was then moved by Councilwoman Callon and seconded by Councilman Kalb to close the public hearing. The motion was carried. The public hearing was closed at 8:35 P.M. The Council discussed this item in relation ~o other priorities for road improvement~Drdj'a~d~'i~ '[~e C~6i'far~rdvements Budget fornext fiscal XearV'~'~'reqdeS[a~h'~'a~aff investigate this question ~ 8 fig rf{esV a~ '~Vlri~'a~oximate cost for this bridge project.' ........... " -- ........ ' It was moved by Councilwoman Corr and seconded by Councilman Kalb this matter be continued to the next regular meeting of the Council on July 19, 1978. The motion wa.s carried unanimously. ,- 3 VII. ADMINISTRATIVE MATTERS A. MAYOR B. COUNCIL AND COMMISSION REPORTS 1. Councilwoman Callon- Rep6rted Planning Commission accepted E.I'.R. on the Parker Ranch~a~ompl~t~y'sln~"~ finding that the develoDmen~'~l'd'~ .... significant impac~ on the city. 2.~%i'~"d~ion~ D~s~us~ed the $1Z~000~g~t red~t~On ....... - .... .... fo~'~n~on-r~es~d~ntlp~r~fcipati_op ~fn~_ark~. an~I~ · , recreation p~ogramTat~Lo~ G~-'S~t~g~ Recreation District.-- impacts: ~L~Jg~ ~ ~ Council directed City Manager to discuss this with Mr. Goldbe!g~o~f.tb~ Los Gatos- Saratoga Recreation~District,~and report back. C. DEPARTMENT HEADS AND OFFICERS 1. Report from the Planning Director Re': Consideration of Annexation of Lauer Property on Bainter Drive It was moved by Councilwoman Corr and seconded by Councilman Kalb to proceed with the annexation of this property to the City of Saratoga. The motion was carried unanimously. 2. Report from the Director of ·Public Works Re: Three Oaks · Safety Improvement Project It was moved by Councilman Kalb and seconded by Councilwoman Callon to approve the Three Oaks Safety Improvement Project for the 1978-79 Capital Improvements Budget in the amount of $2,400. The motion was~ca~ried Unanimously. D. CITY MANAGER 1. Municipal Liability I~surance Study It was~agreed to commun%cate to the I.C.C. the Council's interest in proceeding with a joint powers agreement for liability insurance. 2. Acceptance of Gifts to Saratoga Library 1) Rand·Mark IV'Globe, Donated by A.A.U.W. 2) Oil Painting, Donated by Victor Zane It was moved by Councilwoman Callon and seconded·by ·Council- woman Corr to accept the gifts donated to the Saratoga Library. The motion was·carried unanimously. 3. Claim Re: Mark Maurer vs~. City of Saratoga It was indicated ith~'~'~"__~i ~[' ~h~'7~d~e~[~'d ~i&~"~ot within the City's~'~fi~'diction.~ ............... ~'= ............. It was moved by Councilwoman Callon and seconded by Councilman Kalb the claim be denied and referred to the City!s insurance carrier forconsideratioh. The motion was carried unanimously. - 4- VIII. COMMUNICATIONS A. WRITTEN 1. Copy of letter to Planning Commission from Russell Crowther, 20788 Norada Court, re: Saratoga General Plan. - Noted and filed; no action taken. 2. ~C.qpy of:letter to Arthur Slemmons from Donald Praether re: Littleb~6okyR~ine Road sanitary sewer improvements. - Included as part of the file on this matter; continued for discussion at Committee of the Whole Meeting July 11, 1978. 3. Lee Duprel, President.and Chief Executive Officer~of the Better Busihess Bureau of Santa Clara Valley, requesting a proclamation from the City of Saratoga designating the month of NoVember 1978 as~B~e~te~l~eSs Bureau Month. - Noted and filed. 4. William QuaCkenbush, 18532 Aquino Way, requesting that the City of SaratOga relinquish the proposed fire access ease- ment across his property. Referred to Public Works staff for report to Councilon July 19, 1978. 5. Letter from Canon Drive/Glen Una Homeowners requesting information re: urban service area. I r~luded as part of~ '- the file on this matter; continued for discussion at Committee of the Whole Meeting July 11, 1978.. 6. Miles Rankin, 14566 Big Basin Way, requesting maintenance of Hakone Gardens be continued at its present level. - Noted and filed. 7. John F. Mallory, 12258 Kirkdale Drive, re: proposed commer- cial development of a family restaurant on Saratoga-Sunnyvale Road and Prospect Ave. - Noted and filed. 8. Don~eter~on~.Sara~F~othills Development Corporation, re:' p~e~b~r~i~l'd~velopment of a family restaurant on Saratoga-Sunnyvale Road and Prospect Avenue. Noted and filed. 9. Mrv and Mrs. John McCo~lum, 19810:.Me~r{~b~i~ Drive, requesting the City Council remove the 50 percent add-on ruling requiring a new construction. permit. - Staff will be presenting a report relevant to thfs policy at the City Council Meeting on July 19. 10. E:C. Steffani, Los Gates, requesting the City of Saratoga proceed with pre-application review and report in order that a request for de-'annexation from Saratoga and annexation to San Jose may be fif~d. - Referred to Planning staff for report back to the Council on July 19. It was m6ved by Councilwoman Corr and seconded by C0uneilman Kalb the meeting be adjourned. The motion was carried. The meeting was ad3ourned at 9:50 P.M. Respec submitted, Ro r - 5 -