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HomeMy WebLinkAbout01-02-1980 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, January 2, 1980 -17:30 P.M. PLACE: Saratoga City Council.Chambe~S,z13777 Fruitvale .Ave., Saratoga~ Calif. TYPE: Regular Meeting. . ..~ .. I. ORGANIZATION O ORGANIZATION A. ROLL CALL Present: 'Callon, Corr, Kraus Absent: Matteoni (arrived 7:33 PM) B. MINUTES (December 19, 1979)' Councilwoman Callon requested inclusion of her comments expressing concerns in approving an agree- ment which would allow developers the opprotunity to install sanitary sewerage facilities through assessment district pro- ceedings (item V-D, VILLAGE PARKING DISTRICT NO. 4) M/S: Corr/Callon to approve the minutes of December 19, 1979, as modified. Carried unanimously. II. .CO~,~NICATIONS COMMUNICATIONS A. ORAL B. WRITTEN 1. Ms. Christina Gulrich, Directed City Manager to respond, 12308 Walden Court, urging~ indicating that the matter of Saratoga to take a stronger preservation of the corridor is stand on the issue of the at the state level; however, City West Valley..Transportation will address use of the corridor Corridor. in the nextstage. 2. Ms. Mildred Gordon, Noted and'filed. To be considered President, SASCC, expressing with public hearing on January 16. unanimous support of the Board of Saratoga Area Seni~r~ Coordinating Council for an addition to the Community Center for use by seniors., 3. Mr. Gerald Butler, 15015 The City Manager explained there Vickery Avenue, asking for a is no provision in the present second one-year extension ordinance for~'a~_-'s~%d" ~ for SDR-1296. ~ extension on this appli6~ion. Council concensus to continue discussion until the next'regular meeting, and direct staff to pro- vide the 2 applicable ordinance sections pertaining to subdivisions and extensio~ of site approval. II. COMMUNICATIONS (Cont'd. ~-~ ~CO~4UNIC~TIONS B. WRITTEN 4. Office of Congressman Directed 'City Manager to reply to Norman Y. M{neta, forwarding letter~ indicating these areas copy of letter from Ms. had been previously zoned for Virginia Perry, 20615 leonar{ commercial development which Road, re: rapid growth in occurred. Saratoga and Cupertino. III. SUBDIVISIONS, BUILDING SITES, SUBDIVISIONS, BUILDING SITES, ZONING REQUESTS ZONING REQUESTS IV. PETITIONS, ORDINANCES, AND PETITIONS, ORDINANCES, AND ., RESOLUTIONS RESOLUTIONS A. RESOLUTION 935 Councilwoman Callon requested. wording revision to reflect A PZSOLUTION ENDORSING ABAG~ adoption of the City of Saratoga's POPULATION PROJECTIONS '79 population projections for 1979. This was agreeable with the other members of the Council. M/S: Cal'lon/Corr to adopt Resolution 935. Carried unanimously. B. MINUTE RESOLUTION AUTHORIZIN Ref. staff report, dated12/28/79, APPLICATION FOR TP~FFIC recommending approval of proposed DEVELOPMZNT ACT (TDA) FUNDS projects (Exhibit "A"). FOR. BICYCLE PATH CONSTRUCTION M/S: Corr/Callon to approve the proposed projects for Transpor- tation Development Act funds, as recommended. Said projects ~ include the following areas: Quito/Allendale; Quito Road; and Fruitvale Ayenue~ ~otion carried unanimously. V. PUBLIC HEARINGS PUBLIC HEARINGS ,A. DE NOVO H/EARING TO CONSIDER~ Ref. staff report, dated 12/13/79. APPEAL BY RUTH & CARL NIELSEN 18921 CYRIL PLACE, AND SUSAN Mr. Robinson, Planning Director, & GLENN KRAL, 18876 ~STVIEW explained that what is being DRIVE, OF PLANNING COmmISSION appealed is the additional height APPROVAL OF USE PEP~IT 429 of the accessory structure in the (Richard Harle~, 18911 Cyril rear yard. The Planning Commission Place) (Cont'd.'12/19/79) had approved t-he use permit, on the basis ~that added landscaping would mitigate the impact of the proposed structure. · i Public hearing opened at 8:16 P.~. Paul Hogan, .attorney on behalf of Richard Harley, addressed the Council. He commented relative Ito the Council's concerns ofthe overhang of the structure, ind~ating the zoning regulations do not allow an overhang in excess of 3 feet. This build'ing will comply with this regulatioh. V. PUBLIC HEARINGS ~PUBLIC HEARINGS A. DE NOVO HEARING TO CONSIDER (Mr. Nfelsen coht'd. APPEAL~B~'~2& CARL NIELSEN, 18921 d~i~r~PLACE, AND SUSAN & GLENN KtAL, 18876 WESTVIEW ~ clOSe to the 'fence was that it DRIVE, OF PLANNING COMMISSION could be hidden'by landscaping. APPROVAL OF USE PERMIT 429~ ~ In a sense they were saying, (Richard Harley, 18911 Cyril "never mind the ordinances, as Place) (Cont'd. 12/19/79) long as you can hide it by'land- ' scaping." By adding landscaping · to hide it from the neighbors, (Mr. Hogan - con~'d.) you admit the structure isn"~ · Mr. Hogan explained the reason that nice to look at; and secondly, for the 9-fo~ tall structure. because-there is only 3 feet be- is that it covers-,on one'corner tween the structure and the fence, landscaping would have a very hard an existing spa that has a raised ledge, and because of time coming up. 'Also, since the the height of the wooden beams structure is 10 feet high, it on the top of the structure would be several years before the and the.raised ledge on top of landscape grew up and covered it, and this would be a burden on the spa, if the building were only 8 feet tall, there would surrounding propertiesin'the meantime. only be 6 feet ~f head room, and Mr. Harley is 6 ft. 4 in.. Mr. Nielsen stated all he is tall.' asking is that the structure be - modified,a little bit, and be He suggesed in lightof the moved.a little bit away from the staff's report and the Planning fence. Cormnission's review of this issue and 'the numberof hearings Councilman Matteoni inquired' if the Planning Commission's the proposed deck in Mr. Nielsen's recommendation be followed. ~ back yard would be at the existing Carl N~sen, who resideS'on surface or raised. the property direct.ly west Mr. Nielsen replied that he is of the Harley property, indi- just thinkingof a wooden deck, cared he is not objecting to probably less than 6 inches tall. the structure per se, but that the structure be moved a little Mr. HarleX addressed the Council. bit away from the fence and be~ He indicated that the Planning lowered. Commission was faced with a balancing factor, and it came up Mr. N~sen referenced the with what se~m~d to be a reasonable staffsreport, dated 11/7/79 solution. That is to allow the indicating the spa is approxi-~ structure, but to put in landscap~ag mately 2 feet high. He that will grow quickly and shield pointed out that with the the structure from view. additional height from the 2- foot spa to the to the top : Councilwoman Callon asked Mr. of the structure, this Harley what the proposed use of actually works out to 10 feet~ the structure would be. rather than 9'feet. He furthe~ indicated that although ther. Mr. Harley replied about half would model reflects the structure be a deck area, and half would be being very small, it is actually -for a garden..I 30 feet long and 1~ feet~wide, ",' With a 4-car carport. CouncilwOman 'Callon asked if there is a specific need for the exact Mr. Neilsen indicated that at dimensions on 'the roof. Planning Commission Meeting, the the structure to be so'. of the arguments for allow- one Mr. Harley replied that,the roof ing - 'needs to support 9 solar panels, which are 54 inches by 10 feet. - 3 - V. PUBLIC HEARINGS ~ PUBLIC HEARINGS A. DE NOVO HEARING TO CONSIDER Mayor .Kraus commented that he APPEAL BY RUTH & CARL NIELSEN. notices there is a portion of 18921 CYRIL PLACE, AND SUSAN this area that is paved adjacent & GLENN KRAL, 18876WESTVIEW to the spa, and asked~4Mr. Harley DRIVE, OF-PLANNING COMMISSION if he is planning to pave the APPROVAL OF USE PERMIT '429 remaining portion of this property. (Richard Harley, 18911 Cyril Place) (Cont'd. 12/19/79) Mr. Harley replied that he is not intending to pave additional area. Glenn Kral, 18876 Westview Drive, comment'ed that Mr. Harley spent a lot of time and money putting this pool in, and if had given mo~e thought at that time, there wouldn't be this problem. If the solar panels are important in this design, and if they are so expensive, that.also should have been considered when the pool was considered. Mr. Kral indicated h~ lives behind the Harley property and is a foot lower, and.at the angle where he is, one added foot makes a big difference. It seems he is asking a variance because they made a mistake in planning the pool CouncilmaX Matteoni askedif there - is some screen to this proposed structure from Mr.-Kral's back yard as it presently exists. Mr. Kraul ~eplied that there'.is not screening from his angle. M/S: Callon/Corr to close the public.hearing~ Carried unanimously. The public hearing was closed at 8:40 P,M. It was the concensus of the Council not to deny the use permit,at this time, and allow the applicant to submit a re-design of the proposal. Some of the proposed modifications were: 1) move from the dloseness of Mr. Nielsen's fence along side yard; 2) lower the height by one foot and cut off the overhang in front; 3) cutting off the overhang by 3 feet in the rear. M/S; ~,Iatteoni/Co"rr to resdind the ,previous motion, and re-open the' public hearing. The motion was~ carried unanimously; the public hearing was re-opened at 8:55 P.M. 4.- ' V. PUBLIC.HEARINGS d~ PUBLIC HEARINGS A. DE NOVO HEARING TO CONSIDER' M/S: Matteoni/Corr to'continue APPEAL BY RUTH & CARL NIELSEN the public hearing to January 16, 18921 CYRIL PLACE~' AND SUSAN '.1980, to allow the applicant to & GLENN KRAL, 18876 ~STVIEW meet with the staff an~ come back DRIVE, OF PLANNING COMMISSION to the Council with a re-design' "APPROVAL OF USE.,PERMIT 429 of the proposed structure with Richard Har!~y, 18911 Cyril approp'riate conditions, for Place) (Cont'd. 12/19/79) CoUncil consideration. Carried unanimously. B. TO CONSIDER APPEAL ~Y The City.Manager brought. to the MARTIN J. OUDEWAAL, 19387 Council's attention a letter from ALLENDALE AVENUE, OF PLANNING 'Mr. Hei~%i~ Architect, requesting COMMISSION DECISION RELATIVE a second continuance of this hearing, TO CONDITIONS OF TENTATIVE ! preferably for 4'weeks. BUILDING SITE APPROVAL · (Cont'd. 12/19/79)' This continuance was acceptable to the Council, and the hearing · was continued to February 6, 1980. C. TO CONSIDER DRAFT ENVIRON- The City Manager advised this MENTAL IMPACT REPORT ON THE hearing has been duly noticed, EXTENSION OF THE SAN JOSE and the E.I.R. for this proposed WATER WORKS.DELIVERy SYSTEM,' project has been out for circulation ASSESSMENT DISTRICT'FORMATION for 30 days.i It is proposed to ~,~STERN HILLSIDES) open the public hearing this evening after hearing the presen- tation, and then continue the hearing to January t6th to allow additional letters.and input. This input would be noted, and a total E.I.R~ prepared for the meeting oneFebruary 6th. Mr. Robinson, Planning Director, summarized the.staff report, dated 12/27/79.' Mr. Jeff Swett of Environmental Sciences Associates, addressed the COuncil. He explained that the project consists of an asSess- ment district formation, the 'initial stated goal or purpose .being to improve the existing water distribution system in the Mt. Eden/Pierce Road'areas. tie outlined the proposed affected ., area and'boundaries~ He then -.' summarized the anticipated primary effects of the project, including geologic problems, ecological effects, noise impact during construction, traffic access through construction period, improved water service, visual imRact of water tank, a~d~-~ ~a~rch'~o_~.~l~l'~f~fects. He ind{~ j/~ ~'~d'~a%'~'~C~etically, the are~ would be changing from open space to lowdensity-residential. He further indicated proposed miti- gating measures for the above~ · mentioned effects· - 5 - V. PUBLIC HEARINGS ~ PUBLIC HEARINGS C. TO CONSIDER DRAFT ENVIRON- Willem Kohler, 21842 Via Regina, MENTAL IMPACT REPORT ON THE speaking as President'of Via EXTENSION OF THE SAN JOSE Regina RoadIIncorporation, indi- WATER WORKS DELIVERY SYSTEM, cated this matter originated from ASSESSMENT DISTRICT FORMATION a petition jigned by 60% of land- (WESTERN HILLSIDES) (Cont'd.) owners. H~ pointed out that the number of people involved is less ~.'C~u%~ci~'~f~c~ss~th Mr. than the number of people who 'SwettT~a.s-w~Ii-~-S~-th-e~taff, signed-another petition,on Via the proposed rSad:improvement Regina, and most of the people who alternative along with the signed the petition fSr'this de- water improvement project. velopment live in the County and ~. Robinson explained that if not Saratoga. Mr. Kohler state& there the City Council certifies was an earlier petition protesting this document with the ex- any expansion of utilities on panded material dealing with Via Regina, and this was filed wlth the alternative circulation : the City. Therefore, these people route, the Planning Commission should have been notified Of this will reference this document public hearing. in all the public hearing testimonies in terms of,a miti- Mr. Kohler commented that the gated negative declaration. impact on Via Regina, according ___,,.,j%,:~.~=~.~_~r.~ to the E.I.R., is sketchil~:"~ <~ayo~ Kraus pointed out a di~- handled, and there is no adequate ~_crepa~cy o~ pag~ 14.5f~' map showing the water pipe; It re~E./~ii?'~hfcF-~t-~alks ' only shows it going through a land- " about construction at the rate' slide area off Via Regina, and he of 200 to 250 per day of the believes there will be a lot of pipeline. On page 15, it expense to put a pipe in. talks about 1,000 feet per dayi On page 26, it mentions the issue Mr. Swett explained that the of fire protection, and the :':.. engineer in reviewing the ! recommendation is to widen Via information, had indicated that Regina. People on Via Regina do E.S.A.'s interpretation of not want the.intruSion of the 1,000 feet per day was in- water, and are happy with what correct, and it was changed in' they have now. 3 places rather than the : ssell Crowther necessary 4 places in the report. Ru C9~rt, pr~_en~t~,d~-~umln_~ of ~ thee. Mayor Kraus then referenced ~ page 34 of the report, in refer- ~H°me°~ne[s~~dd~i~ti°~'''~Ie~i~ ence to improvements on Pierce, f~l'F[~'~?'k. isincomplete in Road, pointing out that these a number of areas. One of the improvements are not mentioned. key concerns was fiscal impact. The report acknowledges that the Mr. Swett indicated there has City of Saratoga is liable in the' been a substantial amount of event of default on the~proposed Planning Commission/Council bond measure and that the annual cost eventually will exceed the interest in improvement measures on P~e[q.~,Ro.~a~_~and they just revenues. However, it is the iY~'ceived~t~ezmbsC>recent concept Association's concern that some ~--~-' ~ ~-~-~ ~ very optomistic assumptions were Mayor Kraus requested when the made in evaluating that liability, final E.I.R. is considered, this and some issues that could have improvement be indicated. major impact were ignored. The Mayor then open'ed the public For example, the E.I.R. assumes hearing at 9:40 P.M. that all Williamson Act Agricultural Preserve lands will be converted to residential development. V~ PUBLIC HEARINGS ~ PUBLIC HEARINGS C. TO CONSIDER DRAFT ENVIRON- (Russell Crofther - cont'd.) MENTAL IMPACT REPORT ON THE EXTENSION OF THE SAN JOSE It is assumed that a federal grant WATER WORKS DELIVERY SYSTEM~ will be available to cover much · ASSESSMENT DISTRICT FORMATION of the cost of a new fire station. (WESTERN HILLSIDES) (Cont'd~) There is no cost estimate for the ~.' fire statiQhbUilding and asso- (Russell CrDwther - cont'd.')· 'Ciated.equipme~t. It is indicated because of the extreme fire hazards The E.i.R. also assumes that .- Of the;area, all the'new homes those people who own tho:se rands should ha~e T.V.' hook up to a Com- will invest in this bondmeasure, puter Control system-in the fire and the E.I.R. admits that it station to provide early warning would be contrary to both city! in the event of a fire; however, and l~itliamson Act policy to z there is no detailed cost provided release from the contract before for that system. It appears that the 10-year waiting period. all of the hazards are identified This also seems to be inconsis- up front, and if the City, with tent with the Saratoga General all of these known hazards in Plan which ~'F~'.o~j~hese full view, approves the project, areas--as open space. who is liable if a.,landslide occurs and wipes out the water One of the key things that con- system during'an earthquake, just cerns them fisca!ly relates to. when the water is needed to put- some of the risks associated out the earthquake-induced fires? with the potential cost of the' pipeline and water tank. On The E'.I.R.·also acknowledges that page 9 of the E.I.R., it is Calaveras Creek and two culverts identified that 50% of the land on Calabazas Creek are inadequate in this area is land which con- to carry theincreased flow caused sists of existing landslides . by run-off from the project, and or landslide deposits or other also, erosion caused by more fre- unstable soils. The E.I.R. quent and faster flows from the indicates a large number of run-off will. increase landslide mitigating measures proposed hazards. It is also acknowledged for construction of the pLipe- : that increased siltation will line and the tank. A cost ~ccur, and that there are high estimate of $1.2 million has costs of siltation pond cleanup been made, and assuming this for the pond that now exists on estimate is received and the Calabazas Creek. bond measure passed, Who carries the finahcial burden in William Carlson of Santa Clara the event the cost greatly Valley Water District estimated. exceeds the initial estimate on $2 million to bring Calabazas which the bond measureis based Creek up to a level.where'it will Further, if you create the take the kind of flows that will ability to build homes in the occur due to increased-impervious area by constructing the pipe- surface runoff. This would in- line and a landslide wipes out' clude straightening t~e creek and the whole system endangering the replacing Culverts.. The Council lives of the people who depend. has discussed formation of an on the system, it seems there assessment district for that is a potential liability. purpose. The report on page .37 ~ states that methods for handling Mr. Crowther commented that the the existing problems in the area system doesn't seem to be a and cumulative impacts of develop- loop system; therefore, the ment in the western foothill area question is, "What will be the· have yet to be determined. fiscal impact of adhering to the Fire Marshal's recommen- The E.I.R.' also ack~ow!edges the dations?" expected high city costs for V. PUBLIC HEARINGS PUBLIC HEARINGS C. TO CONSIDER DRAFT ENVIRON- (RussellCrowther ~oDt~td.) MENTAL D~ACT REPORT ON THE EXTENSION OF THE SAN JOSE The California Bureau' of Mines. WATER WORKS DELIVERY SYSTEM and Geology report also maps ASSESSMENT DISTRICT FO~TIO~ in detail. the. geologic features (WESTERN HILLSIDES) (Cont'd~) of the.area°,..and shows a number of fault lines. through .the area . (Russell Crowther - cont'd.) that are not mentioned in the E.I.R. street and storm drain mainten- ance, and estimates the over- Councilman Matteoni explained all street and storm drain that in regard to this mapping, maintenance costs will be in- : the City has'been doing some up- creased by 10% by this project... dating through the town geologist It provides no specifi~ dollar in recent years, and the .U.S.G.S. estimates. Generally.~ indepen- mapping is on a generalized basis. dent water companies-in the hillside areas have rates 3 to Mr. Cr~wther commented that it 10 times higher than valley is indicated the Fire Marshal rates. recommended' the loop street; however, it states the Fire Throughout the report, in Marshal indicated there'were no several areas, fiscal impacts hazards from the system. There- were mentioned, and.in many fore, the question is, "Did he cases not much detail was assume that a loop system would given. They would like to see be installed'when he came to that an overall fiscal summary of conclusion?" Also, "Is it all of these impacts, tabu- definite that a fire station can lating all of the expected be built and monies will be avail- fiscal impacts. able for a fire station?"' "Did he assume there was a fire station?" With respect to the scope of the E.I.R., the maps indicate They are concerned about Calabazas a gap in the pipeline along 'Creekbecause'they are directly Pierce Road. Further, an impacted by it. If straightening E.I.R. has hever been prepared and concrete lining of the creek on extension of water service. will be r~quired as an impacE, into the Parker Ranch, and this should be identified, as this is questioned. Will this would be inconsistent with San Jose Water Works prepare the Saratoga General Plan. a separate E.I.R. for extension of thei~ system into the Parker The E.I.R. on. page 2'2 indicates Ranch for construction of a that HCRD zonin~ of the project water tank on the Parker Ranch? area conforms to the Saratoga Will the Parker Ranch system General Plan. Mr. Crowther conmented be coupled with. the sytem that they would strongly dis.agree indicated in the E.I.R.? How with this statement because can overall impacts be evaluated according't~ the Saratoga Generai if the entire cumulative effects Plan maps, much of the l~nd in of the San Jos~ Water Works the project area is-agricultural. · expansion into the western hillls are not considered? The traffic"data on Table I on page 33 is not consistent' with Itis mentioned that a numbe'r the data on Table. III on page 47. oflandslides are currently A good fr'action of the traffim active; however, those are not that goes into the back part of indicated, and it is asked Pierce Road cuts through from that they be so indicated. It Stelling down Ar~uello onto Comer, is mentioned there are unstable and turns onto Pierce. Yet, it soil areas, and they would like is not clear whether that was to see a map showing areas of considered at all, as the numbers soil creep, dip slopes, and' indicated are for Comer Drive other unstable ground areas. west of Arguello, but the traffic 8 V. PUBLIC HEARINGS ~p PUBLIC HEARINGS TO CONSIDER DRAFT ENVIRON- Perry West, 21781 Via 'Regina, ~NTAL IDaACT REPORT ON THE indicated he would like to EXTENSION OF THE SAN JOSE address the.report as a Via Regina WATER WORKS DELIVERY SYSTEM, Homeowners AssociatiOn member at ASSESSmeNT DISTRICT FOrmATION a different angle than Mr. Kohler. (~STERN HILLSIDES) (Cont.'d.) He finds certain things not objectionable about the project. Russell Crowther -'cont~d.) I The pipe under the ground does not bother him. The fact that the on Arguello doer not appear toI fire service on Via Regina would have been considered. be imprOv~d doesn't particularly bother him, and there are some Mr. Crowther stated that they benefits especially to residents feel several realistic project~ of Via Reginaat'the tqp. alternatives should be con- sidered: However, he is concerned about the 1) a project consistent with inconvenience of construction, the SaratOga General Plan; and he shares the concern of the 2) a project withno new residents.abou.t surprises, such construction, including pipe as he read in this report tonight. lines, water tanks and homes He finds it is being suggested on known landslide deposits that the pipeline not follow the and fault. lines; existing easement. Also, there 3) a project based on the is some suggestion of a realignment provisions for dwelling density of Via Regina, and he wo~ld'share · reductions currently in the this concern with the residents. initiative measure. Another concern is'that in his discussions with Ernie Kraule, Vince Garrod, 22600 Mt. Eden he finds that he requested from. Road, indicated he finds the ~San jose~Water!Works a number of report to be quite. comprehen- years ago that the main on Via sive, and it does exactly what Regina b~.replaced because ~f Some an E.I.R. is supposed to do. , problems,. Many of the mains Mr. Garrod stated that~__~7~f that he had requested to be be of the'original propone~s~f ~ replaced'havebe~n; however, the the Water District ~nd one Of L main on Via. Regina has not been. the people who has paid for this ErI.R.~The traffic'alter-. He.also finds surprising some of' native came up only bedause in the i~f0rm~tion'that has come'to the original plans for the him regarding estimates' for the water project, there' came a. De Martini p~oject, which ~s a problem in which about 4,000' ~egment ~f this assessment. distridt. feet of road had to be built I't is his under§tanding the for the Water District over estimated cost is about half a existing roadways..' At the million dollars. This looks to be same time, one of th~ proposed' about 30%Iof the pipe,. and he. subdivisions in the extension wonders how that project can be of Old Oak Way had to be con- .completed and the other 70% of sidered. A decision had to the pipe installed, the pumping be made whether the pipeline station and tank installed and roadway should beput in in aecess roads made, all for $1.2 such a manner that it would be. million dollars. useful to the City at some future date. It was decided as Clark Davis, 21820 Via Regina, long as engineering was being commented that he finds some done on the roadway for the discrepancies with the report. pipeline, to see. whether or not He does not buy the business about it would accomplish a secondary "not enough pressure". He ~ould. purpose, and also, to provide!' also like to ask, "To what spec a service to the City.. This was the original main put in there?" was included as a request of numerous meetings and hearings Mr. Robinson replied that the Code with the Planning Commission, was changed to require 1,000 the City Council, and staff. gallons per minute for the minimum duration. - 9 - V. PUBLIC HEARINGS ~ PUBLIC HEARINGS C. TO CONSIDER DRAFT ENVIRON- (Vince Garrod) MENTAL IMPACT REPORT ON THE EXTENSION OF THE SAN JOSE San Jose Water Works proposes to WATER WORKS DELIVERY SYSTEM put up on Via Regina. It is going ASSESSMENT DISTRICT FO~TION up Via Regina at the request of (WESTERN HILLSIDES) (Cont'd~) San Jose Water Works and at the request of the Saratoga Fire (Clark Davis) Department, and those people are not being assessed for the water Mr. Davis stated he doesn't main. Further, the Water District understand this,<~.ca~_e ~"7~? was formed by 94% of the property all the hquses up th~~ ~" owners within the district, repre- doesn't know of a.single one ~Senting 94% of the residents within that has burned down. He has the district. been there for several year, and all of a sudden,:we're MD. Kohler again addressed the supposed to tear up the road, Council, stating that' about 5 form a district, spend a Iot of people who border Cocciardi's money to put in a solution to a property'are in the assessment problem he is not aware exists. district, and 2 are against it. Another question is, "How did A1 De Martini, 20216 Edinburgh we arrive at this 60% figure?"- Drive, commented that he believes the previous speaker has his Mr. Robinson replied it is basec figures wrong concerning the on the way the boundarieb of water to his subdivision. The the total area are set up. half-million dollar figure did not include the total to bring Mr. Davis commented that he the water from Pike Road to Mt. feels this is clearly a Eden Road. A more.exact figure matter of .the landowners and would be around $366,000. developers wanting something that the residents~'c~'~'~.~e 'T had Binckley, 13570 Pierce Road, <'~si~e?tl{is~_w~er ~sse~ss/_~ indicated his firm is the engineer ~en~'~s'~ri~ a~ anything but for this project, and he would beautiful. Further, he does like to straighten out some mis- not see why city government is conceptions regarding the plan, acting on information that was hydralicS and economics. The financed from a private source. system being installed by the District is what is called a The City Manager explained that "backbone system". It carries the City hired the consultant water from a reliable source to who is paid for by the proponen~ all the properties that need water. of the assessment district. It does not carry it through those properties. It has been stated Mr. Robinson indicated that the that we are not creating a circu- initial study was performed by lating system; the fact is that the staff, who then selected by the time subdivisions are com- the environmental components. pieted in the area, it will ~ a The components had nothing to dc · circulating system. 'It has all been with what went into the docu- taken into account and scientifically ment. designed. It is a mistake of any- . one in that valley to assume they Mr. Garrod again addressed the have adequate fire protection. Council, stating that Via Regina is. not in their district. Thel Another factor mentioned but not people on Via Regina are not understood by the.public is the paying for the water line which fact that increasing pipe sizes for the sake of fire protection 10 - I V. PUBLIC HEARINGS , ~ PUBLIC HEARINGS C. TO CONSIDER DRAFT ENVIRONi. ' (Thad Binckley - cont'd.) ' MENTAL IMPACT REPORT ON THE' EXTENSION OF THE SAN JOSE is not allowable in 6he rate WATER WORKS DELIVERY SYSTEM,', base of a water utility.' Cdnse- ASSESSMENT DISTRICT FORMATION quently, the only way these (WESTERN HILLSIDES) (Cont'd.I) people are going to have their fire protection improved'is in a manner such as this where · isn't costing them anything. M/S: Corr/Cailon to continue this public hearing to 1/16/80.' Carried unanimously. VI. BIDS & CONTRACTS BIDS & CONTRACTS VII. CONSENT CALENDAR CONSENT CALENDAR A. RESOLUTION 934 Councii~oman Callon requested removal of item A from the Consent A RESOLUTION OF THE CITY Calendar. COUNCIL OF THE CITY OF SARATOGA ORDERING ANNEXATION M/S: Corr'/Matteoni t6 approve (UNINHABITED TERRITORY - ALL the Consent Calendar. with the LANDOWNERS CONSENT) (Teerlink exception of item A. Carried unanimously./ B. RESOLUTION 85-9.46 A RESOLUTION AMENDING RESOLUTION 85-9.15 AND ADDING TO BASIC SALARY CLASSES,, EMPLOYmeNT POSITION'CLASSI- FICATIONS AND CO~ENSATION'; SCHEDULE FOR EMPLOYEES OF THE CITY OF SARATOGA C. PAYMENT OF CLAIMS. VIII. SEPARATE OF CONSENT,CALENDAR SEPARATE OF CONSENT CALENDAR A. RESOLUTION 934 CouncilwomanCallon inquired if this isthe small piece of 1And attached to the subdivision, and how many.acres does it include. Mr. Robinson replied that it is the small piece, and it is 14.1 acres. Councilwoman Callon. indicated she would like to be oD record stating she is concerned about annexing territory at the'moment to the City of SaratOga boundaries. Councilwoman Corr co~nmented [hat when we consider the circumstances of this particular development, it seems preferable to have this annexed and under the'control of the City than to take.it out of the subdivision completely and leave it in the County. 11 - VIII. SEPARATE OF CONSENT CALENDAR ~ SEPARATE OF CONSENT CALENDAR A. RESOLUTION 934 (Cont'd.) Mr. Robinson explained that is the policy that the City will ; annex lands that are contiguous if they are in the urban service area. M/S: Corr/Matte6nito adopt Resolution 934. Carried unanimously. IX. ADMINISTRATIVE MATTERS ADMINISTRATIVE ~TTERS A. MAYOR 1. Letter from Jim Jackson The Council' indicated its agree- re: I.C.C. Meeting.-Ad hoc ment to'~dopt the proposed reso- committee meeting with re: lution in principal, and to "Living Within Our Limits" Councilwoman.'Callon volunteered publication. Draft reso- to attend 'a meeting in Cupertino lution has been prepared' on Saratoga's, behalf. for consideration and input,. 2. Letter from Monique 15 w~s suggested this be referred inquiring if the City would, to the Chamber of COmmerce, due be interested in becoming to previous problems the City a sister city with LalUva'~c: has enc0u~te~ed with regard to in France. sister city relationshipS. Mayor Kraus to communicate With indi- '~ vidual making request. B. COUNCIL & COMMISSION PZPORTS' ' 1. CounCilwomaH Cor~ - T~e Council indicated it was not Request by members of the ~n a position to make a judgemen~ Friends of the Saratoga at this time, and requested i~ Library to speak or write be kept open for consideration in support of SB 958, following additional review. calling-for state aid to public libraries. C. DEPARTMENT HEADS & OFFICERS 1. City Attorney a) Clarence Neale Re: The Appellate Court has-reversed Business License Fee the decision, and indicated the City can change.its business license provisions. b) Lyngso This case has been. tried and is under submission to Judge Bruno, and there is no decision as yet. c) Leposavic .This has been won by the City at Trial Court level, and appealed by Mr. Lep6savic, and the City has' 20 days in which to file its reply. d) Anaiysis of Northwest .Councilwoman Callon proposed Hillside Initiative the following changes to the Measure ~nalysis: - 12 IX. ADMINISTRATIVE MATTERS (Cont'd. D ADMINISTRATIVE MATTERS C. DEPARTMENT HEADS & OFFICERS 1. City At-torney-(Cont'd.) d) Analysis of Northwest (CouncilWoman Callon = cont'd.) Hillside Init{ative Measure 'Cont'd. First paragrapb .'%t encourages dedication .of permanent open space. She is unsure of the validy of ~his statement." Last lin~, first paragraph 'Lot sizes vary from 1 to 15 acres each." It gives an impression that that the City has a range to large acreage parcelS. Remove second paragraph. Third paragraph Eliminate .sentence, "If the measure passes, we anticipate'. . . ". Modify last sentence to read: "Providing two-year retroactivity in this particular sector,will be contrary to current laws in which planning changes do not affect development which already has tentative sub- division map approval." Fourth para'graph Eliminate last sentence . . . "By reason of this, our offices anticipate substantial litigation " Following considerable discussion by the Council, the following motion was made: M/S: M/S: Matteoni/Corr to accept the City Attorney's Analysis, with the following modifications: · First paragraph, substitute wording to state: "It provides for dedication of permanent open space as part of the devel6pment process." mo!~ip~ragraph two, ~Z~-. r. vided tha~no pl~ni~g"c~anges '<' c~ul~ be retroactively applied against developments which-had al- ready obtained tentative subdivision map approval." Add to end of third paragraph. - · Third paragraph, delete sentence, "If the measure passes, we anti- cipate that.in order to save pre- viously approved homeSides'; mass applications on boiler-plate' building plans will be filed with 13 - IX ADMINISTRATIVE MATTERS '(.Cont'd:)~ ADMINISTRATIVE MATTERS C.DEPARTMENT HEADS & OFFICERS 1. City A~torney (Cont'd.) d) Analysis of Northwest' (Motion - cont!d.) ' ' Hillside InitiatiVe Measure (Cont'd.) the City for all existing but as yet.unbuilt-upon lots, which could accelerate the building momentum in these hillsides." · Third paragraph, add section: "For over 18 years . . . ". Add: "Further proyiding two-year ~' - .- _retroacti~i~y.in thi~ particular sector will be contrary to the . - .. present non-retroactive regulations .. I. for the rest of lthe City.'.' · 'Fourt~ paragraph, add the' word "approximately" 144 of the presently existing 225 residential homesites " · Fourth pa~agraph,:l~st sentence: Delete word "substantial" litigation. The motion was ~arrie~p 3' to {, Councilwoman Callon in opposition. · X. ADJOURNMENT ADJOURNMENT M/S: Callon/Corr to adjourn the meeting. The motion was carried. The meeting w~s adjourned at 12:10 A.M: 14