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HomeMy WebLinkAbout03-05-1980 City Council Minutes M I'N,U T E S -r_ ! SARATOGA CITY COUNCIL .... - TIME: March 5, ~1980- 7:30P.M. PLACE: Saratoga :City Council Chambersi ,13777 Fruitvale Ave., Saratoga, Calif. TYPE: Regular ~eeting A~ENDA t ACTION · I. ORGANIZATION ORGANIZATION A. ROLLCAEL : Present: Councilmembers Callon, Corr, Matteoni, Kraus Absent: None B. MINUTES [(February ·.20, 1980) Councilwoman Corr: Page 1 caliPH t~'in~lc~[e~Cgdn~iWo~a~ Callon voted in opposition re: · CERTIFICATION OF EIR - SARATOGA WATER IMPROVE~.~ PROJECT. Robert Shook: Pagel8, item IX-C(1) IRe:. Saratoga Avenue Bicycle Safety. Modification to reflect alternative to provide for 3 travelled lanes and a 4-foot bike lane. !~:':~6~il~ilon~'~o approve the minutes of February 20,1980, as modified. Carried unanimously. II. ' CO~R.~NICATIONS "' ".dO~NICATIONS A. ORAL 1. Dee Ful'gham, 20502'Wardell: Letters to be considered on Road! re: 45 letters con- Mar~h 5, 'I980. ce~ning W~rd~ 11 extension' .. plan~ 2. Russell Crow~her, 20788 The City Manager·explained this Norada Court. requesting resolution allows th~ City to clar~ficatio~ re: Resolutior Charge a' pro rata share for off 94I.~ i site improvements. This would ~ · apply. to'either expanding or new developments. Existing residents would not be assessed for re- placing culverts that are inadequate. · B. WRITTEN. t. 1. VirgSnia HendersOn, 13225 Noted and filed; City Manager.to Via Blanc codrt,.re: safety respond. of bicycle r{ders'. 2. Moni6a Butler, Chairperson, '~n~s~a~kn~i~e~~~7-~ Local Governmental Re- ' "lati6ns Committee, Los ·Gatos -~ommis~ion a~t~f~tu~'~~. Saratoga Board of RealtorS, ~"~"~=" ~ ' ' re: Sign Ordinance. AGENDA ACTION II. COMMUNICATIONS (Cont'd.) B. WRITTEN 3. Russell L. Crowther, 20788 Noted and filed. Norada Court, re: City Attorney's analysis of the hillside initiative. 4. Russell L. Crowther, 20788 Noted and filed. Council acknowledged Norada Court, asking to City Manager's response indicating appeal City Cquncil's there is no provision for appealing approval of Saratoga Water this matter. improvement Project EIR. 5. Lloyd and Hariet Sunblad, Noted and.'filed. Letter to be 13573 Ronnie way, re: pro-. included with public hearing on posed Housing Element. this subject. 6. Russell Lo Crowther, 20788 City Manager pointed out areas 20788 Norada Court, re: of.misinterpretation of the notification of City Counci Government Code ,i~;Mr. Crowther's and Planning Commission letter. COuncil concensus to meetings. offerfthe option to receive the Cornmittee of the Whole.agenda; also, requested City Manager p6blish.in th~ Saratoga News a letter indicating the availability of Council agendas in the City Clerk's O~fice on Fridays prior to Council meetings. 7. Ralph W. Ballmer, Chairman' Noted andtfiled'. Transportation Committee, Loma Prieta Chapter, Sierr~ Club, re: proposed condo- minium project on West Valley corridor. 8. John B. Lochner, Mayor of Noted and filed. Los GaCos,' copy of letter to State Department of Transportation re: proposed Condominium project. 9o Elizabeth AnsneS, League Noted and filed. of Women Voters, enclosing a summary of the League's ,-, study of surplus school property in Los Gatos and Saratoga. 10. Heber N. Teerlink, Mount M/S: MatteoniZCorr that the City Eden Road, requesting re- Council reconsider the issue of consideration Of the horse the trail easement on SD-1355, as trail and i~s location as per the recommendation of the Parks set forth in the tentative!. and Recreation.Commission. recommen- map on the Teeriink Ranch. dation. Carried unanimously. located at Pierce and Mto Eden Roads. - 2 - ~5'/F~ . AGENDA ACTION II. C6MMUNICATIONS (Cont'd.) B'. WRITTEN 11. Ursula E. Kanady, 12631 Noted and filed. Paseo Flores, praising the' ~ SHARP program ~nd City employees, particularly Susan Tupper. 12. Ralston Johnson, 13999 Noted and filed. Pierce Road, expressing comments re: Measure A. IIIo SUBDIVISIONS, BUILDING SITES, SUBDIVISIONS, BUILDING SITES, ZONING P~QUESTS ZONING REQUESTS A. CONSIDERATION OF APPEAL.BY The City Manager explained this RICHARD C. LINDBERG~ 13050 item had been continued to this PIERCE ROAD, OF PLANNING evening to allow the members of COMMISSION DECISION TO DENY ~ the Council to view the site. USE PEIMIT TO ALLOW CONSTRUC-' TION OF A DETACHED THREE-CAR Councilwoman Callon commented that GARAGE (UP-434) (Cont'd'. 2/20) ~h'e~"~pi~i6~holds~t~a~ .t~is structure ~'~Op0~d does ~mDact'.th~'neighbor- hood. She therefore moved to deny · .. the appeal. The motion died due to lack of a second. M/S: Matteoni~Corr that the.variance be gr~nted for~ 7'1" rear yard s~tback,'sub~ect'toconditions of ~th~ r&duc~d heigh~ of the structure to a maximum of 12', the land- · scaping requirements, including l~ndpdapi~g on the court side. This ~variance to Be~gr~ted'on the f611o~ing~basiS: ~ The ~djSining structure has the 7'1" setback, and this would ~ ~not be_~iving special privilege over ir~nediate neighbors. Also, there are mitigation conditions interms of the height control to avoid special privilege, interference or impacts nto the adjoining neighbors. The motion was carrie~ 3 to 1, Councilwoman Callon in opposition. IV. PETITIONS, ORDINANCES, RES OIIrflON PETITIONS, ORDINANCES, RESOLUTIONS A. RESOLUTION 941 (Cont,d~ 2/20/8( The City 'Manager pointed out the changeSLon this resolution, as per A RESOLUTION ESTABLISHING FEES the 'Conncil's d~rection at the FOR PRO-RATA EROSION, DRAINAGE previous'meeting. AND FIRE PROTECTION REQUIRED: BY ADDITIONAL DEVELOPMENT IN THE I,~STERN FOOTHILL SECTORS ~t SARATOGA AND OTHER PROPERTIES~ DRAINING INTO' THE CALABAZAS DRAINAGE BASIN 3 IV. PETITIONS, ORDINANCES, RESOLUTION~ (Cont'd.) A. RESOLUTION 941 : Mr. Wimberly =es_p_onded'on each point in the letter presented by A PZSOLUTI6N ESTABLISHING FEES Mr. Crowther on behalf of the FOR PRO-RATA EROSION, DP~INAGE Arroyo de Arguello Homeowners AND FIRE PROTECTION REQUIRED Association.relative to the BY ADDITIONAL DEVELOP~.~NT IN ~ Calabazas Basin and flooding to THE WESTERN FOOTHILL SECTORS ,OI Arguello. SARATOGA AND OTHER PROPERTIES DRAINING INTO THE CALABAZAS M/S: Matteoni/Corr to adopt DRAINAGE BASIN Resolution 941, with the modifi- cation to Section 2 to provide that the fees be reviewed annually. The motion was carried unanimously. B. RESOLUTION 873.1 M/S: ~rr/Ca~ion to adopt Res61utf0~ 873.1. Carried A RESOLUTION OF THE CITY unanimously. COUNCIL OF THE CITY OF SAP~TOG~ REVISING THE EXISTING CITY OF SARATOGA E~.~LOYEES' DEFERP~D' COMPENSATION PLAN V. PUBLIC HEARINGS PUBLIC HEARINGS ~ A. TO CONSIDER APPEAL:By MR. & Mr. Robinson, Planning Director, MRS. BARCO, MR. & MRS. SUYEYASL indicated .there,was some discussion MR. & MRS. THORKELSON, AND ~ at the Land Development Committee MR. AND MRS. BALBONI, OFICAM_INC meeting that the lot split be BARCO, OF LAND DEVELOPMENT r~tated ~ov~{~'th~t the main COMMITTEE DECISION RELATIVE TO structure. yould ~e located b~/the INCONSISTENCY WITH THE GENERAL flatter portion, and the riparian PLAN IN APPROVING LOT SPLIT ON area woul~ remain in its natural ALLENDALE AND CAJ~INO BARCO state. This was Colonel Barco's .(SDR-1425) concern. Additionally, Colonel Barco and'~eighbors had asked that : the use permi~ for the church be ~' reviewed, due t6 the location and activities on the ball field. The Planning Commission conducted a study session on March 4th, and requested the Church to return by April 1st with a list of activities proposed to be used on · . the field. This will be discussed on April 15th. The Mayor opened the public hearing at 8:58 P.M. · Cot'6~el Barco, 19101 Camino Barco, indicated he is going to give a statement, at the end of which he is going to have three recommen- dations. One will be to continue this hearing, in that the Planning -- Commission is currently reviewing the permit for the church. Also, Mr. Muir just received notification of this matter. - 4 - AGENDA ACTION V. PUBLIC HEARINGS (Cont'd.) Colonel Barco pointed out on the overhead exhibit the area of the A. TO CONSIDERAPPEAL-BY MR. & creek and also potential flood MRS. BARCO, MR. & MRS. SUYEYASI area. He also pointed out the MR. & MRS. THORKELSON, AND 'location of large and beautiful' MR. AND MRS. BALBONI, OF C~IN( trees on this property, and the re- BARCO, OF LAND DEVELOPMENT ~ lationship to Parcel B. COMMITTEE DECISION RELATIVE TO INCONSISTENCY WITH THE GENERAL He indicated that in this wooded PLAN IN APPROVING LOT SPLIT ON area'there are at the present time ALLENDALE AND CAMINO BARCO approximately 65 Quail, up to 100 (SDR-1425) Fantailed Pigeons, approximately 50 Morning Doves, and a wide '(Col.~ Barco - Cont'd.) variety of other exotic birds. Additionally, there are approxi- First item: There is no provisior mately 20 rabbits, a great horn in the City Charter'that permits' owl which comes back infrequently, a citizen to appeal to the CityI and there used to be a lot of deer. Council on any action of the It is a haven of wildlife. Col. Commission or the staff,~except Barco stated_that when he~ ' for specific items. This is ~t~"Th~¥k~l~ons .b~it Something that should be 'correcteC ~side of ~he creek _.in.~ef~r~i~0' expeditiously. ~re~e this.naturai area, the~ -%ntentionally backed. the h6uses Second item: 'One of the things '~off from the ~r~e~'~s'°faY-'~s 'the~ for which there is'no appeal ~l~t-them. The reasons for is a decision by the Planning this were: 1) to preserve the Commission on a lot split, excep:t wildlife' and the natural beauty on grounds of incons$~tency with of the spot;.and 2) flooding of the General Plan. %ndividu~l~"~~ the creek. are not supposed to appearon t~'e basis that they disagree with the Colonel Barco commented that their .environmental impact report. concern is that any building is bound to affect the fauna and Third item: The 2+ acre parcel. temporarily affect the flora. He of land in question iS being split indicated that by splitting this for the stated purpose of land as he proposes, the church creating one residential lot, an'd would have two prime residential another lot which will be an lots and it would not be necessary athletic field. All of this lan~ to build any house in'that wooded is and has been for. years zoned' area or on that slope.. The 'church "R-i-40,000". There is nOthing l makes no bones about the fact that in ~e use permit that auth6rizes they are splitting it as they are or denies.an athletic field. because they Want to sell off one ~- ~ .................. ~ ....... building site parcel; however, they ~[Col. !Ba~'0 recommended the. also want to retain the other for ~f.~llP~-~ng/~'~ti~ ~Y' t~e~cS~h~'~: the purpose of an athletic field. He stated that on August 8, 1966, 1) Make a review of the. environ-, the use permit was granted to the mental impact report. church, and there is. nothings-in that use permit' that says:they can. ~2) Postpone any final.decision : have an athletic field. On on the lot Split until the' November 25 1966, the Planning Planning CommisSion decides on ' . Commission denied unanimousiX a th~ use permit, and th~n review request for a~se permit'f~r that decision .also.. .Church Institute. Colonel'Barco ~' indicated he ~as approached at 3)'Review the process of appeal .- that time, and he had'specified .by a citizen and correct a very that if they w6uld be sure to put gross situation. the parking on the north side of the Institute, h~ 'couldn'tj'ob~ect to this; and if 6he~ would not '- 5 - AGENDA ACTION '~- V. PUBLIC HEARINGS (Cont'd. (Col. Ba~q~'/zi qo~.'~{),....' A. TO CONSIDER APPEAL BY MR. &' ~at this lot split iskdoing in ~S.'BARCO, MR. & MRS..SUYEYASI essence fs this: By s~,litting MR. & MRS. THORKELSON, AND this lot in this fashiOn~ they are MR. AND MRS. BALBONI, OF creatingla lo~ for~one ~ouse,, and 'BARCO, OF LAND DEVELOPMENT' a lot foroneldthfetic field.-~' CO~4ITTEE DECISION RELATIVE TO' The athletic field is not con- INCONSISTE~CY WITH THE GE~P4~L sistent with a neighborhood of PLAN IN APPROVING LOT SPLIT ON residential homes. He would .-ALLENDALE AND CAMINO BARCO recommend the City Council post- (SDR-1425) pone its ~ction on this until such tim~ as the Planning (Col. Barco .cont!d..)' CommisSion can finally decide on the use permit. build any patios or have any parties, he would not object to i~ Councilman Matteoni inquired if Also, he stated there was not to there is sufficient area overall be any amphitheater. This was of the 65,000 square feet on all agreed to; however unfortu~- Parcel B .to have 2 lots or 3 lots. ately, Mr. Walker had not nailed ~11 this. down in writing in the Mr. Robinson replied this would permit. He knew this because probably end up with 2 lots. later when they b'uilt~ they because of the dimensions. built a patiO. ~ Walter Mfiir~ Bishop Of the Saratoga On November 19 ahd 20, 1973, Second Ward, Commented that Colonel Barcorstated he was initially it was planned to use approached by the churdh in this as a softball field.for the regards to using [he fieldin yofing people's program. They do ~aCk, referred~to as "unimproved 'not use'it for this purpose because prOper~ty", for the p~'rpose of " the kids were slugging the balls softball games for members of the ifito the ~trees and into the creek. church.'. He indicated tha't he . THe kids liked soccer better than signed thei~ letter and als0 .I ~ softball, so they put up the movable .put a postscript on {t, com[ goals for girls and.boys soccer. their'u~derstan~ing that'-the programs. Most of the activities field~was to be for softball and (~e'~confined to inside. Mr. Muir only used by members o'f the ~l~ined that the instructions .'and only during daylight hours,~ 'from'Salt Lake are to get the and if they built a backstop; i~ extra land out of the Church's wou~dbe. on the church parking name and put it onto the tax 'lot side, and not on Colonel roles and get it utilized. They Barco's side. They never. went would like to' keep this playing for the.softball because they area and sell the parcel. went into soccer. Since ~hat time, the following has taken Councilman Matteoni cormmented that place on the field: 1-) ~ luau; he does not feel. the issue is the 2) a big picnic complete with al playing field, as he knows the sound truck; and 3) a square Commission will review this and 'dance. This has been going on some accommodation will be met. for 4 years. Colonel Barco to minimize impacts to .the-peighbors. indicated he-had not intended at - _ any time that this was'going to Mr. Shook, Director of Public be a permanent installation as Works, explained that the he knew it was still zoned property:line as=seen now'Will "R-I-40,000". not be fenced. It will generali~ be fenced'in ~a straight line where it intersects the slope.' AGENDA ACTION V. PUBLIC HEARINGS (Con~"d.] "l; .., : '. A. TO CONSIDER APPEAL BY MR, & Councilwoman Callon asked if this · MRS. BARCO, MR.& MRS. SUYEYASL property were to he split the., MR. & _MRS. THORKELSON, AND other dir.e'ct~on as mentioned by MR. AND MRS. BALBONI, OF CAMINC Colonel Barco, would two rec-' BARCO, OF LAND DEVELOPMENT tangular lots such as this be CO~IMITTEE DECISION RELATIVE %O feasible. INCONSISTENCY WITH THE GENERAL PLAN IN APPROVING LOT SPLIT ON Mr. Robinson ~eplied there:woOld ALLENDALE AND CAI{INO BARCO be no problem .in getti~g two.- . (.SDR-1425) lots on this property ~- one would be a flag lot due to access. He further pointed out that the Planning staff ha'd looked at ' such things as drainage and driveway access in recommending the particular orientation of the structure on this property. M/S: Callon/Matteoni to. close the publiche~ring. Carried unanimously. The public hearing was closed at 9:47 P.M. Councilman Matteoni indicated he would be interested in looking at this property before taking action. This was agreeable to the other councilmembers. The matte~ was therefore continued to March '19, 1980. VI. 'BIDS ~ND CONTRACTS " BIDS' ~NDCONTRAC~S A~ AGREEMENT FOR [~J~KONE GARDENS. Refo memorandum dated 2/26/80, .RESTRORATION recommending approval of acon- tract with Lenox Design and Construction Company for restor- ation of the Lower House at Hakone Gardens for an amount not to exceed $105,000. This contract ~ has been negotiated on a time and materials basis-. M/'S: Corr/Matteoni to approve the contract with Lenox Design and Construction Company as recommended. Carried unan~mous.ly. VII. CONSENT C LENDAR A, pAYMENT OF CIA. IMS M/S: Callon/Corr to approve the Cons:ent Calendar. Carried unanimous,ty. AGENDA ACTION VII ADMINISTKATIVE MATTERS ~,~ ' ~' ..... ~ ~TT ~. I.. · '~ ADMINISTI~ATIVE ~ ERS ~' ~, A. MAYOR B. COUNCIL &COMMISSION REPORTS ~ !1 ~ ,~, l 1. 'Referral and Recommendation The CoUncil' ~ppr6ved' ~e=[tin'g this from Planhing Commission Re: matter for public hear~ing' on, Amendment to Circulatfon : March 19, .1980.- Element of General Plan - ~ Western Hillside Road -, ~-,- '. A1 ternative ' - ' 2. Councilwoman Callon - I.C~~C', It was requested representatives Subcommittee/on Jobs and ~ come back on March 27 with Housing; · recommendations. 3. 'Councilwoman Corr- Meeting CoUncil concurred in Counciiwoman with. QUito homeowners j Corr' s communicating with the General feeling that there develdper to request meeting with should have been more representatives of the homebwners public relations re:new group tO discuss 'concerns. development. , · C. DEPARTMENT HEADS & OFFICERS ," 1. Director of Community Ser~ Ref. staff report, date~' 2/20/80, vices Report Re: Community which recommends there be no Center Rental Rates further increase in Community Center rental rates for non- residents and that rates remain as adopted January 16, and effective Juiy 1, 1980j No action taken. D. CITY MANAGER 1. Report Re: Claims Against! M/S: Callon/Corr to deny these ,the City by Cheryl Tersigni claims and refer to. the City's and Mr. & Mrs. Louis insurance carrier for consideration. Tersigni Carried unanimously. .~ E. ACKNOWLEDGE~ENT OF PUBLIC GROUP REPRESENTATIVES The Mayor acknowledged the presence of the following public group representatives this evening: Virginia Laden, Chairman, Planning Commission; Louise Schaefer, Planning Commission; Ed Gomersall, Parks and Recreation Commission; Gladys Armstrong, A.A.U.W.; Sally Price, ' League of Women Voters; Eunice Stark, Good Government Group. IX. ADJOURI~ENT ADJOUR~F~4ENT M/S: Corr/Kra~s I to adjourn .the meeting. Carried unanimously. The meeting was adjourned at P.M. . · Clerk