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Home My WebLink About04-18-1979 City Council Minutes MINUTES SARATOGA CITY COUNCIL TI~: 'Wednesday, April 18, 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. ~.~INUTES' (~r: "~i~Sn - Page 8,' change ~P'~iii~7~"6~'G~ff~ Hills 'to Jean H~lls. M/S: Kalb/Corr to approve the minutes of April 4, 1979, as corrected.. Carried manimously. II. COI~,,~NICATIONS COmmUNICATIONS A'. OP~L · ~ ~" .... B. ~ITTE~; 1. Orville Johns, Referred to/~ii'c ~jI~[~=~a~f 14532 Horseshoe Drive, for follow up. Re: Tract 247. ~2r--S~a~oga-School~-~ird =._ 'Referred' to Public Works staff 7~ade~ ~ 6 req~st~g :~ ~" cml ~stafl trffic c~t-~i for review and follow up City ~ · ~-si~ at'comer S~f~d ~ Manager to respond to letter. ' i~ S~atoFa=~ ~Gatos=~oad. _ 3. Gw~ndol~ Penneniau, . Referged to staff for review cZo Qug. drennial Contest ' with S~ratoga Library Comission'. of the Arts AssociatiOn,' re: placement of plaques of ~poets in Saratoga Library. ' 4. Letters from~Saratoga Noted and filedl City Manager residents supporting to respond. recomendations from Parks and Recreation Conmission re: Kevin Moran and .Azule ~ Park pathway: Jeanne Ottinger, 12308 Terrance Ave.' Sheryl Abbott, Hartsen · . ~ . Safety ,Chairman, 12271 . Saraglen Drive. :... AGENDA ACTION TAKEN II. COM}~NICATIONS (Co'nt"d.) COMMUNICATIONS (Cont'd.) Mr. & Mrs. Gaylan Kessel, 12140 Candy Lane Ainn Murano, 19523 North- hampton DriVe Robert Schroeder, 12135 Country SqUire Way Sandra Brems, 20175 Guava Court Judith CollinS, 12564 Scully Ave. Gail Thesling, 12250 Saraglen Drive Mr. & Mrs. Edward A{bers, 19815 Viewridge DriVe Jerd~Ferraiuo!o, Mgr., Facilities Program, Cupertino School District Nancy Kraus, 12474 Larchmont Ave. Eileen P~ McLaughlin, 19738' Somerville CourtI '~' Martha Elliott, 12288 Larchmont Ave.- 5~M~S. J~R, Hupton, 1217.6 Noted and filed. City Manager Miller Aver, requesting , ~to respond.. adoption ~Of'r'eCommen at'oh~ re:KevinMoran and ~zu{e ' Park pathway. 6..Mary S. Wade', 14740 Noted and filed. City Manager Farwell Ave., re: Village to respond. . Parking District No. 4 7. George Buonocore, Principal Acknowledged. City ~anager to Campbell Union High School respond. District, inviting City Council to open house at Westmont High School. III. SUBDIVISIONS, BUILDING SITES, SUBDIVISIONS, BUILDING SITES, ZONING REQUESTS ZONING REQUESTS IV. PETITIONS, ORDINANCES, AND PETITIONS, ORDINANCES, AND RESOLUTIONS RESOLUTIONS A. ORDINANCE NS-3.43 (second City Attorney did not hay~ the reading) resolution available for~e~ AN ORDINANCE AMENDING 6his evening. Therefore, it was OP~DINANCE NS-3, THE ZONING the concensus to review this at ORDINANCE, BY A~NDING THE the Committee of the l~ole Meeting ZONING MAP on Tuesday, April 24, and continue action on this item 'to the next Resolution .897 regular meeting on May 2, 1979-. A Resolution of the City Councilman Kalb requested modifi- of Saratoga Specifying Degree of Commercial cation to Ordinance NS-3.43, -' second paragraph, to indicate, Development Along "Any portion of the Zoning Map " Saratoga Ave. This was-acceptable and 'the ordinance adoption will be con- . sidered in conjunction with the resolution on May 2, 1979. - 2 - AGEND~ ACTION TAKEN IV. PETITIONS, ORDINANCES, AND PETITIONS, ORDINANCES,'AND P~SOLUTIONS (cont'd.) RESOLUTIONS B. ORDINANCE 38.63-2 (Intro- M/S: Corr/Kraus to introduce duction) Ordinance 38.63-2, and waive the AN OP~INANCE OF THE CITY OF reading. Carried 4 to 1, Council- SARATOGA AI!~NDING ARTICLE II man Kalb in opposition. OF THE SARATOGA CITY CODE RELATING TO I~ED AND RUBBISH ABATE~N~ V. PUBLIC HEARINGS PUBLIC HEARINGS A. TO CONSIDER THE ~PPEAL OF The City Manager advised that he PLANNING CO~R~IISSIONDECISI~]~_ =had.received a re~ue~t__2~f'~r'con- RELATIVE TO THE FOLLOWING ~ ff~h~f~8~i~t~ in'%tems SPECIFIC CONDITIONS OF ~A~nd'B';'' ......... ~- '~' ' TENTATIVE ~IAP APPROVAL (SD~1355 - HEBER TEERLINK, Heber Teerlink, appellant in item A, MT~ EDEN ROAD) suggested that when the Council (h~a~S~t[{~'~e~ ,' Eh~ '~h0~l'd~ ~ ~ amended by Notes 1 & 2) he~'i~em'A~"H~'~urther suggested. Section II-K an on-site view of .the property. Section VII A'& B It was the concensus of the'Council to continue this matter to a de novo hearing on May 2, 1979, and to schedule a visit to the site.on April 28, at 7:00 A.~I. B. TO CONSIDER APPEAL RELATIVE It was further the concensus of TO INCONSISTENCY WITH THE the CounCil to continue this 'SARATOGA GENERAL PLAN ON matter in tandum with item B, to TENTATIVE ~,tAP APPROVAL FOR a de novo hearing on May 2, 1979. SD-1355 (HEBER'T~ERLINK, MT. EDEN ROAD) C. TO CONSIDER APPEAL OF Mr. Robinson,'Planning Director, PLANNING COmmISSION DECISIO~ ~eviewed the staff report, dated RE: DENIAL OF A USE PErmIT 4/10/79. TO ALLOI,~ A TENMIS COURT AT 15168 PIEDMONT'DRIVE, UP-386 He reviewed the Flannipg Commi~sion's (GEORGE LA~ROS) ' motions on this item: 2-2 vote on the upper s'ite (denial). 3-1 vote on the original appli- catibn for the tennis court on piers (denial). Following a discussion concerning the two alternative sites and Planning Commission rationale in its actions, the Mayor opened the public hearing. (8:10 P.M.) AGENDA ACTION TAKEN PUBLIC HEARINGS PUBLIC HEARINGS C. TO CONSIDER APPEAL OF .' George LamRroS, amplicant, replied BLANNING CO~.'R,~ISSION DECISION to_.~o~ ~ ~h~:~r~i~ '~ud~t'i~d~'~--. RE: DENIAL OF A USE- PE~J'.{IT /~' the: ~O~il~-~e [indiCated that/' TO ALLOW A TENNIS COURT AT ~e_~.~E~ ~S ~ente~d~som~'j0f~fe~' 15168 PIEDMONT DRIVE, UP-386 f~om the prope~y'li~7"F~rther, (GEORGE LAMPROS) (Cont'd.' there are three contiguous neighbors to his property who have tennis courts. Mr. Lampros stated the reason the original proposal presented in September was denied was that there was too mudB~grading involved on the hillside. The alternate proposal reduced the grading down to 450 yards, by placing the western end of _the tennis court on piers. He :~o~n~,_t~dJ~t' ~h~a't the advantages of this site is that it totally obscures the tennis court from view. The Planning Commission had denied.t~is request on the basis that the pristine nature of the creek would be dis- .turbed. ~r. Lampros pointed out - the fact that the creek already contains roads, culverts, sewers and ~rain pipes, and two d~lapidated shacks which need to be torn down, power poles, exposed transformers, high tension wires and he finds it difficult to understand how this is-pristine. Further, it seems to him that the issue here is the private use of his own property is a function of grace and not of privilege, and he wonders how this grace is dispensed.and upon ' what conditions is it dispensed. If it is the Council's position that this is a grace, why does he have to spend $2,000 in the appli- cation of this permit so far -- and wh'at are~the conditions under '~ which grade is granted to use his own property for his own private · use? · ~' " Councilman Matte~ni inquired if "'- there are~elevations of the two proposed sites -- particularly the piers and how this fits into the hillsides. Mr. Lampros Commented that the ' west side where the 'piers go is down on the deep side of the hill, and it is covered by heavy.~pil~!~ AGENDA ACTION TAKEN V. PUBLIC HEARINGS POBLIC HEARINGS C. TO CONSIDER APPEAL OF Kalb/Corr ,to close the PLANNING CO~[ISSION~ECISION public hearing. Carried unanimously· RE: DENIAL OF A USE PErmIT Public hearing closed at 8:35 P.M. TO ALLOW A TENNIS COURT'AT 15168 PIEDMONT DRIVE, UP-386 Corr: It does not seem appropriate (GEORGE LAMPROS) (Cont'd.) to put a tennis court on the piece jof land along the creek, and it Councilwoman Callon: l^~o owns would seem this land should be kept the creek? .~n a rustic way. ~,~en visiting the site, it was her feeling the upper Dr. Lampros: The bulk of the ~_{~&Dwas much better for a tennis creek is on my property. court. Corr: Is the road on your Matteoni: It would seem on the property too? upper site, it is closer to neighbors, necessitating creation Dr. Lampros: Yes. · of buffers t~an the creek location. Councilwoman Callon inquired Callon: The only advantage to how close the n&arest home is the creekside location is it seems to this tennis court. to have so little impact on the :neighbors. Dr. Lampros indicated on the overhead map the location of Kalb: It appears we could make adjoining property owners. .the most neighbors happy at the bottom location, and would be Mayor Kraus asked what is inclined to go this way. put over the piers. · Kraus: Had this been reviewed as Dr. Lampros replied it is a total plan, we might not be natural ground -- all you do :having to face this kind of prob- is dig a hole and put a lem. He would have a real problem support in, and then set in putting this court at the the platform on top of the bottom of the h%ll. He would at support. this time have difficulty approving any of the sites he has seen. Councilman Matteoni commented when the Council went up the Mr. Wimberly, Director of Inspection creek road to visit the site Services, commented the revised several months~ ago~ he re- site plan involves over 2,000 collected a legal dispute as cubic yards of grading. He further to the right to use the road. pointed out that the applicant's He inquired of ~r. Lampros original proposed tennis court in- if anyone is currently using volved a lot line adjustment with the road. .his father's lot, which.is to the south. The ~ea in the ~0-~ner on '- Dr Lampros replied that there .2t%p"" ~ter-eVen tha~'~he lates6 is a ten-foot right-of-way of ., proposat,~_~l'd B~'the most':? the adjoining neighbor. How- ~"~O~0~r~hrc&ll~'~l~gical place for'> eVe~, the road isn't his -- 'a-~0ur~=-int'thisT~ici~Itv~ the roadway is twenty feet '---' ~---~:-~"""~' .... ~;- ' over from the right-of-way. Councilman Kalb indicated he could support the upper site, but with Councilman Matte0ni asked if reduced grading. there was a dispute over this. · M/S: Matteoni/Callon to deny the Dr. Lampros replied there proposal for the lower site for was a dispute. AlSq' the stables this tennis court. Carried were abandoned about nine'years unanimously. ago. - 5 - AGENDA ACTION TAKEN V. PUBLIC HEARINGS PUBLIC HEARINGS C. TO CONSIDER APPEAL OF Council concensus to continue PLANNING CO[~ISSION DECISION any further action on this matter RE: DENIAL OF A USE PERMIT until the the regular meeting on TO ALLOW A TENNIS COURT AT May 2, 1979, and direct the staff 15168 PIEDMONT DRIVE, UP-386 to explore the issue of lessening (GEORGE LAMPROS'. (Cont'd.) of grading on the upper site, and ' report this input. VI. BIDS AND CONTRACTS BIDS~ AND CONTRACTS VII. CONSENT CALENDAR CONSENT CALENDAR A. RESOLUTION '85=~.41 Councilman Kalb 'r~quested removal "' -! of item "A"-for separate action.~ A RESOLUTION AMENDING RESOLUTION 85'9.36 & 85-9', M/S: Corr/Callon approval of the ADDING TO BASIC SALARY Consent Calendar, minus item "A". CLASSES, EMPLOYMENT ,CLASSI- ' Carried unanimously. FICATIONS AND COMPENSATIO~o SCHEDULE FOR NON-~'L~NAGE~ENT E~,fPLOYEES OF THE CITY OF. SAP~ATOGA B. FINAL ACCEPTANCE - T. RACT 6074, OSTERLAND ENTErRISES ATZ~]xTDALE AVE. Resolution 36'B-186 A Resolution Accepting Dedication of Streets in Tract 6074 C.CETA Title VI Contract Modification D. PAY~ENT OF CLAI.MS E. CITY TREASURER' S' REPORT F. CITY CLERK~'S FINANCIAL REPORT VIII. ITEMS CONSIDERED SEPARATELY ITEMS CONSIDERED SEI~ARATELY-. A..RESOLU.TION 85-9.41 Councilman Kalb indicated he' wanted the opportunity to vote A RESOLUTION AMENDING on this item separately, in that RESOLUTION 85-9.36 & 85-9 he was not in concurrence with itl ADDING TOBASIC SALARY CLASSES, EMPLOYtI~N~ M/S: CorrZ~a~tte_oni. ~t~o~dSp. t POSITION CLASSIFICATIONS ' Resolution 85~9.41. C~r~i~d 4 to AND COMPENSATION SCHEDULE 1, Councilman Kalb .in opp~osition. FOR, NON-I~ANAGEMENT EMPLOYEES O~ THE CITY OF SARATOGA · Rece'ss' and Re~'on'Vene - 6 - AGENDA ACTION TAKEN VIII. ADMINISTRATIVE ~TTERS ADMINISTRATIVE ~IATTERS A. ~YOR B. COUNCIL &,CO~MISSION REP'ORTS 1. Report from PlanniNg Set for public hearing on Commission Re: Recommen- May 16, 1979. dation to Deny Request for Rezoning by Floyd Gaines C-194 2. Report from Parks and Barbara Sampson, Director of Recreation Commission Re: Community Services,,,sresen.ted 'a Recommendation to Provide report-'o~Ii~ih~' ~eco_~nendati~ns Public Pathway through ~f ~'~'~a~ks-'~ 'RecreatiOn-'" Kevin Moran-Azule Park "'C~i~i6n.'7"' ' ' M/S:, Kallb/Corr to approve recommendations as outlined in staff report dated 4/18/79, and transfer of funds ($10,000) into .the Stree't SCaling.Program for this project. 'Also, request ~ S~hool District to fund "Safe 'RoGte to School" program. qarried unanimously. Councilman Matteoni requested a report back from staff relative C. DEPARTmeNTS HEADS & OFFICERS 1. Report from Planning M/S: Corr/Kalb to adop.~ the Director Re: Process for review procedures as outlined in 1979 General Plan Update the staff report, dated 4/18/79, and direct staff to look into a modified schedule for reviewing the~arious elements-as outlined. ~ _- : ~,.: ~f get a specific proposal from the consultant in relation to the ~.~ ' ' ;%'L~7~ .... ? housing element 2 unanimously. 2. Re~ort from Director of M/S: Corr/Callon to submit the Co~unity Services Re: grant applfcation for fundin~ of Application for Roberti- park i~Drovement projects an~ the Z'Ber~ Urban Grants grant a~Dlicatlon for demonstration Progr%m (SB-174) ~tail development to the State · ~Depar~ment of,Pa~ks~nd_Recreation. - C ~'i'e d~i~8 us i~y-.- ~ (-Pub ~ ~h~ -h~ i~n ~.to'be'~he~d at future'specified dat& ~t6 consider the ,issue' o'f-tra~ls~2~ -- '~,'- :-,: '...v--~- - 7 - AGENDA ACTION TAKEN VIII. ADMINISTRATIVE ~'~TTERS ADMINISTRATIVE MATTERS (cont'd.) C. DEPARTMZNT HEAD'S & OFFICERS . 3. Director of Public Works Mr. Shook, Director of Public Re: T.D.A. Funds Works, presented. staff report, dated 4/13/79. Further, he reported recommendations of the Parks and Recreation Commission to accomplish priorities la, lb,'and 2, and request for clarification on item 4. M/S: Kalb/Corr to approve sub- mission of priorities 1 and 2 under the 70 percent T.D.A. funding allocation, and item 4 under the SPECIAL PROJECTS'portion of the Program. Carried unani- mously. Projedts approxed: l(a) -QUito Rd. from Ravenwood Dr. to Allendale Ave. l(b) - Allendale Ave.i from Quito Rd. to Montpere Dr. 2'- Quito Rd. from Allendale Ave.~ to Yorkton Way 4 - Hwy. 85 from Brookwood Ln. to Saratoga Ave. D.!Report Re: Consideration The City Manager reviewed Council of Desire to Proceed with deliberations at its Committee of Formation of Village the ~ole Meeting relative to the Parking DiStrict #4 status'of Pa~k{ng District No. 4. This was initiated by a letter from Mr. and Mrs. Brown relative to the current plans to include ingress and egress to Third Street from the proposed District. This also raised the issue relativeto the take of property to accommodate a two-way street, and whether or not this should be one-way. Another issue had been raised as to whether or not the Council wanted to proceed in the direction of forming a parking district at all. Councilconcensus at this time to leave this access as one-way; however, favored entrance onto one- way rather than exit. Further, indicated support to develop the Parking District as proposed. 8~'~ '~ '~ AGENDA ACTION TAKEN ./ VIII. A~{INISTP~TIVE ~TTERS ADMINISTRATIV~ ~fATTERS (cont'd.) D./CITy_=M~NAGER The Council directed staff to ~L~._]~rt' ~ ;"'~ ~' 'report back concerning these - ~_ R Consi~e~'f6~ issues-, and it was agreed to delay i-~ of Desf~ tb'~'Pr6C~ed taking action until--the Council ~ with Formatio~"~ had received input re: Floyd Gaines ~"' Village Parking Dfstric~' (C-194)~on 5/16/79. #~ (~ont'd.) 2. Report on SB-283 - Council concensus to take no Restructuring~of the action on this proposal. Metropolitan Transpor- /~ tationCommission 3. Repor~ Re: Application The City Manager presented the for Grant Funds Under ~staff report dated 4/13/79.. Metropolitan Transpor- 'tation Commission - Council concerns expressed as follows: Transportation Develop- memt Act (Section 4.5) 1) Concern re: experiencing to Fund Joint Venture another "Dial-a-Ride". Between Saratoga and 2) Program be narrowly defined Los Gatos for Para- to seniors and handicapped. Transit Service 3) Service not interfere with County transit system, and ® Resolution 898 function in the confines of the City. ~ Resolution Author- 4) Schedule be developed to i~ing the Filing of provide group transportation an Application with' to major points, i.e., Kaiser the Metropolitan Hospital, etc. Transportation Commission for M/S: Corr/Callon to adopt Allocation of Trans- portation Resolution 898, and staff report back prior to receipt of funding, as to 'specific operational plan. Carried unanimously. 4. Housing and Community 'The City Manager presented staf~ Development Act Program report, dated 4/11/79, recommending ~ approval of subject proposals. · Approval of One Full-Time Person for M/S: Kalb/Corr to approve temporary HCDA Program (SHA~ full-time position, and re-programming and Citizen Partici- of funds for Senior Citizen Communit7 pation)' Center addition. Carried unanimously. · Re-programming of Previous Year Carry Over Funds ($28,550) to Senior Citizen Community Center Addition. - 9 'AGENDA tCTION TAKEN VIII. ADMINISTP~ATIVE~TTERS '~INISTRATIVEI4ATTERS (Cont"d.) D. CITY ~IANAGER (cont'do) 5. Acquisition of Parcel- M/S: Corr/.Callon to support Quito and Pollard Rds.~ acquisition of this property.. offerred by Santa I".- Clara County ($2,000) IX. ~CKNOI~EDGE~NT OF PUBLIC ACKNO~.~EDGEI.~NT OF PUBLIC GROUP REPP~SENTATIVES GROUP REPRESENTATIVES Th~ Mayor acknowledged the {~r~s~nc~Y~y of the following representatiV~f'~' Eunice Stark, G.G.G. (coffee hostess) Virginia Laden, Chairman, Planning Cormnission John Terry, Parks & Recreation Comm. Gene Zambetti, Planning Commission Ron Hills, Parks & Recreation Comm. Ed Gomersall, Parks & Recreation Comn~ission Gladys Armstrong, observer, League of Women Voters Vic Monia, President, l~Test Valley TaXpayers & Environmental Assoco X. 'ADJOURnmENT ADJOUR~MENT M/S: Corr/Matteoni to adjourn. Carried unanimously. Meeting adjourned at 11:30 P.M. ,. ubmitted, 10 -