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Home My WebLink About08-01-1979 City Council Minutes MINUTES SARATOGA CITY COUNCIL TI~: Wednesday, AuguSt 1, 1979 ~'7:30 P.M. PLACE: Saratoga City ~ouncil' Chambers, 13777 Fruitvale Ave., Saratoga, Calif. TYPE: Regular Meeting AGENDA :,. '~CTION I. .ORGANIZATION ORGANIZATION' A. ROLL CALL Present: Callop, Corr, Kalb Matteoni, Kraus \ ~:~ ,~YTA[~n~"~ None J~y 1'0,' 1979 B. MINUTES ~lp~:~ Modi.fy pg. 6, item V-A, BUDGET. Wording should indicate "Replacement Fund - Council approved $45,000, and requested the pro- cedure for writing off items be standardized for clarification." Julyl8/1929 Corr: Modify to indicate CounCil- members Corr and Kalb absent. Calon. Pg. 6, item V-A, GERALD BUTLER.APPEAL. Wording in third paragraph shohld indicate: "The two additional.units accessing onto Vickery would have to change their access to Lira Drive." M/S: ,~lb/Corr to approve the minutes of July 10· and July 18, as amended. Carried unanimously. II. CO}~UNtCATIONS COMMUNICATIONS A. ORAL 1. Request to~d~ Councilman Matteoni presented format r~solu[io~ ~'~b- a resolution ~stablishing'the lishing the fourth fourth Saturday of July'as "Saratoga. Saturday of every July Bear Day". as ~'Saratoga Bear Day'J. · The Saratoga Bear then presented the members of. the Council with a "Saratoga Bear Country" tee shirt. It was moved by Councilman Kalb, seconded by Councilwoman Corr to adopt Resolution 910. Carried upanimously. II. CO~UNICATIONSr (Cont'd.) COMMUNICATIONS B. WRITTEN ~ t~~! " · 1. Mr. Leon P. Fox, Jr. ~ The City Manager was directed ~o -Wylie,~ Blunt ~ McBride, ;. r. espond ito I thf~ letter, and to Attorne~ 'fo~Tony. Cocciardl indicate it is'.the%intent of the and Buzz Chadwickf, asking CQuncil that the .i~terpretation ~for a statement. of intent would not affect maps.which have or resolution re: modified al{eady received tentative map interpretation of the or fin~I map approval. HC-RD Ordinance'.. 2. Ms. Gwendolen B. Pennimax The City Manager indicated the SeCretary, Committee for the staff's position would not vary Poets' Garden, re: placement from its previous action on this of'commemorative'plaques at matter. The Council. requested the Village ~ibrary. that he communicate this to Ms. Penniman. ~. Marvin D.' Kirkeby, Civil Noted and filed. and Construction Consultant, Inc., re: building location for-Saratoga-Sunnyyale Road and Kirkmont. 4. Stephen de Keczer, Noted and filed.' 13415 Pierce Road, conmenting' on the meeting of July 24, and making a suggestion relative to Pierce Road area development. 5o Gerald'Butler, relative Letter to be considered as part to appeal on tentative sub- of the discussion on this agenda division map. item. -III. SUBDIVISIONS, BUILDING SITES,' SUBDIVISIONS, BUILDING SITES, ZONING REQUESTS ZONING REQUESTS A. ~0NSIDERATION OF A REQUEST Mr. Shook, Director of Public BY WILLIAM E. HEiSS FOR Works, indicated he has received AUTHORIZATION OF A GRADING the a~propriate.agreements between PErmIT FOR TRACT 6526 Southern Pacific and Blackwell Homes, (PARKERRA~N~H) (Cont'd. as well as the agreement between 7/18/79) Southern Pacific and the City of ~ Saratoga. Also received is the agreement between S.P. and Santa Clara Valley Water District. · These agreements'await review by the City Attorney, and then accep- tance by the City. "' Councilwoman Callon e~pressedcon- cern relative to the condemnation , . proceedings on the Carreia easement, -. and fear that this might hold up the project. M/S: Matteoni/Corr to grant the ~quest to proceed with grading on Tract 6526, subject to _.' -2- III. SUBDIVISIONS, BUILDING SITES, SUBDIVI'SIONS, BUILDING SITES, ZONING REQUESTS .ZONING REQUESTS A. CONSIDERATION OF A REQUEST conditions that the City accept BY WILLIAM E. HEISS FOR the agreements from Southern AUTHORIZATION OF A GRADING Pacific Company and the Santa PERMIT FOR TtACT 6526 Clara Valley Water District, (PARKER RANCH) (Cont'd. condemnation proceedings of the 7/18/79) Carreia easement (authorized by the City), and final action relative 'to Fremont Union High ,~' School,District easement grant. Further, the project engineer · ~ bring doct~nentation of the action of the high school district to the City's attention immediately. Also, the staff be directed to monitor the project in terms of scheduling. Carried 4 to 1, Councilwoman Call0n in opposition. B. CONSIDERATION' OF APPEAL OF The City Manager advised since PLANNING CO}~{ISSION the last regular meeting when this DECISION RE: REQUEST FOR item was discussed, the Planning AMENDmeNT TO TENTATIVE SUB- Director has submitted a report DIVISION MAP FOR LANDS OF summarizing the history of this GERALD & JUDITH BUTLER, application, dated 8/1/79). VICKERY AVE., ~12 lots) SD-1418) The Mayor referenced a letter submitted by Mr. Butler of this date, with attachments regarding some private streets in Saratoga. Council.~ersonsTCS-rr-an~-IC~alb} expressed interests'in' ~'i~i~'~ -this hearing, since Ethey ~'_f~'. ~Ds~n~Z'at the meeting on July 18th. This was acceptable to the Council. The Council discussed the issue of 4 lots taking access onto a private street, and also, that of 15 units on a cul-de-sac without secondary access. Stan Marshall of the Saratoga Planning Commission addressed the Council and affirmed that the Planning Commission's interpre- tation has always been 4 lots maximum. Also, he indicated this is the only subdivision he knows of where the number of houses has~been approved by a body ~f~i'~ i~ss of 15 with singl~'~'~eS~7~t~e~, the Planning Commission addressed the question of whether or not Lira Drive exists yet, and this was one of the basis of their decision. -3- III. SUBDIVISIONS/BUILDING 'SITES, SUBDIVISIONS,'BUILDING 'SITES, ZONING REQUESTS (Cont'd.) ZONING REQUESTS B. CONSIDERATION OF APPEAL OF. Don Beardsley, representing Mr. PLANNING COMMISSION and ~s. Butler, explained that DECISION RE: REQUEST FOR there are 13 lots which exit onto AMENDmeNT TO TENTATIVE SUB- Vickery, and approval of theiri2 DIVISION MAP FORLANDS OF request would allow them to go GERALD & JUDITH BUTLER, ahead with the first phase of VICKERY AVE. (12lots) development. In apprOving this, SD-1418) it would add.2 more lots to Vickery, for a total of 15. Mr. Butler, applicant in this matter, commented that since the Ordinance and the General Plan has existed in the City, there have been'3 new residences on Vickery Avenue. It was necessary to bring Vickery Avenue up to minimum access standards.' Approxi- mately'8 years ago, Mr. Ol~veri added a residence at the end of Vickery Avenue, and created.a 4- lot subdivision, in conflict with what Mr, Marshall said. He further -cl'arified that there are only 15 lbts on Vickery Avenue, and he is not~violating any part of the ordinance w~atsoever. David Smith, A~torney representing ~ ~ Mr.. and Mrs. Butler, ~ommented : that'in:Fifollow u~_to.--the,.discussion :. 2 weeks ago, they.have not additionally contacted the to firm up any part 'of this easement. .. The~reason being that there is nothing in the ordinance that re- quires an emergency or secondary access where the number of homes on this cul-de-sac {s 15 or less. Before c6ntac.ting the church again, they wanted to have a finding that in fact such emergency access was requiXed. M/S: Callon/Kalb tO grant the appeal to allow phasing of this tentative subdivision map and to grant the first phase, w~th the condition that an emergency access be provided on a continuing basis,__ .~d%~ioh~-'B~=~tent-~o~g~a~'~h to vote against this motion due to the fact there are 6 lots that will exit onto Vickery. The MayoE then called for the vote on the motion, and it was carried 4 to 1, Mayor Kraus in opposition. -.4 - IV. PETITIONS, ORDINANCES, AND PETITIONS, ORDINANCES, AND RESOLUTIONS RESOLUTIONS V. PUBLIC HEARINGS PUBLIC HEARINGS A. TO CONSIDER APPEAL BY WADE lCouncilman Kalb questioned the AND DOROTHY SHORTER OF ordinance section which reads:- PLANNING COMMISSION "Where a multi-story residential DECISION RELATIVE TO ~structure already exists on a GRANTING OF USE PERMIT Llot, a new multi-structure FOR CONSTRUCTION OF A. residential structure may be 7=erected opposite or contiguous · SECOND STORY ADDITION AT /ito the 14330 LUTHERIA WAY (UP-4i5 ~.r~~l=~u~r~.___ DAVIS) (Cont'd. 7/18/79) ~lr~df~-~--~,-m~i_~/_~ story~residential structure may :be allowed opposite or contiguous." lHe asked how this is applied to a s,ubdivision. ~The City,Attorney commented that when there is an ambiguity such as~ this, you construe it in favor .of the property owDer. The Mayor opened the publi~ hearing iat 9:11 P~M~ '- /Wade Sh0~ter, 14321 Lutheria Way~ commented th'~t he believes Section .. . 2 of Ordinance NS~3,31 which states: j !'~"Where a multi--story.residential · "- ~ ~s. tructuXe ai~dy exists on the lot and site~'~a new mul'ti~story " -- ~resident~l-s, tructure may be erected ioppoSiteor continguous to'the same .' . ." does not apply in this "' caste, -He indicated that the ~Davis's Bought their house one · year ago wi'th their eyes open. They knew'at that'time the'space zlimitations in this single-story · s~truc~Ure, and they ~new that the~r h0m~'was next door to an existing~-2~_~_~i?'~ house which was · ibuil~ about 50years ago. They now want to Shift their disadvantage ~to them By building a ~econd story..- This isl in direct conflict with all provisions. of Zoning Ordinance 'NS=3,31'~ F~rther~ M~. ShOrter jindicated they are protected by · ~both state and federal statutes, Mr, Sh0rte~furthgr commented that ~3 different real. estate repre~ Se~tatives have informed them'that a second-story addition would de- value their home, -5- V. PUBLIC HEARINGS (Cont'd.) POBLIC HEARINGS A. TO CONSIDER APPEAL BY WADE Tony Davis, 14330 Lutheria Way, AND DOROTHY SHORTER OF advised it is true they moved PLANNING COMMISSION into this house approximately o~e DECISION P~LATIVE TO year ago, and it was their intent GRANTING OF USE PErmIT before they moved into it to make FOR CONSTRUCTION OF A it larger. The house is 1600 SECOND STORY ADDITION AT square feet and is built as a 4- 14330 LUTHERIA WAY'(UP-415 bedroom house, making the rooms DAVIS' (Cont'd. 7/18/79) small. At the time they bought the home, they received a set of plans for a single story which had been designed by the previous occupants~ and they did not like that particular plan'because it did not solve the problems -- it just shuffled things around. They subsequently received another design for a single-story addition, however, this was not a satisfactory z solution either. This is why they went to the 2-story design. M/S: Corr/Kalb to close the public'hearing. Carried unani- mously. The public hearing was closed at 9:15 P.M. Councilwoman Corr indicated she has a prqblem in applying the ordinance to this particular piece of property. This addition creates a distinct corridor affect, which isI detrimental to the adjacent property.' Councilman Matteonicommented tha~ th.~Davisi's. have~had imposed upon ! the~ conditions to mitigate, as well as design review, to make sure that the addition fits with .~ the flow of the house. There is an effort'to give some variation, and he believes the plan fits with the interpretation the City has been giving to the ordinance in the past 4.to 5. years, plan is, app~d~ the landscaping put in there be vet mature,to cut off.the twos:story a~fect~ ' M~S; M~tteoni/Kalb to deny the appeal and uphold the issuance of the twd-story conversion permit~ with~the condition that mature trees be programmed for screening of the laddition. Carried 4 to 1~ Councilwoman Corr in opposition. -6- V. PUBLIC HEARINGS (~ont'd.) PUBLIC HEARINGS B. TO CONSIDER APPEAL BY Mr. Robinson, Planning Director, DIVIDEN~ DEVELOPMENT COP~. outlined the background c6ncerning OF PLANNING COMMISSION this subdivision map. The Planning DECISION RELATIVE TO Commission on July 25, 1979, DENIAL OF TENTATIVE MAp approved a tentative map for 'a (~SD~1416, Carnelian Glen ir five lot subdivision for the de- (6 lots) velopment of this tradt.. The Mayor opened the public hearing at 9:30 P.M. Edmund Beckman of Dividend Development Corporation indicated the reason he is here tonight is to present what they think is the better of the two maps, but to have the Council look at both and decide which they would prefer. Mr. Backman ~isplayed the 5-lot plan, indicating the developer has no intent of performing any further subdivision than laid out in the plan. He then displayed a map outlining the proposed 6-lot plan, pointing out that lots 2, 3, 4 and 5 access from the access road, and Mr. Johns has its access from Horseshoe Drive. Mr. Backman stated that the lines shown lend themselves more readily to a breakdown of the overall tract, and the addition of one lot of the size they are talking about is way above the minimum require- ment of zoning parameters. The way this plan is constructed, they will have 4 lots that lie in between a swail on the south end and a creek on the north end of the property, which makes for com- plete privacy~- the fifth lot being along the access road. Councilman Kalb asked if the de- veloper wouldn't end up removing a great number of trees and signi- ficant drainage problems by putting the road down the middle of the drainage swail. Mr. Ba~kman replied that as far · as drainage in the swail is'con- cerned, he believes it would be a simple .Public Works .aCtion to pipe this portion of the swail .I under .the bulb and, at the same l.. time, ~etain the ~e.st of the ~ scenic easement o~ either side. -- V. PUBLIC HEARINGS (Cont'd.) ' IPUBLIC HEARINGS B. TO CONSIDER APPEAL BY Jim McCoy of McKay and Somps, DIVIDEND DEVELOPMENT CORP. Civil Engineers, addressed the ' OF PLANNING COMMISSION Council, .He indicated that the '~ DECISION RELATIVE TO drainage would occur in three DENIAL OF TENTATIVE MAP areas. The minimum acce~ Toad (SD-1416, Carnelian Glen II' won~?have to be p~Cked up in (6 lots) facility in the swail itself where the cul~de~sac bulb would be placed, with a pip~ under- neath the swail to carry the water inrthe'area of the swail. The attempt is to place the bulb at the point where there are the least number of trees affected. M/S: ~tteoni/Callon to close the public hearing. Carried. Th& public hearing was closed at 9:45 P.M. Councilman Kalb inquired how the Planning Commission arrived at 5 lots. Mr. Robinson explained when the 6-lot subdivision came in, it violated the General Plan. When the staff brought back an alter- native, there were 6 lots still. The Planning Commission then indicated its intent to not put any more than 4 homes on a minimL~n access street. Stan Marshall, Planning Commissioner, clarified the point is the lot the applicant proposes to develop -- the ~t~_~ylot is a very poor lot, and he faces the decision to either place a cul-de-sac in a poor location, or to put a house in a o poor location. Therefore, Marshall had spearheaded the notion ,' that the area be designed in such a way that it could not be further subdivided. Th~ CoUncildiScussed.the issue of a 6-lot subdivision vs. 5-lots. The point was made that the 5~lot plan includes a much shorter road, and also, the road does not end up in the swail. .t M/S:'Kalb/Corr to deny the appeal by Dividend Development Corporation. ~ .. T~-~0tion was carried unanimously. Recess and ~econ'vene. - -' ' IVi BIDS & CONTRACTS BIDS & CONTRACTS. VII.. CONSENT CALENDAR CONSENT. CALENDAR A. EMERGENCY SERVICES XGREE~E~ Couficilwoman Corr r~quested re- WITH SANTA CLARA COUNTY. moval of item B for discussion. B. SAN JOSE SY}~HONY REQUEST M/S: Matteoni/Kalb to approve FOR REFUND OF. USE PERMIT FE~ the Consent Calendar, with the .exception of item B. Carried C. REQUEST FOR AUTHORIZATION unanimously. TO CALL FOR BIDS FOR 72" ROTARY MOWER AND TRAILER D. RESOLUTION 909, A RESOLUTIC OF INTENTION TO ABANDON A PORTION OF KIRKMONT DRIVE AND TO SET PUBLIC HEARING E. PAYMENT OF CLAIMS VIII. ITEMS CONSIDERED SEPARATELY ITEMS CONSIDERED SEPARATELY B. SAN JOSE SYMPHONY REQUEST Councilwoman Corr questioned the FOR REFUND OF USE PERMIT ~'~ request for refund for the $200 use permit, and also, the bond. Th~ City Manager explained the bond is being refunded as a matter of process. At the time .the application came in, it was reviewed by the Council and it · was r~quested to hold off until the event was over. M/S: Kalb/Callon to approve item B in terms of a refund to the San Jose Symphony Association, to the extent .that the funds with- held exceeded the City's costs in administering and executing this event. Carried unanimously. IX. ADMINISTRATIVE MATTERS ADMINISTRATIVE MATTERS A. ~YOR 1. Lette~ ~rom'Glen Hoffma~ Noted and filed. re: Western Region Inter- Agency Conference. 2. Leo McCarthy, re: C0unc{1 to review at future study AB 1111 ~ 'sessiOn B. 'COUNCIL & COmmISSION REPOR] 1. Kalb.- Council~ersons [ Council indicated its interest from some-of th~ ot~er citie 'in participating. in'this demon-.. try{ng to get a majo~'ity. o~" stratio~. : ~9~c~ty representatives ~t~j'. supporting PUC .... ' -9- ........ . ; · IX. ADMINISTRATIVE MATTERS (.Cont!'d'..). "ADMINISTRATIVE MATTERS B. COUNCIL & COMMBSION REPORTS 2.. Kalb - Concern regarding Acknowledged comments. · culvert work authorized by Council on Camino de-los Barcos. Did not accomplish what was intended. 3. Matteoni - Requested .CoU_nci-.1.. concurrence. staff prepare formal copy of resolution re: "Saratoga Da" Bear y to Saratoga Hardware. · 4. Survey re: I.G.C. Requested City Manager provide meetings. · copies of this survey for Council. C. DEPARTS-gENT HEADS & OFFICERS 1. Planning Director Report Councilwoman Callon expressed her Re: Evaluation of Five· opinion that in limiting the number Member Planning Commission from 7 to 5 members, you limit the opportunities of involving citizens of the community in the decision- making part of the process. · Councilman Kalb mentioned:~ '~ssibl~ .... v- ..... . ~ one or more member ' ~ terms expire, :' i.due to the .r_apid ·need to make a · decision in' filling these positions. :. M/S': .C~f~'/Kal6- ~' Pi~i~ ~ '. "~- '&~original~7 members,. and the s~aff'~Be; ~directe~d ~to .adverti~se ;for~ 2 aaditio~l- :bosi~fons on'-'~h~ Planni~ fCarried'.3-"~o' 12'~CounCi~lman' Matteoni~an~= KfaL~s.~in: opposition.,~ ~ X. ADJOURNMENT . ADJOURNMENT M/S: Callon/Kalb to adjourn to an Executive Session. Carried unanimously. The meeting was adjourned at 11:00 P.M. bmi'tted, C°'tm~~ - 10 -