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HomeMy WebLinkAbout03-21-1979 City Council Minutes MINUTE S SARATOGA CITY COUNCIL TIME: Wednesday, March 21, 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, Kal Absent: Matteoni (arrived later), Kraus B. MINUTES M/S: Kalb/Calton to approve the minutes of March 7, 1979. Carried - .._= ~ ~. unanimously by voice vote. ..... ' ....~ '~ CO~fONICATIONS Ix.' A. ORAL 1. George Wightman, 14701 M/S: Kalb/Corr to approve the run Vickery Ave., re: Fool's for Sunday, April 1, from 10:00 A.M. Parade Seven-Mile IRun. to 11:00, with the condition that at all major intersections there be a written policy under which · the officers would operate. : Carried unanimously by voice vote. B. '~ WRITTEN 1. William Dean Wood and Tobe: considered as.a part of Catherine Wood, Michaels public hearing on this subject. Place, pointing Out facts in support of proposed · Racquetball Club. 2. Ann M. Kobort, 21970 To be considered as a part of Via Regina, voicing dis- public hearing on thi.s subject. approval to the addition of a real estate' office fronting on Big Basin Way. 3. Gordon E. Martin, 18560 Noted and filed. Allendale Ave. ~ expressing thanks to the officer on duty on Allendale Ave. for the excellent .job in slowing traffic.on this street. 4. City of Mountain View Noted and filed, indicating position on November 1978 Draft Corridor Evaluation Recommendations AGENDA ACTION TAKEN II. CO~IMUMICATIONS (cont' d. ) CO~UNICATIONS B. WRITTEN 5. Ernie Kell, Councilman, Directed staff to review this 5th District, City of and provide more 'information. Long Beach, requesting assistance in efforts to establish no-fault legis- lation in California. 6. Rod Diridon, President, City Manager's office.to re- A.B.A.G., re: State Legis- quest a copy of this bill.for lative Setback/Opportunity review. on Automobile Inspection/ Maintenance. 7. Councilman Roy Lave, Jr., It was requested this infor- City of Los Altos, enclosing mation beincluded in the City resolution concerning Santa Council packet to allow addi- Clara County Corridor tional review for next meeting, Evaluation. III. SUBDIVISIONS, BUILDING SITES, SUBDIVISIONS, BUILDING SITES, ZONING REQUESTS ZONLING REQUESTS IV. PETITIONS, ORDINANCES, RESOLUTIONS PETITIONS., ORDINANCES, RESOLUTIONS V. 'POBLI'C°H~INGS PUBLIC HEARINGS A. DE NOVO HEARING TO CONSIDER The City Manager reviewed the APPEAL OF PLANNING COmmISSION discussion on this item at DECISION TO DENY A USE PEtMIT the Committee ~of the Whole TO ALLOW A REAL ESTATE OFFICE Meeting March'13, 1979. ' =~ TO LOCATE IN A FUTURE CO~4ER- CIAL COMPLEX AT THE SOUTH'- Vice Mayor Corr opened the EAST CORNER OF BIG BASIN WAY public hearing at 8:00 P.M. AND FOURTH STREET, PER ORDINANCE NS-3, SECTION Council acknowledged a letter 16.7-1 (I~rRIGHT & CO.) Cont'd. from Ann M. Kobort~ 21970 Via Regina, voicing disapproval of real estate offices or banks fronting On Big Basin Way. There being nO comments from those present in the audience, M/S: Matteoni/Katb to close the public beaKing. Carried; the public hearing was closed at 8:02 P.M. M/S: Kalb/Callon to grant. the appeal, subject to conditions '~" that the 1 to 380 parking ratio be provided; the size of the office be reduced to 1,600 sq. ft.; sales meetings be conducted only on Monday morning from 8:00 A.M. to 10:00 A.M.; and including recommendations 1, 2, .~ 4 and 5 of staff report dated 12/7/78.and findings within · that report. Condition 3 tb be '-. considered with the sign packag& by the Planning Commission. -. - 2 - AGENDA 'ACTION TAKEN V. pUBLIC HEARINGS. (Cont' d. ) ~/~ PUBLIC HEARINGS B. CONSIDERATION OF REQUEST FOR Vice Mayor Corr opened the public A RATE INCREASE FOR RESI- hearing at 8:10 P.M. DENTIAL AND COMMERCIAL RE- FUSE COLLECTION SERVICE BY Harvey Whitehead, resident of GREEN VALLEY DISPOSAL CO Saratoga, pointed out that Santa Clara County has included in its refuse contrac~ a dis- count for senior citizens.. The To~zn of Lo.s,_.Gat~os ..City of Saratoga ~ _,Monte , Sereno 'and !.~} Campbell are not in61uded in this, and it would seem .at the time of renewal, this should be discussed with the Green Valley Disposal Company. Hugh Allen, attorney representing Green Valley Disposal Co. addressed thins* p~i{~t ~"l~I He affirmed 'th~f"there 'i~ a senior citizen rate in the County; however, the-County rate is higher. He pointed out that Green Valley is reluctant about this in that they do not like to require individuals.-to~_ si an affidavit I-~-- "S~'~nne ~Mafiory, 12258 Kirkdale Drive, requested negotiations be set up with Green Valley .to change the dates of the spring and fall free pickup. It was her feeling the pickups come too early in the fail and too late in the spring, and are , poorly publicized. M/S: Kafb/Callon to close the public hearing. Carried; the public hearing was closed at 8:16 P.M. ~,~=--- . ' ~.~:7 M/S: Kalb/Matteoni' to approve · ~ , -' ~'; the rate increase as requested, '~' - -- ~ , -:' =~ and direct Green Valley Disposal - ~-~ Co to provide an independent , : 'auditor to the accounts, and -,?' .~ ~:' direct the other cities under 7- ,~ this contract to come back to "~ .... ~_:- - /~'! tl~e City of Saratog~ with a pro- ~'~= ' '~ posal for engaging a management ~- consultant, · with the suggestion~ that the list '0f questions pre- pared by Councilman Kalb, ~s well as any additional questions, be ~ shbmitted to the auditors as a part of ~he work statement. Carried unanimously. - 3 - AGENDA ACTION TAKEN V. PUBLIC HEARINGS (Cont'd.) ~ PUBLIC HEARINGS C. CONSIDERATION OF APPEAL ~ll Mr. Robinson, Planning Director, I S ON C 3/13/79, outlining the background CONSTRUCTION OF RACQUET~ I! of this application and ~escribing BALL FACILITY, TO LOCATE f .the modifiedq~an a~p~edby the ON THE EAST SIDEOF Planning Commi~'gliOn% SARATOGA-SUNNYVALE ROAD, APPROXIMATELY 150 FEET Vice Mayor Corr opened the public NORTH OF SEAGULL WAY '. hearing at 8:47 P.M. 'The Council ~cknowledged a letter .from William Dean 'Wood'and ~ Catherine Wood, Michaels Drive, with facts in support of proposed ~t privateRacquetball Club. ~ John Mallory, 12258 Kirkdale Drive~ j (President of Northwest Saratoga i Homeowners Association), indicated he would bewilling to answer any questions of the Council. Matte0ni: Are'there proposed renderings to show the style/design that the Commission looked at? Mr. Robinson: There have been numerous exhibits. Councilman Matteoni asked Mr. Mallory if there was any Way through Design Review that he could achieve the' distinctive attractive entrance to the city by having such a facility. Mr. Mallory replied that he asked this question of the Planning Commission, and their reply was, ou can never trust an artist's rendering.". He'stated he is con- cerned that racquetball clubs have a certain appearance and are generally found in industrial areas for certain good commercial reasons. If they are not successful, they can be conver.ted to another use easily~ and there is no money lost. Mr. Mallory further commented that he iS concerned that there is going to be air conditioning sitting up on top, 'and.rthi~ can be a problem, It would seem to him this could be put inside the building. Mr. RObinson pointed out there was some discussion during Planning , COmmission hearings about the ~ .addition of the air conditioning ~ facilities, and this was to be ~ - ! 'considered under Design ReView. AGENDA ACTION T~KEN V. PUBLIC HEARINGS (Cont'd.) ~ PUBLIC HEARINGS C. CONSIDERATION OF APPEAL OF (Mr. Jackson - cont'd.) PLANNING CO~-~ISSION DECISION RELATIVE TO CON- With regard to air conditioning, STRUCTION OF RACQUETBALL Mr. Jackson pointed out that in a FACILITY, TO LOCATE ON racquetball facility, there is a THE EAST SIDE OF SARATOGA- 20-foot height diminsion; however, SUNNYVALE ROAD, APPROXI- between the courts is a gallery MATELY 150 FEET NORTH OF area overlooking the courts, and SEAGULL WAY those gallery spaces are 10 feet high. This height can be lowered Matteoni: Inqu~ if t~e'.: to 8 feet, giving us approximately '~u{ld'i~g~la~d air co~di~iohing 6 feet of recessed area right in ~~it lWould ~ot ~e~eed~24' f~et the center of the &.lub. Even if .in h~ight=~ "~ they go over this 6-foot limitation .- __o~ ~' slightly, this is in the core of MF."'Ro~in'son 'r~pli&d ~his is the building o~ly -- it is not in his interpretation. the exterior size or at either end, and even if it went over a foot, Don Jackson, resident of khat foot could not be seen from Los Altos Hills, andlpartner Saratoga-Sunnyvale Road or the in this project with Dr. surrounding houses. and Mrs. Wood, Dirk Reed and Bill Wood, commented Mr. Jackson spoke of amenities in that the letter from Dr. the Club. He pointed out that and Mrs. Wood to the Council a racquetball club is not a social clearly states their gathering place, but a facility in position. Mr. Jackson stated which people come in and work out, that up until now, they have .have a drink or two, and then leave. been agreeable to cooperate They have a jacuzzi, a suana, a with the staff,~'pl~ni~g .... ~ weight room, and they were planning Commission and homeowners'~ a sun deck (however, this received in providing a facility that objection from the Planning would meet with as'much .' Commission). They will have a approval as possible.' sandwich service;however, this is self-serve and not waiter service. Mr. Jackson stated t~at, it Also, there would be a pro-shop is true many ra~quetball and office.;however, this is not clubs are found in indus- as large as you would find in a trial areas; however', the golf or tennis club. The pro shop, three closest racquetball the snack bar, and beer bar is facilities to Saratoga are all contained in one unit. not in industrial areas, Additionally, there is a multi- but in commercialareas, purpose room, which is a babysitting and they all border oh area during certain times. There nice residential properties. is a lounge and T.V. area, which is These are: Courtside in a meeting place or lobby. Los Gatos, DeAnza Racquet Club in Cupertino, and Mr. Jackson pointed out that this Wallbangers Racqpetball location i's unique, from the stand- Club in Cupertino. One point that there a~e so many nice of the concerns of staff residential properties around the in the beginning, and a club, and it is anticipated that concern of the Planning many of the club members will Commission, was that the ' bicycle or jog to the facility.. building not look like an Therefore, there will not be the industrial building. The extra parking problems that some architect, Warren Jacobson, other facilities might expect. and Landscape Architect, Mr. Yamagani of Saratoga, Councilman Matteoni inquired what have done an outstanding Mr. Jackson's experience was in job in their design of this developing other courts. proposed club. 5 - AGENDA ACTION TAKEN V. PUBLIC HEARINGS (cont'd.) ~ PUBLIC HEARINGS C. CONSIDERATION OF APPEAL OF covered storage in the back. He PLANNING CO~ISSION further commented that many clubs DECISION RELATIVE TO CON- in the area are leased operations; STRUCTION OF RACQUETBALL however, in this club, the operaters FACILITY, TO LOCATE ON are also the Owners of the land. THE EAST SIDE OF SARATOGA- SUNNYVALE ROAD, APPROXI- Councilman Kalb inquired if Mr. MATELY 150 FEET NORTH OF Jackson felt the 700-member SEAGULL WAY restriction is one which he felt would require a modification. (Mr. Jackson - cont'd.) Mr. Jackson replied that this Mr. Jackson replied he was number was their recommendation for one of the original founders 10 courts. If they had more than of Supreme Court racquetball 700 members, they would have chain, founder of the Court difficulty with their membership. Sports Racquetball Club chain, and he is developer of Councilman Kalb indicated~~ha~7~'~had a swim and tennis club in the '~c_"~t_a_c~ed~S~!l~l~t~:~Cl~Ob~.r~'-La~d~ they east bay called Kimber Woods .~foLmd~50 to and a partner of Town and B~'~"2VS0'0~'~n~b~s in a 14- Country Tennis Center in court club. He inquired why this. San Jose, which is now ~ proposed club was dramatically being converted to racquet- different. ball. Mr. Jackson indicated that Sports He indicated. that within a Illustrated Clubs are gea~d_f~__. 15-year period of racquet- large tournements, and-are not~ ball clubs, there is yet to private. facilities,'but open to be one financial failure. the public. They are open 24 hours a day, 7 days a week in many of Kalb: Will there be their facilities. This is not exibitions? the intention for the proposed facility. Mr. Jackson: The dlub is bein~ structured in a Corr: Will high school students very unique manner, and be part of the membership. they do not want the club to be tournement oriented. Mr. Jackson: If the City allows, They are striving toward this would be an exception to a prestige facility and the membership. However, this one that will stand above would be a very limited type of the other racqetball clubs play. in the Santa Clara County area and in Northern CouncilWoman Corr further inquired California. if the owners would be renting the ~'~ faclity out for use. Kalb: '~i~h regard~to~con--" '~e~it~ty~'~yhat~~ oY-'~' Mr. Jackson replied that there is fnte~r walls ~being ' no room large enough to rent out used? in this way..' This doesn't m~an some night a member couldn't reserve Mr. Jackson: The walls are 4 to 6 courts and have a little being built so they are re- party at the club; however, the movable. They have also social orientation is minimal. come up with an alternate use for this building, which is Councilwoman Callon asked who an~easy conversion to an primarily would use the facility. office comple~ with some Further pointed out this is not an area with a lot of daytime activity. ~GENDA ACTION TAKEN V. PUBLIC HEARINGS (cont'd.) C PUBLIC HEARINGS C. CONSIDEP~TION OF.A~PEAL OF Mrs. Dusel, 13090 Pierce Road, PLANNING COMMISSION commented that she is extremely DECISION RELATIVE TO CON- interested the sport of racquetball, STRUCTION OF RACQUETBALL as well as jogging and tennis, and FACILITY, TO LOCATE ON her concern is that we need more THE EAST SIDE OF.SARATOGA- of these kinds of facilities -- SUNNYVALE ROAD, APPROXI~ not only for the adults, but also MATELY 150 FEET NORTH OF for the children of the community. SEAGULL WAY She. commented that this type of facility should be looked upon in Mr. Jackson pointed that favor, rather than the typical there is no age differential boutique shops or antique shops with racquetball. The which Saratoga has enough of. current trend is 6~ percent male--40 percent female. A John Mallory again.addressed the racquetball club in a resi- Council, pointing out that racquet- dential area such as Saratoga ball is not on trial, and what would have this kind of they are concerned with is the activity: 7:00 A.M. - General Plan, and that is all. men on their way to work; He commented that it was mentioned 8:00-11:00 A.M. - housewives; there may be some parties~after '11:00 A.M. - businessmen hours, and he would appreciate if in the community; 2:00 - the Council would also address its 4:00 P.M. - housewives; ~houghts to the hours of operation.. 4:00 to 6:00 P.M. - men on their way home from work; Dirk Reed, 45 Broadway, Los Gatos, in the evening, some of stated he is one of the partners the husbands will come back in the racquetball facility, and to the club together. his occupation is Vice president of a construction company -- they Mr. Jackson pointed out that built'Courtside and Wallbangers up to thfs time, they have facilities. With regard to the attended 4 public hearings, heating and air conditioning, he numerous Committee of the stated with the low profile equip- Whole Meetings and meetings ment, they would have no problem with the staff, and they meeting the 24-foot height standard. have prepared 10 different ._ site plans to meet the Palle Nimb, 12931 Brandywine Court, suggestions and requirements commented that he belongs to a of the Planning Commission. racquetball club in Mountain View, They would urge the Council and he has heard~a~-~'~e'~few to make a favorable decision members live in SaratOga. ~With this evening. regard to 24-hour service, there is no way the "21st Point" would go Kalb: What is the member- for this; therefore, he does not ship fee proposed to be? believe this is something all the clubs are going to take up. Mr. Jackson: The initiation fee would be in the $t00 to M/S: Matteoni/Callon to.close the $250 price range, and in public hearing. Carried. The line with Courtside 'and public hearing was closed at DeAnza Racquet Club.' 9:32 P.M. Thomas Mallaney, 13020 M/S: Matteoni/Corr to uphold the Cumberland Drive, indicated Planning Commission decision and he would be delighted to deny the appeal. have this type of facility in Saratoga. i Further, the Staff and Planning Commission enforce those conditions imposed through Design Review, and also, staff provide more input on 7 - AGENDA ~CTION TAKEN V. PUBLIC HEARINGS (cont"d.) ~ PUBLIC HEARINGS C. CONSIDERATION OF APPEAL OF (Motion - cont'd..) PLANNING COMMISSION DECISION RELATIVE TO CON- resolution of concerns raised STRUCTION OF RACQUETBALL regarding this facility. FACILITY, TO LOCATE ON THE EAST SIDE OF SARATOGA- The motion was carried unanimously. SUNNYVALE ROAD, APPROXI- MATELY 150 FEET NORTH OF SEAGULL WAY D~--'CO~S'IDERATION"OF}APPEAL OF Mr. Robinson, Planning Director, - PLANNING COMMISSION presented staff report, dated ..... DECISION RE~'DENI~L~OF'' 3/13/79. { APPLICATION A-631 FOR ~ -~-~-SINGBE-FAMILY'PZStDENCE Vice Mayor Corr opened the public .... LOCATED-ON~CO~'~E'~R%~E~ hearing at 9:46 P.M. - - William Lisac, applicant, commented he would like to know how the City recommends he design this house. Mr. Robinson explained that the point staff has been trying to work with Mr. Lisac's designer on has to do with the fact that this is a hillside lot, and it must be stepped do~ to meet the terrain. Matteoni: Do we have some recent examples of similar hillside lots which have gone through Design Review? Mr. Robinson: The staff will pull out some lots that have been accepted and review these. There has been some previous grading on this site,~a~Yd=h~ehOr~o~Osed~is sitting d~UT~xtEem~l~ ViSible't~"th~ .... .' ~mmedi~e north Councilman Matteoni inquired if there is any existing grading violation. Don Wimberly, Director of Inspection 'Services, replied he is not familia~ with any substantial grading on that lot to date Councilwoman Callon inquired where does one have a view of this home. Mr. Robinson replied it would be visible from the north. ~ Mr.'Wimberly added that the area to the east looks at'that'house. · Further, {ts elevation is lower than the Parker Ranch ridge line, but 75 to 100 feet higher than Arroyo' de Arguello. - 8 - AGENDA ACTION TAKEN -V." PUBLIC HEARINGS (cont'd.) ~'PUBLIC HEARINGS. D. CONSIDERATION OF APPEAl OF M/S: Kalb/Callon to close the PLANNING COmmISSION public hearing. Carried unanimously. DECISION RE:' DENIAL OF The public hearing was closed at APPLICATION A'631 FOR 9:53 P.M. SINGLE-FAMILY RESIDENCE LOCATED ON COMER DRIVE M/S: Callon/M~tteoni to continue this item to the regular meeting on April 4, 1979 to allow the Council to view this site. Carried unanimously: Recess and reconvene VI. BIDS AND CONTRACTS BIDS AND CONTRACTS VII. CONSENT CALENDAR CONSENT.CALENDAR A. RESOLUTION 775-3~ M/S: Matteeni/Kalb to approve the 'ME~i~Ig'R~S~O~N~775-2 Consent Calendar. Carried ESTABLISHING THE COMPEN- unanimously. SATION FOR THE CITY MANAGER OF THE CITY OF SARATOGA B. RESOLUTION 896, RE- QUESTING PERMISSION F6R TEMPORARY CLOSUP~ OF STATE HIGHWAYS ON MAY 6, 1979 FOR THE ROTARY ART SHOW C. EXTENSION OF SOLAR SPACE HEATING DEMONSTRATION PROJECT CONTRACT WITH SYSTEM DEVELOPMENT CORPORATION D.. CLAIMS AGAINST THE.CITY F. CITY .CLERK'S FINANCIAL. REPORT · G. CITY TREASURER' S REPORT - VIii. ADMINISTRATIVE MATTERS ' ADMINISTP&TIVE MATTERS A. MAYOR 1. Letter from Supervisor Acknowledged. Rod Diridon inviting the Council to "Eat and Confer" session and discussion re: Fourth District Affair~ B. COUNCIL & CO~ISSI6N REPORT1 1. Kalb - Action .by Trans- M/S: Kalb/Matteoni to request the portation Commission re: Director of PubIic ~orks to assemble use of T.D.A. funds. a list of potential projects for AGENDA ' ACTION TAKEN VIII. ADMINISTRATIVE MATTERS (cont'd.) ~ ADMINISTRATIVE MATTERS B. COUNCIL&'CO~ISSION~,REPORTS (Motion - cont'd.) iiT>~'YrD:~7,.~d~-~%n~r~:-~' ":,use of these funds and submit ~' " :~'= .... ~ ........ this list to the Parks and Recreation Commission for comment Carried unanimously. 2. Report Re: SB-110 M/S: Matteoni/Kalb to endorse (Relating to Public Meetings) this bill in concept only, re- flecting conceFa on how this could be implemented in Saratoga. Carried unanimously, 3. Callon - Attended Solar Policy to be made available to Energy Workshop. Requested , the Council. Council take another look at Solar Energy Policy for future consideration of passive energy planning. ~. Callon - Re: Kevin Moran Director of Community Services walkway. .reported Parks and Re&reation. lCommission has directed staff to put together a final set of recommendations for review in , April. Said recommendation will include a requeSt.for expenditure of funds for the walkway. C. DEPARTMENT H~A~S &'OFFICERS ,. 1. Director of Community M/S: Kalb/Callon to upho,ld the Services Re: Request.of 'staff recommendation outlined Lawrence Roe to Purchase a .in memorandum dated 3/8/79, and Portion of Undevelgped deny this request. Carried Kevin Moran Park unanimously. 2. Di-rector of Public M/S: Kalb/Callon to approve the 'Works Re:.Arroyo de Arguello Arroyo de Arguelto Drainage' Drainage Study Study and modifications as out- lined by the Director of Public Works in memorandum dated 3/7/79, and approve expenditure of funds, to make these improvements. -- Carried unanimously. 3. DireCtor Of Public M/s: Matte0ni/Kalb to authorize Works Re: Quito-Wildcat lthe Mayor to execute these'agree~ bridge replacement. ments. Carried unanimously. (Jenson $114);.. -~ (Simpson - $1,900) D. CITY ~IANAGER 1. Report Re: Litigation :itX Manager presented report with of Clarep'C'e._'>,W. Neale. !econmendation that the matter be tppealed to Superior Court. 10 - AGENDA ACTION TAKEN VIII. ADMINISTRATIVE MATTERS' ~ ADMINISTRATIVE MATTERS (cont' d. ) . Upon hearing testimony by Mr. Neale 1. Report Re: Litiga~io_~_~ of Clarence W. Neale~co~t'd. ~ and following further Council ""' ..... deliberation, the following action was taken: M/S: Matteoni/Kalb to pursue the appeal on this matter, as recommended. Carried unanimously. 2. Report Re: Joint Pooling Mr. Hendrickson, Assistant City for Municipal Liability Manager, reviewed the concept of Insurance joint pooling and staff recommen- dation, as outlined in memorandum, · dated 3/5/79. M/S: Kalb/Callon to uphold the staff. recommendation and ~h~ Ci~'I~ /i~dfcate its intent to pr6~ed to receive final quotations for costs under PERMAbased upon the favor- able preliminary quotations. Carried unanimously. V~e Mayor Corr acknowledged the presence of the following public ~roup representative~s: Rudolph Kanne~ Good Govern- ment Group Mrs. Kanne, served coffee John Mallory, President, Northwest Saratoga Home- owners Association Gene Zambett~, Saratoga Planning Corm~.ission. IX. ADJOUR~NT ·ADJOURNMENT M/S: Kalb/Callon to adjourn the meeting. Carried unanimously. Meeting adjourned at 11:20 P.M. lly si itte~,