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HomeMy WebLinkAbout11-15-1972 City Council Minutes SARATOGA CITY COUNCIL MINUTES TIME: November 15, 1972 - 7:30 P.M. PLACE: Saratoga City Council Chambers, 13777 Fruitvale Ave.., Saratoga, California TYPE: Regular Meeting I. ORGANIZATION A~ ROLL CALL Present: Councilmen Bridges', Diridon, D~wyer, Iraus and Smith Absent: None ,, i . ! B. MINUTES It was moved b~ COuncilman Dir{don",and seconded 5y'Councilman Bridges that the minutes of November 1, 1972 be iapproved. 'The motion was carried. II. BIDS AND CONTRACTS A. AGREEMENT FOR PLANNING SERVICES It was moved by Councilman Dwyer and seconded by Councilman Diridon that the Agreement be approved, subject 'to 1) receipt of a fee schedule from the consultant; 2) inclusion of an audit provision in Paragraph H~; and 3) ~roVision for termination On 30 days notice. The motion was carried. ' B. AGREEMENT FOR POPULATION ESTIMATE S'URVEY It was moved by Councilman Dwyer a~d seconded by Councilman Bridges that the Agreement for Population Estima,~e Survey be approved and that the Mayor be authorized to execute same; the motion was carried. III. PETITIONS, ORDINANCES & FORMAL RESOLUTIONS A. RESOLUTION NO. 85-9.7 - A Resolution Amending Resolution No. 85-9.4 Adding to Basic Salary Classes, Employment Position Classifications and Compensation .Schedule for · Employees of the City of Saratoga It was moved ~y Councilman Iraus ana seconded by Councilman Dwyer that Resolution No. 85-9.7 be adopted; the motion was carried. B. RESOLUTION NO. 432-1.2 - A Resolution Amending Resolution No. 432-1.1 Relative to Terms of Student Members of the Parks and Recreation Commission Councilman Bridges moved that Resolution No, 432-1.2 be adopted;wi~__h eh'e ?~H~fit~Te~a~~ r: student'-be appointe~ from Saratoga High School. Councilman l~ra~s seconded the motion, and it was carried. C. RESOLUTION NO. 542.2 - Resolution(Amendin Resolution ~2' Relating to the Terms of OffiCe an~ ~h'~ Meeting~Time of the Youth Comd~ission It was moved by Councilman Dwyer and seconded by Councilman Diridon that Resolution No. 542.2 be adopted; the motion was carried. D. RESOLUTION NO. MV-50 - Resolution of the City of Saratoga Prohibiting Parking or Stoppihg at Any Time Along Certain Portions of Park Place It was moved by C~uncilman D. wyer and seconded. by Councilman Iraus that Resolution No. MV-50 be adopted; the motion was carried. E. ORDINANCE NO. 38.38-1 - An Ordinanc~ Amending.the Saratoga City'Code Comply with'the Dog License Tax Schedule for the County of Santa Clara The City~Manager explained that the~current license rates are $4.00 for neutered dogs and $6.00 for those which have not been neutered. ordered the introduction of the ordinance at this time. IV. SUBDIVISIONS,-BUILDING SITES AND ZONING~REQUESTS A. SDR-997 GARY MILLS, MONTE VISTA'DRIVE It was moved by CoUncilman K~aus and seconded by C~uncilman Dwyer that Resolution No, SDR-997-1, granting ~inal building site approval, be adopted. The motion was carried. B. SDR-922 - DONALD COMER/COCCIARDI ~ORP., PIERCE ROAD It was moved by Councilman B~idges and seconded by Councilman Diridon that Resolution No. SDR-922-1, granting final building site approval, be adopted. The motion was carried. C. TRACT 5314 - STONESON 'CONSTRUCTION It was moved by Councilman Diridon and seconded by Councilman Bridges that Resolution No. SD-1003-1, approving the final map, be adopted. The motion was carried. D. TRACT 4726 - DITZ-CRANE It was moved by Councilman Dwyer and seconded by Councilman Kraus that the council acceptsimprovements for construction. The motion was carried. V. PUBLIC HEARINGS A. SARATOGA FOOTHILLS D~VELOPMENT CORPORATION - SIXTH AND BIG BASIN WAY Mayor Smith explained that there'~is a request to rezo~e the entire parcel which is located on the corner of Sixth and Big Basin Way to Multi-Family. Residential zoning. He advised that at the last meeting, the Council had voltted to/app~'~fs front portion of the property for rezoning. This ~.~act~'was re~rred~ack to the Planning Commission. The City Manager explained that th~ application was originally for R-M-3000, and the Planning Commission determined that that it should be for R-M-4000. Mr. Lohr of Saratoga FoOthills Development Corporation indicated t~at they would like very much to see the proposal accepted. I! Councilman Bridges moved that the public'hearing be closed; Councilman Kraus seconded the motion and it was carried. Mr. Turgeon indicated that by ~h~a~g~g. this zoning~h~y woul~ lbe able to com~ up with a better layout of open gr~tha~'t~ live within the con- fines, and this would bring down the number of units from 34 to 29. Mayor Smith inquire~ i~ this change could be worked out in Design Review and still comply with the Zoning Ordinance. Mr. Walker of the Planning Department indicated that it would be considered as one parcel for future building site approval. - 2 - Fir. Johnston, the City Attorney, asked if the ordinance to amend the Zoning Ordinance has been introduced before. Mr. Walker replied that it hasn't. The Mayor introduced the ordinance,.which will be agendized for the next regular meeting. ~ VI. ADMINISTRATIVE MATTERS A. MAYOR 1. Advised that ih..cOnsidering an annexation~h~ ~Ommun~ty service element is no longer considered; however the capability of the schools would now be considered in the area proposed to be annexed. 2.Announced that there would be a~ Executive Session to follow this meeting. ~ 3. Indicated that he has asked the City Manager to report at the next regular meeting regarding pound service in the community . B. FINANCE 1. Payment of Claims - It was moved by Councilman Dwyer and seconded by Councilman Bridges that the list of disbursements be approyed~and that the Mayor be authorized to sign the warrants. The motion was carried. 2. City Clerk's FinancialIReport -~Not~d and filed." 3. City Treasurer's Report - Notediand filed. .~ C. COUNCIL AND COMMISSION RE~ORTS 1. Library Commission- ~ ~ a) Senate Bill 1261, Providing ~unds for Library Services - It was moved by Councilman Diridon that the council endorse Senate Bill 1261 and communicate its support'to the appropriate committee. Councilman Dwyer seconded the motion, and it was carried. 2. Planning Commission a) General Plan Recommendat~onsr Councilman Bridges indicated that the thrust of the Planning Commission's consensus was that no land be. considered for Retirement Housing other than those already designated as R-M, and any ~th~r lands would be con- sidered on their merits. Councilman Diridon felt that~the Retirement HouSing issue~has been a topic of discussion for a long time and that it would be appropriate if the developers could be allowed to start on~=a'~p~a~."~ Mayor Smith indicated that i~ was his thought that the guidelines of Retirement Housing were complete and that the council was to communi- cate them to the citizens committee. He commented that it is his feeling that it is very important to th~ spirit of the ~1973~Ge5~'~1~ Plan i~R~i~ft~ye~_h~f~i~P~t~.?~Y' cf~i~hS~ Mr. Bridges commented that there were several points which were raised from these standards, but there are some areas which are not designated as R-M which might be suitable for smaller complexes%'~6r retirement housing. He felt that if a developer brings in something which would help to solve some proBlems, he shouldn't be forced to wait a year from now until we can tie down some guidelines.~9 Mr. Lohr indicated that they have been folloying the development of retirement housing for the last four years and that they have had an~l application in with the Cityi.for the past fifteen'months, with the 'impression that the Retirement Housing OrdinanCe wou~d be drafted. Mr. Lohr stated that if thislgoes to the 1973 General Plan Review~ there will be a delay of approximately a year~ MayOr Smith indicated that he didn't feel there should be any question~ as to the need of retirement housing; however,. he questioned whether or not the need is for people who can afford $200 per month and more. He.felt that the best way to go would be to the 236 Subsidized Hpusing Program but that this matter would require a good amount of citizen input. Mr. Lohr advised that the market is not for low-income housing, and also, they do not have the experience for this type of housing. He indicated that they would expect to build 25 units per year for the next three years and, at this time, almost' all of the units have been spoken for. These are for the most part.residents who are looking for a place for parents. Mr..Lohr further indicated that in a year rates and interest would be going up, and th~s would involve possibl~ a 15% increase. He stated that there are several people who don't have large incomes, but they do have large equities. He felt that they should be allowed to go ahead with some retirement housing for those people who have sufficient equities or incomes. Mayor Smith ind{cated that ft was his recollection that the Council had recommended that the Retirement Housing element be held out and' left open to allow for some future decisionSin the General Plan Review process. Councilman Dwyer indicated ~hat his understanding of "retirement housing" has become blurred, in that originally the talk reflected a need for rather high-density low-income units which would be sub- subsidized for loans and something that would allow for "windfall" proceeds. Mayor Smith asked Mr..,Lohr if what he is really asking for isn't merel~ a change of zoning.~Mr. Lohr stated that they looked tO the Council for direction id the past when they asked for R-M-3000 zoning; however,.this was referred back to the Pl,anning Commission. They were then advised [o' p~t-~their application in and wait for Retirement Housing to come UP on the General Plan. Councilman Dwyer asked if Mr. Lohr was not viewing the property as retirement property. Mr., Lohr replied that thai have some very old people who.are interested a~ well as so~e=~are working. Mr. Lohr indicated that it was his understanding that until a Retirement Housing Ordinance is adopted, there is nothing they can do. He fur.ther indicated that at the Planning Commission Meeting e~r~ier this we~k, it was implied that the retirement housing element was going to be put~ back until the 1973 General*Plan comes up. He stated that what they are asking is if the ordinance can be adopted(~p'~"~_~_~/~ Mr. Walker advised that if there is going to be a significant land use, this should be designated on the Genera~l Plan. IBe further indi- cated that there is an ordinance plan, and it was his feeling that that something would have to be in the General Plan-which would desig- nate the land use by location. Mayor Smith indicated that the General Plan should be the step to follow after the ordinance is adopted. He further commented that the General Plan has come to be thqught of as a second zoning map. Councilman Bridges was of the feeling that there is a greatsspectrum for retirement housing and that in Saratoga there is a need for 'all uses. He stated that his only concern was that we might close the door on some otherwise good plans. Mayor Smith felt 'thaf the Council should'take action on items.'l, 3 and 4 of the Planning~Commission repor[ this .evening ands reaffirm our prior position that the retirement issue remain out, and go back to another study session for further evaluation. He then introduced Ordinance 3E~10 and explained that this' is an emergency zoning ordinance regarding use of properties more commonly known as Miljevich and Garcia properties on Highray 85 as yo~ enter the City. He explained that there is a large'controversy aslto the uses of this land. He further ex- plained that becaus~ o~ the critical. nature of this area mnd its extreme importance to the City, it has Been recommended that this area be'studied .for a period of four months in order to make new zoning regulations and classifications Yor these parcels. Mr. Walker indicated tha~ the terms of the ordinance as drafted b~ the City Attorney's office would be to rezone these two properties, which are now under CV zoning and provide~for development for shopping or retail land use. He indicated that this ordinance provides that' any development on either of these properties must be undergone.with a use permit. He also pointed out that the minimum site area is eight '(8).agnes, which ~Duld prevent either parcel robe split up. He indicated that the intention of the Emergency Ordinance is to provide time for the Planning Commission, the City Council and the staff to study the area and come up with a more permanent use for that particular area. It was moved by Councilman Dwyer and seconded by Councilman Diridon that Ordinance 3E-10 be adopted. The motion was carzied. ~ It was moved by Co~ncilmanl Bridges and. sec~onded by__Cou~c~lma~n~_iFid~o~ that the 1972 General Plan~'od~i~i'i~i~~ed~4 holdihg out [he ~" R~ir~m~n~"Hd'u~i~~-~Th~.~otfon ~ ~rrled.-~' .... ~' .......... D. DEPARTMENT HEADS AND OFFICERS E. CITY MANAGER 1. Report on Chamber of Commerce Request for the City to undertake certai~ expenditures for holiday decorating - The request for these expenditures was denied, but the Council will reconsider the request for the City to pay the total cost of Christmas Traffic Control. 2. Report on request of Robert'Yeaton, President, Saratoga Heights Conser- vation Corporation, Re: Ini~tin'g Annexation Proceeding~ + on 2555- Acres of Land Proposed for Development - It was moved. by Councilman Dwyer that Mr. Yeaton be allowed to proceed with annexation of this area, subject overall development procedures.l The motion was Aeconded by Councilman Bridges and carried. . 3. Report on 911 Emergency Number - No action taken. VII. COMMUNICATIONS A. WRITTEN 1. 'Letter from Mrs. S.' M~ Smith, expressing"support of Stock brokerage Eirm on Georgian House property ~ Noted and filed. - 5 - 2. Letter fromfjPhil Jacklin regarding the City Council's lack of action on the four proposals pertaining to the cable franchise - City Manager's reply to be directed to the CoUncil. B..ORAL 1. Mr. Walker ~r~sented a request 'from William K. Brown for final building site approval on SDR-1000 ~ ItSwas moved by Councilman DWyer and seconded by Councilman Bridges that Resolution No. SDR-1000-1, granting final building site approval, be adopted. The motion was c~rried. 2. Request by Richard Picone for final"building site approval on SDR-981 - Itwas moved by Councilman Krads and seconded by Councilman Dwyer that Resolution No. SDR-981-1, granting final bdilding site approval, be adopted, subject to the Record of Survey Map being received from the recorder's Ioffice. The motion was carried. 3. Request from Dr. Isaac Abrams to appeal Planning Commission decision to deny desigp review approval for two-story home on Lot 17 of Tract 5233 in Summerplace Subdivision - Approved to set a public hearing for December 6 to consider this appeal. VIII. ADJOURNMENT The meeting was ~djourned at 12:10 A.M.. to an Executiv~ Sessionsimmediately fSl~l~owing ~his meeting and an Adjourned' l~mgular ,Meeting~oh Tuesday,~ November Reipe~fully submitted, Rob 7 Y.: ' C1 - 6 -