HomeMy WebLinkAbout03-05-1980 City Council Minutes M I'N,U T E S
-r_ ! SARATOGA CITY COUNCIL .... -
TIME: March 5, ~1980- 7:30P.M.
PLACE: Saratoga :City Council Chambersi ,13777 Fruitvale Ave., Saratoga, Calif.
TYPE: Regular ~eeting
A~ENDA t ACTION
·
I. ORGANIZATION ORGANIZATION
A. ROLLCAEL : Present: Councilmembers Callon,
Corr, Matteoni, Kraus
Absent: None
B. MINUTES [(February ·.20, 1980)
Councilwoman Corr: Page 1
caliPH t~'in~lc~[e~Cgdn~iWo~a~
Callon voted in opposition re:
· CERTIFICATION OF EIR - SARATOGA
WATER IMPROVE~.~ PROJECT.
Robert Shook: Pagel8, item
IX-C(1) IRe:. Saratoga Avenue Bicycle
Safety. Modification to reflect
alternative to provide for 3
travelled lanes and a 4-foot bike
lane.
!~:':~6~il~ilon~'~o approve the
minutes of February 20,1980, as
modified. Carried unanimously.
II. ' CO~R.~NICATIONS "' ".dO~NICATIONS
A. ORAL
1. Dee Ful'gham, 20502'Wardell: Letters to be considered on
Road! re: 45 letters con- Mar~h 5, 'I980.
ce~ning W~rd~ 11 extension' ..
plan~
2. Russell Crow~her, 20788 The City Manager·explained this
Norada Court. requesting resolution allows th~ City to
clar~ficatio~ re: Resolutior Charge a' pro rata share for off
94I.~ i site improvements. This would
~ · apply. to'either expanding or new
developments. Existing residents
would not be assessed for re-
placing culverts that are inadequate.
· B. WRITTEN. t.
1. VirgSnia HendersOn, 13225 Noted and filed; City Manager.to
Via Blanc codrt,.re: safety respond.
of bicycle r{ders'.
2. Moni6a Butler, Chairperson, '~n~s~a~kn~i~e~~~7-~
Local Governmental Re- '
"lati6ns Committee, Los ·Gatos -~ommis~ion a~t~f~tu~'~~.
Saratoga Board of RealtorS, ~"~"~=" ~ ' '
re: Sign Ordinance.
AGENDA ACTION
II. COMMUNICATIONS (Cont'd.)
B. WRITTEN
3. Russell L. Crowther, 20788 Noted and filed.
Norada Court, re: City
Attorney's analysis of the
hillside initiative.
4. Russell L. Crowther, 20788 Noted and filed. Council acknowledged
Norada Court, asking to City Manager's response indicating
appeal City Cquncil's there is no provision for appealing
approval of Saratoga Water this matter.
improvement Project EIR.
5. Lloyd and Hariet Sunblad, Noted and.'filed. Letter to be
13573 Ronnie way, re: pro-. included with public hearing on
posed Housing Element. this subject.
6. Russell Lo Crowther, 20788 City Manager pointed out areas
20788 Norada Court, re: of.misinterpretation of the
notification of City Counci Government Code ,i~;Mr. Crowther's
and Planning Commission letter. COuncil concensus to
meetings. offerfthe option to receive the
Cornmittee of the Whole.agenda;
also, requested City Manager
p6blish.in th~ Saratoga News a
letter indicating the availability
of Council agendas in the City
Clerk's O~fice on Fridays prior
to Council meetings.
7. Ralph W. Ballmer, Chairman' Noted andtfiled'.
Transportation Committee,
Loma Prieta Chapter, Sierr~
Club, re: proposed condo-
minium project on West
Valley corridor.
8. John B. Lochner, Mayor of Noted and filed.
Los GaCos,' copy of letter
to State Department of
Transportation re: proposed
Condominium project.
9o Elizabeth AnsneS, League Noted and filed.
of Women Voters, enclosing
a summary of the League's
,-, study of surplus school
property in Los Gatos and
Saratoga.
10. Heber N. Teerlink, Mount M/S: MatteoniZCorr that the City
Eden Road, requesting re- Council reconsider the issue of
consideration Of the horse the trail easement on SD-1355, as
trail and i~s location as per the recommendation of the Parks
set forth in the tentative!. and Recreation.Commission. recommen-
map on the Teeriink Ranch. dation. Carried unanimously.
located at Pierce and Mto
Eden Roads.
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~5'/F~ .
AGENDA ACTION
II. C6MMUNICATIONS (Cont'd.)
B'. WRITTEN
11. Ursula E. Kanady, 12631 Noted and filed.
Paseo Flores, praising the' ~
SHARP program ~nd City
employees, particularly
Susan Tupper.
12. Ralston Johnson, 13999 Noted and filed.
Pierce Road, expressing
comments re: Measure A.
IIIo SUBDIVISIONS, BUILDING SITES, SUBDIVISIONS, BUILDING SITES,
ZONING P~QUESTS ZONING REQUESTS
A. CONSIDERATION OF APPEAL.BY The City Manager explained this
RICHARD C. LINDBERG~ 13050 item had been continued to this
PIERCE ROAD, OF PLANNING evening to allow the members of
COMMISSION DECISION TO DENY ~ the Council to view the site.
USE PEIMIT TO ALLOW CONSTRUC-'
TION OF A DETACHED THREE-CAR Councilwoman Callon commented that
GARAGE (UP-434) (Cont'd'. 2/20) ~h'e~"~pi~i6~holds~t~a~ .t~is structure
~'~Op0~d does ~mDact'.th~'neighbor-
hood. She therefore moved to deny
· .. the appeal. The motion died due
to lack of a second.
M/S: Matteoni~Corr that the.variance
be gr~nted for~ 7'1" rear yard
s~tback,'sub~ect'toconditions of
~th~ r&duc~d heigh~ of the structure
to a maximum of 12', the land-
· scaping requirements, including
l~ndpdapi~g on the court side. This
~variance to Be~gr~ted'on the
f611o~ing~basiS:
~ The ~djSining structure has the
7'1" setback, and this would
~ ~not be_~iving special privilege
over ir~nediate neighbors. Also,
there are mitigation conditions
interms of the height control
to avoid special privilege,
interference or impacts nto the
adjoining neighbors.
The motion was carrie~ 3 to 1,
Councilwoman Callon in opposition.
IV. PETITIONS, ORDINANCES, RES OIIrflON PETITIONS, ORDINANCES, RESOLUTIONS
A. RESOLUTION 941 (Cont,d~ 2/20/8( The City 'Manager pointed out the
changeSLon this resolution, as per
A RESOLUTION ESTABLISHING FEES the 'Conncil's d~rection at the
FOR PRO-RATA EROSION, DRAINAGE previous'meeting.
AND FIRE PROTECTION REQUIRED:
BY ADDITIONAL DEVELOPMENT IN
THE I,~STERN FOOTHILL SECTORS ~t
SARATOGA AND OTHER PROPERTIES~
DRAINING INTO' THE CALABAZAS
DRAINAGE BASIN
3
IV. PETITIONS, ORDINANCES, RESOLUTION~
(Cont'd.)
A. RESOLUTION 941 : Mr. Wimberly =es_p_onded'on each
point in the letter presented by
A PZSOLUTI6N ESTABLISHING FEES Mr. Crowther on behalf of the
FOR PRO-RATA EROSION, DP~INAGE Arroyo de Arguello Homeowners
AND FIRE PROTECTION REQUIRED Association.relative to the
BY ADDITIONAL DEVELOP~.~NT IN ~ Calabazas Basin and flooding to
THE WESTERN FOOTHILL SECTORS ,OI Arguello.
SARATOGA AND OTHER PROPERTIES
DRAINING INTO THE CALABAZAS M/S: Matteoni/Corr to adopt
DRAINAGE BASIN Resolution 941, with the modifi-
cation to Section 2 to provide
that the fees be reviewed annually.
The motion was carried unanimously.
B. RESOLUTION 873.1 M/S: ~rr/Ca~ion to adopt
Res61utf0~ 873.1. Carried
A RESOLUTION OF THE CITY unanimously.
COUNCIL OF THE CITY OF SAP~TOG~
REVISING THE EXISTING CITY OF
SARATOGA E~.~LOYEES' DEFERP~D'
COMPENSATION PLAN
V. PUBLIC HEARINGS PUBLIC HEARINGS ~
A. TO CONSIDER APPEAL:By MR. & Mr. Robinson, Planning Director,
MRS. BARCO, MR. & MRS. SUYEYASL indicated .there,was some discussion
MR. & MRS. THORKELSON, AND ~ at the Land Development Committee
MR. AND MRS. BALBONI, OFICAM_INC meeting that the lot split be
BARCO, OF LAND DEVELOPMENT r~tated ~ov~{~'th~t the main
COMMITTEE DECISION RELATIVE TO structure. yould ~e located b~/the
INCONSISTENCY WITH THE GENERAL flatter portion, and the riparian
PLAN IN APPROVING LOT SPLIT ON area woul~ remain in its natural
ALLENDALE AND CAJ~INO BARCO state. This was Colonel Barco's
.(SDR-1425) concern. Additionally, Colonel
Barco and'~eighbors had asked that
: the use permi~ for the church be
~' reviewed, due t6 the location and
activities on the ball field.
The Planning Commission conducted
a study session on March 4th,
and requested the Church to return
by April 1st with a list of
activities proposed to be used on
· . the field. This will be discussed
on April 15th.
The Mayor opened the public hearing
at 8:58 P.M.
· Cot'6~el Barco, 19101 Camino Barco,
indicated he is going to give a
statement, at the end of which he
is going to have three recommen-
dations. One will be to continue
this hearing, in that the Planning
-- Commission is currently reviewing
the permit for the church. Also,
Mr. Muir just received notification
of this matter.
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AGENDA ACTION
V. PUBLIC HEARINGS (Cont'd.) Colonel Barco pointed out on the
overhead exhibit the area of the
A. TO CONSIDERAPPEAL-BY MR. & creek and also potential flood
MRS. BARCO, MR. & MRS. SUYEYASI area. He also pointed out the
MR. & MRS. THORKELSON, AND 'location of large and beautiful'
MR. AND MRS. BALBONI, OF C~IN( trees on this property, and the re-
BARCO, OF LAND DEVELOPMENT ~ lationship to Parcel B.
COMMITTEE DECISION RELATIVE TO
INCONSISTENCY WITH THE GENERAL He indicated that in this wooded
PLAN IN APPROVING LOT SPLIT ON area'there are at the present time
ALLENDALE AND CAMINO BARCO approximately 65 Quail, up to 100
(SDR-1425) Fantailed Pigeons, approximately
50 Morning Doves, and a wide
'(Col.~ Barco - Cont'd.) variety of other exotic birds.
Additionally, there are approxi-
First item: There is no provisior mately 20 rabbits, a great horn
in the City Charter'that permits' owl which comes back infrequently,
a citizen to appeal to the CityI and there used to be a lot of deer.
Council on any action of the It is a haven of wildlife. Col.
Commission or the staff,~except Barco stated_that when he~ '
for specific items. This is ~t~"Th~¥k~l~ons .b~it
Something that should be 'correcteC ~side of ~he creek _.in.~ef~r~i~0'
expeditiously.
~re~e this.naturai area, the~
-%ntentionally backed. the h6uses
Second item: 'One of the things '~off from the ~r~e~'~s'°faY-'~s 'the~
for which there is'no appeal ~l~t-them. The reasons for
is a decision by the Planning this were: 1) to preserve the
Commission on a lot split, excep:t wildlife' and the natural beauty
on grounds of incons$~tency with of the spot;.and 2) flooding of
the General Plan. %ndividu~l~"~~ the creek.
are not supposed to appearon t~'e
basis that they disagree with the Colonel Barco commented that their
.environmental impact report. concern is that any building is
bound to affect the fauna and
Third item: The 2+ acre parcel. temporarily affect the flora. He
of land in question iS being split indicated that by splitting this
for the stated purpose of land as he proposes, the church
creating one residential lot, an'd would have two prime residential
another lot which will be an lots and it would not be necessary
athletic field. All of this lan~ to build any house in'that wooded
is and has been for. years zoned' area or on that slope.. The 'church
"R-i-40,000". There is nOthing l makes no bones about the fact that
in ~e use permit that auth6rizes they are splitting it as they are
or denies.an athletic field. because they Want to sell off one
~- ~ .................. ~ ....... building site parcel; however, they
~[Col. !Ba~'0 recommended the. also want to retain the other for
~f.~llP~-~ng/~'~ti~ ~Y' t~e~cS~h~'~: the purpose of an athletic field.
He stated that on August 8, 1966,
1) Make a review of the. environ-, the use permit was granted to the
mental impact report. church, and there is. nothings-in
that use permit' that says:they can.
~2) Postpone any final.decision : have an athletic field. On
on the lot Split until the' November 25 1966, the Planning
Planning CommisSion decides on '
. Commission denied unanimousiX a
th~ use permit, and th~n review request for a~se permit'f~r
that decision .also.. .Church Institute. Colonel'Barco
~' indicated he ~as approached at
3)'Review the process of appeal .- that time, and he had'specified
.by a citizen and correct a very that if they w6uld be sure to put
gross situation. the parking on the north side of
the Institute, h~ 'couldn'tj'ob~ect
to this; and if 6he~ would not
'- 5 -
AGENDA ACTION '~-
V. PUBLIC HEARINGS (Cont'd. (Col. Ba~q~'/zi qo~.'~{),....'
A. TO CONSIDER APPEAL BY MR. &' ~at this lot split iskdoing in
~S.'BARCO, MR. & MRS..SUYEYASI essence fs this: By s~,litting
MR. & MRS. THORKELSON, AND this lot in this fashiOn~ they are
MR. AND MRS. BALBONI, OF creatingla lo~ for~one ~ouse,, and
'BARCO, OF LAND DEVELOPMENT' a lot foroneldthfetic field.-~'
CO~4ITTEE DECISION RELATIVE TO' The athletic field is not con-
INCONSISTE~CY WITH THE GE~P4~L sistent with a neighborhood of
PLAN IN APPROVING LOT SPLIT ON residential homes. He would
.-ALLENDALE AND CAMINO BARCO recommend the City Council post-
(SDR-1425) pone its ~ction on this until
such tim~ as the Planning
(Col. Barco .cont!d..)' CommisSion can finally decide on
the use permit.
build any patios or have any
parties, he would not object to i~ Councilman Matteoni inquired if
Also, he stated there was not to there is sufficient area overall
be any amphitheater. This was of the 65,000 square feet on
all agreed to; however unfortu~- Parcel B .to have 2 lots or 3 lots.
ately, Mr. Walker had not nailed
~11 this. down in writing in the Mr. Robinson replied this would
permit. He knew this because probably end up with 2 lots.
later when they b'uilt~ they because of the dimensions.
built a patiO.
~ Walter Mfiir~ Bishop Of the Saratoga
On November 19 ahd 20, 1973, Second Ward, Commented that
Colonel Barcorstated he was initially it was planned to use
approached by the churdh in this as a softball field.for the
regards to using [he fieldin yofing people's program. They do
~aCk, referred~to as "unimproved 'not use'it for this purpose because
prOper~ty", for the p~'rpose of " the kids were slugging the balls
softball games for members of the ifito the ~trees and into the creek.
church.'. He indicated tha't he . THe kids liked soccer better than
signed thei~ letter and als0 .I ~ softball, so they put up the movable
.put a postscript on {t, com[ goals for girls and.boys soccer.
their'u~derstan~ing that'-the programs. Most of the activities
field~was to be for softball and (~e'~confined to inside. Mr. Muir
only used by members o'f the ~l~ined that the instructions
.'and only during daylight hours,~ 'from'Salt Lake are to get the
and if they built a backstop; i~ extra land out of the Church's
wou~dbe. on the church parking name and put it onto the tax
'lot side, and not on Colonel roles and get it utilized. They
Barco's side. They never. went would like to' keep this playing
for the.softball because they area and sell the parcel.
went into soccer. Since ~hat
time, the following has taken Councilman Matteoni cormmented that
place on the field: 1-) ~ luau; he does not feel. the issue is the
2) a big picnic complete with al playing field, as he knows the
sound truck; and 3) a square Commission will review this and
'dance. This has been going on some accommodation will be met.
for 4 years. Colonel Barco to minimize impacts to .the-peighbors.
indicated he-had not intended at - _
any time that this was'going to Mr. Shook, Director of Public
be a permanent installation as Works, explained that the
he knew it was still zoned property:line as=seen now'Will
"R-I-40,000". not be fenced. It will generali~
be fenced'in ~a straight line
where it intersects the slope.'
AGENDA ACTION
V. PUBLIC HEARINGS (Con~"d.] "l; .., : '.
A. TO CONSIDER APPEAL BY MR, & Councilwoman Callon asked if this
· MRS. BARCO, MR.& MRS. SUYEYASL property were to he split the.,
MR. & _MRS. THORKELSON, AND other dir.e'ct~on as mentioned by
MR. AND MRS. BALBONI, OF CAMINC Colonel Barco, would two rec-'
BARCO, OF LAND DEVELOPMENT tangular lots such as this be
CO~IMITTEE DECISION RELATIVE %O feasible.
INCONSISTENCY WITH THE GENERAL
PLAN IN APPROVING LOT SPLIT ON Mr. Robinson ~eplied there:woOld
ALLENDALE AND CAI{INO BARCO be no problem .in getti~g two.- .
(.SDR-1425) lots on this property ~- one
would be a flag lot due to access.
He further pointed out that the
Planning staff ha'd looked at
' such things as drainage and
driveway access in recommending
the particular orientation of the
structure on this property.
M/S: Callon/Matteoni to. close
the publiche~ring. Carried
unanimously. The public hearing
was closed at 9:47 P.M.
Councilman Matteoni indicated
he would be interested in looking
at this property before taking
action. This was agreeable to
the other councilmembers. The
matte~ was therefore continued
to March '19, 1980.
VI. 'BIDS ~ND CONTRACTS " BIDS' ~NDCONTRAC~S
A~ AGREEMENT FOR [~J~KONE GARDENS. Refo memorandum dated 2/26/80,
.RESTRORATION recommending approval of acon-
tract with Lenox Design and
Construction Company for restor-
ation of the Lower House at
Hakone Gardens for an amount not
to exceed $105,000. This contract
~ has been negotiated on a time
and materials basis-.
M/'S: Corr/Matteoni to approve
the contract with Lenox Design and
Construction Company as recommended.
Carried unan~mous.ly.
VII. CONSENT C LENDAR
A, pAYMENT OF CIA. IMS M/S: Callon/Corr to approve the
Cons:ent Calendar. Carried
unanimous,ty.
AGENDA ACTION
VII ADMINISTKATIVE MATTERS ~,~ ' ~' ..... ~ ~TT ~. I..
· '~ ADMINISTI~ATIVE ~ ERS ~' ~,
A. MAYOR
B. COUNCIL &COMMISSION REPORTS ~ !1 ~ ,~, l
1. 'Referral and Recommendation The CoUncil' ~ppr6ved' ~e=[tin'g this
from Planhing Commission Re: matter for public hear~ing' on,
Amendment to Circulatfon : March 19, .1980.-
Element of General Plan - ~
Western Hillside Road -, ~-,- '.
A1 ternative ' - '
2. Councilwoman Callon - I.C~~C', It was requested representatives
Subcommittee/on Jobs and ~ come back on March 27 with
Housing; · recommendations.
3. 'Councilwoman Corr- Meeting CoUncil concurred in Counciiwoman
with. QUito homeowners j Corr' s communicating with the
General feeling that there develdper to request meeting with
should have been more representatives of the homebwners
public relations re:new group tO discuss 'concerns.
development. , ·
C. DEPARTMENT HEADS & OFFICERS ,"
1. Director of Community Ser~ Ref. staff report, date~' 2/20/80,
vices Report Re: Community which recommends there be no
Center Rental Rates further increase in Community
Center rental rates for non-
residents and that rates remain
as adopted January 16, and
effective Juiy 1, 1980j
No action taken.
D. CITY MANAGER
1. Report Re: Claims Against! M/S: Callon/Corr to deny these
,the City by Cheryl Tersigni claims and refer to. the City's
and Mr. & Mrs. Louis insurance carrier for consideration.
Tersigni Carried unanimously.
.~ E. ACKNOWLEDGE~ENT OF PUBLIC
GROUP REPRESENTATIVES The Mayor acknowledged the presence
of the following public group
representatives this evening:
Virginia Laden, Chairman, Planning
Commission; Louise Schaefer, Planning
Commission; Ed Gomersall, Parks and
Recreation Commission; Gladys
Armstrong, A.A.U.W.; Sally Price,
' League of Women Voters; Eunice
Stark, Good Government Group.
IX. ADJOURI~ENT ADJOUR~F~4ENT
M/S: Corr/Kra~s I to adjourn .the
meeting. Carried unanimously.
The meeting was adjourned at
P.M. . ·
Clerk