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HomeMy WebLinkAbout09-20-1978 City Council Minutes AGENDA/M I NUTES SARATOGA CITY COUNCI L SEPTEMBER 20, 1978 AGENDA ACTION TAKEN CALL TO ORDER 7:30 P.M. Mayor Kraus presiding ~Councilmen Present: .Callon, Corr, Kalb, Kraus 7:~0~p~.-~ ........ . APPROVAL OF MINUTES APPROVAL OF MINUTES September 6, 1978 - Item VII-C;. modify to show Dorothy Parker as representing Senior Citizens Housing Task Force rather than " A.A.U.W. Also, Mildred Gordon speaking on behalf of Senior Citizens HoUsing Task Force. 'Item VIII-B: Modify item 2 to clarify Councilman Kalb speaking on behalf of j oin.~committee on ~ which he4was serving. 'Item V!II-D(3): Modify to r&flect Barbara Winkler to represent .small cities on County General Plan Committee. Item IX-B(2): Modify ~ording to clarify congratulations for reducing recreation program brochure, and not recreation program. ~M~Sl:~'L~Ib~Cb~r-t~approve minutes CONSENT CALENDAR ' %-'of SeDtembe~t6 -197~ as corrected. A. Resolution 872, Accepting 'LCO~SENT CALENDAR '- Dedication of Easement for i.- "~" ~' Emergency Access Road ~M/S: C6rr/C~lto~'-to"aDprO~ the (Quackenbush - Tract 5384) ~Gonsent~.C~lendar-.---Ca~'d unanimously by voice vote. BIDS AND CONTRACTS ~ BIDS AND CONTRACTS None. PETITIONS, ORDINANCES, RESOLUTIONS ~ PETITIONS, ORDINANCES, RESOLUTIONS A. Ozdi~ance 38.91 (Second'Reading) M/S: Kalb/Corr to adopt Ordinance An Ordinance Of the City of 38.91 and waive the reading. Saratoga Amending Article V Carried unanimous.ly by voice vote. of the Saratoga City Code, Re- ?"l~ lating to Licenses to Sell / Concealed Weapons B. Petition for Acquisition and Con- (Cont'd. 8/16/78)- City Manager re- struction of Improvements Pursuant ported the map for the revised to Special Assessment and Assess- boundaries, along With modified ment Bond Acts, and Waiver of petition has been received and Proceedings unde~ Division 4 of acknowledged by the City C16rk. ~Streets and Highways Code - Wat. er Improvement Project 1978-1 MINUTES - SEPTEMBER 20, 1978 (Cont'd.) AGENDA ACTION TAKEN 7Fe~a~d'i,n'~ aceeSS Qff'P~er~e ROa~d,, ~and ~lso 'iccellerated d~y_e__lop_- of this improv~l taxpayers th~_~!gbt_ therefore, ~Cghnci{. should allow ~e'd~inee~lng studies to' tak'& place. Vince Garrod, property o~er on Mt. Eden Road, presenting infor- mation and percentages regarding proposed water improvement project. Joan Bioti, Attorney with fi~ Wilson, Morton, Assaf and Mc Elligott, presented info~ation re: assessment financing and pro- ceedings to form Assessment District. M/S: Kalb/Corr to direct the staff to prepare the necessary resolutions and move fo~ard in evaluating the project. Carried, 4 to 1 by voice vote, Callon'opposed on the basis that more time needed to evaluate project. C. City Council AuthorizatiOn of M/S: Corr/Callon to adopt Proposed City of Saratoga Resolution 873, Adopting an l" ' - - Deferred Compensation Plan and Employee's Deferred Compensatid~" Agreement with National Plan . Plan and Approving an Agreement Coordinators to Act as Plan with National Plan Coordinators, Administrator Inc. for Coordinating City of ~ Saratoga=')Employee '. s Deferred Compensation Plan. Carried unanimously by voice vote. SUBDIVISIONS, BUILDING SITES, ZONING' ~QUESTS A. To Consider the Appeal of Planning Mr. Robinson, Flan~fB~ -__ Co~ission Decision Re: Use. Director, advis~d'Planning" Petit 348(a) Brian Kelly, Co~ission's reasoning in requiring Saratoga-Sunnyvale Road. a conditional use petit for this restaurant. Publid hearing opened at 8:47 P.M. Brian Kelly, 12882 Woodmont .Drive. Proposed center does not lend it- self to a free-standing restaurant or a restaurant of 4,000 sq. ft. 96 parking spaces are being pro- vide'd, and under consideration is a 2,600 to 2,800 sq. ft. sandwich shop or pizza parlor operation. MINUTES - SEPTEMBER 20, 1978 (Cont'd.) AGENDA ~, ACTION TAKEN' A. Appeal - Brian Kelly (COnt'd.) Feeling is..that applicant has under- gone adequate public hea~ings. No positive or negative input from surrounding neighbors. Commercial portion of the project was p.ut in at the request of the Planning Commission -- original plan was all townhouses. Applicant would like to have approval for 2,600 to 2,800 sq. ft. restaurant w~__ith_the same par~ng ratios as~g~anted-~ .y ~d~10Dment'a~O~the str~t~ .... Corr: Inquired if 96 additional parking spaces adequate for a restaurant t~at size. Mr. Robinson replied t-hat the Planning Commission has d~termined this parking ratio wo~ld be adequate. Matteoni: Inquired of the applicant ,~f ~h~r~ld be difficulty in ~f~ ~O~'~dification on a use permit, based on a.specific proposal. Mr~ Kel]~.v~ It is time consuming; they woUld'like to know the list of uses. Also, it is cost to the City -- for a restaurant approval that is already granted across the streets. KKaus: The'~restaurant was one of the items that was of real issue across the street for people living in the surrounding areas. Mr. Kelly: .He would'not consider a pizza parlor a 4,000 sq. ft. sit-down type Sambo's Restaurant. Kraus: Nevertheless, the neighbors were aware of the Lohr-Turgeon pro- proposal, and they are not aware of this proposed project. Kalb: If a restaurant were to be approved, would the applicant be able to meet the 1 to 160 ratio. Kelly: This would be over that figure. Kalb: Applicant .is just below the 200 figure now -- inquiredthow he proposed. to get to the 1 to 160 rati6.. Kelly: Assuming a 2,800 sq. ft. restaurant with-1 to 160, this would be 18 spaces. 18 from 96 would leave 78 spaces -- divided into 15,960, would be 205.~ 3.- MINUTES - SEPTEMBER 20, 1978 (Cont'd.) AGENDA ACTION TAKEN John Mallory, 12258 Kirkdale Drive, representative of the N.W. Saratoga Homeowner'.s Association. Agrees with Planning Commission and staff in their recommendation. If another restaurant is going to be considered, this should be brought back for re- view with the citizens. Stewart Fitzpatrick, 20410 Kirkmont Drive. Agrees with Mr. Mallory that citizens be notified. M/S: Matteoni/Kraus to close the public hearing. Carried unanimously by voice vote. Closed at 9:00 P.M. Kalb: Concern that if City rigidly applied standards applied across the street, this would come up short of parking. Corr: Concern that when the use permit comes forward, the people notified will be those recent resi- dents in the area, who may not favor what might benefit the rest of the community. M/S: Matteoni/Corr to direct the staff to bring back at the next regular meeting of the Council those conditions that would allow a restaurant use of the "sandwich shop" variety, speaking to square footage, parking ratio and other appropriate concerns, prior to voting on thins appeal. Carried 13't~'2~ ~K~auS ~nd t~allb 'C~n~Tl'~'~ensus~ that if there are going to be new conditions, applicant should be .entitled to debate same; therefore, agreed to re-open public hearing. and continue. MZS :'~ .Matteoni/Callon to re-open the 'public hearing and continue to the next regular meeting. Carried 3 to 2, Kraus and Kalb opposed. Recess and' reconvene MAYOR' S REPORTS A. Re-appointment of Parks and M/S: Corr/Kalb to re-appoint to Recreation Commission members the Parks and Recreation Commission for--a 2-y~a~.r term the following 4 - MINUTES SEPTEMBER 20, 1978 (Cont'd.) AGENDA ~ ACTION TAKEN A. Re-appointment (Cont'd.) ' members: 'Sue BUchan, John Terry, W. G. Carlson. Carried unanimously by voice vote. ' I~ri'~dg~g~'~%~i!~.'yT_~i~'%~'~"'=~:~:Parks Cit~ Manager: AdVised that memo -~-~a~-'~e~d~'Ffi~5~~ ~;{~"'~ot was sent t~ Commission apprising ~r4Re ~being in~o'r~n~'d re: cl~ur~fl of the Council's action. Matter %Wildw~d'~ark. f ........ !~ was not originally brought up as ................... '~ a public hearing~ due to time con- straints involved. C. Discussion at Planning Co~L[ssion Consensus to .discuss at Committee Meeting re: Calabazas Creek -- of the Who.le Meeting, requesting drain under Saratoga-Sunnyvale Rd. that Santa Clara Valley Water District representative be present. COUNCIL AND COMMISSION 'REPORTS A. Planning Commission Recommen- M/S: Matteoni/Kraus to set the dation to: Rezone from "A" to public hearing for November 1, 1.978 "HCRD" the 17.5 AcresParcel and cons~ Z~nt. ly with the .Portion of APN 366-05-04 Commnly Dlication to with~aw from the Known as.Hall Property and Unit unanimously 3 of Parker Ranch by voice vote. B. Consideration of Letter from Directed staff to' draft letter to City of Adelanto 'Re:. State legislators re: ~'s'~ib'f~'Y~p'~cts Mandated Costs Upon Local of this proposal ~'~the--lOhal level. Government DEPARTMENT HEADS AND OFFICERS A. Director 'of Public Works Re: Transmitted report, dated 9/14/78, Guava Court Walkway Easement recommending closure 'of the facility or full improvement from Guava Court to Fredericksburg Drive. Paul Burket, Transportation Engineer, Public Utilities Commission, recommending .the facility be brought up to stand_ards and posted appropriately. M/S: Callon/Matteoni to expend. $1,000 to improve the crossing from Guava Court to Fredericksburg Drive in conformance with the P.U.C. Carried unanimously by voice vote. B. Director of Public Works Re: Transmitted report, dated' 9/13/78, Bikeways on Prospect Road recommending the staff pursue this matter with County and City of San Jose. Council consensus that this project should move ahead as soon as possible, and requested Mayor to draft a letter to City of San Jose urging partici- pation. 5 - MINUTES - SEPTEMBER 20, 1~78 (Cont'dT.) AGENDA ACTION T=~AKEN C. Report from Director of Inspection Transmitted report, dated 9/20/78. Services Re: Site Approval for M/S: Kalb/Callon .to direct the Single Lots Not Involving a ; Division of Land (conlt'd. ,7~19/78) staff to. work with the ICity Attorney in preparing the necessary ordinance modifications to implementlpolicy. Carried unanimously by voice vote. CITY MANAGER REPORTS A. R~port Re: Clean-up Projects - Transmitted r'eport, dated 8/31/78, Saratoga Community Library rec6mmending specific items for clean-up, not to exceed $4,300. Kalb: Indicated concerns re: ~Corr: Concern ~.. ~'eight of the M/S: Matteoni/Corr to approve the expenditure not to exceed $4,300 : for clean-up expenditures at Saratoga Library as indicated in reporT. of 8/31/78. Carried 4 to 1,~K~lb opposition., B. Form Of City Council Minutes Transmitted report, dated ~/23/78. and Retention of Recordings of City Council Meetings. Council consensus [o approve pro- posed action minutes format, with the exception of public hearings (to contain more subs, tance). Also, to retain tapes for one-year period. WRITTEN COFR'~UNICATIONS 1. Mr. and Mrs. Kenneth Colson, Noted; included as part of file 13851 Raven Court, urging on this matter. . implementation of traffic safety measures on Quito Road at Ravenswood. 2. Mr. John Weir, President, Noted and filed. Arguello Homeowners Assn., thanking Council for action re: crossing guards for Hoover School. 3. Dr. Don Smith, 15135 Via Directed City M~nager to draft Colina, re: appeal of issuance letter to Dr. Smith indicating of variance for tennis court. Council's inability to take action as recommended, and suggesting Dr. Smith communicate with Mr. Perrucci. 4. Ms. Alice Roylance, Cit~ Clerk, Noted and filed. City of Mountain View, re: resolution concerning Municipal CoUrt consolidation. 5. Mr. William Balboni, 19100 Agreed no ~ction could be taken Camino de los Barcqs, requesting re: fence; however, landscaping Council review design plan per- would be restricted at this time. mitting six-foot redwood fence at intersection of Allendale and Camino de los Barcos. - 6 MINUTES SEPTEMBER 20, 1978 (Cont'd.) A G E N D A ~"A-C-{-~ IO~N~-~T-A~-~N 6.' Mr. Russell Crowther, 20788 Noted and filed; City Manager to Norada Court, re: destric.tion respond. of records. 7. Mr. A.T. Roten, President, .Noted; included as part of t.he file Greenbrier Homeowners and Tax- on this matter. payers Assn., re: bike lanes on Prospect Ave. 8. Ms. Sally Price, President~ Noted and filed. League of Women Voters, intro- ducing Gladys Armstrong as representative for City Council Meetings. 9. Maurice Dullea, Chairman - Board M/S: Kalb/COrr to nominate Linda of Directors, Santa Clara Valley Callon as representative and Water District, requesting nomi~ Robert Shook at alternate. Carried nations for North Central Flood unanimously by voice vote. Control Zone Advisory Committee. 10. Mr. Ray Prendergast,'Principal, Noted and filed; City Manager to Hansen School, ~rging Council to respond. provide crossing guards for Saratoga schools. 11. Rev. Msgr. James Maher, Pastor, Noted and filed; City Manager to Sacred tieart Church, re: fundihg. respond. of crossing guards in Saratoga.. 12. Letter from residents of Saratoga Donald Beardsley speaking on behalf re: installation of traffic of petitioners, requesting removal buttons along Quito Road. of traffic buttons. Council conc~nsus to remove buttons 12. Mr. Brian Kelly, appealing City Manager explained that this Planning Commission's approval discusses conditions of the tenta- of UP-360. tive map, which he cannot appeal. Ot~L COMMUNICATIONS 1. Margaret'Denny, Westcott Drive, Directed staff to draft letter re: drainage problems on advising the neighbors they are property. going against approved City drainage plan~ for the subdivision. ACKNOWLEDGEMENT - PUBLIC SERVICE Mayor acknowledged:the following REPRESENTATIVES representatives: Gladys Armstrong, League of Women Voters; Ed Gomersall, Parks and Recreation Commission Barbara Watress, G.G.G. Dick Siegfried, Planning Commissin ADJOURNMENT M/S: Corr/Ka~b adjournment. Carried unanimously. Adjourned at 12:10 A.M. --R e s e c t oertFf. l.u ly_ - 7 -