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HomeMy WebLinkAbout11-24-1978 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Friday, November 24th, 1978 - 8:00 A.M. PLACE: CrisD Conference Room, 13777 Fruitvale Avenue, Saratoga, Calif TYPE: Special Meeting I. ORGANIZATION A. ROLL CALL Present: Councilmen Kraus, Corr, Kalb, & Matteoni Absent: Councilwoman Callon RESOLUTION 885 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ACKNOWLEDGING EXECUTION OF JOINT EXERCISE OF POWERS AGREEMENT AND COOPERATION AGREEMENT PURSUANT TO TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 197~, AS AMENDED The City Council after hearing a review of the Joint Powers Agreement and its minor modifications from that previously entered into between the City and the County approximately a year ago moved to approve the Agreement. It was moved by Councilman Matteoni, seconded by Councilwoman Corr to approve to adopt Resolution 8851adopting the Joint Powers Agreement. Motion carried unanimously, The meeting was adjourned at 8:15 A.M. Respect submitted, PLACE: _'oga . c h 137/7 Fruitvale Ave., Saratoga .,%'*G E N D ,;A';Z .,'! I N U T E S SARATOGA CITY COUNCIL AGENDA ACTION TAKEN I. ORGANIZATION A. ROLL CALL Present:Callon, Corr, Kalb, Kraus Absent: Matteoni (arrived 7:35 P.M.) II. SPECIAL BUSINESS SPECIAL BUSINESS Appointment to Parks and City Clerk administered Oath of Recreation Commission Office to Ron Hills for term to August, 1982. III. CONSENT CALENDAR CONSENT CALENDAR A. CONSTRUCTION ~CCEPTAN~E Mayor Kraussugges'ted removal of · . Tract 5922, Eldridge Kunkel item 5. AsSociates, Chester Avenue M/S: Corr/Kalb apDroval of the B. FINAL ACCEPTANCE =. t Calendar., minus item 5. Carried unahimously by voice vote. 1. SDR-1167, Dennis Bryan, Bella Vista Avenue 2. SDR-1244, Luciano Iacomini Hillt6p 3. SDR-1301, Frank Horvath, Blue Gum Court 4. SDR-1164, Jim Day,. Douglass Avenue · Adopt ResolUtion 36-B-185 - 1 - CON,SENT CALENDA_.R _(Cont' d) j- CONSENT CALENDAR 5. TRACT-5461, Cocciardi, Mt. Eden Court · Letter Agreement to Reconstruct Distress Portion of Road · Adopt Resolution 36-B-184 C. EXTENSION OF AGREEMENT WITH SYSTEM DEVELOPMENT CORPORATION RE: SOLAR SPACE HEATING DEMO PROJECT TO JANUARY 1979 D. RESOLUTION 884 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA CHANGING THE ORDER OF BUSINESS FOR CITY COUNCIL MEETINGS. E. MINUTE RESOLUTION APPROVING REQUEST TO TEMPORARILY COVER "NO PARKING" SIGNS NEAR 14085 TAOS DRIVE, DECEMBER 13th F. PA~ENT OF CLAIMS G. CITY TREASURER"S REPORT H. CITY CLERK'S FINANCIAL REPORT IV. ITEMS CONSIDERED SEPARATELY ITEMS CONSIDERED SEPARATELY A. TP~CT 5461, Cocciardi, M/S: Kraus/Kalb approval of final Mt. Eden Road acceptance. Carried unanimously by voice vote. IX. ADMINISTRATIVE.MATTERS ~(taken out of ADMINISTRATIVE MATTERS order) A. MAYOR Proclaimed Thrusday, November 16, 1978 as "No Smoking Day" in Saratoga IX. ADMINISTRATIVE MATTERS (Cont'd.)' ADmiNISTRATIVE MATTERS B. COUNCIL AND COMMISSION REPORTSj 1. City CouncilReportRe: Denied request; directed Planning Consideration of Request by staff to check'.landscaping plans Ernest T. Barco Re: Site to make sure they are of a low Distance Problem at Camino variety. Barco and Allendale Ave. C. DEPARTMENT HEADS AND'OFFICER~ 1. Reports from Director of Public Works Re: · Request for foot passage Staff directed to cormnunicate from Brookwood Lane again with Cal-Trans; also to acro'ss Saratoga Creek investigate tying improvmeent Bridge along Highway 85 into the undergrounding project; ~additionally, investigate utili- zation of County Pedestrian Bicycle Funds for such project. · Petition from residents DirectOr reportedwarrants for on Hill Avenue and Bonni~ this location are not met. Council Brae concerning install- ~concurred in.alternate solution of ation of stop signs at double yellSW centerline striping. Hill Ave. and Bonnie Brae Further requested of staff to Lane investigate "slow down" reflector 'sign and report back to Council. VII. PUBLIC HEARINGS PUBLIC HEARINGS A. TO CONSIDER APPEALS RE: City Manager advised D~ matters TENNIS COURT VARIANCE APPROVAL, ~ a~'continued from SeptemBer 6, 1978, ~' which time~_hearing de novo~h ~h~ 15175 VIA COEINA (V-491) - Heari~ j~items'to'~conS0~id~t~dand a m~eting--~' de Novo 1. Appeal of conditions 1 and 2 Mayor opened the public hearing for variance approved at 8:08 P.M. August 9, 1978 - J.P. Perrucci Frank Testa, Attorney representing 2. Appeal re: Issuance of Mr. Perrucci, advised building variance for tennis court - permit issued for construction of Don R. Smith, D.D.S tennis court in November, 1973. Several months later, electrical permit was requested and paid for. Electrical permit issued and light standards constructed. Alternative solution has been~'- suggested~>-- that being rather than removal of light'standards altogether,.the two standards on the south portion of property re- main as there is no variance for removal as they are legal. Mayor Kraus asked ~or clarification relative to legality Of these two standard~ to'the south. Mr. Testa: A ~heck is dated February 4, 1974 from Mr. Lewis of Lewis Electrical for the permit. co t'd.) ~II. PUBEIC HEARINGS PUBLIC HEARINGS A. TO CONSIDER APPEALS RE: Mr. Testa (Cont'd. TENNIS COURT VARIANCE APPROVAL, 15175 VIA COLINA (V-491 Electrical permit appears__to have Hearing de Novo been originally 1974 -- apparently later'.issue~' in 1975, which Dermit called for ',~ ~{~[u~~. ~'~? There are m~i~'0n the ~la~ of the City; however, these are not dated. Mr. Perrucci's position is that the light standards to the south be reduced to a height of 15 feet. The light standards to the north either be reduced or left at the present height as they do not glare into anyone's yard. Over a period of 5 years, only one individual who has had any problem with the lightS. Mayor Kraus~q~nm~Id'[~.i'-~otation on bottom of plans:"'lfghts are not approved." Mr.. Testa pointed out a circle around one of the standards that indicates this. However, the two standardson the bottom of plans, notation indicates "0 K" Councilwoman Corr: On application for electrical'~permitI~indicates a double fee was charged for commencing work before the permit was issued~ Mr. Testa: Records of City will indicate a check was received from Mr. Lewis on February 4, 1974. In conclusion, Mr. Perrucci would not have major objections to removal of lights and landscaping. Pointed out the application for variance only Irelares to two light standards on the north side of property. Fran Crandall, 15150 Via Colina. Indicated from her kitchen, she looks directly across over the fence into the tennis court. She has no objection to the lights, and feels young people should be allowed to use the tennis court. Don Smith, 15135 Via Colina. ~'~.? No objection to a tennis court. !, ~-~ Only objection is toconditions the tennis court is existing under. - 4 - ~(Cont'd.) VII. PUBLIC HEARINGS PUBLIC HEARINGS A. TO CONSIDER APPEALS RE: I Dr. Smith (Cont'd.) TENNIS COURT VARIANCE APPROVAL. ~? Reported that he had kept recording 15175 VIA COLINA V-491) - Hearing de Novo of the time the lights were left on over a 14-day period. This was as follows: 12 evenings past 9:30, 7 times past 10:30. Also, his bedroom'is only 25 feet from the tennis court andl0 feet from his property line. Stated the view from his front yard is overwhelming. Inquired what reason for a variance could there be --certainly not a hardship -- for someone possessing over B acres of property. Requested the City's fair con- sideration. Mr. Testa: Inquired if Dr. Smith is asking that the tennis court be removed entirely. Dr. Smith: This is not being requested, as long as certain conditions are met. He had written a letter to Mr. Testa suggesting that the elevation of the fence line ~e lowered to 6 feet, back to 20 feet from the property line, and a temporary fence erected during the time tennis is being played. Mr. Testa: Dr. ,Smith's bedroom is an add-on over the garage, which has increased the elevation of his property .creating the problem of the glare'. Pointed out there is no application for variance for the tennis court itself -- only problem which exists is the light standards to the north of the property and one portion of fencing. 'Stan Marshall, Saratoga Planning Commission. Clarified that exhibit earlier referred to con-~ tains 2 sets of markings -- one~w~.~hh initials "T.U." made following inspection of the property. Important signatures are at the bottom, indicating "Approved for Planning Nov. 1, 1973" signed Charles'A. Rowe. He circled "30 foot light standards with glare shield lights are not approved". Every record found indicates the lights were installed by the applicant.either.ignoring that statement or without knowledge of it. Further pointed outmthe approvalsbeing appealed conditions that all 4 standards be removed. (Cont'd.) VII. PUBLIC HEARINGS PUBLIC HEARINGS A. TO CONSIDER APPEALS RE: Dr. Smith: Pointed out that his TENNIS COURT VARIANCE APPROVAL bedroom is not over the garage Hearing de Novo as indicated by'Mr. Testa. Councilman Kalb: Electrical per- mit indicates 8 light fixtures. No height requirement indicated. Inquired if this permit serve .as a "license" to install fixtures. Don Wimberly, Director of Inspection Services, reDlied the application for electrical permit is. made strictly for the fixture without regard to legitimacy of zonin~ M/S: Matteoni/Corr to close the public hearing. Carried. Public hearing .closed at 8:30 P.M. M/S: Corr/Kalb to uphold the Planning Commission's decision relative to conditions of this variance, and deny the J. P. Perrucci~and~YD~S~ith. y- C~{~!~---~u~t~'b-y~ B. TO CONSIDER APPEAL OF City Manager pointed out two items PLANNING COMMISSION DENIAL OF of correspondence~telative to~this 5023 - 15168 PIEDMONT DRIVE ~.=__The=pe~c~i~Ti~=t~iedmont_ (GEORGE LAMPROS) Cont'd. 11/1) Mendelsohn Group (opposition). · Ms. Barbara Anne Carbajal, 14180 Piedmont RoadS(opposition. Mayor opened public hearing at 8:37 P.M7 There being no comments from the audience, M/S: Kalb/Matteoni to close the public hearing. Carried. Public hearipg closed at 8:38 P.M. Council concensus that excess grading on requested tennis court site and misuse of this piece of land. MZST:. Callon/Kalb to uphold the Planning Commission decision and deny the. appeal, without prejudice, and await further action by the applicant. Carried unanimously by voice vote. C. TO CONSIDER APPLICATION OF Mr. Robinson, Planning Director,~ SARATOGA ASSOCIATES TO REZONE transmitted~f~'~R6Y[~e~ REAR PORTION OF PARCEL ADJACENT 10/11/78, r~cSf~h'dzi~D~'ov~l TO ARGONAUT SHOPPING CENTER, of proposed rezoning, with a state- SOUTH OF CITY-OWNED. PROPERTY AT ment that City'wishes to enter COX AVENUE (APN 391-3-282) into negotiation for the 2.25 acres for purpose of senior citizen housing. ~(Cont~ d. ) VII. PUBLIC HEARINGS PUBLIC HEARINGS C. TO CONSIDER APPLICATION OF ~ The Mayor opened the public SARATOGA ASSOCIATES TO REZONE hearing at 8:56 P.M. REAR PORTION OF PARCEL ADJACENT TO ARGONAUT SHOPPING CENTER, Jerry Kosier, 12855 S. Highway 9, SOUTH OF CITY-OWNED PROPERTY AT opposite proposed development. COX AVENUE (APN 391-3-282) Primary concern is the traffic. Formally before the Council with a presentation~ Since then he ~ has followed up with the State, the Stat~ has notified the City,~ -they have made a study and a ~ proposal. He is objecting to the determination of Brandywine being .the site of the traffic light. From Cox to Pierce Road is 325 feet. From Pierce Road to Brandywine is .110 feet -- another intersection. Going to the east side, from Cox to the application entrance way is approximately 350 feet, and from the applicant to the Safeway entrance is 250 feet. From Safeway to Blauer Drive is 320 feet. If taking the average of cars, 16 feet, and divide it into the number of feet from Cox to Blauer, this would total 59 cars. If light were installed at Brandywine and. 59 cars.'being parked in that area, result will be same condition as Blossom Hill and Almaden, the same condition as on 13th Street.and Old Oakland Highway. Therefore, Sta~e did not give much thought as to taking care of the residents rather than the 'shopping center. .From Blauer Drive to Thelma is 3/10 of a mile, and the light from Blauer to Reid is 9/10 of a mile. No interrupted traffic from Reid to his proposed Blauer light. If the light is at Brandywine and Cox, there will be a bottlenedk that will makeus swim. Recommend that City get back to the State and indicate it agrees that Blauer and Brandywine are good (prefer Brandywine); however, it is the City's choice to ask for Blauer for the reasons stated. Further, the roller coaster from Thelma to Blauer is in 3..stages of.~0=fo~t sections. In the' Argonaut area, there are 300 houses, approximately 600 cars on that side. Brandywine has only 50, approximately 100 cars. Therefore, City should be able to convince State to put light at Blauer where it does the most good and not for commercial venture. =(Com ' d. ) VII. H RINq PUBLIC HEARINGS C. TO CONSIDER APPLICATION OF ~ Mildred Gordon, Blauer'Drive. SARATOGA ASSOCIATES,TO REZONE Concerned about rezoning of rear REAR PORTION OF PARCEL ADJACENT par~e.1, at least until a final TO ARGONAUT SHOPPING CENTER, decision is made whether the City SOUTH OF CITY-OWNED PROPERTY AT should purchase this parcel for COX AVENUE (APN 391-3=282 senior housing. This might in- crease cost of the property. Director of ~ublic Works comment re: State's ~etter. It is not quite true that State has indicated signal is warranted both at Brandywine and Blauer -- only one warrant met at Blaher, and two warrants met at Brandywine entrance, and from Statels point of view, signal is not warranted unless there are two of. the warrants completely satisfied. Second warrant at Blauer is only 8 percent satisfied; therefore, recommen- dation is for installation at Brandywine intersection. M/S: Kalb/Corr to close the public hearing. Carried. Public hearing closed at 9:06 P.M. Kalb: Questioned whether the land could be conditioned for senior citizen development or not. Matteoni: Suggested requesting -information from HUD re: timetables, etc. Corr: Would prefer to continue the matter until Council makes a decision on use of land. M/S: Matteoni/Kraus to grant the request for rezoning and introduce ordinance changing designation on the property to "C-V", on the condition'that the property only be used for condo- miniums, and reading waived.' Motion carried 3 to 2, Corr/Kalb ' in opposition. Inclusive within motion: Direct staff to prepare proper form of re-classification ordinance. K~l~,'-,:.~Requested staff be directed to' evath~[ej~l~e~aeive~ of pur- ch~'i'~'~'h~'i~nd.' City Manager to obtain appraisal along with requested information. VII. PUBLIC HEARINGS ~l PUBLIC HEARINGS D. CONSIDERATION OF THE CITY City Manager recommended that OF SARATOGA COMMUNITY DEVELOP-i the Council close the public MENT PLAN FOR 1979-82 (FOR hearing and o~tline priorities RECEIPT OF FUNDING UNDER THE in a general category. HCDA) (Cont'd. 10/18 Mayor opened the public hearing at 9:28 P.M. Virginia Wyand, resident, and employee with Information and Referral,commented she has been very interested in low income and senior housing because in her work, this is a constant request. Few apartments for rent, and no where for someone on fixed income to live in this city. Richard Gregory, representing Grey Panthers of Santa ClaraCounty. Two requests: 1) City set aside $167,500 for each of the program years for landbanking. 2) City use about $7,700 over 3 years to help fund the Housing Development Corporation for Santa Clara County' which is in the process of being developed. Concept of Housing Development Corporation was recommended by the Housing Task Force of Santa Clara County~ in that low and moderate housing is not being built as it should be. Kraus: Concern is that he sees in the Housing Development Corpor- ation Budget a total of $75,000, $6,000 of which is for architects' fees and the rest for salaries. Kraus: Inquired who the Corporation would report to. Mr. Gregory: .I't would be a non- profit organization with a Board of Directors. Corr: Inquired if purpose would be to seek other nonyprofit groups to fund housing. Mr. Gregory: Partially. To pro- vide technical assistance to church groups who would like to develop housing, butneed help to get ~. through the red tape. Mildred Gordon, Sdcial '~s ~As~es~- expressed concern that City is not using landbankfng. Value of land is going up, fewer sites available. Urge Serious action to use'landbank .funds. (cSn ' d. ) =VII. PUBLIC HEARINGS PUBLIC HEARINGS D. CONSIDERATION OF THE CITY P M/S: CallonTKalb to close the OF SARATOGA COF~UNITY DEVELOP- i' public hearing. Carried. Public MENT PLAN FOR 1979-82 (FOR i. hearing closed at 8:40 P.M. RECEIPT OF FUNDING UNDER THE !~'] /k oHCDA) (Cont'd. 10/18) Council concensus to direct City ~ ' , Manager to prepare proposal, f · , putting emphasis on areas o: ~-~ o archi[e~6~l!barriers_ fop'- , '--handicapped. . · landbanking · Community Center Multi-purpose Room addition for use by elderly i · HakOne Garden~ improvements u (explore declaring as "historical sitey) This p~oposal will be considered · ~ ' - on December 6, 1978. E. TO CONSIDER PETITIONsFOR M~yor.referred to letter from CANCELLATION OF CONTRACT FOR Bill HeiS's, Civil Engineer, LAND CURRENTLY UNDER THE requesting this matter be CALIFORNIA LAND CONSERVATION continued. No opposition; the ACT OF 1965 (WILLIAbISON ACT) matter was continued to December 6th. PORTION OF APN 336-5-4 (LANDS OF HALL) F. TO CONSIDER REZONING FROM "A' The Mayor opened the public-hearing (AGRICULTURE) TO "HCRD" THE ll.'~ '~ at 9:45 P.M. ACRE PARCEL PORTION OF APN'3~-5~ ,' COMMONLY KNOWN AS HALL PROPERTY M/S: Kalb/Corr to continue the AND UNIT 3 OF PARKER RANCH public hearing, to December 6, 1978. (Cont'd. 11/1/78) Carried unanimously by voice vote. Recess and reconvene VIII. ADMINISTRATIVE MATTERS (Cont'd. ADMINISTRATIVE M~TTERS B. COUNCIL AND CC~%SSION:REPORTS '1. City Council Report Re: Council~C~C~.~ ~6 d~C'*k , Consideration of Request by. staff to~ah~"i~s~ing-prans Ernest T. Barco Re: Site ' for this corner to make sure DiStance Problem at'Camino they are of a low variety. Barco and Allendal'e Avenue (Cont'd. 11/1/78) D. CITY F~NAGER '1. Report Re: Request from Council concensus to hold this Saratoga Union School Dist-jic~ request in abeyance and'evaluated for Paid Crossing Guard at along with other:School crossings Corner of Lynde Avenue and at the end of the year. Reid Lane IX. COMMUNICATIONS COMMUNICATIONS A. WRITTEN 1. Diana Daane, 13749 Inform~',architect re: complaint: Lexington Court, re: federalb SuggesEed project be re-evaluated subsidized apartments on Cox following'improvements. Avenue. IX. COMMUNICATIONS (Cont'd.) COMMUNICATIONS 2· Dr. and Mrs·John Noted and filed; City Manager Haleblian, 12044 Saraglen to respond· Court, commending City Council re: bike lanes on Prospect· 3. Mr. & Mrs. Douglas Noted and filed; City Manager Cheeseman, 20800 KittrUdge to respond· Road, requesting City parti- cipation in building bird sanctuary in Saratoga· 4. Arnold Loe, President, Noted and filed; City Manager Good Government Group,-urging to respond· CityCouncil continue its policy re: use of Housing and. Community Development funds' for senior citizen housing. 5. Betty Hangs, Executive % Noted and filed; City Manager President, Santa Clara to respond of CommerCe, re: 6· James Elliott, 13399 Via Noted ahd filed; Code Enforcement Arriba Drive, urging the Officer to follow up. City Council adopt an ordin- ance limiting noise level allowable from swimming pool pump/motors. B. ORAL 1. Stan Marshall, Saratoga appeal. ' 2. Councilwoman Call0n - Ci'ty Manager advised City is work- Comments re: debris and ing with State legislatures re: provision weeds on Cox Avenue. ' of mechanism for formation of assessment district. 3. Councilman Kalb - Public Works Director to bring Commented re: backed up this to the attention of the traffic condition in left State. turn lane from Saratoga- Sunnyvale Road to Prospect. C. ACKNOWLEDGEMENT Mayor acknowledged attendance of public group representatives: Gladys Armstrong, League of Women Voters Rudolph Kanne, Good Government Group Start Marshall, Saratoga Planning Commission X. ADJOU~ENT M/S: Kalb/Corr adjournment. Carried. Meeting adjourned 10:35 P.M. (" 1 bmitted,