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HomeMy WebLinkAbout02-06-1980 City Council Minutes MINUTES' SARATOGA CITY COUNCIL TIME: Wednes'day, F~bruary 6, 1980 - 7:30 P.M. PLACE: Saratoga City Council Chambers, 13777Fruitvale Ave., Sara~oga,..Calif. TYPE: Regular Meeting I. ORGANIZATION ~ ORGANIZATION A. ROLL CALL Present: Callon, Corr,. Matteoni, Kraus Absent: None B. MINUTES Councilwoman Corr Addition to" (January 16, 1980) Page. 13, item IX-C Re: Community Center Rental Rate Increase. Include in action approval eliminate fees for community grou~s. 'M/S: Corr/Callon to approve the minutes of January 16, 1980, as amended. Carried unanimously. II. COMMUNICATIONS COMMUNICATIONS '~ A. WRITTEN 1. Ms. Mary Pizzo, 1178 Noted and filed. Creekwood Drive, San Jose, expressing admiration for the City's help with West Valley Recycling Center. 2. Letters supporting the Noted and filed City Manager to proposed addition to the respond. Community Center for use by senior citizens. 3. Ms'. ~acqueline Spillant Noted and fi~ed.; qityM~nager to President, League Of Women r~spo~d.' Voters of Los Gatos~ · Saratoga, P.O. Box 1065, asking for elimination of use fee for the Community Center for organizations such as LWV. 4. Douglass Adams, Adams Referred to Public l~orks staff and Etienne Law Offices, for future report. re: parking in'froht of 14363 Saratoga~Ave. ACTION AGENDA -.' II.' COMMUNICATIONS (Cont'd.) A. WRITTEN 5. Julian Henry, 19050 Referred to staff for appropriate Camino B~rco, re: Gardner follow up. City Manager to respond. ~ Branch Creek and Camino Barco 6. Willem A. K0hler, Noted and filed. Letter to be in- President, Via Regina Road,~. cluded with E.I.R. Certification. Inc., re: proposed Water Improvement Project. 7. Barbara B.'Emerich, Sant!a Noted and filed. No action taken. Clara County Child and Adolescent Advisory Comnissi~ re: State House Conference on Children and Youth,· April 16-19, in Sacramento/ 8. Ms. Christi Welter, chair- Noted and filed. person, Historical Heritag~ Commission, announcing results of 1979 Historic Preservation Awards. 9. Ms. Ellen S. ~yer~ Chair- Noted and filed; City Manager to person, Board of Trus. tees, ~ respond advising approval of project SaratOga Union School.Dist.·, (see item. VIII-C(1-b).' asking support of completion of bicycle pathways on · ' ; Saratoga-Sunnyvale Road an~ Saratoga-Los Gatos Road. 10.44 letters from Saratoga Noted and filed;:City Manager to·f School students and their z :re~6h'd. ~dVi~'i'~'~pprov~l 6f proje~t.~ parents requesting pathways. :(See i~em'VIII~C(1-b). on both sides of.Hiway 9, ~ ..... ~ ........ ~ ....... ~ and other safety. improvement~ 11. Charles E.'~uff, President Council concensus to direct staff Prides Crossing Homeowners, to proceed with improvements as and Taxpayers Association,' p~evlouslv~approyed, including Inc. P.O Box'1081, re: cente~:b~rier. Miller Avenue-CoX Avenue intersection.· :_ 12. Ms. Michele Hamilson, =. NotedI and ~il~d~ nO!action taken. President Midpeninsula ~' - ~--~- Citizens for Fai~ Housing,. inviting councilmembers to :'~' 'tour ahousing development. in Palo Alto. 13. Ms. Josephine L~ Shriver, Noted ·and fired. = City Manager to 13811 Quito~oad,.re: appeal respond advising action ,(item V-D). of ~. Sehrbfock. 14. Rowland Mitchell,·22101 Noted and filed. ~ity Manager to Mount Eden Road, re: DD=136'4 respond advising action (item V-B). and Azule~Springs NatUresPre- serve. : .- 2 - A, GENDA ACTION II. COMMUNICATIONS (.Cont'd. A. WRITTEN 15. Richard Hall, Senior Noted and filed. Letter to be in- Planner, County of Santa cluded with E.I.R.' Cer~ifiCaCiqn. Clara, Re: Draft Environ- "'= mental Impact Report E-12.79 Saratoga Water Improvement -,'I' Project. !... ~ 16.' John Weir, President, Noted and filed. Letter to be in- ArguelloHomeovmers Assn., cluded with E.I.R. Cer. tification. Re: Draft. E.I.R., Saratoga Water Improvement Project. B. ORAL '? 1. Willem Kohler, 21842 Comments acknowledged; no action Via Regina, urging the taken. public hearing on the' ~ Saratoga Water Improvement Project E.I.R. be re-opened. .2. Russell Crowther, 20788: Comments acknowledged; no action Norada Court,'objecting to taken. closing of public hearing Z on Saratoga Water Improve-. ment'Project E,I.R.,'and commenting regarding i~- completeness and inaCcurac~ of E.I.R. III. SUBDIVISIONS, BUILDING SITES, SUBDIVISIONS,'BUILDING SITES, ZONING REQUESTS - ZONING REQUESTS IV. PETITIONS, ORDINANCES, AND PETITIONS, ORDINANCES, A~D RESOLUTIONS RESOLUTIONS A. ORDINANCE NS-60.9 Councilwoman Callon suggested modi- .' ficationS to Section 3, as follows: XN'ORDINANCE AMENDING THE SUBDIVISION OP$INANCE OF " . Advisory Agency and/or City THE CITY OF SARATOGA TO ~ Cit~ Council shall review and change 'PEtMIT EXTENSIONS OF TI~' and modify conditions of approval. ON APPROVAL OF TENTATIVE previously imposed and may impose SUBDIVISION MAPS UP TO~07 new and'different conditions of YEARS approval as a conditioh t0 granting any such extension or extensions, bringing it up to current city policy." M/S: Corr/Matteoni to introduce Ordinance NS~60.9, as modified, and waive the reading.. Carried unanimously. AGENDA ' ACTION IV. PETITIONS, ORDINANCES, AND RESOLUTIONS (Cont'd.) B. RESOLUTION 939 M/S: Corr/Callon to adopt Resolution 939. Carried unanimously.' A RESOLUTION OF THE CITY OF SARATOGA IN SUPPORT OF A It was further suggested the City MOTOR VEHICLE INSPECTION/ ' Manager include in his letter to MAINTENANCE PROGRAM ABAG Council support that this legislation take effect throughout the State. C. ORDINANCE NS-60.10 M/S: Matteoni/Corr to introduce Ordinance NS-60.10, and waive the AN ORDINANCE AMENDING THE reading. .Carried unanimously. SUBDIVISION ORDINANCE OF THE CITY OF SARATOGA RELATING TO FEES D. P~SOLUTION 941 M/S: Matteoni/Corr to continue this resolution to February 20. A RESOLUTION'ESTABLISHING Carried unanimously. FEES TO PAY A PRO-RATASHARE OF FLOODING, EROSION, AND FIRE SERVICE IMPROVEMENTS FOR HILLSIDE SUBDIVISIONS ~ E. CERTIFICATION OF ENVIRONMENt. Mr. Robinson, Planning Director, TAL D~ACT REPORT, SARATOGA' verbalized his report, dated 1/31/80. WATER IMPROVEMENT PROJECT He indicated Mr'. Jeffery Swett of Environmental Sciences, Inc. is present to answer any questions on this E.I.R. Counciiwoma¼ C~rr inquired if--the City would have ~oexpand the urban service area once the service of water ~bro~ght into the sphere of influence. Mr. Robinso~ replied'that Paul SagerS of LAFCO has indicated that by virtue of placing a;'water tank in the sDhere of influence, it is not necessar~ to expand the sphere~of influence. ~ H~fii~! ini~ ~ick "Hall' s comments ~ ~a~'~ayin~ ~ Y~%~ d~sirable to do · . so if you are going to be putting in a water tank. Cheriel Jensen, 13737Quito Road, commented it is premature to form ~ a district without first asking · LAFCOif it is proper. Further, the County has land which is not incor- porated or part of the sphere of influence, and it has not had oppor- tunity to deal with this issue at the planning level. - 4- .. ~1~1 Z~ AGENDA . : IV PETITIONS, ORDINANCES~ AND RESOLUTIONS. (Cont'd.) E CERTIFICATION OF ENVIRONMEN= Councilwoman Callon pointed out if TAL'I}-~ACT REPORT, S~RATOGA this E.I.R. is certified as final, WATER IMPROVEMENT PROJECT this does non have a bearfng on Cont'dL whether or not the project goes forward. The City M~nager. indfcated the~ specifics of the"D~o~ect~ w6uldl bE , considered a6 a p~b[~t h~rin~"' against th~.fpread of assessments. M/s: Mat ebn V Crr, ce t iA ig .of the enviro~ent~l imp~ct.'repo~t as complete, with the additions to the appendix, as. ~ollo{~s: 1) Geologic hazard analysis of the upper Cat-abazas C~ee~ Watershed prepared by William Cotton Associates; 2) Correspondence received from the Arguello Homeowners Association, dated Feb. 5, 1980; 3) Correspondence received from Willem Kohler, representing Via Regina Road, Inc., dated Jan. 17, 1980; 4) Correspondence from Roy S. " Cameron, Director of Planning, and Richard Hall, Senior Planner Santa'Clara County, dated Feb. 6, 1980. This' motion is made, recognizing that the project as analyzed wo~ld have impact on the environment, as indi- cated in discussions throughout the environmental impact analysis. Councilwoman C~ll~n~indicated sh~ is compelled Eo ~ against this motion in that she believes the public should have had the additional chance to be heard. Also, she would be more in- clined mo say that the project has a significant impact on the e~vironment. The motion was carri'ed 3 to 1. AGENDA ACTION 'V. PUBLIC HEARINGS pUBLIC HEARINGS A. TO CONSIDER APPEaL-BY MARTIN The City Manager'indiCated it has~ J. OUDEWAAL, 19387, ALLENDAL~ again been requested this ±tem be AVE., OF PLANNING COMMISSION continued due tothe fact the DECISION RELATIVE TO CON- appellant is awaiting answers from DITIONS OF TENTATIVE Cal-Tra~s-and PG&E.relative to city BUILDING SITE APPROVAL imposed requ~reme~s/,I~. ' ' ~ (.Cont"d.' 1/2/802 M/S: Matteoni/Callon to continue this' appeal to a date uncertain ~ until answers: t,0 the~unreslolved" questions-are redeived. Carried unanimously. B TO CONSIDER FINAL MAp The City Manager explained that APPROVAL, ALLEN DE ~RTINI, this matte~ is ~f0re the~Councit MOUNT EDEN ROAD, SD-1364. due to the fact ehis'subd±~sion-' did not have a p~bl'ic hearing at the tentative map stage.· Mr. Robinson, Planning Director~ indicated that the only condition Mr. DeMartini has not met in terms of this- tentative map deals with the actual expense-with the water ass. es~sment. The Mayor acknowledgedan item of correspondence on this subject from Rowland Mitchell, 22101 Mount Eden ~ Road The public hearing was then opened · at 8:45 P~M. CoUncilwoman Call6n suggested since the Council just received this in- formation tonight, the pdblic hearing be continued tQ February 20, to allow more thorough review.' M/S: Callon/Corr to continue the .public hearing to February 20, 1980. Carried unanimously. C. TO CONSIDER APPEAL BY DAVID The City Manager recommended that WILSON OF PLANNING COMMISSIO~ the Council consider holding a DECISION RELATIVE TO DENIAI~ de novo hearing on this appeal, in OF DESIGN P~VIEW APPLICATION light of the fact the renderings A-'694, LOT 3,'14099 ELVIRA. received by the Council are techni- STREET cally different than those received and considered by the Planning ~ Commission. The appellant has i further requested the item be continued for discussion at a study session by the Council. M/S: Kraus/Callon to hold a de novo hearing on this item, following the public hearing on item D. Carried unanimously. AGENDA' ACTION V. PUBLIC HEARINGS (Cont'd. D. TO CONSIDER APPEAL BY Mr. Robinson, Planning Director, KARLHEINZ SEHRBROCK, 13880 verbalized his staff report, dated ESPADA COURT, FOR VARIANCE 1/29/80. The Planning Commission. TO ALLOW CONSTRUCTION OF A was unabl~ to make the necessary' 96 SQo FT. ROOM ADDITION' f{ndings to grant this appeal. WHICH WOULD PROVIDE AN Also, the proposed location would 18'6" EXTERIOR SIDE YAPS provide sufficient room to allow WHERE A 25' SIDE YARD IS the addition and still meet the REQUIP~D. setback requirements. The Mayor opened the public hearing at 8:50 P.M. Co~, ~nd~Cated that ~ was' sugges:ted to put the addition in the back,' Thi~ would take all the: light away!=from thei~ dining room as there i~ n6 Window ~n/th~'dinfng! room whatsoever. Mr. Marshall at the IPlanning CommissionTMeeting told them ~o remove the g~eenery~ which really wouldn't help. Mrs,' Sehr~ock'indicated she ~s ,an ~4- year-old aunt living with Her.: The'shower is the only facility ~n which. they can get her to~take a Bath.. Thev can"t put her in the bath tub because it is too small fo~%= them-to help her into it. They would place a tub in the new add~t±on So- two people could help her into it, keeping the tub away from the ~all. Mayor Kraus inquired if there is ~ bath tub in the existing bath at -. theback. of the house. Mrs, Sehrbrock replied that this is a showe~ Mayor Kraus commented that according' to 'the planS, it appears that the proposed bath tub would be in the corner, Mrs. Sehrbrock stated that it would be :~et out from the wall so that eachlpefson could Be on onesside of the'tub to help' her in. Ma~or Kraus indicated this is not the way the drawing shows it. Councilman Matteoni inquired what the rectangular area along the outer wall away from the 'tub is. Mrs. Sehrbrock replied they'were going to put a closet in~this location. - 7 - AGENDA ACTION V. PUBLIC HEARINGS (Cont'd. D. TO CONSIDER APPEAL BY Councilwoman Callon inquired why KARLHEINZ SEHRBROCK,-13880 'is there an.!out~ide'entrance. ESPADA COURT., FOR VARIANCE -- ~ "'!' '. TO ALLOW CONSTRUCTION OF A Mrs. Sehrbrock replied this is so 96 SQ. FT. ROOM ADDITION ittiey can cO~e in from the outside, ~ICH WOULD PROVIDE AN ~s'there is a pool; 18'6" EXTERIOR SIDE YARD I/MERE A 25' SIDE-YARD IS CdUncilman' Matt6on~~ asked if there REQUIRED (Cont'd.) is a fence from the garage out toward Quito Road, running parallel with Quito. Mrs. Sehrbrock replied that there is. Councilman Matteoni asked that if the Couhcil were to consider a variance for this side yard setback, is there any reason it has to be 16 feet long, and why the applicant can't take 1t feet of addition if that is-the area that corresponds with the existing bath. Mrs. Sehrbrock replied that the pro- posed plan does correspond with the existing bath. Councilwoman Corr commented that the proposed bath goes beyond the existing bath, according to the drawing, as the door goes beyond it. Mayor Kraus indicated he would like to see a revised drawing of this proposed addition before giving further consideration of this variance. Councilman Matteoni suggested shortening up the door area. Councilwoman Corr suggested possibly turning the bath tub around so that it extended out into room, This would not require as wide an addition and you would be able to get to it from both sides. Mayor Kraus indicated he has a prob- lem with adding closets and outside doors, which seems to take up 90 per- cent of the roomL ~oh%~{lw~man Ca~onocdmmented that ~hT'B~ri~?~'~G&~h~uld be on this addition; however, it need not extend ~eyond the existing house. M/~: .Co~r/Ma~t~oni%to continue Bhis hearing to the next regular meeting on February, 20. Carried unanimously. 8 AGENDA ACTION V. PUBLIC HEARINGS (~Cont ~'d,) C. DE NOVO HEARING TO CONSIDER Mr.. RobinSon, planning Director, APPEAL BY DAVID WILSON OF verbalized his report, dated 1/29/80, pLANNING COMMISSION DECISION On thi's appeal and the reason for RELATIVE TO DENIAL OFDESIGN denial by the Planning CommisSion. REVIEW APPLICATION A~694, He pointed out that the drawings -7 LOT 3, 140991 ELVIRA STREET submitted to the Council this evening were :not submitted to the Commission. The Mayor opened the public hearing at 9.:11 'Mark LagesI, representing David Wilson, addressed the Council. He indicated the reason he ha~s re- questted a ·study session by the CoUncil ~s because he felt the special des~i·gn of this house re- quires sitting down with the Council and reviewing the drawings, &tc. It was the consensus of the Council to honor Mr. Lages~ request for a · . Study sessilon· prior to taking action on the matter. M/S: Ma~teoni/Corr to refer'this matter to the Committee of the Whole meeting, on February 12th, and continue the de novo hearing to IFebruary 20th. Carried unani~ mously~ VI. BIDS AND ·CONTRtCTS BIDS AND CONTRACTS A- ·REJECTION OF BID F~R ARCHI~- It i~ the staff~Is recommendation to TECTURAL BARRIERS REMOVAL reject this bid and re-advertise the PROJECT project, due to the fact the one bid received from R.H. Wehner Co. was subs!tantially over the engineer ' s · estimate. M/S: Corr/Catton ·' ~o reject the bid for the ·architectural barriers removal ~prpject.. Ca, r~ried unanimously. B. COOPERATIVE AGREE~ENT FOR Ref. staff report, da'ted 1/16/80. AS~PHALT OVERLAY M/S: Callon/Matteoni to authorize t~e Ma~o~fto eXecute'this agreement.. Carr±ed unan'imous ly. - 9 - A. GENDA ACTION VII, CONSENT CALENDAR~ , CONSENT CALENDAR A. RESOLUTION 940, A RESOLUTION 'The City Manager requested removal COMMENDING RINA FANTINO 6f item "D" for clarification. B. FINAL ACCEPTANCE M/S: Matteoni/Callon approval of the Consent Calendar, minus item Tract 5922, Chester Avenue, "D". Carried unanimously. Eldred Kunkel Associates · ReSolution 36-B-191 C. CONSTRUCTION ACCEPTANCE SDR-1262, 12908 Pierce Roa~, K.C. Barrie D. CROP AGREEMENT FOR CITY- OI,~ED PROPERTY E. ACCEPTANCE OF GIFTS TO SARATOGA COMMUNITY LIBRARY · Plants and Plant Containex · Literature Display Rack · Armon E. Oeschger?Etching "Mr. Eden Road" F. PAYMENT OF CLAMS VII. ITEMS CONSIDERED SEPARATELY (CONSENT CALENDAR) D. CROP AGREemENT FOR CITY- The City Manager'pointed ou~ m0di- OWNED PROPERTY fications to paragraph 8 of the agreement, as follows: add: "In addition to the foregoing, both the City and?Contractor reserves the right to terminate within license " add: "Neither party may terminate agreement . " M/S: Corr/Callon to approve the Crop Agreement, as modified. carried unanimously. Recess and reconvene VIII. ADMINISTRATIVE MATTERS . ADMINISTRATIVE MATTERS A. MAYOR 1. Requested Council represen- Councilwoman Callon to serve as tative to serve on Ad hoc representative. Committee on Housing Task Force Report. 10 - AGENDA ACTION VIII. ADMINISTRATIVE' MATTERS (Cont'd~,) A. MAYOR (Cont'd.)- 2. Appointment of Council Appointed Councilwoman Callon to Member to Santa Clara serve as City's representative. County Transportation Commission 3. Letter fromCalifornfa State Copy of letter to be distributed Automobile Association ' to Council for consideration at to participate in the the next regular meeting on A.A.A. Pedestrian Safety February 20, 1979. Inventory Program. B. CbUNCIL AND COMMISSION P~PdR~ 1. Councilwoman Corr Re: Council to review the report, and Public Hearing on Inc~easeC agendize this item for consideration Fares - Transportation at the regular meeting on February 20. Commission C.DEPARTMENT HEADS ~tND '~FFICE~' 1. Director of Public Works. a. 460 Saratoga Avenue Staff.has looked~.at alternatives Bicycle Safety from ~'8 '~h~ ~i~i~I~reCo~n~enda~i~n to Fruitvale Ave. to ~nstrucf a tw6zwa~ bike-~a~ b~h~nd Via Monte ~h'~'~urb onethe westerly s{de of - 'S ~ r~6 ~' '~enu~' ~-~'e~ F~{[~ 1 e and Via Monte. The alternatives arrived at are not felt to be feasible; therefore, it is the staff's recommendation to ~0nstruct ~ a two-bike lane as originally= recommended. It was the consensus of'l~he Council to.meet with Public Wor~s staff representative(s)'to review the7 recommended tw6-wayt~ik~ ~&ne p~o- posal, on site, at 7:30 A.M. on February 8th. The item will be continued on the agenda on February 20, 1980. b. Bicycle Lanes on Mr. Shook, Director of Public Works, Saratoga-Los Gatos Roa~ reported that the State has indi- and Saratoga-SUnnyval& cated its intent to prOvid~ facilities Road on'6oth's~des of Highway 9 and : Highway 85. M/S: Callon/Corr to indicate Council sLupport of this project. Carried unanimously. c. Pavement Replacement, M/S: Corr/Callon to approve the frontage on Kirkmont expenditure of $6,900 from Capital Drive (Saratoga Foot- .Improvement fundS, for this work. hills) Carried unanimously. 11 = AGENDA ACTION VIII. ADMINISTRATIVE MATTERS (Cont'd.) C. DEPARTMENT'HEADS AND OFFICERS 2. Director of Inspect%on Scheduled-for 'discussion at ServiCes Report Re: Geologic Committee of the Whole Meeting on Mapping of the Upper ' February 12, 1980. Ealabazas Creek Watershed' D. CITY MANAGER 1. Report Re: Changing State The City Manager verbalized his and Local Government Fiscal' report, dat'ed 1/23./80.~ It is Relationships in the 1980's recormnended the Council give con- and Immediate Impact on the' sideration to the formation of a City of Saratoga "Blue Ribbon Committee" to review the impacts,,of Ja~viS II on lodal government, consisting of repre- sentatives of[~omeowners associations, school districts, Chamber of Commerce, . community groups, etc. Report'acknowledged. 'Council indi- -cated its support of the "Blue Ribbon Committee" concept. C. RECOGNITION OF PUBLIC GROUP The Mayor acknowledged the presence REPRESENTATIVES of the following public group representatives this evening: Gene Zambetti, Saratoga Planning Commission Gladys Armstrong, A.A.U.W. " Sally Price, League of Women Voters IX. ADJOURN}~b~ ., ADJOURNMENT M/S: Matteoni/Callon adjournment to Executive Session. Carried unani- mouslyl. The meeting was adjourned to Executive Session at 10:50 P.M.