HomeMy WebLinkAbout11-24-1978 City Council Minutes MINUTES
SARATOGA CITY COUNCIL
TIME: Friday, November 24th, 1978 - 8:00 A.M.
PLACE: CrisD Conference Room, 13777 Fruitvale Avenue, Saratoga, Calif
TYPE: Special Meeting
I. ORGANIZATION
A. ROLL CALL
Present: Councilmen Kraus, Corr, Kalb, & Matteoni
Absent: Councilwoman Callon
RESOLUTION 885 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA ACKNOWLEDGING EXECUTION OF JOINT EXERCISE
OF POWERS AGREEMENT AND COOPERATION AGREEMENT PURSUANT TO
TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF
197~, AS AMENDED
The City Council after hearing a review of the Joint Powers
Agreement and its minor modifications from that previously
entered into between the City and the County approximately
a year ago moved to approve the Agreement.
It was moved by Councilman Matteoni, seconded by Councilwoman
Corr to approve to adopt Resolution 8851adopting the Joint
Powers Agreement. Motion carried unanimously,
The meeting was adjourned at 8:15 A.M.
Respect submitted,
PLACE: _'oga . c h
137/7 Fruitvale Ave., Saratoga
.,%'*G E N D ,;A';Z .,'! I N U T E S
SARATOGA CITY COUNCIL
AGENDA ACTION TAKEN
I. ORGANIZATION
A. ROLL CALL
Present:Callon, Corr, Kalb,
Kraus
Absent: Matteoni (arrived
7:35 P.M.)
II. SPECIAL BUSINESS SPECIAL BUSINESS
Appointment to Parks and City Clerk administered Oath of
Recreation Commission Office to Ron Hills for term to
August, 1982.
III. CONSENT CALENDAR CONSENT CALENDAR
A. CONSTRUCTION ~CCEPTAN~E Mayor Kraussugges'ted removal of
· . Tract 5922, Eldridge Kunkel item 5.
AsSociates, Chester Avenue
M/S: Corr/Kalb apDroval of the
B. FINAL ACCEPTANCE =. t Calendar., minus item 5.
Carried unahimously by voice vote.
1. SDR-1167, Dennis Bryan,
Bella Vista Avenue
2. SDR-1244, Luciano Iacomini
Hillt6p
3. SDR-1301, Frank Horvath,
Blue Gum Court
4. SDR-1164, Jim Day,.
Douglass Avenue
· Adopt ResolUtion
36-B-185
- 1 -
CON,SENT CALENDA_.R _(Cont' d) j- CONSENT CALENDAR
5. TRACT-5461, Cocciardi, Mt.
Eden Court
· Letter Agreement to
Reconstruct Distress
Portion of Road
· Adopt Resolution 36-B-184
C. EXTENSION OF AGREEMENT WITH
SYSTEM DEVELOPMENT CORPORATION
RE: SOLAR SPACE HEATING DEMO
PROJECT TO JANUARY 1979
D. RESOLUTION 884 - A RESOLUTION
OF THE CITY COUNCIL OF THE CITY
OF SARATOGA CHANGING THE ORDER
OF BUSINESS FOR CITY COUNCIL
MEETINGS.
E. MINUTE RESOLUTION APPROVING
REQUEST TO TEMPORARILY COVER
"NO PARKING" SIGNS NEAR 14085
TAOS DRIVE, DECEMBER 13th
F. PA~ENT OF CLAIMS
G. CITY TREASURER"S REPORT
H. CITY CLERK'S FINANCIAL REPORT
IV. ITEMS CONSIDERED SEPARATELY ITEMS CONSIDERED SEPARATELY
A. TP~CT 5461, Cocciardi, M/S: Kraus/Kalb approval of final
Mt. Eden Road acceptance. Carried unanimously
by voice vote.
IX. ADMINISTRATIVE.MATTERS ~(taken out of ADMINISTRATIVE MATTERS
order)
A. MAYOR Proclaimed Thrusday, November 16,
1978 as "No Smoking Day" in Saratoga
IX. ADMINISTRATIVE MATTERS (Cont'd.)' ADmiNISTRATIVE MATTERS
B. COUNCIL AND COMMISSION REPORTSj
1. City CouncilReportRe: Denied request; directed Planning
Consideration of Request by staff to check'.landscaping plans
Ernest T. Barco Re: Site to make sure they are of a low
Distance Problem at Camino variety.
Barco and Allendale Ave.
C. DEPARTMENT HEADS AND'OFFICER~
1. Reports from Director of
Public Works Re:
· Request for foot passage Staff directed to cormnunicate
from Brookwood Lane again with Cal-Trans; also to
acro'ss Saratoga Creek investigate tying improvmeent
Bridge along Highway 85 into the undergrounding project;
~additionally, investigate utili-
zation of County Pedestrian
Bicycle Funds for such project.
· Petition from residents DirectOr reportedwarrants for
on Hill Avenue and Bonni~ this location are not met. Council
Brae concerning install- ~concurred in.alternate solution of
ation of stop signs at double yellSW centerline striping.
Hill Ave. and Bonnie Brae Further requested of staff to
Lane investigate "slow down" reflector
'sign and report back to Council.
VII. PUBLIC HEARINGS PUBLIC HEARINGS
A. TO CONSIDER APPEALS RE: City Manager advised D~ matters
TENNIS COURT VARIANCE APPROVAL, ~ a~'continued from SeptemBer 6, 1978,
~' which time~_hearing de novo~h ~h~
15175 VIA COEINA (V-491) - Heari~ j~items'to'~conS0~id~t~dand a m~eting--~'
de Novo
1. Appeal of conditions 1 and 2 Mayor opened the public hearing
for variance approved at 8:08 P.M.
August 9, 1978 - J.P. Perrucci
Frank Testa, Attorney representing
2. Appeal re: Issuance of Mr. Perrucci, advised building
variance for tennis court - permit issued for construction of
Don R. Smith, D.D.S tennis court in November, 1973.
Several months later, electrical
permit was requested and paid for.
Electrical permit issued and light
standards constructed.
Alternative solution has been~'-
suggested~>-- that being rather
than removal of light'standards
altogether,.the two standards on
the south portion of property re-
main as there is no variance for
removal as they are legal.
Mayor Kraus asked ~or clarification
relative to legality Of these two
standard~ to'the south.
Mr. Testa: A ~heck is dated
February 4, 1974 from Mr. Lewis of
Lewis Electrical for the permit.
co t'd.)
~II. PUBEIC HEARINGS PUBLIC HEARINGS
A. TO CONSIDER APPEALS RE: Mr. Testa (Cont'd.
TENNIS COURT VARIANCE APPROVAL,
15175 VIA COLINA (V-491 Electrical permit appears__to have
Hearing de Novo been originally
1974 -- apparently later'.issue~'
in 1975, which Dermit called for
',~ ~{~[u~~. ~'~? There are
m~i~'0n the ~la~ of the City;
however, these are not dated.
Mr. Perrucci's position is that
the light standards to the south
be reduced to a height of 15 feet.
The light standards to the north
either be reduced or left at the
present height as they do not
glare into anyone's yard.
Over a period of 5 years, only
one individual who has had any
problem with the lightS.
Mayor Kraus~q~nm~Id'[~.i'-~otation
on bottom of plans:"'lfghts are
not approved."
Mr.. Testa pointed out a circle
around one of the standards that
indicates this. However, the two
standardson the bottom of plans,
notation indicates "0 K"
Councilwoman Corr: On application
for electrical'~permitI~indicates a
double fee was charged for
commencing work before the permit
was issued~
Mr. Testa: Records of City will
indicate a check was received
from Mr. Lewis on February 4, 1974.
In conclusion, Mr. Perrucci would
not have major objections to
removal of lights and landscaping.
Pointed out the application for
variance only Irelares to two light
standards on the north side of
property.
Fran Crandall, 15150 Via Colina.
Indicated from her kitchen, she
looks directly across over the
fence into the tennis court.
She has no objection to the lights,
and feels young people should be
allowed to use the tennis court.
Don Smith, 15135 Via Colina.
~'~.? No objection to a tennis court.
!, ~-~ Only objection is toconditions
the tennis court is existing under.
- 4 -
~(Cont'd.)
VII. PUBLIC HEARINGS PUBLIC HEARINGS
A. TO CONSIDER APPEALS RE: I Dr. Smith (Cont'd.)
TENNIS COURT VARIANCE APPROVAL. ~? Reported that he had kept recording
15175 VIA COLINA V-491) -
Hearing de Novo of the time the lights were left
on over a 14-day period. This was
as follows: 12 evenings past 9:30,
7 times past 10:30. Also, his
bedroom'is only 25 feet from the
tennis court andl0 feet from his
property line. Stated the view
from his front yard is overwhelming.
Inquired what reason for a
variance could there be --certainly
not a hardship -- for someone
possessing over B acres of property.
Requested the City's fair con-
sideration.
Mr. Testa: Inquired if Dr. Smith
is asking that the tennis court
be removed entirely.
Dr. Smith: This is not being
requested, as long as certain
conditions are met. He had
written a letter to Mr. Testa
suggesting that the elevation of
the fence line ~e lowered to 6
feet, back to 20 feet from the
property line, and a temporary
fence erected during the time
tennis is being played.
Mr. Testa: Dr. ,Smith's bedroom
is an add-on over the garage,
which has increased the elevation
of his property .creating the
problem of the glare'. Pointed
out there is no application for
variance for the tennis court
itself -- only problem which
exists is the light standards to
the north of the property and
one portion of fencing.
'Stan Marshall, Saratoga Planning
Commission. Clarified that
exhibit earlier referred to con-~
tains 2 sets of markings -- one~w~.~hh
initials "T.U." made following
inspection of the property.
Important signatures are at the
bottom, indicating "Approved for
Planning Nov. 1, 1973" signed
Charles'A. Rowe. He circled "30
foot light standards with glare
shield lights are not approved".
Every record found indicates
the lights were installed by the
applicant.either.ignoring that
statement or without knowledge
of it. Further pointed outmthe
approvalsbeing appealed conditions
that all 4 standards be removed.
(Cont'd.)
VII. PUBLIC HEARINGS PUBLIC HEARINGS
A. TO CONSIDER APPEALS RE: Dr. Smith: Pointed out that his
TENNIS COURT VARIANCE APPROVAL bedroom is not over the garage
Hearing de Novo as indicated by'Mr. Testa.
Councilman Kalb: Electrical per-
mit indicates 8 light fixtures.
No height requirement indicated.
Inquired if this permit serve
.as a "license" to install fixtures.
Don Wimberly, Director of Inspection
Services, reDlied the application
for electrical permit is. made
strictly for the fixture without
regard to legitimacy of zonin~
M/S: Matteoni/Corr to close the
public hearing. Carried. Public
hearing .closed at 8:30 P.M.
M/S: Corr/Kalb to uphold the
Planning Commission's decision
relative to conditions of this
variance, and deny the
J. P. Perrucci~and~YD~S~ith.
y- C~{~!~---~u~t~'b-y~
B. TO CONSIDER APPEAL OF City Manager pointed out two items
PLANNING COMMISSION DENIAL OF of correspondence~telative to~this
5023 - 15168 PIEDMONT DRIVE ~.=__The=pe~c~i~Ti~=t~iedmont_
(GEORGE LAMPROS) Cont'd. 11/1) Mendelsohn Group (opposition).
· Ms. Barbara Anne Carbajal,
14180 Piedmont RoadS(opposition.
Mayor opened public hearing at
8:37 P.M7
There being no comments from the
audience, M/S: Kalb/Matteoni to
close the public hearing. Carried.
Public hearipg closed at 8:38 P.M.
Council concensus that excess
grading on requested tennis court
site and misuse of this piece of
land.
MZST:. Callon/Kalb to uphold the
Planning Commission decision and
deny the. appeal, without prejudice,
and await further action by the
applicant. Carried unanimously
by voice vote.
C. TO CONSIDER APPLICATION OF Mr. Robinson, Planning Director,~
SARATOGA ASSOCIATES TO REZONE transmitted~f~'~R6Y[~e~
REAR PORTION OF PARCEL ADJACENT 10/11/78, r~cSf~h'dzi~D~'ov~l
TO ARGONAUT SHOPPING CENTER, of proposed rezoning, with a state-
SOUTH OF CITY-OWNED. PROPERTY AT ment that City'wishes to enter
COX AVENUE (APN 391-3-282) into negotiation for the 2.25 acres
for purpose of senior citizen housing.
~(Cont~ d. )
VII. PUBLIC HEARINGS PUBLIC HEARINGS
C. TO CONSIDER APPLICATION OF ~ The Mayor opened the public
SARATOGA ASSOCIATES TO REZONE hearing at 8:56 P.M.
REAR PORTION OF PARCEL ADJACENT
TO ARGONAUT SHOPPING CENTER, Jerry Kosier, 12855 S. Highway 9,
SOUTH OF CITY-OWNED PROPERTY AT opposite proposed development.
COX AVENUE (APN 391-3-282) Primary concern is the traffic.
Formally before the Council with
a presentation~ Since then he
~ has followed up with the State,
the Stat~ has notified the City,~
-they have made a study and a
~ proposal. He is objecting to
the determination of Brandywine
being .the site of the traffic
light. From Cox to Pierce Road
is 325 feet. From Pierce Road to
Brandywine is .110 feet -- another
intersection. Going to the east
side, from Cox to the application
entrance way is approximately 350
feet, and from the applicant to
the Safeway entrance is 250 feet.
From Safeway to Blauer Drive is
320 feet. If taking the average
of cars, 16 feet, and divide it
into the number of feet from Cox
to Blauer, this would total 59
cars. If light were installed at
Brandywine and. 59 cars.'being
parked in that area, result will
be same condition as Blossom Hill
and Almaden, the same condition as
on 13th Street.and Old Oakland
Highway. Therefore, Sta~e did not
give much thought as to taking
care of the residents rather than
the 'shopping center.
.From Blauer Drive to Thelma is
3/10 of a mile, and the light
from Blauer to Reid is 9/10 of a
mile. No interrupted traffic from
Reid to his proposed Blauer light.
If the light is at Brandywine and
Cox, there will be a bottlenedk
that will makeus swim.
Recommend that City get back to
the State and indicate it agrees
that Blauer and Brandywine are
good (prefer Brandywine); however,
it is the City's choice to ask
for Blauer for the reasons stated.
Further, the roller coaster from
Thelma to Blauer is in 3..stages
of.~0=fo~t sections. In the'
Argonaut area, there are 300 houses,
approximately 600 cars on that side.
Brandywine has only 50, approximately
100 cars. Therefore, City should
be able to convince State to put
light at Blauer where it does the
most good and not for commercial
venture.
=(Com ' d. )
VII. H RINq PUBLIC HEARINGS
C. TO CONSIDER APPLICATION OF ~ Mildred Gordon, Blauer'Drive.
SARATOGA ASSOCIATES,TO REZONE Concerned about rezoning of rear
REAR PORTION OF PARCEL ADJACENT par~e.1, at least until a final
TO ARGONAUT SHOPPING CENTER, decision is made whether the City
SOUTH OF CITY-OWNED PROPERTY AT should purchase this parcel for
COX AVENUE (APN 391-3=282 senior housing. This might in-
crease cost of the property.
Director of ~ublic Works comment
re: State's ~etter. It is not
quite true that State has indicated
signal is warranted both at
Brandywine and Blauer -- only one
warrant met at Blaher, and two
warrants met at Brandywine entrance,
and from Statels point of view,
signal is not warranted unless
there are two of. the warrants
completely satisfied. Second
warrant at Blauer is only 8 percent
satisfied; therefore, recommen-
dation is for installation at
Brandywine intersection.
M/S: Kalb/Corr to close the
public hearing. Carried. Public
hearing closed at 9:06 P.M.
Kalb: Questioned whether the land
could be conditioned for senior
citizen development or not.
Matteoni: Suggested requesting
-information from HUD re: timetables,
etc.
Corr: Would prefer to continue
the matter until Council makes
a decision on use of land.
M/S: Matteoni/Kraus to grant
the request for rezoning and
introduce ordinance changing
designation on the property to
"C-V", on the condition'that the
property only be used for condo-
miniums, and reading waived.'
Motion carried 3 to 2, Corr/Kalb '
in opposition.
Inclusive within motion: Direct
staff to prepare proper form of
re-classification ordinance.
K~l~,'-,:.~Requested staff be directed
to' evath~[ej~l~e~aeive~ of pur-
ch~'i'~'~'h~'i~nd.' City Manager
to obtain appraisal along with
requested information.
VII. PUBLIC HEARINGS ~l PUBLIC HEARINGS
D. CONSIDERATION OF THE CITY City Manager recommended that
OF SARATOGA COMMUNITY DEVELOP-i the Council close the public
MENT PLAN FOR 1979-82 (FOR hearing and o~tline priorities
RECEIPT OF FUNDING UNDER THE in a general category.
HCDA) (Cont'd. 10/18
Mayor opened the public hearing
at 9:28 P.M.
Virginia Wyand, resident, and
employee with Information and
Referral,commented she has been
very interested in low income
and senior housing because in her
work, this is a constant request.
Few apartments for rent, and no
where for someone on fixed income
to live in this city.
Richard Gregory, representing
Grey Panthers of Santa ClaraCounty.
Two requests: 1) City set aside
$167,500 for each of the program
years for landbanking. 2) City
use about $7,700 over 3 years to
help fund the Housing Development
Corporation for Santa Clara County'
which is in the process of being
developed. Concept of Housing
Development Corporation was
recommended by the Housing Task
Force of Santa Clara County~
in that low and moderate housing
is not being built as it should be.
Kraus: Concern is that he sees
in the Housing Development Corpor-
ation Budget a total of $75,000,
$6,000 of which is for architects'
fees and the rest for salaries.
Kraus: Inquired who the Corporation
would report to.
Mr. Gregory: .I't would be a non-
profit organization with a Board
of Directors.
Corr: Inquired if purpose would be
to seek other nonyprofit groups to
fund housing.
Mr. Gregory: Partially. To pro-
vide technical assistance to church
groups who would like to develop
housing, butneed help to get ~.
through the red tape.
Mildred Gordon, Sdcial '~s ~As~es~-
expressed concern that City is
not using landbankfng. Value
of land is going up, fewer sites
available. Urge Serious action
to use'landbank .funds.
(cSn ' d. )
=VII. PUBLIC HEARINGS PUBLIC HEARINGS
D. CONSIDERATION OF THE CITY P M/S: CallonTKalb to close the
OF SARATOGA COF~UNITY DEVELOP- i' public hearing. Carried. Public
MENT PLAN FOR 1979-82 (FOR i. hearing closed at 8:40 P.M.
RECEIPT OF FUNDING UNDER THE !~']
/k oHCDA) (Cont'd. 10/18) Council concensus to direct City
~ ' , Manager to prepare proposal,
f
· , putting emphasis on areas o:
~-~ o archi[e~6~l!barriers_ fop'-
, '--handicapped.
. · landbanking
· Community Center Multi-purpose
Room addition for use by elderly
i · HakOne Garden~ improvements
u (explore declaring as "historical
sitey)
This p~oposal will be considered
· ~ ' - on December 6, 1978.
E. TO CONSIDER PETITIONsFOR M~yor.referred to letter from
CANCELLATION OF CONTRACT FOR Bill HeiS's, Civil Engineer,
LAND CURRENTLY UNDER THE requesting this matter be
CALIFORNIA LAND CONSERVATION continued. No opposition; the
ACT OF 1965 (WILLIAbISON ACT) matter was continued to December 6th.
PORTION OF APN 336-5-4 (LANDS
OF HALL)
F. TO CONSIDER REZONING FROM "A' The Mayor opened the public-hearing
(AGRICULTURE) TO "HCRD" THE ll.'~ '~ at 9:45 P.M.
ACRE PARCEL PORTION OF APN'3~-5~ ,'
COMMONLY KNOWN AS HALL PROPERTY M/S: Kalb/Corr to continue the
AND UNIT 3 OF PARKER RANCH public hearing, to December 6, 1978.
(Cont'd. 11/1/78) Carried unanimously by voice vote.
Recess and reconvene
VIII. ADMINISTRATIVE MATTERS (Cont'd. ADMINISTRATIVE M~TTERS
B. COUNCIL AND CC~%SSION:REPORTS
'1. City Council Report Re: Council~C~C~.~ ~6 d~C'*k ,
Consideration of Request by. staff to~ah~"i~s~ing-prans
Ernest T. Barco Re: Site ' for this corner to make sure
DiStance Problem at'Camino they are of a low variety.
Barco and Allendal'e Avenue
(Cont'd. 11/1/78)
D. CITY F~NAGER
'1. Report Re: Request from Council concensus to hold this
Saratoga Union School Dist-jic~ request in abeyance and'evaluated
for Paid Crossing Guard at along with other:School crossings
Corner of Lynde Avenue and at the end of the year.
Reid Lane
IX. COMMUNICATIONS COMMUNICATIONS
A. WRITTEN
1. Diana Daane, 13749 Inform~',architect re: complaint:
Lexington Court, re: federalb SuggesEed project be re-evaluated
subsidized apartments on Cox following'improvements.
Avenue.
IX. COMMUNICATIONS (Cont'd.) COMMUNICATIONS
2· Dr. and Mrs·John Noted and filed; City Manager
Haleblian, 12044 Saraglen to respond·
Court, commending City
Council re: bike lanes on
Prospect·
3. Mr. & Mrs. Douglas Noted and filed; City Manager
Cheeseman, 20800 KittrUdge to respond·
Road, requesting City parti-
cipation in building bird
sanctuary in Saratoga·
4. Arnold Loe, President, Noted and filed; City Manager
Good Government Group,-urging to respond·
CityCouncil continue its policy
re: use of Housing and.
Community Development funds'
for senior citizen housing.
5. Betty Hangs, Executive % Noted and filed; City Manager
President, Santa Clara to respond
of CommerCe, re:
6· James Elliott, 13399 Via Noted ahd filed; Code Enforcement
Arriba Drive, urging the Officer to follow up.
City Council adopt an ordin-
ance limiting noise level
allowable from swimming
pool pump/motors.
B. ORAL
1. Stan Marshall, Saratoga
appeal. '
2. Councilwoman Call0n - Ci'ty Manager advised City is work-
Comments re: debris and ing with State legislatures re: provision
weeds on Cox Avenue. ' of mechanism for formation of assessment
district.
3. Councilman Kalb - Public Works Director to bring
Commented re: backed up this to the attention of the
traffic condition in left State.
turn lane from Saratoga-
Sunnyvale Road to Prospect.
C. ACKNOWLEDGEMENT Mayor acknowledged attendance of
public group representatives:
Gladys Armstrong, League of
Women Voters
Rudolph Kanne, Good Government
Group
Start Marshall, Saratoga Planning
Commission
X. ADJOU~ENT M/S: Kalb/Corr adjournment.
Carried. Meeting adjourned 10:35 P.M.
(" 1 bmitted,