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HomeMy WebLinkAbout04-07-1976 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, April 7, lg76 - 7:30 P.M. PLACE: Saratoga City Council Chambers, 13777 Fruitvale Avenue, Saratoga, California TYPE: Regular Meeting I. ORGANIZATION A. ROLL CALL Present: Councilmen Brigham, Kraus, Corr, Matteoni Absent: ~ayor Bridges B. MINUTES Councilwoman Corr requested clarification of the March 17th minutes, page 8, paragraph 6, Re: Hillside Ordinance, to indicate at 30% slope there is a change in terraine. Also pointed out that Councilman Brigham voted favor- ably on this motion. In the March 23rd minutes, Councilwoman Corr indicated the vording should be changed to indicate a 4 to 1 vote on Resolution No. 768, with Councilman Bridges in opposition. It was moved by Councilman Brigham and seconded by Councilwoman Corr the minutes of March 17th and March 23rd be approved as corrected, and the reading be waived. The motion was carried. II. CONSENT CALENDAR A. COMPOSITION OF CONSENT CALENDAR Councilman Matteoni requested removal of Tnacts 4,572 a~d._4573 ~ndFer B22 =on ' the ageh~a which he u_nd~Si~ood'h'ad not m~t ~eir landSCaping ~e~Gi~e~nts. It was moved by Councilman Brigham and seconded by Councilwoman Corr approval of the Consent Calendar composition, subject to removal of the two tracts not meeting the landscaping requirements. The motion was carried. B. ITEMS FOR CONSENT CALENDAR 1. Final Map Approval and-Execution of Buiqding Site Approval Agreement - SDR-1221, Frank .Rodrigues, Saratoga Avenue, 2 Lots 2. Final Acceptance a) Tract 4574', Brown and Kauffmann, 'HGm_'~s~Driv_e..'_ ' b) Tract 4575, Brown and Kaui~fmann., ~_ockton-Lane ~). Tract 5011,. ~Os~lund ~E~t~'Fi~s~s, Burgun~dy~Lane 3. Release of Faithful Performance Bond, SDR-1095, Peter V. Matul. ich, Marion Avenue 4. Authorization to Proceed with Pedestrian Walkway on Quito Road between Bucknall and Northlawn,~a~d Award of Work 5. Minute Resolution Approving Design Development Drawings for the Saratoga Library 6. 'Minute Resolution Approving Library Project Boundaries 7. Pa~nnent of Claims 8. City Clerk's Financial Report It was movedby Councilman Matteoni and seconded byCouncilman Brigham approval of the Consent Calendar, subject to the two items for Final Acceptance which have not met the landscaping requirements. ~He motion was carried. III. BIDS AND CONTRACTS A. AGREEMENT BETWEEN THE CITY OF SARATOGA AND THE PROPERTY OWNERS OF VILLAGE PARKING DISTRICT NO. 2 (Cont'd. 3/17/76) It was moved by Councilman Brigham and seconded by Councilwoman Corr the Mayor be authorized to execute the agreement, subject to obtaining signatures of all property owners involved in the District. The motion was carried. B. AGREEMEHT BETWEEN THE CITY OF SARATOGA AND THE COUNTY OF SANTA CLARA FOR BUS TRANSIT FACILITY I-~PROVEMENTS It was recommended this item be c~rried over tO-the next regular meeting of the Council on April 21, 1976. This was agreeable to the Coun(il. · IV. PETITIONS, ORDINANCES AND RESOLUTInNS A. MINUTE RESOLUTION ACCEPTING TAX RATE STATEMENT FOR GENERAL OBLIGATION BOND ELECTION It was moved by Councilman Brigham and seconded by Councilman Matteoni the Council approve the Tax Rate Statement relative to Measure "J" for the General Obligation 'Bond Election, The motion was carried. B. RESOLUTION MV-111 RESOLUTION DESIGNATING THE INTERSECTIONS OF GLASGOW DRIVE AND SHADOW MOUNTAIN DRIVE, GLASGOW DRIVE AND EDINBURGH DRIVE AND GLASGOW DRIVE AND ARGONNE DRIVE It was moved by Councilman Matteoni and seconded by Councilman Kraus Resolution No. MV-111 be adopted, deleting Section III designating stop signs at the intersection of Glasgow Drive and Argonne Drive. The motion was carried. C. ORDINANCE NO. 38.58-1 ORDINANCE AMENDING THE SARATOGA CITY CODE RELATING TO FIRE PREVENTION AND THE ADDPTION OF THE 1973 UNIFORM FIRE CO~E - "SAFE AND SANE":EIREWORKS It was agreed~to carry this item over to the end of the agenda to Dive Mayor Bridges the opportunity to vote on it. D. ORDINANCE NO. NS-3.33 ORDINANCE OF THE CITY OF SARATOGA AMENDING ORDINANCE NS-3, THE ZONING ORDINANCE, BY ESTABLISHING A HILLSIDE CONSERVATION RESIDENTIAL ZONING DISTRICT CLASSIFICATION BY ADDING ARTICLE 3-A THERETO (Second=~Readi~q) \ Councilman Matteoni suggested removing the word "and" from the designation "Hillside Conservation and Residential Zoning", and a dash be substituted. This was agreeable to the other Council ~members. It was then moved by'Councilman Matteoni and seconded by Councilwoman Corr Ordinance NS-3.33 be adopted, and the reading be waived. The motion was carried, 3 to ~ in favor, Councilman Brigham in opposition. E. APPEAL OF BUILDING OFFICIAL'S ~ECISION PERTAINING TO SWIMMING POOL ORDINANCE NO. 38.59, FROM ALAN SEALES, 14141SOBEY ROAD Don Harris, City Building Official, outlined on an overhead map the location of the pool in relation to the individual's home, as well as to the various. pr6~ertg~lines"a~dL~o'~h~su~r~ounding neighbors. Mr. Harris related a similar appeal which had been received subsequent to that of Mr. Seales, from Mr. Harti who resides on the corner of Sobey Road and Sobey Meadows Road. Acting Mayor Kraus suggested both of these matters be continued to the next regular meeting of April 21st, to~allow the Council an opportunity to view these individual situations. This was acceptable to all members of the Council. -2- F. PETITION FROM RESIDENTS OF BOHLMANROAD CONCERNING ROADSIDE PARKING PROBLEMS Mr. Shook reported that two of t~e areas of concern are within the City, and the third area is being reviewed :by the County. He indicated that the staff does not feel it would be practical to barricade the area so that access is restricted, and it is suggested these stops be posted for "Emergency Parking Only", and perhaps litter cans be provided. These suggestions were discussed by the Council. Mr. Ted Hinckley and Mr. Marc Catto, residents of the Bohlman Road area, each addressed the Council and elaborated on some of the problems of pollution and noise which have developed over the last 18 months in this area. The Council agreed ~_S~con~!~e t~s m~e~ ~9~_~e next regular meeting on April 21st, and d~ected'~he~s'~ff'It~'fu~ther e~lore some of the solutions mentioned this e~n~"~dl~o~t~f'v~T6us~ty~e~"~f'~'~ers, as well as obtain input from the scavenger ~ompany regarding area "B" as to what space "~ they need. The Council further indicated they would like to personally view this situation on Bohlman Road prior to making any determinations regarding an acceptable solution to the existing problems. G. ORDINANCE NO. NS-60,1 ORDINANCE AMENDING ORDINANCE NS-60, THE SUBDIVISION ORDINANCE OF THE CITY OF SARATOGA, RELATING TO POWER TO ACCEPT OR REJECT DEDICATIONS AND EXECUTE IMPROVEMENT AGREEMENTS ON SITE APPROVAL, FOUR OR LESS LOTS, AND CORRECTING CLERICAL ERROR IN SECTION 7.1 THEREOF The City Manager explained this ~mendment involves deletion of a wo~'~ ~S~ion 7.1, to read as follows: "Neither final map nor site ap~6v~l' ~i'1 be granted for any lot, site or Subdivision which is' not in conformity with the Zoning Ordinance of the City of Saratoga, nor which has been or is created in violation of any Zoning Ordinance,nnor which is not consistent with the General Plan or any applicable specific plan or for any intended use which would not be in conformity with the district regulations in which said lot, site or subdivision lies at the time of final approval." The second amendment proposes to add that in acting on final site approval or any time thereafter, the Planning Commission shall have the power and authority on behalf of the City to accept or reject offers of dedication as are contained on the parcel map, thus eliminating items of site approval coming before the City Council~ It was moved by Councilman Matteoni and seconded by Councilman Brigham Ordinance No. NS-60.1 be introduced and the reading waived. The motion was carried. H. ORDINANCE NO. 38.66 ORDINANCE OF THE CITY OF SARATOGA AMENDING THE CITY CODE, DIVISION 2, ARTICLE III OF CHAPTER 2 THEREOF, RELATING TO THE CREATION OF THE OFFICE OF CITY MANAGER, THE DUTIES AND POWERS T~EREOF, AND COMPENSATION THEREFOR The City Manager explained that ~his involves a re-numbering of the previous ordinance series establishing the position of City Manager, and allows the ordinance to be included in the City Code. It was moved by Councilman Brigham and seconded by Councilwoman Corr Ordinance No, 38.66 be introduced, and the reading waived. The motioh was carried. = V. SUBDIVISIONS, BUILDING SITES AND ZONING REQUESTS - A. APPEAL OF PLANNING DIRECIOR'S DECISION RECORDING TREES FROM JACK POST, 20121 HERRIMAN AVENUE Mr. Van Duyn, Planning Director,g explained that Mr. Post originally re- quested 4 of his Monterey Pine trees be removed in'that one of the trees was leaning fairly hazardly in the direction of his home; one was determined to be diseased; and two of the trees were endangering'his orchard trees and also causing an attractive nuisance created by high school students gathering and littering, etc. He indicated that the Planning Department issued a tree permit for th~ e_tree which was leaning over his home and for the one causing - 3 - damage to his oitrus trees;however, the other tree removals were denied on the grounds that the Tree Removal Ordinance does not contain provisions which allow removal of trees on.the basis of nuisance or the findings of the Ordinance, as-specified. Councilman Matteoni suggested that perhaps th~ problem of high school students could be alleviated with the trimming of some of the'lower branches. 'It was moved by Councilman Brigham and seconded by Councilman Matteoni to deny the appeal of the Planning Director's decision on this matter, and advise the applicant that it may be permissible, under the direction of the Planning Department, to trim some of the low branches on the trees~l~t~"'~ Vista AvenU~ c6'rn~p~y. The-motiOn"Was~carri.ed~ B. REQUEST FOR EXTENSION OF AGREEMENT~ FOR CONSTRUCTION OF DRIVEWAY FROM JAMES A. RODRIGUES, SDR-1073, WOODBANK WAY It was moved by Councilman Matteoni and seconded by Councilman Brigham this request be approved. The motion was carried. ~VI. PUBLIC HEA~INGS None 'VII. ADMINISTRATIVE MATTERS A. MAYOR B. COUNCIL AND COMMISSION REPORTS 1. Letter from Councilman Matteoni Pertainin~ to Open Space Easements Councilman Matteoni highlighte~ points in his letter, indicating there will be before the Board of Supervisors in the near future the matter of a County plan to implement the Open Space Easement Act of 1974, which would create for the county a "mini-Williamson Act" situation. He discussed this program briefly with the Council. It was the feeling of the Council the staff should follow with the County regarding this program. 2.Reco~endation from Planning Polic~ Committee to Include a Transit El~ent in Environmental Impact Reports Councilman Brigham advised that this is a recommendation from P.P.C. to the cities requesting an,element ~n the environmental impact reports speaking directly to transit. It was agreed b~ .the Council to recognize the ~oli~y that if any develop- ment were to come into the City which would impact the transit system, the City request such information as part of the E.I.R. 3. Planning Co~ission Report Re: a) Regulation 6f Slope Lands Outside of the Hillside Conservation District The City Manager reported that'the Planning Commission has recommended that the slope density formula as apDroved in Ordinance NS-3.33 be put into the Subdivision Ordinance, as it is felt there will be several months before the ordinance is applied to the land. He indicated that the Planning Commission and staff are now in the process of developing the mechanism for doing this, and this will be before the Commission in the near future. It was the City Manager's recommendation this matter be scheduled for the next Committee of the Whole Meeting (April 27th), at which time the staff would have information dealing with some of the areas outside of the hill- side conservation zone. of these areas~ and also, the City Attor~6~'~o~6 fo~ula can be included in the Subdivision Ordinance as a cautionar.v measure until the City gets around to the actual zoning of the hillsides. - 4 - Mr. Heber Teerlink, 21810 Mt. Eden Road, addressed the Council and Voiced his dissatisfaction toward the Planning Director's report which he interpreted to say that this ordinance apply to Sabey Road and .~sj~r areas because the problems are the same: Mayor Bridges pointed out that the report does not state the problems are the same; rather, it indicates there is "a common problem." in both districts. Mr. Teerlink'further requested that he, as well as other concerned parties, ~i~l'Q'd~: Michael T~back of 14130 Sobey Meadows Court, be notified ~6~'~i~f~Ure discussions and public hearings on this matter. The Council concurred in the City Manager's recommendation to continue this matter for discussion at ~he April 27th Committee of the Whole Meetin . It was suggested the Planning Commission and Planning Staff be presen~ for this meeting, and those who have indicated an interest be notified. b) City Council Policy on Consistency of Zoning Ordinance with general Plan The City Manager reported that the Planning Commission is recommending the policy adopted by the Council on May 7, 1975, clarifying the under- standing of "consistency" of the Zoning Ordinance with the General Plan, be more definitive to apply the zoning district levels to the various range classifications, as follows: Very Low Density - Acreage thru R-1-2~,O00 Low Oensity - R-1-40,O00 thru R-l-15,000 Medium Density - R-1-20,O00 thru R-I-IO,O00 Mr. Russell Crowther, 20788 Norada Court, indicating that he would like to propose that this definition only be applied to previously developed properties. Mr.'Crowther further commented that he noticed in the Planninq Director's report that slope conservation zoninq is not mentioned ~ll, whereas the G~neral Plan does mention this, and"he would hope thi~Ts'~6t an attempt to remove the slope conservation zoning designations from the General Plan. The Counci~l agreed to set thisitem fOr~a Study Session (April 27th)~' ' c) Fremont Union High School Site (Mayor Bridges arrived.- 9:15 P.M.) The Plann~.n~ Director reported' that basicallv, the original -~d~f6r~'~ati6n" ~:~6inT-'C~:a~S~n~'t~ed in 'a previous' staf~'re~o~t°to the Cit~'-CounCi 1--of' ~R:l-20':'O00 ~PC':St:i:t~6~ ds; they do, however have an additional suggestion whereby a site development plan could receive approval, with.the condition of having the ability to come in and not accept the finalreading of the ordinance until such time as the site development plan has met the provisions of R-I-2O,O00, and the public hearing process was accomplished. It was moved by COuncilman Kra6s and seconded by Councilman Matteoni to set the date of June 2, 1976 for a continued public hearing on this matter. The motion was carried. d) Senate Bills 1664, 1634 and 1714 The City Manager explainedtha{ SB 1714 would provide full control by the City Council over local zoning ordinance regulations for schools; SB 1634 would authorize community college governing boards to reimburse cities, counties and governmental entities for services which provide a benefit to the districts; and SB 1664 would require school districts and community colleges to make public certain reports regarding expenditures and pro- ceeds of their authorized taxe~ collected for certain community services. It was moved by Councilman Brigham and seconded by Council~"~'~6~n to direct the City Manager to send'letters of support to ~e ~Tr~O~s committees relevant to these bills. The motion was carried. - 5 - (Inclusive within this motion was Councilman Matteoni's suggestion to delete the Planning Commission's recommendation for the use of "shall" in SB 1634, instead of the word "may". ) A. MAYOR 1. Announced an Executive Session:immediately following this meeting to discuss "litigation". 2. Announced that the City Council in an Adjourned Regular i~eeting' on Saturday, April 3rd, approved 'the appointment of Virginia Laden to fill the vacancy on the Plannfng Commission. C. DEP~RTMENT HEADS AND OFFICERS 1. Director of Public Works Repor;t Re: Intersection of Covina Court and Merida Drive Mr. S~ook, Director of Public Works,reported that it has been approved .to install centerline striping at this intersection, and this would be accomplished at the same time as the left-turn lane on Prospect Road is insta].led, and this would be monitored and a future report transmitted I~g~_d_i.n6 ~e~f' s observat'i ons. D. CITY MANAGER 1. Report on Section 4.46 of the City Code Relating to the Use of Pinball Machines in Saratoga. It was moved by Councilman Brigham and seconded by Councilman Kraus to approve'~the ordinance modification allowing use of pinball machines, and the City Manager be directed to prepare the re-drafting'of this ordinance. The motion was carried. 2. Report Re: Request'for $2,6 0 .from Florence Cun6ingham Fund for Use by. Saratoga Historical Foundation at Saratoga Historical Park It was moved by CoUncilman Kraus and seconded by Councilwoman Corr to approve release of $2,000 for use by the Saratoga Historical Foundation for the Saratog~ Historical Park. The motion'was carried. 3. Report Re: Revenue and Expenditure Trends and Projections for Fiscal Year 1971-72 Through 1980-81 Upon the recommendation of the City Manager, the City Council agreed to schedule this item for discuss~ion at the April 27th Committee of the Whole Meeting. 4. Re~ues~ fo~Authorization for IKni~hts of Columbus Marathon on April 17th It was moved by Councilman Ma~teoni and seconded by Councilman Kraus this . date be approved for the Knights of Columbus Marathon. The motion was carried. 5. Request for Authorization for City Attorney to Initiate Legal Action Against Mrs. Alice R. Davis of 19401 Shubert Drive Re: Operation of Dance Studio in Violation of the Zoning Ordinance It was moved by Councilman Kraus and seconded by Coulcilman Brigham the Council authorize the City Attorney to Institute legal action against Mrs. Davis. The motion was carried. - 6- 6. Council Action Re: Ballot Argument on June 8th Ballot in Support of Bond Election and/or Tax Override Issue on Measures "J" and "K" It was moved by Councilman Brigham and seconded by Councilman Kraus to accept Councilman Matteoni's prbhosed ballot argument (providing no other arguments are forthcoming from the Bond Issue Citizens Group on April 8th), deleting the last three paragraphs of the argument and substituting the following: "Many Saratoga~s have asked for an opportunity to express them- selves i n th~!i s__~r~ga~d ~_.~" ~rov~'d~e~s~for 3 Ge~py~l_ O~b,~l.~g~t_i~op.~ The motion was carried. IV. C. ORDINANCE NO. 38.58-1 (Continued from earlier portion of agenda) THE'ADOPTION-OF THE '1973-UNIFOP~ FIRE COOE': SAFE-'AN9 SANE FIREWORKS-(Secon~ Readin9) It was moved by Councilman Brigham and seconded by Councilman Matteoni Ordinance No. 38.58-1 be adopted, and the reading waived. The motion was carried, 3 to 2, with CouncilwomanCorr and Councilman Kraus opposed. VIII. COMMUNICATIONS A. WRITTEN 1. Mrs. Mary Wade, 14740 Fa~well Avenue, opposing the Location of the bus terminal on the abondoned Arco property on Big Basin Way. - Noted and filed. 2. Jon P. Svilich, President, Saratoga Chamber of Commerce, requesting the Council reconsider its decision to proceed with development of the Arco site as a county bus terminal. - Noted and filed. 3. Leslie E. Cabe, 18540 Allendale Ave., requesting a speed limit change on the eastern half of AlienSale Avenue from 25 to 35 miles per hour. - Referred to Public Works Staff for report back to the Council. 4. Vicki Sosnick, President, Saratoga Parent Nursery School, requesting the Council waive the requirements for a Use Permit for their Fifteenth Annual Art Show and Wine Tasting on-May 16th. Following a presentation by Mrs. Sosnick, it was moved by Councilman Kraus and seconded by Councilman Matteoni the Council approve waiving of the formal Use Permit requirements, subject to satisfaction of the Planning Staff that the basic public health and safety requirements are met. The motion was carried. ~n6w;LSecretary; Diabetes ~o~ie~y~of6anta C3~ra:V~'31ey;L'jn=-~ 5 ~Ar~ erie ' ...... foxing the City of its ~econd annual Bike-a-thon on May 16th, and that the City of Saratoga is included in their route. - Noted and filed. 6. John A.'Sutro, State Chairman,~Californians for Progress in Education, requesting the Council's support of Proposition 1 on the June Ballot. Noted; no action taken. 7. E. C. Grayson, Northern Califor.nia Chairman, Citizens for Cal-Vet Housing Proposition 2, requesting the endorsement by the Council on this bond measure on the June 8th Ballot. - Noted; no action taken. -7- 8. William R. Riley,~Riley and Co., Hunicipal Financing Consultants, re- questing consideration of their services relating to the $2 million Ooen Space Bond Issue on the June Ballot. - Noted;'no action taken. 9. F. P. Tatar, 20577 Manor Drive, and D. J~ Sifferman., 12400 Oreenmeadow Lane,, submitting a de novo appeal ~to the Plannine Commissi~on decision which issued Lyngso Garden Haterials a Use Permit for continuing a non-conformi~ng commercial' use in a residential zone. It was moved by Councilman'Matteoni'and.seconded by Councilman Bripham approval to seta de novo hear!ng on this matter for ~ay 5~ 1976. The motion was carried. 10. John Lyngso and L~o Ott, filin~an appeal from the conditional gr~nting of the Use Permit in File.No. UP-296 by the Planning Commission. It was moved byCouncilman Mat~eoni and .seconded by Coundlman Brigham approval to set a delnovo hearing on this matter for'May .5, 1976. The motion was carried. ll. I~arilyn White, President, Los Gatos-Saratoga Symphony, requesting $800 for operating expenses for the:1976-77 seasonsfor their concerts. - It was recommended this request be referred to the staff, and.considered at the time the 1976-77 Budg~tis presented to the COUncil. B. ORAL None. C. 'ACKNOWLEDGENEN~ OF PUBLIC SERVICE REPRES~NTATZVES The Hayor recognized the presence of public service representatives this evening, as follows: Norm Nartin, Planning Commission : Gene Zambetti, Planning Commission Judy Corliss, President, League of Narjorie Foote~ A~A.U.W. ~lomen Voters John Powers, Chamber of Commerce · Roger Lueck, ~ood Gov'.t. Group Mary Holbrook, ~ood Gov't. ~roup Jim Isaak, Saratog~ Library Commission (served coffee) I X. ADJOURNHENT It was moved by Councilman Brigha m ,~nd seconded by Councilman. Kraus the meeting be adjourned to an Executive Session.' The motion was carried~ The meeting was adjourned at 10:35 P.M. X. R~CONVENE, .~ The City Council reCo~ened following ~he Executive Session; It was moved by Councilman Drigham:andseconded by Councilwoman Corr the City Attorney be authorized to filethe necessary lega~ action concerning the West Valley · College Environmental Impact Report for the proposed stadium and-lighting project within the required 30-day time period, in'order to protect the City's position in this matter. The motion'was unanimously carried. ~__Respectfully submitted,