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Home My WebLink About12-20-1978 City Council Minutes TIME: December 20, 1978 7:30 P.M. PLACE: Saratoga City Council Chambers 13777 Fruitvale Avenue, SaratOga AGEi DA/i.I I NUTES SARATOGA CITY COUNCIL AGENDA ACTION TAKEN I. ORGANIZATION ' ORGANIZATI'ON A. ROLL CALL Present: .Cb~ Kalb, Kraus Absent: Callon, Matteoni (arrived7:35 P.M.) !~, B. MINUTES M/S: Kalb/Cailon approval =, ,I of minutes of December 6, "~ 1978. Carried unanimously by voice vote. II. CO~-~UNICATIONS CO~.~NICATIONS A. ORAL B. IfRITTEN : 1. Cynthia Schwar~z~". Referred to Public Works staff to 19281 San Marcos Road, re- prepare draft resoiution- Meeting ~ questing removal of painted of January 3. ~ lines on Saratoga Ave. ~ -~ ~7\ 2. Sig Sanchez, thanking Noted and filed." ~ City Council for partici- pation in retirement dinner. 3. Willard Lynch, 14260 Requested report.f~0m .Count~ Fire. Lutheria Way, protesting Marshal - Meeting-bf January 3. - Weed Abatement Program. ",'!.' !- III. SUBDIVISIONS, BUILDING SITES, SUBDIVISIONS, BU~LDI~.SITES~' ZONING REQUESTS ZONING REQUESTS "~.~ None. I~. PETITIONS, ORDINANCES, RESOLUTIO~ PETITIONS, ORDINANCES, RESOLUTIONS A. RESOLUTION'886A M/S: Kalb/Corr to.adopt Resglution ~' A RESOLUTION APPOINTING 886A. Carried 4 to-~.by voice vote,, ~ ~ ATTOrnEY - WATER IMPROVEMENT Councilwoman Callon opposed. -~ PROJECT 1978-1 B. SOLUTION 887 v ' A RESOLUTION OF THE CITY OF =~ jL ......... ~7~ ~ji_~l-L .... ~=~ ~s----~-~i'. SARATOGA TO UPDATE THE .~L~_~.. · -j~i~r--=~ :.~!~r=~ :,:.,.,~ SARATOGA HOUSING AND RE- ~ ~ ~' HABILITATION PROGRA}~ AGENDA ACTION TAKEN ~L\"' '~V'.' PETITIONS~ ORDINANCE~'~S6f~I~' ~ PETITIONS, ORDINANCES, RESOLUTIONS B. RESOLUTION OF THE CITY OF COuncil' requested clarification re: SARATOGA TO UPDATE THE --- ---~-=~-~=~=--~-~---~ SARATOGA HOUSING AND RE- ~Z-~o~d~n~i~'.VS~:~=g~0~ NABILITATION PROGRAM i~ra~e~ rda~'~;Ts~g~ste-d. 'wording Provision under City Council Preference that non-resident owner is not to raise rent, except for cost increases Question in III-B to exclude (if vacant or when vacancy occurs). ' Questionqf~"f%fl-~ l~e':~"dhration of the · loan for f8 ConsensUs~o_refer matter to staff for , Cb~n~ i 1 C. RESOLUTION 85-9.40 M/S: Corr/Calb to adopt Resolution 85-9.40. Carried unanimously by A RESOLUTION AMENDING Voice vote. RESOLUTION 85-9.36 AND 85-9 ADDING BASIC SALARY i CLASSES, EMPLOYMENT POSITION CLASSIFICATIONS AND COMPEN- SATION SCHEDULE FOR tI~DLOY~cb~ OF THE CITY OF SARATOGA D. ~DiDfN~YS~i=~!~%~:~U~'~ M/S: Callon/Kalb to introduce SARATOGA AMENDING CHAPTER 9 reading. Carried unanimously by voice vote. OF THE SARATOG, A CITY CODE B~ ESTABLISHING A BUS LOADING ZONE.ON STATE ROUTE 9 - SARATOGA-LOS GATOS ROAD E. RESOLUTION 677-2 M/S: Kalb/Corr to adopt Resolution A RESOLUTION ADDING ADDITIONAj 677-2. Carried unanimously by voice REGULATIONS AND PROVISIONS vote. IN RELATION TO CITY OF SARATOGA'S ELIGIBILITY TO QUALIFY FOR FEDERAL FLOOD INSUtANCE UNDER THE NATIONAL FLOOD INSURANCE ACT 0F1968 F. 'PETITION RE: VILLAGE PARKING M/S: Corr/Kalb to direct the staff DISTRICT NO. 4 to prepare the necessary resolutions pertaining to engineers and attorneys for consideration on January 3rd. AGENDA ACTION TAKEN V. P~B~HEARINGS' PUBLIC HEARINGS A. TO CONSIDER PETITION FOR Mr. Hendrickson, Assistant City CANCELLATION OF CONTRACT Manager, transmitted report, dated FOR LAND CURRENTLY UNDER 12/18/78, re: Calabazas Drainage THE CALIFORNIA LAND CON- Basin Benefit'Zone, as well as SERVATION ACTOF 1965 ~c~pd~t~q~S~ w~thdr. awalo~qf~p~ope~ (WILLIAMSON ACT) - PORTION i'und~i~J~eY~f~liamson Act. OF APN 336-5-4, LANDS OF ~I ~ ~ ~ ~ ......... ~-~ ~ALL 'Cont'd. 11/15/78) !~T~y'SY~8~ed the public hearing at'~8:35 P.M. John Weir, 12343-Arguello, requested the Council continue this public hearing to allow interested citizens to interact-~on this matter. Requested the='~g~k"~j~o~'~rd to state they'¥~=&I~d ~he~'~t~'~eP~[er r Ranch road comes down to the Hillmoor Connection, to loop this out to the I, school property rather than bringing it down to Arguello. Also interested in.removal of houses at the top of the hill. Matteoni: I would like to separate · the connection issue from the ' Parker Ranch. Proper~spot to address that connection is within the Circulation Element of the General Plan. ~in~ ~arro~,~.22600 Mount Eden Roa~: ~The Hall'~0per!ty under state law ~d~'loc~I l&~"has a penalty to be assessed to it if the Council decides in its own wisdom to let it out of the contract~ This is a fair assess- ment as developed by the State Board of Equilization. If the City is actually going to blackmail the Hall property.in order to get something from the Parker Ranch, this is not being fair or equal to the people of Saratoga. There is'a General Plan for the whole community, and each unit is designed to fit into the General .Plan. City has made a deal, andnow has had second thoughts and is coming back, which is not fair. The City should assess the. Hall property. He at one time paid the Flood Control District $1,400 to fix the Calabazas Channel, and everyone who puts a house in pays $300,to $1,000 to fix the channel. AGENDA ACTION TAKEN (Cont'd.) V. PUBLIC HEARINGS PUBLIC HEARINGS A. TO CONSIDER PETITION FOR' I Heber Teerlink, 21810 Mount Eden CANCELLATION OF CONTRACT Road. Assuming it has been estab- FOR LAND CURRENTLY UNDER iished the Cit-y needs this culvert, THE CALIFORNIA LAND. CON- it is now acknowledged ~n page 2 SERVATION ACT'OF,1965 of the staff's report,'paragraph 2, (WILLIAMSON ACT) - PORTION it says "the City has=no real con- OF APN 336-5-4, LANDS OF trol over the acreage outside of HALL 'Cont'd. 11/15/78 the city limitS." This is already 50 perc'ent the City has no control Over. In the following paragraph, it states: "the already developed properties in the basin contribute to the frooding problem as well, but practically, there is no way to compel their participation in the district." He does not see'h~ the City can take 800 out of 2,800 acres, and tell them they have to benefit the other 2,000 acres. It was not the Calabazas that created the flood damage; it was the in- adequate Sewer and drainage system. He suggested a study be made to find out where the real problem is. Kalb: He believes Mr. Teerlink is correct in terms of the specific damage in the Arguello Area, and clearly cannot be traced to the Calabazas Creek. With regard to the culvert under Saratoga-Sunnyvale Road, it is an established fact that as you increase development, you in- crease run-off. The concern on the part of the Council is that as additional development takes place in the hills, this run-off is going to get larger and larger, resulting in more flooding. Mr. Teerlink cormmented he does not believe any evidence can be produced that development in the Mount Eden Valley is going to add to the run- off, and they are'the ones being asked to pay for it. Rather, evidence iS to the contrary. It is clearly established ~fter the first 5-6 inches of rainfall, it all runs o~f. - 4. AGENDA ACTION TAKEN Cont'd.) V. PUBLIC HEARINGS PUBLIC HEARINGS A. TO CONSIDER PETITION FOR Matteoni: Believes the Council is CANCELLATION OF CONTRACT solving a bottleneck problem, and FOR LAND CURRENTLY UNDER not all of Calabazas Creek. This THE CALIFORNIA LAND CON- is why the .City intends to direct SERVATION ACT OF 1965 additional questions to the Water (WILLIAMSON ACT) - PORTION District in an attempt to pursuade OF APN 336-5-4, .LANDS OF them to participate in this cost. HALL (Con'd..ll/i5~78 Bill Heissi Civil Enginee~%~""~'~ t~ f~ h~cus~d~ i~'~th'~'~aff"~eport is applicable to the Parker Ranch. U~n_~e~r !_heTPa~pr p~pp,sa~e~r~f~ ~-"thou~'andi ~fI~d61i~rs/ha~e beeh' spent the project on Prospect Creek. Only about one-third of the Parker Ranch contributes to the railroad bridge. Therefore, he would like to see this benefit spread over the entire area, and off-site allowances be made. Mr. Heiss indicated they are stilll: standing behind their proposal of offering the 3 lots by the eucalyptus grove in exchange for removal of the Hall ranch from the Williamson Con- tract. They would be amenable to any condition that would provide for the removal. They would offer re- moval of these 3 lots with the understanding that the tentative map would not be violated. M/S: Kalb/Corr to continue this hearing to the January 17th meeting of the Council. Requested staff contact the District regarding their particip~i~ in this project, and bring a report back to the Council on January 3rd. B. TO CONSIDER REZONING FROM The Mayor opened the public hearing "A" (AGRICULTURE) TO "HCRD" at 9:13 P.M. THE 17.5 ACRE PARCELPORTION OF APN 336-05-04 CO~MONLY M/S: Kalb/Corr to continue the public KNOWN AS HALL PROPERTY, ANDJ hearing to January 17, 1979. Carried UNIT 3 OF PARKER RANCH unanimously by voice vote. (Cont'd. 11/1/78) 1. Adopt Ordinance'NS-3.43 An Ordinance Amending Ordinance NS-3, the Zoning Ordinance, by Amending the Zoning Map AGENDA ACTION TAKEN V. PUBLIC HEARINGS PUBLIC HEARINGS C. TO CONSIDER AMENDMENT TO The Planning Directo~ transmitted THE 1974 GENERAL PLAN TO staff report, dated November 28, 1978. AMEND THE LAND USE ELEMENT FOR ALL LANDS DESIGNATED The Mayor opened the public hearing "AGRICULTURAL" WITHIN THE at 9:16 P.M. CITY'S URBAN SERVICE. AREAS TO "SLOPE CONSERVATION" Vince Garrod, Mount Eden Road,' to speak on lands outside of the City of Saratoga within the Urban Service Area. He would differ with the Planning Direct~r's statement that there was no agricultural land and no zoned agricultural land in this Urban Service Area. He is the owner of a piece of agricultural land which is'ppecifically zoned as "Agricultural" and is used as agricultural land. He suggested perhaps the staff should draw a good map of where the urban service area is. M/S:.Kalb/Corr to close the public hearing. Carried unanimously by voice vote. Closed publichearing9:20 P.M. - Callon: Clarified that what is · being addressed is when agricultural land comes into the City, it would be zoned HCRD. Kalb: His feeling is the General Plan should reflect the intention of the City before it comes into the City. M/S: Matteoni/Callon to policy statement Cto ih~ General Plan that at the t~me'6'f'~xa~iOn of lands within the Urban Service Area, the appropriate designation in the City of Saratoga's General Plan from a land use element stand- point is "Slope Conservation". Carried unanimously by voice vote. Recess and reconvene VI. BIDS AND CONTRACTS BIDS AND CONTRACTS A. AGREEMENT BETWEEN THE CITY The Cit~ Manager transmitted staff OF SARATOGA WITH WILLIAM .report, dated 12/7/78. COTTON ASSOCIATES FOR ENGINEERINGGEOLOGIC SERVICES K~lb: Suggested the provision for mileage be eliminated. Also, commented that-hourly rate was somewhat out of line. M/S: Corr/Kraus. to approve Contract for Engineering'Geologic Services. Carried 3 to 2, Kalbiand Callon opposed. - 6 AGENDA ACTION TAKEN 'VI. BIDS AND CONTRACTS BIDS AND CONTP~CTS B. AGREE~,~NT BEZ~EEN THE CITY The City Manager transmitted report OF SARATOGA AND WILLIAM dated 12/ll/78,.~ecommending the COTTON ASSOCIATES FOR Council approve execution of this GEOLOGIC MAPPING OF agreement. WESTERN HILLSIDE Council expressed concern relative to the proposed compensation 'schedule, andssuggested the staff solicit competitive proposals for this project, and report on January 3rd. C. REPORT OF BID OPENING ON Continued to regular meeting in SOLAR SPACE NEARING PROJECT January. FOR THE SARATOGA COMMUNITY LIBRARY .VII. CONSENT CALENDAR ~ONSENT CALENDAR A. CROP AGREEMENT FOR CtT~O~qED M/S~ ~tteoni/Corr approval of the PROPERTY - ORCHARD AT Consent Calendar. Carried SARATOGA AVE.ANDFRUITVALEAVE unanimously by voice vote. B.REVISION OFHAKONEGARD~USE POLICY C. REQUEST APPROVAL FOR SECOi~ - ANNUAL CAMINO GREAT RACE D. PAYMENT OF CLAIMS. E. CITY TREASURER'S REPORT F. CITY~.ERK'S FI~CIALREPORT VIII. ADMINISTRATIVE MATTERS ADMINISTRATIVE MATTERS A. MAYOR 1. Announced resignation of M/S: Corr/Kalb to accept the Lynn Belander, Planning resignation of Lynn Belander. Commissioner Carried unanimouslyby voice vote. B. COUNCIL ~CCI~SSIONREPORTS 1. Ca~lon - Board of Super- Matter wa~ continued. Planning visors Meeting re: Kaiser Director to attend January 29th Permanente train useage. meeting. 2. Matteon~ - Advisory Hearings to be held in'each of COmmittee on Excess School the schools concerning excess Sites in Saratoga. facilities being available.at the the end of January. 3L Corr - suggested the Council concurred., Council send a letter to the Friends of Saratoga Library thanking them for their contributions. AGENDA ACTION TAKEN VIII. ADMINISTRATIVE MATTERS ADMINISTRATIVE MATTERS C. DEPARTMENT HEADS AND )OFFIuEMS 1. Report from Director of City MaDager transmitted report Inspection Services Re: dated 12/13/78. Informational only; Evergreen Resource Con- no action required. servation District "208 Study" of the Upper' Calabazas Creek Water Shed 2. Reports from Planning Director Re: · Southeast Saratoga Urban Approved to set for public hearing Service Area January 3, 1979. ~ Reduction of Size of the Callon: Opposed to reducing the Planning Commis'sion from Commission membership, in that 7 to 5 members. larger Commission encourages input from various areas of the City. ~IKa-l-~-: ~ C~nc~'~'d;"~a~reducing the ~-CommiSsion-m,ight~;al-lbw it to be dominated by one personality. M/S: Matteoni/Corr to withhold making appointments to fill the two vacancies for a period not to · ~exceed six (6) months), to allow ! eval{~ati~f' five-member board. '~ied"3~to 2, Kalb and Callon opposed. 3. Report from Director of M/S: Corr/Kalb to continue funding Public Works Re: Crossing for provision of crossing guards Guards through the end of the school year, endorsing the procedure as outlined in staff report dated..12/l'3/78. Carried 4 to 1,i~tteo~'·~pposed. 4. Report from Director of ~i~[~owle~d~B~?fl~e~o~endation .to Community Services Re: ~-~work'Qi~h ~'h~' R~t~-,~RTc~igH."~' --I Request for Lighting at =~f~ion in impremitting access Foothill Park A~ea ~barricade~ 'and to work with the -,, · ~_sghool sife council once the City makes a determination on how' this -' 'is to be dbne.' ~ -- ~ D. CITY MANAGER 1. Report Re: Request by Transmitted report, dated 12/13/78. Jean Ann Lee, Project Directo~ Approved City Manager's recommen- Senior Advocacy Services, dation to indicate support; however, to Establish a Saratoga City staff time is limited to assist Senior Coordinating Council with Council. IX. ADJOURNMENT ADJOURNMENT M/S: Kalb/Corr to adj%urn. Carried unanimously. Adj ourned at 11: 00 P .M. ec itted, Clerk 8