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Home My WebLink About01-17-1979 City Council Minutes MINUTES SARATOGA CITY COU~NCIL TIME: January. L17, 1979 - 7:30 P.M. PLACE: Saratoga City Council Chambers, 13777 Fruitvale AVe., Saratoga, Calif. ACTION TAKEN I. ORGANIZATION. ORGANIZATION A. ROLL CALL Present: Corr, Kalb, Kraus Absent:Callon, Matteoni (arrived 7:35 p.m.)! B. MINUTES M/S: Kalb/Corr approval of minutes. Carried unanimously by voice vote. II. COM~fUNICATIONS COMMUNICATIONS' A. ORAL None B. WRITTEN 1. Cop~ of letter to Gilbert Noted and filed. Gunn, Mayor-Sunnyvale, re: street lighting. 2. Copy of letter to Chief Noted and filed. Ernie Kraule, Saratoga Fire District, from Supt~ Odd Fellows Home, re: quick response 'to alarm. 3. Copy of letter/to Chief Noted and ~led~ Kraule from~Fred Irany, 13937 Pierce Road, re: installation of f~rehydrants on his property. 4. David Ao Ritter, 120 Council consensus not to consider Carlton Ave., #26, re: proposal t~ allow building on 6-month extension of large coherent block areas in Md Tentative Map approval. categories similar to the County. City Manager to respond. 5. Barbara Ulmer, 13004 Noted and filed. Consideration on Paseo Presada, re: variance . Jan..30th'at Adjourned Regular on SDR-1388 (Mas'ek). Meeting re: ~oseph Ma~ek appeal. 6. John A. Brigham, Jr., Noted and filed. COnsideration on 18591 Perego Way, re: West Jan...23rd at public hearing on Valley Corridor Evaluation West Valley Corridor. Study. ' 7. Copy of letter to~tannir Noted and filed. Commission from Mr. Wilson, 20365 Kirkmont Drive, re: proposed racquetball facili~ AGENDA ACTION TAKEN II. COMMUNICATIONS (Cont'd.) COMMUNICATIONS B. WRITTEN 8. Michelle & Joseph Masek, Noted and filed. Consideration on Le Mere Michelle, re: Jan. 30th at Adjourned Regular appeal of Land Development Meeting re: Joseph Masek appeal. Committee, SDR-1388. 9. Rudolph Kanne, 19918 Noted and filed. Consideration on Bonnie Ridge Way, re: Jan. 23rd at public hearing on West Valley Corridor West Valley Corridor. Evaluation. 10. Mr. & Mrs. Stanley Finberg, Noted and filed. Consideration on re: proposed Urban Service Feb~i 7th'continued public hearing Area. re: Urban Service Area. III. SUBDIVISIONS, BUILDING SITES, SUBDIVISION~, BUILDING SITES,. ZONING REQUESTS ZONING REQUESTS A. PLANNING COMMISSION REFERRAL City Manager referenced Planning RE: REZONING FROM RM-3,000 staff memorandum, dated 1/10/79, TO C-C (C-176, Zambetti) recommending referral back'to Planning Commission for review. M/S: Corr/Kalb to refer ~e~uest'. bahk to the Planning Commission for consideration. Carried unanimously by voice vote. IV. PETITIONS, ORDINANCES, RESOLUTION~ PETITIONS, ORDINANCES, RESOLUTI'ONS A. RESOLUTION 892 Mayor read resolution in full. M/S~ Kalb/Callon to adopt A RESOLUTION COMMENDING Resolution 892. Carried unanimously LYNN BELANGER by voice vote. B. ORDINANCE 38.75-3 M/S: Corr/Callon to introduce Ordinance 38.75-3 and waive the AN ORDINANCE OF THE CI~y_.0%,~ ,. reading. Carried unanimously by SARATOGA AMENDING THEq',~!~' ~7 voice vote. SARATOGA CITY CODE, AND SPECIr .... FICALLY REPEALING AND ~I)ING, PORTIONS OF SECTION 9-51 THERE- OF, SE~ING AND ESTABLISHING PRIMA FACIE SPE~D LIMITS FOR MOTOR VEHICLES ON CERTAIN STREETS OF THIS CITY, BASED ~ AN EREINkt~.ING AND TRAFFIC SURVEY CONDUCIEO WITHIN THE LAST FIVE YEARS C. MINUTE RESOLUTION RE: RE- City Manager referenced staff FUND OF SARATOGA WEST VALLEY memorandum, dated 11~2/79, 1 COLLEGE ASSESSMENT 'DISTRICT recommending L~[~d'of"$ '0,816 CONSTRUCTION FUND SURPLUS in the SaratogaI Ca~p'~'s Assessment District Construction Fund surplus to West Valley Joint Junior College District. M/S: Corr/Kalb to approve refdnd to West Valley Joint Junior Coll~ge District. Carried unanimously by voice vote. 2 - AGEND~ ACTION TAKEN IV. PETITIONS,. .ORDINANCES, RESOLUTIONS !~' PETITIONS, ORDINANCES, RESOLUTIONS (Cont' d. ) D. MINUTE RESOLUTION RE: ACTION City Manager transmitted staff ON CITY MANAGER'S REPORT RE report, dated 11/9/78, recommending PARK ~INTENANCE DISTRICT adoption Of Option #3 in the report AND LIGHTING DISTRICT as the means 6f dealing with (Cont'd. 12/6/78 special Park Maintenance and Street Lighting DistriCts in F.Y. 78-79. Councilman Kalb~expressed concern with regard to the precedent this action might set for other lighting districts. M/S~':Co~r/Callon to adopt Option #3 to cease funding at the end of the fiscal year, applicable to mainten- ance only. 'Carried*4.to 1, Councilman Kalb in opposition. V. PUBLIC HEARINGS PUBLIC HEARINGS A. TO CONSIDER THE APPEAL OF The'Mayor .re-opened the public PLANNING COMMISSION DECISION hearing at 7:59 P.M. RELATIVE TO REQUEST FOR VARIANCE TO ALLOW CON- There bein~ no comments from the STRUCTION, OF GARAGE TO audience, M/S:' Kalb/Matteoni PROVIDE A 5 FOOT SIDEYARD close the public hearing. Carried; AND 24 FOOT REARYARD public hearing closed at 8:00 P.M. V-500, CHARLESI_~EGG~p~.~--~ MONTAUK DRIVE,i .~ .~ ~ Matteoni: Inclined to grant the' 1 (Cont'd. /3/79) ...... ~---I_~- ~ variance in View of the layout of the home in relation to the surrounding area. Callon: Feel Planning Com~ission's recommendation for alternative plan would infringe on neighbors' rights more than applicant's~roposal. CouncilpersonS Corr and Kalb were in agreement with the~b6~6~f~ibnsr~ Mayor Kraus: He has difficulty making findings in relation to this variance,~-a~ ~'~odid~ot-~fa~o-~ · ~l~n~ th~setback--into~th'e-si~- y~d~l-~%into the rearyard. M/S: Corr)Callon to grant this · . variance as requeste~, based on the following findings: 1) Practical difficulty or physical hardship ~ Applicant'sI''~ lot is smaller than others in the neighborhood; tDer~0r~_ limited in (~t'ib'~'s'~o~dev~el.opment. AGE'NDA ACTION TAKEN V. PUBLIC HEARINGS (Cont'd. 'PUBLIC HEARINGS A. TO CONSIDER THE APPEAL OF 2) ~xceptional circumstances PLANNING COM14ISSION DECISION Adjacent to common open space RELATIVE TO REQUEST FOR and does not'infringe on neighbors. VARIANCE TO ALLOW'CON STRUCTION OF GARAGE TO 3)/No~':~s:~'~ii~':~'fvilege -~: .... PROVIDE A 5 FOOT SIDEYARD :to~b~ no._qt~er~way to accomplish " AND 24 FOOT REARYARD, what a'~pliCan~Was trying to do. V-500, CHARLESMEGGS - MONTAUK DRIVE, 4) Would n~t infringe on adjacent (Cont'd. 1/3/79) open space, and would act as a noise buffer. Councilman Kalb added~.~ei:gllgwing findings: 5) Option 1 is not practical'from the standpoint. of house con- struction. 6) Option'2 is not practical fn providing the best view of the overall property. The motion was carried/4 to 1, Mayor Kraus in opposition. TO'CONSIDER PETITION FOR ~CityManagertransmit~l~ staff report dated 'CANCELLATION OF CONTRACT '~711~797~e~.~i~ FOR LAND CURRENTLY UNDER !~he ~t~Yf~'~i~stigaEion Dertaini~ THE LAND CONSERVATION ~A~'i ~ ,~o f;id0~ ~d~8{tl~fdv~fe~t~7-'~.- "' ,"0~'[9~5 - PORTION OF ';partiCUlarly in relation to ,: APN 336-5-4, LANDS OF HALL Caiabazas C~eek~and a:lso .~t the:- 'Cont'd. 11/15/78) railroad crossing Further review indic&tes'there is. nob ~h9 way;: LU~:~"~:~he Ci~:~.e~':'% :,, 'i~p~ovemefitS,~w~n~i~/bhe ~eX~ ..':'="' several year;.' ":~ ' .- M~l:.Shook,:D'~r~ctor of Public Works, reported some work was done on Arroyo de Arguello to insure that the water stayed in the pipe system. He further commented~,the Council had pre- !~i~3sl~ given'~'thoEiz~i~to obtain consultant to review the existing system and provide recommendations regarding drainageimprovements. He expects to have this report by the Council's next regular meeting. The Mayor re-Opened the Ipublic hearing at 8:26 P.M. Co{~ncilman MaltC~e~ni ~equested dis- playing an overhead layout of the. subject property. Bill Heiss, Civil Engineer, commented that. work is commencing on spec~if.i_.c__ - 4 - AGENDA ACTION TAKEN V. PUBLIC HEARINGS (Cont'd.) PUBLIC HEARINGS B. TO CONSIDER PETITION FOR design plans on downstream improve- CANCELLATION OF CONTRACT ments. Professor Sycular will soon FOR LAND CURRENTLY UNDER have an interpretation of the con- THE LAND CONSERVATION ACT struction drawings. OF 1965 - PORTION OF APN 336-5-4, LANDS OF HALL Councilwoman Callon: How visible ' (Cont'd. 11/15/78) are the~[~o ~mes'~ext to the three t~+ a~' ~elled out from the public view? Mr. Heiss ~eplied-they are much less visible because of the natural vegetation. Also, these homes are much lower and removed from the euCalyptUs area. Dora Grens, 13451 Old Oak Way, asked howmany homes this would take the plan down to. Mayor Kraus replied 95 homes. Mrs. Grens indicated Chief Kraule had made a statement to Barbara Stauffer that 95 would be the utter maximum. the Fire District could cope with~ and requested this be verified with the Fire Chief. Councilwom~n C~Ir0~'~i~dicated~ she had received a~ai~ f~o~'Mf~"Weir representing the homeowner's group, .... requesting the Council not close /the public hearing this evening. It was the consensus of the ~ouncil there has been ample time!~io' '~ provide input on this matter. FuSlic' heafi~n~.~ "C~ied unanimously. The public hearing was closed at '8:35 P.M. .' Councilman Kalb: Could the City require that the whole parcel come out of the Williamson Act. Vicki Rudin of the Planning Staff replied she believes this would lose the linkage -- the remaining parcels under Williamson Act would not be contiguous in any way. Ha~l has a total of 25o19 acres, and proposing to take out 17, which leaves 2.5 acres. PUBLIC :HEARINGS .(Cont ' ~ ) PUBLIC HEARINGS B. TO CONSIDER PETITION FOR Councilman Kalb: Two t~ings he CANCELLATION OF CONTRACT would like to see accomplished: FOR LAND CURRENTLY UNDER 1) improve the v~sual impact; and THE LAND CONSERVATION ACT 2) l~fov~'77t~6~'sibi~'~f~:f~ol~g the OF 1965 PORTION OF ~w~_~ob~ns~ the~a~ ~hi ~ ~he~e~s an 1 APN' 336-5-4, LANDS OF HALL, Rg~'e~'~'~fF6~'~dgCei0~r' to (Cont'd. 11/15/78 put some money into the kitty -- we don't know what to do with it. He would like to take the developer up on that part of it, reserving some rights f6r the money. Councilman M~tteoni: He would differentiate between the project as a whole and the property of Hall, with regard tothe Williamson Act, and try tocome up with some fair extra assessment against that over and above the penalty fees for re- lease early from the Williamson Act, as opposed to spreading it across 95 to 98 lots. Councilwoman Callon: Inclined to stay with not allowing cancellation at this time. M/S: Kalb/Corr to direct the ~taff to prepare a resolution to include all the necessary amenities to eliminate those three lots, with some direction as to how to reserve the financing with the developer. Further, request from staff a report re: the 2~ acre triangle. Councilman Matteoni suggested wording in resolution, as follows~ "Cancellation be subject to condition of deletion of three building sites, to protect and enhance scenic beauty and visual impact of the eucalyptus grove and its knoll. Motion carried 4 to 1, Councilwoman Callon in opposition.. C. TO CbNSIDER REZONING FROM ~ The Mayor Opened the public hearing "A" TO "HCRD" THE 17.5 ACRE 51 at 9:02 P.M. PARCEL PORTION OF APN 336-05- .04 COMMONLY KNOWN AS HALL M/S:: KalbZCorr to continue the PROPERTY, AND UNIT 3 OF pubtic hearing to the next regular PARKER RANCH (Cont'd. l~/lZj8) meeting of the Council. Carried unanimously by voice vote. D. TO CONSIDER THE APPEAL OF PLANNING COMMISSION DECISION ° Appeal withdra~a by applicant. RELATIVE TO INCONSISTENCY WI~ THE GENERAL PLAN° SDR-1358, VICKORY AVE. AND LIRA DRIVE EXTENSION 6 AGENDA /' ACTION TAKEN VI~' BIDS AND CONTRACTS BIDS AND CONTRACTS A. REPORT OF BID OPENING ON Continued to February 7th City SOLAR SPACE HEATING PROJECT Council Meeting. FOR THE SARATOGA COMMUNITY' LIBRARY (Cont'd. 12/21/78) VII. CONSENT CALENDAR CONSENT CALENDAR A. AUTHORIZATION TO CALL FOR M/S: Corr/Kalb to approve the BIDS - THREE OAKS WAY Consent Calendar with the exception IMPROVEMENT. PROJECT of item "D". Carried unanimously. B. AUTHORIZATION OF AGREEMENT BETWEEN CITY OF SARATOGA ~.t7 AND SANTA CLARA COUNTY FOR RIGHT~OF-WAY ACQUISITION QUITOjPOLLARD INTERSECTION IMPROVEMENT PROJECT C. CONSTRUCTION ACCEPTANCE - JAMES DAY/SOBEY ROAD AT EVANS LANE D.FINAL MAP APPROVAL - TRACT 6508 Adopt Resolution 890, A Resolution Approving Final Map E. Payment of Claims F. City Treasurer's Report G.City Clerk's Financial Report VIII. ITEMS CONSIDERED SEPARATELY ITEMS CONSIDERED SEPARATELY A. FINAL MAP APPROVAL - Councilman Kalb inquired if normal TRACT 6508 procedure to approve final map prior to conditions being met. Director of PUblic Works explained that frequently items expected to be received prior to the next Council Meeting, and approval only becomes final upon receipt of re- quired bonds.and encroachment permits. Resolution provides these conditions. M/S: Kalb/.C~adoption of Resolution 890. Carried 4 to 0. Kraus: Abstained. IX. ADMINISTRATIVE MATTERS ADMINISTRATIVE MATTERS A. MAYOR 1. Re-appointment of Planning M/S: Matteoni/Corr to approve the Commissioner (~r~year re-appointment of Gene Zambetti to the Saratoga Planning Commission. Carried unanimously. 7 AGENDA ACTION TAKEN IX. ADMINISTRATIVE MATTERS (Cont'd) ADMINISTRATIVE MATTERS B. COUNCIL & COMMISSION REPORTS 1.{.Kraus-.EliminationS'i,, Council consensus to continue to ~.'C'.~'. ........ ' = support I.C.C. 2. Matteoni - Requested City Manager advised he would have staff provide background data for the Council next Tuesday information relative to evening. sale of Arco property prior to meeting on January 30th. C, DEPARTMENT HEADS AND OFFICERS 1. Director of Public Works Reported State's willingness to Re: Signal at Brandywine create signal at Blauer Avenue, in and Pierce. leiu of Brandywine, subject to re- ceiving approval from shopping center owner re: creation of island, and also, left-turn prohibition. Council indicated concurrence. D. CITY MAHAGER .1. Report Re: Response from City Manager transmitted staff Fire Marsharon appeal by memorandum, dated 1/11/79, Willard Lynch concerning recommending upholding City's Weed City's Weed Abatement Pro- Abatement Program, and denial of gram. appeal. Council donsensus to uphold recommendation as outlined. X. ACKNOWLEDGEMENT - PUBLIC GROUP ACKNOWLEDGEMENT - PUBLIC GROUP REPRESENTATIVES REPRESENTATIVES Mayor acknowledged the following: Gene Zambetti, Planning Commission Gladys Armstrong, League of Women Voters Sally Carlson, G.G.G. XI. ADJOURNMENT ADJOURNMENT M/S: Callon/Matteoni adjournment. Carried. Meeting adjourned 9:50 P.M. Respectfully submitted, clerk