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HomeMy WebLinkAbout03-07-1979 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, March 7, 1979 - 7:30 P.M. PLACE: Saratoga City Council Chambers, 13777 Fruitvale'Ave., Saratoga, Calif. TYPE: Regular Meeting AGENDA ACTION TAKEN I. ORGANIZATION ORGANIZATION A. ROLL CALL Present: Callon, Corr, Kalb, Matteoni, Kraus Absent: None. B.- MINUTES Corr: Correction to February 7 · minutes, pg. 18, re: ' action to re- tain the corridor, etc. CouncilWoman Corr did not second this motion, and minutes should be changed to reflect M/S: Callon/Kalb to retain the corridor, etc. Kraus: Correction to February 13 minutes, pg. 2, to indicate motions carried 3 to 2, with Corr and Kraus in opposition. M/S: Kalb/Corr to approve the minutes 6f February 7, 13 and 21, as corrected. Carried unanimously. ti. COMMUNICATIONS COMMUNICATIONS - A. ORAL 1. ~i~o~._'~Savage, Vice Acknowl·edged invitation. Chai~an, Saratoga Drama Group, extending invitation to Dress Rehearsal to City Council. B. WRITTEN 1. Gary Voecks, Assistant No actio~ taken. Clerk, Board of Super- visors, re: notification ' and correspondence be- tween city an~] town councils and the. Board of Supervis ors. AGENDA <.y . ACTiON'TAKEN B. WRITTEN COM}~NICATIONS (Cont'd.) 2. John Perkins, Attorney Acknowledged as part of discussion for Saratoga Vista II, re: on Agenda Item IV-A. City Manager Southeast Saratoga Urban to respond. Service Area. 3. David Parry, Mayor, ' i Directed staff to provide analysis City of Arcadia, re- re: affect of this law s~it on questing City of City of Saratoga. Saratoga's financial support re: upcoming law suit. :.Noted and filed. 203[7' Biauer -D~{~','i~b mitting resignation as a member of the Saratoga Library Commission. 5. Petition in support of Noted and filed. proposed protection of Route 85 corridor, and development as a freeway or multi modal corridor. 6. Mr./Mrs. Craig Roberts, Referred to Public Works staff 18867 Ten Acres' Road, re- for report back to Council with- questing the City take in 30 days. City Manager to corrective action re: respond. intersection of Chester Avd. and Ten Acres Road. 7. Carmen Jordan, 18873' Acknowledged as part of discussion McFarland Ave., expressing on Agenda Item V-B. City Manager opposition to rezoning of to respond. 10 acres of land on Saratoga Ave. between Cox Ave. and McFarland Ave. 8. Eugene Zambetti, ',-- · ACknowledged as part of discussion' recommending approval on Agenda Item III-B. City Manager of Jos.eph Masek project. to respond. 9. Douglass A~ams, Acknowledged. Comments heard 14363 Saratoga. Ave., re- as part of discussion on Agenda questing to speak on Item III-B. City Manager to respond. Joseph Masek appeal. III. SUBDIVISIONS, BUILDING SITES, SUBDIVISIONS, BUILDING SITES, ZONING REQUESTS ZONING REQUESTS A. CONSIDERATION OF REQUEST :M/S~YCoZr/GI'iBB'~'~'d~ant Con- BY MARIE ROSE GASpAR TO' ~{eiSHal'~fn~l'M&~ AD~oval for EXTEND CONDITIONAL FINAL a period of 90 days,.Dased on MAP APPROVAL (TP~CT 5929) staff report, date4 3/1/79~ and specific findings that: - 2 - AGENDA Q~ACT_ION_TAKEN7: SUBDIVISIONS, BUILDING SITES,.~ SUBDIVISIONS, BUILDING SITES, ZONING REQUESTS (cont'd.) 'ZONING REQUESTS A. CONSIDERATION OF P~QUEST Said development was delayed con- BY MARIE ROSE GASPAR TO siderably due to Council deliber- EXTEND CONDITIONAL FINAL Tations on HCD'Ordinance; MAP APPROVAL (TRACT 5929) lapplicant ran into difficulty in forming the proposed Water District; :there would be no different results today if an application were to be processed at this time. jThe motion carried unanimously. B. APPEAL BY MR. JIM ROSENFELD ~he Council acknowledged the letter 'OF LAND DEVELOPMENT '78f'M~.' Dohgl~'~'~aams, dated DECISION ON SD=1338, MR. 3/7/79. JOSEPH MASEK, BiG BASINWAY! RE: CONSISTENCY WITH THE The City Manager mentioned a tele- GENERAL PLAN phone call from Mrs. Raisa Kocher, President, Village Merchants AssociatiOn, requesting continuance until later in the agenda. .It was the determination of the Council to proceed on the matter in the designated order on the agenda. The~lah~i~g. Di~ctor ~he~_pre~ented the st~aff r~ort, dated 3/1/7~. Upon hearing comments 'from Douglass Adams (y~D~nting Owners i~5~'the no~h §i'd~ of iBig Basin W~); '~Warren ~efd,"~h~{'t~[~f~' Mr. ~6~&hfeld, Roger Haig, owner, Saratoga Hardware, and Virginia Laden of the Saratoga Planning Commission, the following action was taken by the City Council: M/S: Kalb/Matteoni to deny the ~ppeal, with the suggestion to the Land Development Committee to.' t~rih~"'t~F~a~{n~7~equirement~b~dE~ ~0" the' ~ tO'380' fAtig. The motion was carried unanimously. IV. PETITIONS, ORDINANCES, AND PETITIONS, ORDINANCES '~ANDi~ ~- ~: RESOLUTIONS RESOLUTIONS ' ~-~ ~ ~-~ A. RESOLUTION 895 M/S: Callon/Corrto adopt Resolution A RESOLUTION OF THE CITY No. 895. Carried, 4 to 1, Councilman COUNCIL OF THE CITY OF Matteoni in opposition. SARATOGA AMENDING ~HE '. · CITY OF SARATOGA iSOUTHEAST URBAN SERVICE AREA BOUNDARY 3 .AGENDA ACTION TAKEN V. PUBLIC HEARINGS ~ PUBLIC HEARINGS A. TO CONSIDER APPEAL OF Mr. Robinson, Planning Director, PLANNING COMMISSION reviewed the background of this DECISION RELATIVE TO application ~a'.~h~'~b~siS"~f0r ".~ TENTATIVE MAP APPROVAL, ·~'deni~i"b~,~th~'Yl~i~g Commis~ion SD-1389, DIVIDEND INDUSTRIES (~faf~'report dated2/15/79). CARNELIAN GLEN II (Cont'd. 2/21/79). The Mayor opened the public hearing at 9:14 P.M. Dick Oliver, a principal of Dividen~ Corporation, indicated Mr. Jim McCoy, engineer, is here this ~vening to answer any techni- cal questions, and also, Mr. B Ed ackman who appeared before the Planning Commission. Mr_. Oliver ~commented that ~/Fh~'I? ~'i~"~h~_~{~ ~ther or ~8~'~ access has to mean public .thru street, or can it mean emergency access. It has been their impression all along that . secondary access could in some situations could be complied with by providing emergency fire access roads that are not open to thru public traffic. He suggested that lif it didn't mean this, then · whenever there was a'cul-de-sac · with a secondary access, it would .no longer be a cul-de-sac because it Would be a thru street, and this would preclude the whole con- cept of designing ~ bulb road with a Secondary access at the end. Mr'. oliver: We orfginally pur- chased tMis site in 1973, and submitted a map for 21 lots. After meeting with the staff, it was felt this was too many lots, and they couldn't comply with the requirement~ that a cul-de-sac have no more than 15 lots without a secondary access.-He was directed to go back and find some means of emergency vehicle access to comply with that "secondary access" requirement. This was on the basis of his understanding and the expressed intent was to provide not a thru public street, but merely emergency fire access. Based on his understanding of this he approached the Lehman estate on a number of occasions in 1973, 1974, and 1975. In 1973, the Lehman estate denied their request; they came back in 1974 when they put on adjoining piecesof property - 4 - AGENDA ACTION TAKEN V. PUBLIC HEARINGS' 'PUBLIC HEARINGS A. TO CONSIDER APPEAL OF Mr. Oliver stated that when Dividend PLANNING COMMISSION Industries purchased the property DECISION P~LATIVE TO on Sunnyvale-Saratoga Road, there TENTATIVE ~P APPROVAL,~ was a sub-street on that property SD-1389,~DIV~ENDtX~DUS~I~7~~ which the developer had to tie into. CARNELIAN'~L'~'~(C6ht'~. 'This included the obligation to the 2/21/79) .developer to build a bridge, and this was met. (Mr. Oliv~r - cont'd.) He stated that by granting the re- for sale. He met with Don 'quest, he does not believe there Burt and drew up an actual would be harm done to anyone. It Grant of. Easement,'which 'doesn't provide a precident in said: "The Lehman Estate that it is a unique piece of property hereby grants' to the City of ~in this configuration, and provides Saratoga ingress exclusively adequate police and fire protection for an emergency secondary and a reasonable solution to a tough road for police, fire, and ~problem. emergency vehicles over the real property described ~Larry Cone, 14542 Carnelian Glen, below. Said easement does concurred in Mr. Oliver's comments not extend to the public or ~that several iterations of this or owners of any adjacent ~plan, and he feels the emergency land. The easement includes ~access would be a far better the obligation and the right solution to the homeowners and to fence off and maintain parents of children on that block the easement area." than the suggestion to draw the line through to the Lehman Estate Mr. Oliver stated they were which would make Carnelian Glen subsequently denied the a thru street to Saratoga-Los Gatos second request. Road to Saratoga Avenue. He would seriously request that the Council The Lehman Estate sold the not 'accept a plan which would tie adjoining small piece of Carnelian Glen into Saratoga Avenue. land to Mr. Turgeon and Mr. Lohr. Dividend Industries M/S: Kalb/Corr to close the public contacted them at the hearing. Carried unanimously; suggestion of Don Burt of the public hearing was closed at the City Planning sta,ff, 9:25 P.M. and proposed they grant an easement. Their engineer Councilman Matt~oni: Based on the said it was not feasible fact the design of the extension for them because of their of the'cul-de-sac facilitates inter- lot layout. section witha number ofpotential street l~Xouts in the Lehman Estate, Mr. Oliver subsequently and?~s~c~k~ccel~ by emergency contacted severa.1 lo~ owners' situ~t~%~m~s'~e desire of pro- on Horseshoe'Lane trying to viding for a disaster situation; obtain"emergency fire and the fact that the emergency access". access.is~nOt a long block, but only two blocks, he would move to He indicated that the grant the appeal. Inclusive within C.C.&R.'s approved by the the motion would.be the words to City on the subject .property condition that~ t~~ld have had a provision for'addi~onal the right to'g6 ~i~d rem6ve any lots out of lot 15. It w~s structures, etc. represented to the homeowners on Carnelian Glen that this Mayor Kraus~ There hasn'-t been would be an emergency access enough fopportunity to do something only, and Carnelian Glen was t'o work 8ut a secondary access; not intendedto be a thru therefore, he would not vote in public street. favor of the motion. - 5 - AGENDA ACTION TAKEN V. PUBLIC HEARINGS PUBLIC HEARINGS A. TO CONSIDER APPEAL OF PLAJ]NING CO~ISSION DECISION RELATIVE TO TENTATIVE MAP APPROVAL, SD- 1389, DIV__ID_~qD;INDUSTRIES, CArnELIAN GL~E.N, ~I -'(Cont' d. 2/21/79) Councilman Kalb: He does not see how the City can be con- sistent when in some cases, i it has appr'oved emergency access for a cul-de,-sac with 25 to 30 homes, where in this case, it is an emergency access with the prospect that ultimately, there will be thru 'access to'the Lehman property and another means .that will come about. He therefore seconded the r~Dtion. The motion failed, 3 to 2, with Councilmen Corr, Callon and Kraus voting in oppo- sition. It was then moved by Councilwoman Corr, seconded by Mayqr Kraus to deny this appeal without prejudice. The motion carried, 3 to 2, Councilman Matteoni and Kalb in opposition. 'B. TO CONSIDER CITY OF Mr. Robinson, Planning Director, SARATOGA REZONING FROM presented the staff report, dated "A" AND "P-A" TO "CN" 1/23/79. THE 10.253 ACRE PARCEL LOCATED BETI,TEEN .COX AVE. ~T~M~ a~t~o'~Yl'~d~' AND MAC FARLAND AVE. APPROXIMATELY 250 FEET Carmen Jordan, 18873 McFarland EAST OF SARATOGA AVE., Ave.-, expressing opposition to C-193 "" the proposed ;ezoning. ~ The Mayor opened .the public hearing ' at 9:45 P.M. " ~ There be~h~ no comments from members 'in the audience, M/S: Kalb/Corr to close the public hearing. Carried unanimously by voice vote. Public h'earing 'closed at 9:45 P .M. Councilman Kalb: Do not see the need to go through with this. ' We have a General Plan designation which guide~ any proposals for development, and it. seems the City retains the gEeatest flexibility and influence in terms of what it - 6 - AGENDA ACTION TAKEN V. PUBLIC HEARINGS PUBLIC HEARINGS ~//'~B.~ ~6" ~6,N~'IDER~IT~"O~F~"~ The Council~ agreed to hear ~r. ~L SARATOG~A REZONING FROM Ramon~ ' s co~ents. ~' '~'A" ~AND UP-A" TO "CN~'-, ~v.THE 10.253 _tC~ :PARCel', Mr.. Ramona. comented that he came '[LOCATED BET~.~EN COX AVE; -~ to the meeting in favor of the _~-~ ~XND ~C ~FAR~ND~'AVE. -~ proposal all the wa'y to Saratoga the retention of the "Professional- (Councilman KalB -cont.' d. ) Administrative" on Saratoga Avenue is going to solve ~his issue in looks like and how it pro- that by' restricting' the depth, thi~ tects Saratoga Avenue. may be forcing access into Saratoga Avenue. It would seem to h~m .the The City Manager pointed out Council has a great vehicle to ~ the intent of this process control what will occu~ as far as is to bring to completion a visability on Saratoga.. He further series of actions that have comented that all of the property been before the City Council o~ers on Saratoga Avenue are con- and Planning Co~Zssion over cerned about the condition of this the past 3 years. It is in property as it is a bad eyesore. follow up to actions taken by the City Council in adopting It is his feeling the reco~endation the 1974 General Plan. that the entire property be in "CN" in that it does have the necessary Councilman Matteoni suggested vehicles to control aesthetic con- the possibility of taking ditions on SaratOga Avenue. more ~ime on this, in te~s of conditioning the use 'of Isaac Abrams, property o~er in this property. Saratoga, addressed the CoUncil, co~enting that if ~he parcel is ~e City Manager indicated left zoned all in the same category, that the Council would have subject to the City's conditions, an option of adopting a there is the flexibility in design separate resolution pro- and depth to acco~odate what is viding parameters in terms desired. of any specific application, and this would be considered Mr,. Robinson, Planhing Director, as a. policy statement. pointed out that in looking at the standard conditions for "P-A", Councilwoman Callon suggested there must be a 25-foot front yard " that-perhaps "Agricultural"' setback and 25-foot rear setback. is the one that sticks out as ~erefore, you are restricting the not being the appropriate use type of structure on the: property for that area, 'and maybe this because of the odd shape of the is the only one that should remaining parceZ. be considered at ~his time. ~erefore, she would have no Councilman Matteoni: His inter- objection to moving on the pretation of the motion was not .one piece at this time. to force "P-A" development to occur, but to reserve the question M/S: Callon/Corr to request and a{low if someone wanted to staff to draft the a~~z in with a proposal, the C~rd'in~nce to rezone'Che~ .... ' come . majority of the site is designated ~C~I' currently zoned "A" "C-N", and it is leaving a measure to "C-N"_,_ and so introduce of restraint. and waive the reading. Councilwoman Corr indicated she Ralph Ramona, property o~er would be willing ~o withdraw her across the street from the motion if the CoUncil agrees to proposed rezoning, requested meet with the Planning Co~ission to address the Council. in a study session to discuss this further. 7 - AGENDA ACTION TAKEN V. PUBLIC HEARINGS PUBLIC HEARINGS B. TO CONSIDER CITY OF M/S: Kalb/Corr to continue this SAPSTOGA REZONING FROM matter to the regular Council "A" AND"'P-A" TO "CN" Meeting of April 4, 1979, with THE 10.253 ACRE PARCEL the intention of discussing it '? LOCATED BETWEEN COX AVE. at"a study s~ssion with the AND MAC FARLAND AVE. Planning Commission on March 27, APPROXIMATELY 250 FEET 1979. Carried unanimously. EAST OF SARATOGA..AVE., C-193 (Cont'd.) VI. BIDS AND CONTRACTS BIDS AND CONTRACTS A. REPORT OF BID OPENING ON M/S: Kalb/Corr to approve the THREE O.AKS WAY IMPROVE- staff recommendation, dated 3/7/79, MENT PROJECT rejecting the bid and discontinuing the project. Carried unanimously. B. REPORT ON BID OPENING ON The City Manager trasmitted report, SOLAR ENERGY PROJECT FOR dated 3/2/79. SARATOGA COMMUNITY LIBRARY 'cont'd. 12/21/78) M/S: Ca~lon/Corr to award the .. bid for the Saratoga Community Library Solar Space Heating Project to Buffalow's, Inc. for the amount of $6~,1~'%~, and authorize the expenditure of not to. exceed $1,000 for further engineering analysis of the re-design. The ~-"-' motion was carried, 3 to 2, Councilmen Kalb and Matteoni in opposition. VII. CONSENT CALENDAR A. RELEASE OF TIME CERTIFI- M/S: Catlon/Kalb to approve the CATE OF DEPOSIT SDR-1335, Consent Calendar. Carried JIM DOWDY/MARILYN AVENUE unanimously. B. REQUEST FOR APRIL 28th BLOCK PARTY - WARD WAY C. ACCEPTANCE OF GIFTS FOR CO~fUNITY LIBRARY · · Two 'custom' designed clocks · Public Address System ~ Telephone AnsWering Service D. ORDINANCE-38.94 AN INTERIM ORDINANCE REGULATING LAND DEVELOP- MENT OF THE CITY'S WESTEP~ HILLSIDE (2nd Reading) E. PAYMENT OF CLAIMS AGENDA ' ~CTION TAKEN VIII, tDMINISTP~TIVE }IATTERS ~DMINISTRATIVE MATTERS A. MAYOR B. COUNCIL & COMMISSION RPTS. 1. Corr ~R~7~iI'i~C. Mtg. People in attendance at I.C.C Meeting are very much in favor of retaining I.C.C. and would like the'County to give back some of the powers. 2. 'Kalb Re: Transportation First motion on the extension of Commission 85 was to strengthen the wording already in the report, passed 15 to 5. Second motion was to move it up in priority, and this was not passed. 3. Matteoni--Re: School IsSue'of concern is.the possibility Advisory Committee of disposing of the school district office site~_ He.~had made the motion that~t be-'~de~aV~il~b~e ~o~'~p~6j'~ct such as senior citroen ~h'o~fngT"~hi~' ~fed 4. Callon Re: ~I'~lah~ing Use Permit granted; Commission re- ~C0~miS~i~io~'o~ . quested posting.of $500 Performance ~San'.~b~'e~h'~'Use . Bond. Permit Request. ~ C. DEPART}~NT HEADS & OF~ICER~ ic~nowiedged. 1. Presentation of Re,orb CommUnity 'Sh~'ic~ History of Saratoga Parks D. CITY MANAGER 1. Report'Re: Request for Mr. Hendrickson, Assistant City Rate Increases in Manager, summarized the staff ReSidential and ' report, dated 2/28/.79. Commercial Services by Green Valley Disposal~lU~ouncil concensus to discuss Company. this'further at a 'Committee of the Whole Meetingon 3/13/79. Councilman Kalb requested st~ff pr.ovide a balance sheet of the operation, Statement of Income, and Statement of Change in Financial Position for Council consideration. M/S: Kalb/Corr to agendize this matter for public hearing on March 21, 1979. Carried unanimously. AGENDA ACTION TAKEN ADMINIST~TIVE ~TTERS ¢~' :_:f ' 'ADMINIST~T'iVE ~TERS D. CI~¥.t~NA~E~;(cont'd.) 2. Letter from Mr. ':'M/S: Katb/Corr'.to retain the compo- cortese,' Santa Clara sition of the Advisory Board as County Board of 'it is presently, Carried unanimously.. Supervisors re~ " &omposition of Advisory Co~ittee. 3. Proposal for use of · Council consensus to pursue looking ,.'. Metropolitan Trans- into this proposal, and,directed portation Development staff to investigate the need for Act Funds f6r Para- this sewice. transit Activities in .Saratoga 4. Interviews for Librar Councilmen Callon and Kalb to CoEission ~acancy. serve.on the Interview Board. IX, ADJOURNMENT ADJOURNMENT, M/S: Corr/Kalb to adjourn the meeting, Carried unanimously. Meeting'adjourned at 11:45 P.M. ec submitted, 10 -