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HomeMy WebLinkAbout01-03-1979 City Council Minutes AGENDA/NINUTES SARATOGA CITY COUNCIL DATE: January 3, 1979 - 7:30 P.M. PLACE: Saratoga'~C~t-y~Council Chambers~ --=-~-'~ ......... AGENDA ~ ) ACTION TAKEN I. ORGANIZATION ORGANIZATION A. ROLL CALL Present: Callon, Corr, Kalb, Matteoni, Kraus Absent: None B. MINUTES Change to reflect Mrs. Corr's presence at 12/20/78 meeting. M/S: Corr/Kalb to approve the minutes, as amended, for December 20, 1978. Carried unanimously by voice vote. II. COMMUNICATIONS COMMUNICATIONS A. WRITTEN ,~ = 1. Mrjf~ Malcol~ Rogers, re: Advised M~T~.Rogers' responsibility complaint for damages. to file a ~iai~ ~ith t~e City. City Manager to respond. 2. Mr. Lawrence Roe, 12499 Recommended review by Parks and Scully Ave., ~equesting Recreation Commission, and staff approval to-purchase portion to report back to City Council. of Kevin Moran Park 3. Letter to City Manager' Referred to staff for report back from Barron Haley, President to Council. Board of Directors, Saratoga Community Gardens, requesting increase in present funding. 4. Mr. Arthur Slemmons, Noted and filed. City Manager to Coalition Chairperson, Peach respond. Hill~{nter Residents, re: Southeast Saratoga Urban Service Area. 5. ~~Rosefield, Noted and filed. City Manager to 16040~'Ov~l~k Drive, sub- respond. mittingLpetition expressing objection to change in status of Urban Service Area. B. ORAL None. III. SUBDIVISIONS BUILDING SITES, SUBDI~!SION~,BU. ILDING SITES ZONING REQUESTS, ZONING REQUESTS .None. AGENDA ACTION TAKEN IV. ~ETiTIONS, ORDINANCES, RESOLUTIONS PETITIONS, ORDINANCES, RESOLUTIONS A. RESOLUTION MV-133 Corr: Suggested extending parking A RESOLUTION PROHIBITING prohibition the entire length of Saratoga Ave., or 'at least to STOPPING, STANDING OR PARKING Scotland Ave. ON A PORTION OF SARATOGA AVE. Requested staff prepare cost esti- mates to implement parking prohi- bition. Also notify physiciahs in medical complex and other property owners affected. Matter to be agendizedfor Committee of the Whole Meeting in February. B. RESOLUTIONS RE: VILLAGE City Manager transmitted staff PARKING DISTRICT NO. 2 ASSESS- report, dated 12/28/78. MENT DISTRICT M/S: Corr/Matteoni to rescind 1. RESOLUTION' 888 Resolution Series 696 relevant .......... ~ ........ ~- to creation of parking assessment A RESOLUTION APPROVING AND '' district. Carried unanimously by AUT~6R~fi~G'EX~UTI~N 0 ....... ' voice vote. F AGREF~IENT 2. RESOLUTION 888-A M/S: Corr/Matteoni t~ adopt A Resolution series 888 through ~ ............ 888-H. Carried unanimously by TO UNDERTAKE PROCEEDINGS PUR- voice vote. SUANT TO SPECIAL ASSESSMENT AND ASSESSMENT BOND ACTS FOR THE ACQUISITION OF IMPROVE- MENTS WITHOUT PROCEEDINGS UNDER DIVISION 4 OF THE STREETS AND HIGHWAYS CODE 3. RESOLUTION 888-B A RESOLUTION APPOIjTING ENGINEER AND AUTHOriZING EXECUTION OF AGREEMENT FOR 'ENGINEERING SERVICES 4. RESOLUTION 888-C A RESOLUTION APPOINTING ATTOP~NEYS 5. RESOLUTION 888-D A-RESOLUTION OF INTENTION TO ACQUIRE IMPROVEMENTS 6. RESOLUTION 888-E A RESOLUTION OF PRELIMINARY APPROVAL OF ENGINEER'S REPORT 7. RESOLUTION 888-F A RESOLUTION APPOINTING , TIME AND PLACE OF HEARING PROTESTS INRELATION TO PRO- POSED ACQUISITIONS, THE FO~IATION OF THE CITY OF SARATOGA VILLAGE PARKING DISTRICT NO. 2 I~iAINTENA~CE DISTRICT, AND DIRECTING NOTICE 2 (Cont' d. ) IV. PETITIONS, ORDINANCES, RESOLUTIONS PETITIONS, ORDINANCES', RESOLUTIONS 8. RESOLUTION 888-G . A RESOLUTION DESCRIBING PRO- POSED BOUNDARIES OF ASSESS- MENT DISTRIC, DIRECTING FILING OF BOUNDARY MAP AND ASSESSMENT DIAGRAM AND THE RECORDATION OF NOTICE OF ASSESSMENT 9. RESOLUTION 888-H A RESOLUTION AWARDING SALE OF BONDS C. MINUTE RESOLUTION RE:'APPROVAL City Manager transmitted staff OF RE-DESIGN OF QUITO-WILDCAT report, dated 12/28/78'- BRIDGE M/S: Callon/Corr to approve re- 1. Approval of Negative design of the bridge, modification Declaration ".- of the fee schedule for a total not to exceed $34,500, and approval of the Negative Declaration. Carried unanimously by voice vote. V. PUBLIC HEARINGS PUBLIC HEARINGS Ao REQUEST TO MODIFY CITY OF City Manager explained this request SARATOGA SOUTHEAST URBAN.7 originates from a petition from SERVICE AREA BOUNDARY residents in Southeast Saratoga Urban Service Area. Also submitted to LAFCO, and was referred to City' staff-for analysis. Acknowledged two items of correspon- dence from: 1. Arthur Slemmons, Coalition Chair- person, Peach Hill-Bainter Residents. 2. Jerome Rosefield (also petition) with signatures of residents in the Overlook DrLve-Hidden Drive area. Mrs. Vicki Ruden of the Planning Staff reviewed the Southeast Saratoga Urban Service Area Analysis wfth the Council. "ThE Mayor'opened the public'hearing at 8:50 P.M. John Perkins, 5803 Ponce Court, San JOse, Attorney representing Saratoga Vista II, addressed Council. Due to the fact the report is pri- marily addressed to the Saratoga Vista II project, currently before the County for development review, and since they did not receive staff report until late, they would not want to be precluded from offering formal rebuttal of the report. - 3 - (Cont'd.) V. PUBLIC HEARINGS PUBLIC HEARINGS A. REQUEST TO MODIFY CITY OF downhill since the old Montgomery SARATOGA SOUTHEAST URBAN Highi'ands Company d~cid~d~'wi~[j{&'~ SERVICE AREA BOUNDARY ~'~ing~cSu~.~'Th~'~se~tl~ 'is an offer (John Perkins) in a system for the 20 homeowners Requested this matter be con~.~._ There is finally some hope of tinued to allow Montgomery resolving the road and water Highlands and Saratoga Vista II difficulties, and as the report opportunity for full and formal says, it is imperative that some- rebuttal. thing be done about the water system as there is no fire protection Councilman Matteoni: Inquired if at all. They would ask that the Mr. Perkins is concerned pri- Council take alternative 1, and marily with the evaluation of leave the status quo for at least alternatives, as opposed to the a year. data base. The homeowners have a complaint Mr. Perkins replied it is both filed with the P,U.C., to be heard the evaluation of alternatives, the latter part of January. as well.as data base. Arthur SlemmonS, 19655 Redburry Jerome Rosefield, former chair- Drive, urged (according to their man of MontgOmery Highlands petition of April 15th) that they Homeowners Association, 16040 be removed from the Urban Service Overlook Drive, commented that Area, but would cooperate with residents of Montgomery Highlands the staff in any areas they decide did not know of this petition or to have. that any action was being con- ~ sidered by the City Council. He Councilman Kalb: ~From-th~.wording advised in the proposed changes in the petition pr~s~t~d~'6'~i~ht[--"' in the Urban Service Area, these not one signatory of the~af_~o~- are the only residents who will mentioned petition is be affected. within the affected area. Mr. Rosefied: Mr. MontgOmery Mr. Slemmons: Most of the signatures and his wife owned this property were in the Redburry Drive area -- and started development some there were some on Peach Hill. years ago. At the time he sold ~___,~,--~!~_. -! the property to Mr. Porter and CodncitTrequ~ted Mr. Perkins bring to his brother-in-law, he 'a~"~t~'~e ~ishes addressed to the agreed to furnish them with staff's attention prior to the water and supply them with roads. continued hearing date. The water was to be supplied free until such time as San Jose Water John Wise, 19568 Hidden~Drive,. Works took over the distribution commented they have been putting of water in the area. The roads up with these problems for 20 years, were to be maintained in good and as outlined by Mr. Rosefield, and passable condition until just recently obtained a solution. such time as the County took He requested.the full 30 days to over, Mr. Montgomery sold 16 work on this. or 18 pieces of property.,.~.and before he could get it developed, M/S: Matteoni/Kalb.to continue he died, stopping all development this matter to the February 7th It was then taken over by a meeting of the Council.. Carried' syndicate of 6 individuals., unanimously by voice vote. trying to interest developers. They could not find a de- veloper to undertake it, so it was sold to Stevens College in Missouri. It has been going - 4 - V. PUBLIC HEARINGS <Ii~ PUBLIC HEARINGS B. TO CONSIDER APPEAL OF LAND -lj Mr. Robinson, Planning Director, DEVELOPMENT COMMITTEE transmitted staff report, dated DECISION ON SDR-1388, JOSEPH 12/21/78. MASEK, BIG BASIN I~AY, RE: INCONSISTENCY WITH CITY· He explained the main issue that GENERAL PLAN the Land Development Committee dealt with was the formation of Parking A~sessment District No. 3. He further indicated there is no final map approval until such time as applicant provides for necessary.parking or the fornation ~f the parking assessment district. The Mayor opened the public hearing at 9:26 P.M. Jim Rosenfeld, 14219 Okanogan Drive, indicated everything he_ intends to.present specifically supports the case for violation of the City's General Plan. were' t~ken ~ ~ddm"i~ '~' ~Vj/lage, dealing with areas of: back~-"vacar~t?- unimproved" parking lot be6w~an"t~& Clef House and the gas s. tation egress; area of the Buy and Save; vacant lot next to Saratoga Theater · (a~proximately 45 ears in lot); and Parking Assessment District No. 2 (no available·spaces in the lot). Mr. Rosenfeld: As a merchant and a landowner,~i_s~eKy~ interested in development of the core of the Village. The banks in the Village area are the. only thing~!~h~7~]~re new. ~ concerned that the City f611~xSthe agreement from the memorandum of Mr. Bever to the City Council', dated ~arch 21, 1978, which was used as a guideline here. No reference of alternative pur- chasing or acquisition of parking spaces by either Mr. Rosenfeld or Mr. Masek.. Granting of this SDR will completely eliminate his opportunity to develop the proposed Clef House Complex, jeopardizing the existing business and concluding that the City's action is·a condemnation on all of Mr. Rosenfeld's property. Also pointed out he is in favor of.the formation of the third parking district, providing that· it meets all the needs of the Village merchants. It should also follow the parking ratio in the memorandum dated March 21st, not to 'exceed one parking space for every 380 square feet of building. 5 - (Cont'd.) V. PUBLIC HEARINGS PUBLIC HEARINGS (Mr. Rosenfeld) the General Plan. He pointed out when working with the General Plan, He is appealing the Planning there is a_certain spirit.!~f~ Commission's action, based on activity you try to maintain. His a violation of the General Plan. challenge with Mr. Rosenreid was to tie addressed specific items of produce a building that was in the General Plan which are in k~eping with Mr. Masek's, and ~h~ violation by this deve'lopment. driveway requested for use by the parking district had to'be'on the Using these General Plan pro- westerly side of Mr. Masek's visions as a basis for the property -- the one presented City's objectives, he reviewed showing the driveway on'the o'ther Article 8, PARKING DISTRICT, side destroys the attitude of the. 'in the Zoning Ordinance.' original agreement. Section 8.l-A, he finds that a parking district is to in- In order to comply with the 1 to clude the purpose of "insuring 380, Mr. Heid was able tO.design the development of the area a 5uilding that was two stories. adjoining the. community The plan was submitted to the City commercial district in accord along with Mr. Masek'S plan, in with the arrangement of the hopes Of putting together a package. land uses depicted in the Village Development Plan" and C0uncilwoman. Corr inquired if Mr. b) 'Tto-i:reserve the eventual Heid felt the two buildings were parking use of those.properties not compatible' in design. as to best serve the plarking needs of the community _ Mr. Heid ~replied they are compatible -- district". ., however,~!they are different in feeling. Both fit into the Village. Article 11 states under The only difference is Mr. Rosenfeld's PURPOSES: "In order to plan ~as develOp~.dwith. a parking alleviate progressively or to arrahgement that was requested. prevent congestion and shortages of curb spaces, off-street Mr. Rosenfeld further commented he parking and loading facilities' and his parents moved to Saratoga shall be provided incidental_ at the end of World War II, and to new land uses and major this is t~e oldest store in Saratoga, alterations and enlargements and in the same location. of existing land uses. The . number of parking spaces and Further commented the Arco site was ~ij the number of loading berths acquired about five years ago from prescribed in this article the City, and found unfeasible for shall be in porportion to the County bus turn-around. The lot was need for such facilities." sold in March of last year. Mr-~'. Rosenfeld acquired the Clef House Section 11.9 states: '!No off- a year-and-a-half ago, and he saw :j~Y.'~'~rk{n_~ac.~_{~_~-:,~:~: the deVel6pment of the Arco site was \vided for use~of-land or - essential to the downtown area. 'S~a~ions 11.2 or 11.5 shall be Mr. Rosenreid pointed out he has reduced in capacity or in area three quarters of an acre, and without sufficient additional Mr. Masek bought a large quarter capacity or additional area acre. Total square footage of being provided to comply with Mr. Rosenfeld's building is 8 400 the regulations of this article." square feet; Mr. Masek's is 8,060 square feet. Mr. Rosenfeld has 22 Warren ~id, Architedt, 1~630 on-site parking spaces; Mr. Masek Big Basin Way, commented he has 2. Mr. Rosenfeld's parking has worked on numerous General ratio is exactly 1 to 380; Mr. Plan Review sessions. When he Masek's is 1 to ~,000 square !feet saw Mr. Masek's presentation of building. Mr. Masek has a 25 for the first time, Mr. Heid's foot-wide driveway; Mr. Rosenfeld feeling was that Mr._Masek's has'a 30-foot-wide driveway. bulldinE was in keeping with - 6 - (Cont ' d. ) V. PUBLIC HEARINGS PUBLIC HEARINGS (Mr. Rosenfeld) own any property outside of their back doors in the district itself. Six months following the' Mr.~pa~D~s property is already March 21st Committee of the filled every day, all day.lo~g,_~th Whole when the Land Development his present tenants-~=7~l' ~ ~- Committee made its decision, ~ ...... ~"~ .... ~"~+~'~"~ ' ' ~" Mr. Rosenfeld and his architect ~i?~sse~i_i_i_i_i_i_i_i_i_i~l~, the Citylis/~i1~i~'~ j were informed that Mr. Masek a parking' di~F~£cf Y6~Mr. Masek. could acquire his parking spaces His business demands will overshadow elsewhere, rather than on-site, all others, even if he pays for his ahd that the two of them were extra spaces required by the approval required actively to pursue the given of the Land Development formation of a district. The Committee. Mr. Rosenfeld stated the memo simply states that at such. restau~ant's excess parking demands time as a distridt is to be will drown his project, leaving his formed, they would have to shops inaccessible for more than agree to sign on; however, there one-third of the working day. was no mention that they were Several commercial real estate brokers to form the district. have said that the over-saturated parking areas won't allow'Mr. Mr. Rosenfeld conmented the Rosenfeld to succeed and he would proposed restaurant of Mr. essentially be building himself a Masek is one-fifth smaller than bankruptcy. LaHacienda. LaHacienda has 148 parking spaces around it, and Across the street from the proposed is often inadequate to support restaurant is the Buy-and-Save, with the capacity of the restaurant. 47 parking spaces. There is also Their capacity for seating is some talk of removing some on-street 225, and according to the parking on Big Basin Way. The re- Uniform Building Code, a car tailers in the area of Buy-and-Save requires a 15-square feet per have started to take protective dining area. Mr. Masek's action, and they perceive these plan can seat 156 people. Mr. developments as a threat rather Rosenfeld asked: "Where are than as a constructive development these people going topark for the downtown. after they take Mr. Masek's two on-site parking spaces?" The re~ent proposed plan of the Further, if there was no parking district shows 169 parking normal parking assessment dis- spaces between the Clef House and trict formed, it would require the Mobile Station. There are an one parking space per every average of 70 cars there,at one~ 75 square feet of building~ time, leaving a net gain =- if~he i~R~7~ if there is a parking district is formed -- of 99 cars assessment district, there is This would amount to $676,000 to some reasonable sharing of consturct. He asked if there was parking, and the number goes ahy allowance for the future, or to ~'.to 380 square feet of if this was an allowance simply building. Compared with the for a building. 21 spaces as presented in the March 21st memorandum, this Mr. Rosenfeld stated he would like distorts the intent of working to offer an alternative constructive a cooperative sharing of land, suggestion, and this be that a parking, and building. restaurant be developed with use on two floors. This would enable 17 Mr. Rosenfeld indicated his two parking spaces in 2 rows behind the immediate neighbors that own restaurant. He would also request property in the district are ~hat the driveway remain between the Mr.([~i~and Mr. Ca~bonh~.~The Clef House and Mr. Masek's property, prop~~i'{~'~F~g"~'A~ot and not on i~Mr~Pa~nn~'~ property. - 7 - , (Cont' d. ) V. PUBLIC HEARINGS PUBLIC HEARINGS (Mr. Rosenfeld) Mr.'Rosenfeld commented that with the proper balance, the proper sized Mr. Masek will save nearly facility and parking as a contri- $80,000 by not having ito pur7 bution, then you may have a blend and chase 19 parking spaces in a mix, but if there is a dominate, the district, in revising to totally omnipresent facility, it a 2-story restaurant.j~ serves itself and not the .community. He urged-that the CounCil study Councilwoman Corr inquired what this further, and considerza type of shops Mr. Rosenfeld planned building that will be on-site to have in his complex. in porportion to the ~to 980 parking spaces. , Mr. Rosenfeld replied he has a small ' ~ luncheon house of 2,200 square feet, Coundilwoman Corr: What is the an import store, a fine home furniture seating capacity for Mr. Masek's and furnishings, a new Clef House, and plan. a store which will include sports clothing and sporting equipment. He Mr.. Masek replied thisis pro- commented something that has been posed for 106 seats. needed in the Village is a good ~ix ' --'~""' .... !~' of stores~and services. Dr. _Thomas Devons,~fB'~'~e~.~c~ ~i6f~'~!V~l~6~ilegeI~F°°d ~ ~ William Wa~, Certified Public '=S~f& 'Bur~7,~ad~essed--the-~' Accountan~?"addressed the Council on Council on behalf of Mr. behalf of Mr. Rosenfeld. He indicated Rosenfeld. He pointed.out that~ Mr. Rosenfeld had come to him some- no restaurant owner intends to time ~g~__~o.'~e~?~y~_~.a~ ~a.§ibT~-~to seat the full capacity!-- he make money on this project with the must turn over his sea~s 2 or many problems outlined with regard 2~ times during the lunch period to parking. Mr. or in the evening. Therefore, is that Mr. Rosenfeid sh~dld'not'~~I we are not talking about 75 cars ahead with this complex because of bringing people into the area, the many problems which the parking rather 150 cars. would create. This conclusion was based on many factors: 1)-the ~r. Devons commented that American publid likes to park close Pedro's Restaurant in Los Gatos by and go where they can shop easily; buries downtown Los Gatos with 2) restaurants place a very high his parking problems. He sees demand on parking, especially between no way Mr. Rosenfeld can survive 11:00 and 2:30, depriving the local b~ thi~~ proposal. It was merchant in the area of approximatel~ his f~IIing~Mr. Masek i~d~f~el~" ~-3 hours worth of busihess; '3)!~th~ anticipating more businesS. ' '~'~' ~r~i~a~-~-f~-i~.~f~-ye~i-y=~t ~e~ts wi~'t'~b~;~l~m' 'i~h~ Mr. Rosenfeld commented'he visited ~i~i~s'ridn~if~th~e is sufficien~ .'~h'~a~a'~f'~"~be'{~&'~ll~ing parking for customers. ~i~ b'~/"Davo~s. "He Qa~='i~J fS~6~d"~that the owners had had Annette Casabonhe,'~20120 Herriman some land set aside for~a parking Avenue, indicated she and her district, and they were able to 'band own and operate the Saratoga-~, apply for a permit and expand Handiman Shop located in'the Village. their building. He surveyed the They are in favor of a parking immediate neighbors of Pedro's, ~ district because the merchants and and asked: "Do you think since shoppers will benefit from it. Pedro's has expanded that their However, it should be fair and equit- business has helped the~, had no able to all merchants. She commented influence whatsoever, o~ hurt that the Village cannot afford any them?" The answer was unanimous: more errors. Further, the Village "Pecl~o's helped Pedro' s. area has'only so much land left to ~se.. 8 - (Cont'd. · " PUBLIC HEARINGS V PUBLIC HEARINGS (Annette Casabonne Mr. Rosenfeld for the import store, and inS~'i~' 6f' the' One should not just think of ~-ih'~is"~l~c~io'n~,-~h~hiV& ~'d~ised today's parking needs -- future needs should be considered also. Mr. Ro'senfeld that they are conz There is no additional 'land sidering withdrawing from the' contract. available for future parking Joseph Masek, 14600 Granite Way, needs for merchants. on this Owner of. La Mere Michelle Restaurant, Side of Big Basin Way· addressed the. Council. H~ commented Also involved with the parking 'that one'year. back, Mr. Rosen£eld had approached. him on leasing space from decision is the ~roposed elimination of paring !spaces him for a 6,500 square foot restaurant· Later, Mr. Masek found out the City on Big Basin Way.~Haviffg, no on- street parking mean~'~he~'thru was selling the Arco site, and ~ traffic lane will be ne~t to decided to bid on it as did M~.' the curb, which is frightening. Rosenfeld; however, when he found She. further inquired: ".What out Mr. Masek was bidding on the abou~ the spaces for the over- site, he withdrew his bid. From flow from the other parking that time, he has been telling lots which are no longe'radequate people that Mr. Masek overbid him. in space?" All of the ,shops Prior to acceptance of the proposal, on this side of Big Bas'in Way Mr. Rosenfeld and himself met with have parking available ,now .for the City Manager, andit was agreed ~their customers;-the~.ev~hust be this would be a trade-off, whereby mutual benefit for all ~or Mr. Masek would provide the access there is no need to change. to the parking districton Mr. 99 percent of their customers Rosenfeld's'.property line so he need assistance to unload and could develoD his property, and in load merchandise, arid as it is - now, they park ei.ther in front trade, he would offer Mr. Masek the of their building or in back in use of the surrounding parking spaces· By withdrawing his bid, Mr. Rosenfeld the lot. With the par~ing d~strict, there.isno guarantee abandone~ the ~a of ever 'having a~restaurant; and the only favor that they can find par~ing near h~'~r'e~Ue~' 6f'Mr. Masek was to their store. If some ~arking were provided on site, ;it would move the building from the westerly lighten the load from the site to the easterly so he could immediate merchants· "The plans d~velop. Then he turns around and as they are with no on site puts a restaurant in in spite of it. parking will have a detri- Mr. Masek~fUf~e~iCBT-rfffn~n'~:!~d~es not mental impact on all the believe th~fa [["~'~1~ '~ny immediate merchants· i. more problems than currently exist -- She asked that the Council they are only moving from one side make every effort to c~nsider of the street to the other· It everything in this proposal. would be larger; however, .the banquet ~ space would not be developed for 2 Gordon Dunham, 19090 BOhlman to 3 years later· Road, commented that he and his Contrary to Dr. Devon's comments, wife propose to operate the people in the restaurant business restaurant in the back'of Jim today make their money on lunches, Rosenfeld's complex. It is Mr. Masek commented that owners are a small business, and if they losing money on lunches are faced with the current ' parking situation as it appears Barbara Almer, 13004 Paseo Presada, it is going to be, they would commented they.have lived in Saratoga want out of the lease. 7 for 23 y~ars and have seen a lot of growth· Mrs. Almer commented that Ms. Kirke, 124 Felton Drive, they like to patronize the Village, Menlo Park (owning property at but sometimes it is very difficult 20700 Fourth Street, Saratoga), to do, and sometimes they feel small commented she and her partner places are a part of the spirit of have signed a contract with - 9 - (Cont'd.) V. PUBLIC HEARINGS !/ PUBLIC HEARINGS (Barbara Almer) s'paces with the addition of these restaurants to meet the intent of They would like to see more of the General Plan?" this and are concerned that the parking siB~J~9~o~ which is It was mo~e~ already bad would make it ~i~e~nd~ b impossible. What they are most "~ontinue t~is hearing to an a'dj~ourned concerned about is equitity in ~-regular meetin~ o~ Ja~daY~y'50, 1979. the way people are treated. Carried'uh~ni~usly by voice vote. Jane Dennis, President,l'Saratog~.. Chamber of Co~serce, commented that the Chamber is on record as encouraging this parking district. The Chamber Would hope the Council will take immediate steps to see that this is worked out in some way that will benefit both ~arties. Raisa Kocher', property 9wner and merchant in Saratoga and President of the Village Merchant'~ Association,. commented that she is inter- ested in development of-the parking district. She is also in favor of seeing. both parties develop. Matteoni: The Council needs to reflect on the iHformation re- ceived and other documentation at the time the' bid wa~iawarded. Corr: It is her recollection Qhen negotiations Were going .~ on between the two property owners, the Council's interest and instructionto staff was to proceed but to be sur~ the parking district~ got in. Callon: If the City go~s with a lease of property . within 300 feet and if this were not renewed, would. the use of the restaurant cease? City Attorney: The stahdard home is required to hav~ two covered off-street parking spaces, and if eliminated, thi~ is a zoning violation and the City gets an inj.unction[ Kalb: The question the Council really has to address is: "Do we have 'enough.~arking V. PUBLIC HEARINGS PUBLIC HEARINGS C. TO CONSIDER THE APPEAL OF The Planning Director transmitted PLANNING COMMISSION DECISION staff report dated 12/27/78, RELATIVE TO REQUEST FOR indicating the Commission's action VARIANCE TO ALLOW CON- to deny this request without STRUCTION OF GARAGE TO PRO- prejudice in that they felt there VIDE A 5 FOOT SIDEYARD AND were feasible alternatives to this ~4 FOOT REARYARD. V-500 proposed addition. CHARLES MEGGS, MOATAUK DR.) The Mayor opened the public hearing at 10:55 P.M. I Charles Meggs, 19611 Montauk Drive, ~ indicated he has attempted to sub- mit. the arguments in writing in his notice'of appeal. He indicated ' there are practical difficulties in 'Constructing the new garage and converting the existing garage in ! any place other than proposed. ~ They would run into the problem of ~ either going through an existing bedroom wall or an existing bathroom ~ wall in order to construct this room. No access of any kind on the West ' side of the residence. On the existing driveway side, there is nothing except Redwood School bounding the ~back of their property and the common green area, which bounds the east side and runs all the way to Fruitvale. on file from the solar energy company which indicates there are no existing roo~s which slope in the proper direction to install these panels, so part of the new proposed construction would be for the.lexisting panels. By putting the garage at the end of the existing drivewayI' it would create more parking off the street. Mr. Meggs: Do not feel the recommen- dations by the Planning Commission for alternate sites are in any way practical. Councilman Kalb: Asked Mr.'Meggs to elaborate on testimony before the Planning Commission that there was such a variance issued on Montauk Drive. Mr. Meggs: Garage built two doors from them to the west, and he can't say if it violates the setbacks. 11 - (Cont'd.) V. PUBLIC HEARINGS .4 PUBLIC HEARINGS C. TO CONSIDER THE APPEAL'OF Mayor Kraus: Mr. Meggs could build PLANNING COM}{ISSION%DECISION option 2 without a variance, and RELATIVE TO REQUEST FOR it would be on the side of the house VARIANCE TO ALLOW CON- he wishes. STRUCTION OF GARAGEi TO PROVIDE A 5 FOOT SIDEYARD Mr. Meggs indicated with this option AND 24 FOOT REARYARD. they would lose the solar panels V-500 (CHARLES MEGGS, and would have to put some kind of MONTAUK DRIVE) rack in the backyard. Also by. '~ doing this, there would be all going into the existing garage which they are trying to convert. Matteoni: tf option 2 were selected, it would seem the applicant is elongating the house visually and creating an impact. The position of the garage in the back has an offset by the area of open space off the drive where people are going to Re looking at it. Appears to him to be a better layout. Corr: If Mr. Meggs were to eliminate the breezeway and attach the garage to the house, it would seem less of an impact on the easement. Mr. Megg~: If we attached the 'proposed garage to the existing garagE, we would block out any : · possible source of light from the ~ room to be converted. Callon: Believe. the City's setbacks were designed to protect one neighbor from evading the next neighbor's privacy, and question if we need to be so stringent with the setbacks if it is not imposing any hardship on a nefghbor or the public. Kalb: Concerned about trying to maintain a relatively tight strictness within PC areas. Council concensus to go out and view this property. M/S: Kalb/Callon to continue the public hearing to January 17, 1979. Carried unanimously by voice vote. VII. 'C ! CONSENT CALENDAR ~A. REQUEST APPROVAL FOR SEVENTH M/S: Corr/Kalb to approve the Consent ANNUAL PAUL ~SSON MARATHON k CalendarA_~"~h~'~6~'~f6~'~i{tems vote. 12 - (Cont'd.) VII. CONSENT CALENDAR CONSENT CALENDAR B. ORDINANCE 38.92 AN ORDINANCE OF THE CITY OF SARATOGA AMENDING C~HAPTER 9 OF THE SARATOGA CITY CODE BY ESTABLISHING A BUS LOADING ZONE ON STATE ROUTE 9 SARATOGA-~OS GA~TOS. ROAD (2nd Reading) i Co CONSTRUCTION ACCEPTANCE SDR-1272, PADERO COURT/STAN FINBERG * D. RESOLUTION 887 RESOLUTION OF THE CITY OF SARATOGA TO UPDATE THE SARATOGA HOUSING AND RE- RABILITATION PROGRAM (Cont'd. 12/20/78) It E. PAYMENT OF CLAIMS VIII. ITEMS CONSIDERED SEPARATELY ITEMS CONS'IDERED SEPARATELY A ~R'~E~T'~P~OVAL FOR SEVENTH Kraus: Questioned the date of "2~NNUAb=PAUL---I~SON=MARA~HON the race, and if there has been Ii ~=~ ' j-~ I ~ ~ sufficient notice. ~ ~ ~i City Manager advised date is 7~ - -- -~ January 28, and no problems from ~2~- ~--" M/S: Kraus/Matteoni approval of item A. Carried unanimously by voice vote. B. RESOLUTION 887 City Manager clarified questions RESOLUTION OF THE'CITY OF previously posed concerning this SARATOGA TO UPDATE THE resolution. Section 2(b), term SARATOGA HOUSING AND RE- previously used: "below market RABILITATION PROGRAM interest rate" has been deleted. (Cont'd. 12/20/78) Point relevant to extension of below market interest rate SHARP loans to non-resident owners: Wording has been reflected in item 3(b) and (c). Point re: duration of the loan: intent is to get some continued commitment to the program. Kalb: Modify Section 3-a to reflect increases in operating costs re~ suiting directly from rehabilitation activity. Callon: Modify Section 3-c to reflect 24,months. M/S: Kaib/M~tteoni to adopt Resolution 887 with suggested modifications. Carried unanimously by voice vote. - 13 - (Cont'd.) . IX ADMINISTRATIVE MATTERS ADMINISTRATIVE MATTERS A. MAYOR B. COUNCIL & COMMISSION REPORTS C. DEPARTMENT HEADS &'OFFICERS D. CITY MANAGER 1. Report Re: ParkMaintenancei Requested continuance. to District a~d Lighting ~ 17o January District (Cont'd. 12/6/78).~ 2. Reques~ by Heber Teerlink Concensus to ailow 30 minutes on for Special Presentation January 9th, at 7:00 P,Mo, discuss: Calabazas Drainage Basin. ~X~ RECOGNITION - PUBLIC GROUP RECOGNITION - PUBLIC GROUP REPRESENTATIVES REPRESENTATIVES Mayor recognized the following: Virginia Laden, Planning Commission Gene Zambetti, Planning Commission Arnold Lowe, Good Government Group Shelley Williams, Planning Commission Ruth Shark, coffee hostess Richard Siegfried, Planning Commission XI. ADJOURNMENT ADJOURNMENT M/S: Callon/Matteoni to adjourn the meeting. Carried unanimously. The meeting was adjourned at 11:55 PoM.   = ectfully submitted, Dbe 14 -