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Home My WebLink About07-19-1978 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: ' Wednesday, July 19, 1978 - 7:30 PoM. PLACE: Saratoga City Council Chambers, 13777 Fruitvale Ave,, Saratoga, Calif. TYPE: Regular Meeting I. ORGANIZATION A. ROLL CALL Present: COuncilmen Callon, Corr, Kalb, Matteoni, Kraus Absent: None B. MINUTES It was moved by CouncilwomAn Corr and secondedl.by Councilman Kalb the minutes of June 27 and July 5, 1978 be approved. The motion was carried unanimously. II. CONSENT CALENDAR '. A. COMPOSITION OF CONSENT CALENDAR It was moved by Councilman Kalb and seconded by Councilwoman Corr approval of the Consent Calendar composition. The motion was carried unanimously. ~ B. ITEMS FOR CONSENT CALENDAR 1. Certification of City EIR Consultant List 2o Final Acceptance a. SDR-787 Howard Bennion/Quito Road b. SDR-1151 David & Elizabeth Dozier/Quito Road c. SDR-1317 Charles Hinton/Saratoga-Sunnyvale Road 3, Construction Acceptance - Tract 5995, Wayne Leposavic/ Sperry Lane 4. Payment of Claims 5. City Treasurer's Report' 6. City Clerk's Report It was moved by Councilwoman Corr and seconded by Councilwoman Callon approval of the items for the Consent Calendar. The motion was carried unanimously. III. BIDS AND CONTRACTS A. AUTHORIZATION TO CALL FOR BIDS THREE OAKS WAY IMPROVEMENT PROJECT It was moyed by Councilman Kalb and seconded by Councilwoman Corr the i~a_'~..be.authorized to call for bids on this project. The motion was carried unanimously. IV. PETITIONS, ORDINANCES AND RESOLUTIONS A. RESOLUTION 864 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA RESCINDING THE NEGATIVE DECLARATION AND NOTICE OF DETERMINATION FOR THE QUITO ROAD/WILDCAT.CREEK BRIDGE PROJECT It was the consensus of the Council to continue this matter until the Santa Clara Valley Water District has~met and considered the re-design of this project, and~hether or not the District will participate. The staff will bring back a report to. this effect. - V. SUBDIVISIONS, BUILDING SITES, ZONING REQUESTS A. TO CONSIDER THE APPEAL OF LAND DEVELOPMENT COMMITTEE CONDITION FOR TENTATIVE BUILDING SITE APPROVAL RE;WIDENING OF BRIDGE AT VASONA CREEK ALONG ALLENDA~E FRONTAGE, SDR-1334 (Cont'd. 7/5/78) It was moved by Councilwoman Corr and seconded by Councilwoman Callon to indicate to the developer the City's willingness to share the cost of the widening; however, this is contingent upon his providing cost estimates to the City~.-~l~0~'~\City Attorney be directed to i~vestigate the feasibil%~ 65 ~d~ing in lands which use Allendale for ingress/egreSs into a reimbursement agreement, on the bas±s of increased traffic. Councilman Kalb indicatedhe would vote no on this action for the following reasons: 1) The value of this land has been discounted already to reflect some of these. difffculties; and 2) it is his feeling this is not the proper widening of the roadway. The motion was carried, 3 to 1, with CounCilma~ Kalb voting no, Councilman Matteoni abstainingin that he did not participate in the hearing on July 5th. B. CONSIDERATION OF REFERP~L FROM SANITATION DSITRICT #4 RE: REQUEST FOR ANNEXATION OF REVINE-LITTLEBROOK ROAD AREA (Cont'd. 6/7/78) FolloWing discussion, it was moved by CoUncilwOman Callon and seconded by CounCilman Kalb to deny~n~'_X~io~Ravine- Littlebrook Road 1973-77 Vielicka property' ~o~the~City of Saratoga, and recommend to Sanitation District No. 4 that they not permit sewers to be extended from the present sewer line to serve this area, based on the fact the area is not suitable for urban services and the sewers may have a growth inducing affect. Councilman Matteoni commented that he would Vote no on th~L~ ~%~'Y~f?~is motion, on the basis that he does not ~I~e th~=~ft~ should judge .regarding development of a sanitation line in this af~a, particularly if it can be in- stalled at no cost to others in the community. The motion was carried, 4 to 1, Councilman Matteoni in opposition. - 2 - VI. PUBtIC HEARINGS A. TO CONSIDER PROPOSED ORDINANCE 38.88, AN ORDINANCE OF THE , CITY OF SARATOGA REGULATING LAND.DEVELOPMENT IN THE CONGRESS SPRINGS SLIDE AREA (Cont'd. 7/5/78) The City. Manager reviewed the information requested by the Council relevant to this proposed ordinance and the number of'parcels affected in areas designated "Md" and "Mrf" (Report dated July 11, 1978). The Mayor opened'the public hearing at 8:31 P.M. Jane Hagan, 15401Bohlman Road, addressed the Council. Mrs. Hagan urged that the Council take into consideration the. property owners who are already in the slide area, in that she felt to restrict what they do to their property is different than restricting someone who hasn't built yet. She commented that if present property owners are restricted as to what they can do with their,property, the burden should be on the City to tell them why they can't put an extra room onto their home, since they are there and already contributing. The City Manager referred to Section 2.2 of the ordinance, which provides that where there are existing structures in "Md" or "Mrf" zones, certain modifications where such does not increas.e the floor s~ace by 50 percent, .t~{~6~ "'~'~ ~c6n~i~e~ ~s.~'a~' ~c~{~n~o' ~%'~s 6~' the' ordi~'anc~. Ierry Hagan, 15401 Bohlman Road, commented he felt it was presumptuous to tell residents' who are already living there that they can only expand their home by ~0 percent and cannot addany'additional foundation without expending a substantial amount'of money fora geologist report. Mr. Hagan was in agreement that if development is going to cause a problem, this is a burden upon the City to show, and not the property Owner. It was then moved by Councilman Kalb and.seconded by Councilwoman Corr-the public hearing be closed. The motion was carried; the public hearing was closed at 8:37 P.M. It was moved by Councilwoman Corr and seconded by Councilman Kalb to adopt the NegatiVe Declaration, and to adopt Ordinance 38.88 and waive the reading. The motion was carried unanimously. B. TO CONSIDER APPEAL OF THE PLANNING COMMISSION DECISION RELEVANT TO REQUEST FOR A VARIANCE TO ALLOW A FREE STANDING ILLUMINATED 35-SQUARE FOOT SIGN FOR THE TEXACO STATION AT 12015 SARATOGA- SUNNYVALE ROAD (V-490) Mr. Robinson, Acting Planning Director, advised that the Planning Com mission, on June 14, 1978, denied this application based on the inability to make the necessary findings~to allow such f~ee standing sign. The ~yor opened the public hearing at 8:45 P.M. Bob Barbetti, 18570Montpere Drive, addressed the Council as owner of the Texaco Station establishment. He stated that the existing sign is' 25-feet high, outside illuminated. The new sign is inside illuminated and is only 11 feet high. Mr. Barbetti indicated he is o~ the border of San Jose, and the Shell station across the street has a sign the same_size as proposed; the Standard has one twice the size..~~ ' .... ~ In response to Councilman Kalb's question if removal of the sign would have a significant impact on the profitability of the station, Mr. Barbetti commented transient business would suffer, and identification is what he'is after. The idea of incorporating something of a canopf~ype ~ign discussed. Mr. Barbetti agreed this might be a p6~sibi~fe~ for signing. Lynn Belanger, Chairman, Saratoga Planning Commission_,~_ suggested the Council may want to consider the whole~t~e It was moved by Co~cilman Matteoni and seconded by Councilwoman Callon the public hearing be closed. The motion was carried. The public hearing was closed at 8:53 P.M. It was the consensus of the Council to follow up on Commissioner Belanger's suggesion to review the '~r~-6~i~ncF~~ p~cularly with respect to'free standing signs~'~il ..... 'xt"w s d6 ciim n and 'S 'conded by Councilman Kalb to continue this matter for a period of 30 days, and invite the applicant to submit any alternative plans during this period. The motion was carried ~animously. VII. ADMINIST~TIVE ~TTERS A. ~YOR 1. Reported the I.C.C. voted to discontinue the P.P~C. B. COUNCIL AND CO~ISSION REPORTS 1. Councilwoman Corr - Transportation Co~ission took action not to proceed with the reco~ended change of representation in MTC. 2. Co~cilman Kalb - CoEented it was his understanding there would be some reflection in the CapitalSImprovement Program of items devoted toward improving efficiency, reducing maintenance costs, etc. 3. Councilman Kalb - Inq6ired when Parks and Recreation Co~ission would be back with reco~endations on trails and ~athways. A proposal of a demonstration trails system can be made available to the Council, and this item can be looked at in conjunction with the Capital Improvements Budget. VIII. COmmUNICATIONS (TakenLout of order) A. WRITTEN 1. Letter from Mr. and Mrs. O'Hern re: problems at Wildwood Park. The City Manager relate~ some of the problems which have been occurring, i.e., trespassing, threats to residents on Wildwood Way. Consideration has been given to fencing from the corner closest to 4th Street to the end of Wildwood Way at the access driveway. Sheriff's Department aware of problems. - 4 - Bob M~ 14346 Wildwood Way, presented to the Council a petiti~'~igned by property owners in the area which requests the City Council adopt a resolution modifying the Vehicle Code toallow Sheriff's Department to cite on a private street. Following additional testimony from residents, and consideration of possible solutions to this problem by the Council, it was the concensus to continue this matter to an Adjourned Regular Meeting on Tuesday, July 25th~to consider recommendations brought forth this evening. Also, proposed resolution modifying the Vehicle Code will be agendized for public hearing on August 2nd. VII. ADMINISTRATIVE MATTERS (Cont'd~) C. DEPARTMENT HEAjS AND.iOFFIC~RS 1. Report from Director o~ Inspection'Services Re: Proposed Modifications in Process for Reviewing Applications for Building Permits Where Improvements are Over 50% of Existing Structure - Continued for further discussion at Council Committee of the Whole Meeting. 2.Report from DireCtor of'Public Works Re: Northwest Saratoga Drainage Problems It was the consensus of the Council to include remedial measures for storm drain problems on Bankmill Road and in Northwest portion of Saratoga fnz/the Capital Improvements Budget (approximately $20,000) for consideration. 3. Report from Planning Director Re: a) Consideration of Annexation of Lauer proper~y on Bainter Drive It was moved by Councilman Matteoni and seconded by Councilman Kalb toapprove the staff's recommendation to accept the tentative map, subject to the City's conditions, and subject to the City Attorney's review of proposed Deferred Annexation Agreement. The motion was carried, 4 to 1, Councilwoman Callon in opposition. b) Consideration of Request from Mr. E. C. Steffani, re: de-annexation from the City of Saratoga (Saratoga Avenue at Lawrence Expressway) It was moved by Councilwoman Corr and seconded by Councilman Kalb to deny this request. The motion was carried unanimously. D. CITY MANAGER 1. Report Re: Transit Buses in the Village'- Advised this issue would be addressed.at the August 2nd regular Council Meeting 2. Consideration of Staff 'Report Re: Alternative Uses for City-owned Property at Corner of Saratoga-Sunnyvale Road and Cox Avenue. - Council directed City Manager to set this matter for public hearing in September. B. Vacancies on Parks and Recreation Commission Directed City Manager to advertise vacancies; also agreed to discuss question of 'the re-appointment process at a Committee of the Whole Meeting. - 5 - 4. Claims Re: a) David Ritter; b) Mary Louise Demmelmaier It was moved by Councilwoman Corr and seconded by Councilman Kalb to deny these claims and refer them to the City's insurance carrier for consideration. The motion wa~carried unanimously. 5. Report Re: Agreement with Los Gatos-Saratoga Recreation District It was moved by Councilwoman Callon and seconded by Councilman Kalb to rescind the contract with Los Gatos- Saratoga Recreation District, replacing 600 recreational program hours now provided by the District with classes at the Saratoga Community Center, offering said classes to all residents of Saratoga. The motion was carried unanimously. VIII. COmmUNICATIONS (Cont'd.) A. WRITTEN 1. Mr. John C. Schaller, 12138 Terrence Ave., opposing proposed Texaco sign on Saratoga-Sunnyvale Road. - Noted and filed; City Manage~ to respond. 2. Copy of letter to the Planning Commission from Russell L. Crowther, 20788 Norada Court, re: Saratoga General Pla~ file. - Noted and filed. 3. Mr. and Mrs. G. D. Schott, 20608 Ritanna Court, protesting additional fees they are now paying to Park and Recreation Department. - Noted and filed; City Manager to respond. B. ORAL C. ACKNOWLEDGEMENT OF PUBLIC GROUP REPRESENTATIVES The Mayor acknowledged the presence of the following public group representatives: Arnold Lowe - Good Government Group Margaret Dunn - Good Government Group Lynn Belanger - Saratoga Planning Commission IX. ADJOURNMENT It was moved by Councilwoman Corr and seconded by Councilman Kalb adjournment to an Executive Session this evening, and to an Adjourned Regular Meeting on TUesday, July 25th. The motion was carried unanimously; the meeting was adjourned at 12:00 midnight. Respectfully submitted, Robert F. Beyer City Clerk - 6 -