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HomeMy WebLinkAbout06-18-1980 City Council Minutes '~=.~_l', L ! SARATOGA: CITY COUNCIL TIME: Wednesday, June 18, 1980 - 7:30.P.M. .PLACE: Saratoga City Council Chambers,.i 13777 Fruitvale Ave., Saratoga, Calif. TYPE: Regular Meeting I. ORGANIZATION 0RGANIZATION,~ A. ROLL CALL Present: CoUncilmen" Clevenger, Jensen,. Mallory, Watson, Callon B. MINUTES (May 2, May 21, 198( Councilwoman Jensen requested modi- ~ f~ing the action relative to main- tenance of landscaping on Blackwell Homes property, page 14'of 5/21/80 minutes, to reflect that she did not favor approval of this action. Page 30, Re: Site 'A~quisition and Improvements for-Affordable Housing Corner of CoX Ave. andSaratoga- Sunnyvale Road. Councilwoman Jensen re_qpes ted a.dd_ing ~h~at ~'-filling -~ .which ~Ad~'tak~ place..oh~.this~ 'site~ .~n~ade it unsuf~b%e for~ co~sid~'~'at=i~n. M/S: Jensen/Mallory the minutes of May 2 and May 21, 1980, be approved as amended.' Carried unanimously. II. COMMUNICATIONS COM}fONICATIONS ORAL 1. Mr. Crowther, 20788 Mayor Callon advised this item Norada Court, Re: his lette~ would be covered later in the Agenda dated 5/28/80. Mr. Crowther under PLANNING DIRECTOR'S REPORT. stated it is his understa~din the Youngblood case referred to a section of the Govern- ment Code which says that the City Council cannot deny a final map approval that is consistent with ~-'the tentati. v map, on the basis of Sect'~on 664~4. The Council' under Measure "A" would not be denying final map approval on conditions of inconsiS!- tency of the General Plan environmental criteria; rather it would be Henying~ the final map on the basis of Measure "A" criteria. Theref~ore, it would appear the Youngblood case does not apply at all. AGENDA ACTION B. WRITTEN 1. Thomas and Linda' Parker, Noted a~d 14136 Okanogan Drive, expressin .dissatisfaction with using Redwood Junior H{gh School si6e for a post office. 2. Russell L. Crowther, 20788 Continued for discussion later in~-. develop clear ~" for hardship requests'which wilZ not jeopardize the !~gality of. Measure "A". 3. James S. Morley,'Presiden~, Noted and filed; no action taken. Tri County Apartment'~ssociation Inc.~ Suite 210,480 N. First. Street, San Jose, requesting the City of Saratoga work with · them to encourage re~entry of investment capital in Californi : for construction of. new rental housing. 4. Mrs. Clotiide Perocsso, lj9~ Referred to'staff for a report back Sacramento Street, San F~anc'i~cl to Council. demanding the r~ght to continue subdivision work on her propert] '- on Pierce Road. 5. San Jose Water Works, 374~ Noted and filed; no action taken. West Santa Clara Street~ San Jose, seeking reConsideration of ~ Regina, Inc.'s unanimous decision not to grant--an additional easement to San Jose Water WOrks. --OPPOSING ANNEXATION OF SUNLA~ PARK-- l'. The Good Government Group~ Noted; considered with p~blic hearing. P. O. Box 371, Saratoga. ~FAVORING ANNEXATION OF SUNLANi Noted; considered With public h'earing. "'PARK-- 1. Quito Market, 18782 Cox Ave 2. Saratoga Parent Nursery School, 20490 Williams Ave. 3. Roy W. Cook Realtors, 14440 Big Basin Way. 4. Saratoga Federated Church, 20390 Park Place. 5. Plant World, 18840 Cox Ave. 6. Prince of Pe'a~e' Lutheran Church, 12770 Saratoga Ave. 2 AGENDA. ACTION B. WRITTEN (Cont'd.) --FAVORING ANNEXATION, SUNLAND PARK-- 7. Post cards from 111 resident --OPPOSING ASSESSMENT UNDER Noted; considered with public RESOLUTION 950-C, LANDSCAPING hearing. AND LIGHTING ACT 1. Randall L. Courts, 18802 Dundee Ave. 2. Herman' S. Aapiro, 20270 ' Saratoga-Los Gatos Road 3. Mr. and Mrs. Archie D. McCehee, 13173 Heath Street. 4. Michael E. Archer, 20790 Fourth Street, Apt. 8. 5. Pat BUcaria', 14419 Big Basin Way. 6. Gatehouse Condominium Home- owners Association, 20810 Fourth Street, Unit 1 7~ Rita Ann Choate Ciletti, 12468 Saratoga Ave. ~ 8~ Earl H. Jones, 12480 Sarat0g Ave. 9. Frank T. Rose, P.O. Box 633 t0. A.H. Dutton, 20200 LaPatoma Ave. 11, :~le~g~rCarron, 20471 Walnu~ Ave. MISCELLANEOUS 1. Perry and Marcia West, 21781 Hardship hearing set for July 2nd~ Via Regina, requesting permissio~ to construct a new home on property as provided under the. "extreme hardship" clause in Section 8 of the new resolution for the Northwest hillsides. 2. Noorudin and Christa BillawaI~ Noted; considered with public hearing. 6348 Highway 17, Scotts Valley, expressing desire for the Council. to grant a use permit on UP-455 (Dr. Call). 3 ' AGENDA ACTION III. SUBDIVISIONS, BUILDING SITE~, SUBDIVISIONS, BUILDING SITES, ZONING REQUESTS ZONING REQUESTS IV. PETITIONS, ORDINANCES~ RESOLUTION PETITIONS~ ORDINANCES, RESOLUTIONS A'. RESOLUTION NO. 958, A RE SOLU~I~ M/S: Clevenger/Jensen to adopt OF THE CITY COUNCIL OF THE CIT~ Resolutions 958, 959 and 960. OF SARATOGA COMMENDING Carried unanimously. HENRY J. KRAUS, JR. B. RESOLUTION N0.959,.A RESOLUTI~ OF THE'CITY COUNCIL OF THE CI~ OF SARATOGA COMMENDING MARGARET L. CORR C. RESOLUTION N0. 960, A RESOLUTIOr OF THE CITY COUNCIL OF THE CIT~ OF SARATOGA COM}~NDING NORMAN E. MATTEONI D. RESOLUTION NO. 956,2, A The City Manager explained this RESOLUTION OF THE CITY COUNCIL resolution has been prepared at OF THE CITY OF SARATOGA the request of the Council to ESTABLISHING CRITERIA'FOR deal specifically with Section 8 EVALUATING APPLICATIONS~ FOR ! of Measure "A". CONTINUATION OF WORK ON BUILD- ING PERMITS UNDER SECTION 8 OF Councilman. Mallory expressed his MEASURE A. reluctance to act on this resolution until a new City Attorney h'as been appointed who can provide input. Mr. Johnston, City Attorney, advised, this resolution only re-states Measure "A" and is not criteria. THerefore, his opinion would be that it isnot necessary to adopt this resolution. It was the concensus of the Council, therefore, to not act on this resolution. V~ PUBLIC HEARINGS PUBLIC HEARINGS' A.'CONSIDERATION OF FINAL MAP The City Manager indicated that the APPROVAL, TRACT 6766, WOODGATE staff report, dated 6/12/80, a~s'~esT" HOMES, INC., PROSPECT ROAD - questions of the Council in .its 5 LOTS (Cont'd. 6f4/80) previous discussion of this matter relative to 'the.procedure for issuance of tree removal permits, grading and demolition permits prior .. to final map approval; sol!~r~_~._' orientation when reviewing .subdivision maps, and with regard to under-'. grounding on Prospect Road. COuncilman Watson indicated he and Councilwoman Jensen visited this site and held meetings with the 4 AGENDA ACTION V. PUBLIC HEARINGS (Cont'd.) A. CONSIDERATION OF FINAL MAP (.Councilman. Watson - cont'd.)' APPROVAL, TRACT 6766, WOODGATE HOMES, INC., PROSPECT ROAD - representative homeo~mers adjacent 5 LOTS (Cont'd. 6/4/80) to the subdivision. It is his understanding that-:the adjacent property owners and the builder have amiably agreed on there-planting of trees Within the development; and that a two-story house has been re- designed to a single-story house. Therefore, he is going to suggest that the City move ahead on this project subject t6 final Design Review on the house modification and addition of street contingencies to the plan. Mr'. Shook, Director of Public Works, presented his report elaborating relative tothe establishment of street standards for this area. He further commented relative to the establishment of underground utility districts and criteria for exceptions. Councilwoman Jensen inquired if the City has the authority to condition a final map to underground 60,000 volt lines, and if not, where does this authority lie. The City Attorney replied the City does not have this authority. The conditions of map approval are imposed at the tentative map stage, and there is a time for appeal by either the residents of the city or the subdivider. There having been no appeal on this particular matter, the Council is precluded from modifying the conditions, unless the subdivider consents to this. Mayor Callon inquired about the possibility ofasking for a Deferred Improvement Agreement from the developer for the road improve- merits. Mr. Shook, Director of Public Works, explained.that 2vr~rees ~ithin ~he Prospect Road improvements'have been diminished in quality. The Oak tree is in fairly good condition, but it is located i~ Such a spot to!create a problem.for i~prove- ments to the cul-de-Sa~:and the intersection 0f Jamestown Drive. AGENDA ACTION V. PUBLIC HEARINGS (C6nt'd.) The Mayor declared the public · hearing opened at 8:20 P.M. A. CONSIDERATION OF FINAL MAP APPROVAL, TRACT 6766, WOODGA~E Bruce Lennox, representing Woodgate HOMES, INC., PROSPECT ROAD -I Homes, 2470 'S. Winchester Blvd., 5 LOTS (Cont'd. 6/4/80) ~ addressed the Council. He indicated · plans have been re-submitted for (Mr. Shook -cont·'.d.) the onesstory building and he.would ' ask that the submittal and the new -, It wou~d create a difficult maneuve~ review for ·thOse plans not hold up to make the left turn from the new the recording of this map, with cul-de-sac to go westerly.on Prospect the understanding that no building Road. The potential was looked-~at permits.would be issued until that of dividing the traffic around the review is done. It is also re- Oak tree and sacrificing the Pine ' quested the City r~cord the map as trees, and this creates a severe it is, and they would be~willing to maneuver along Prospect and then gel- sign an agreement stating that if ting back into the travelled lanes. ~ some v~riations to .that map are , It·would be the opinion of the staff needed during the course of con- that if we are to build 4 lanes of structign, these will be done for tra'ffic, the retention o{ those trees these street improvementsZ ~ould be impractical 'because of theis location. Z'· Bob Feldman, 12050 Via Roncole, stated he is very pleased that Councilwoman Jensen indicated she they have been heard. No trees does not see the need to widen this ·have been removed since the agree- road to 4 lanes. If there is a wider ment from the last meeting. He lan~ given and the power lines are would ask that the Council approve moved, this would be safe enough. the final map on a priority basis Further, she would like to see a so Woodgate Homes can begin con- bicycle lane on the other side of struction of the development. the trees and to work with the City However, they would like the con- of Cupertino in this regard. cept of limited roadway improvements at present, leaving the trees and Councilman Watson suggested that the creating a bicycle lane. City Council approve this permit, 1) Traffic has been in and out of conditional upon Design Review the property described for approxi- Approval and inclusion of any future~ mately 50 years, and there hasn't fair-share costs to the builder when~ been a problem in the traffic pattern a decision is made on this street. as a result of that traffics... 2) The roadway could not be extended The City MaBager explained that if i~ to Saratoga-Sunnyvale Road at this is the Council's intention to allow time anyway because there are other ~the developer torecord so he can property in the way which limit the start the development, the motion roadway to stopping right past the would have to be framed in such a. way propertyline,·and significant that you are g~anting Final Map changes to the traffic patterns Appro~al~ subject to the conditions might occur when the road is fully of Design Review on that one lot. widened and the impact should be Secondly, in terms of frontage, that studied. The problems described he enter into a Deferred Improvement.~· by Mr. Shook might be exaggerated Agreement with the City.. and even worsened by the fact that the roadway is widened~ Even with Mr. Shook recommended that if the a 4-lane roadway, people would have Deferred Improvement Agreement is a the same kinds of problems getting ~ehicl~ to allow time for more design out of~the property making lef~ or more interest to be taken in this and right turns, and they 'do not configuration, this be determined ~ see that there necessarily any while the subdivider is still develop- benefit to doing it. ing t~is property. 6 AGENDA ACTION V.' PUBLIC'HEARINGS (Cont'd.) A. CONSIDERATION OF FINAL MAP APPROVAL, TRACT 6766, WOODGATE HOMES, INC., PROSPECT ROAD -. 5 LOTS (Cont'd. 6/4/80) (Mr. Feldman - cont'd.) They believe this requires time to study, and would therefore ask for a deferral before a final decision made on the roadway improvements. While they would prefer to not see the roadway widened at atl,-they suggested a deferred improvement plan and an option whereby the builder puts in a~ trust fund the money that he has already allocated for the roadway improvement, until such time as the final improvements are agreed to, and that money be used to pay for the improvement at that time, thereby costing the City of Saratoga less money in the future. M/S: WatSon/Mallory to 'close the public hearing. Carried unanimouslyL The public hearing was closedat 8:25P.M. It was moved by Councilwoman Jensen to approve the finab~map, conditional upon the developer entering into a Deferred. Improvem~entrAgr~ment with the City whereby n~'~ifdi~g p~r~it would be issued by the~iY~ f6~ other than a single-Story house appr6ved under'Design Review, in~l'uding the condition that power be undergrOunded. There being no second to the motion, the motion died. M/S: Watso~/Clevenger to approve the final map, conditional upon final ~esign review approval and conditional .upon the developer entering into a Deferred Improvemen~ Agreement with the City whereby no building permit would be issued by the City for other than a single-story house approved under Design Revi'ew, and whereby the developer would agree to right-of-way ~mprovement standards as set forth-by the City. The motion was Carried umanimously. Y AGENDA ACTION V. PUBLIC HEARINGS (Cont'd.) B. CONSIDERATION OF REQUEST FOR The City Manager brought tO the TWO AREAS KNOWN AS SUNLAND Council's attention 6 items of. PARK AND THE PASEO OLIVOSAP~EAS correspondence in'isUpport of the FOR ANNEXATION TO THE CITY OF annexation. In addition, there were SARATOGA . received an additional 61 postcards indicating support (received after 1. Sunl~nd Park the deadline for this meeting). '~ He referenced the Associate '~" .... ' .... ~'~ 1 n r's report, dated 5/1/80, ~ P a ne outlining criterian as designated by LAFCO which would justify this annexation~ The Mayor opened the public'hearing at 8:45 P.M~. Gary Coates, addressed the City Council on behalf of the Sunland Park annexation. He indicated there a couple that have taken pighe over the last couple of weeks. The' Association has retained the services of Mr. Coates to assist them not only in this presentation, but also to handle the items as mentioned in the staff report. Mr.' Coates stated it is the feeling of the Association all 5of the points outlined to justify the boundary change to LAFCO dan .be answered: t) There is creation of no-ha~d- to service districts or areas within the city. The area will not require any new districts. The districts that now provide the services are the same districts which provide services to the City of Saratoga. 2) Logical Boundaries for the annexation. This refers to attempting to establish an annexation area baSed upon man- made. or physical features which give some kind of definit6 segregation to this area. The site is.surrounded by 3 roads, ~nich are the man-made features referred to in the guidelines. 3) To not.perpetuate special single purpose districts. It is important to note that when we refer to a single-purpose service district, the intent is to state that we do not have a duplication of services. 8 AGENDA ACTION V. PUBLIC HEARINGS (Cont'd.) B. CONSIDERATION OF REQUEST 'FOR these points. He can go into an TWO AREAS KNOWN AS SUNLAND extensive amount of detail on how PARK AND THE PASEO OLIVOS AREAi the figures heqhas come up with FOR ANNEXATION TO THE CiTY OF relate. SARATOGA The homeowners themselves, in 1. Sunland Park realizing the physical responsibility to the City -- not desiring .to have , ~- the liability placed upon tile City -- .... ~----- ~" - ~ has formed a group which has (Gary Coates'- cont'd.) collected· These funds approach $20,000. The homeowners are -In this case, the districts are serious and they do not want the the same -- they are consistent. citizens of Saratoga to stamp So there will be no creation of "positive" their annexation. There any single-purpose special dist- is one condition, however, they ricts. Also, the City of Saratoga would like to bring up to the Council. is a contract, service-type city. Perdue and McCoy and local serving So this actual section'wouldnof streets within their subdivision. apply to provision of services. Their question deals with Quito ~ Road, and it is not a question of 4) This section addresses the whether it .will be impr. oved or who physical conditions The staff will pay ' to i improye. ' T~eir question · is whether indeed it should be has done an excellent job in pre- paring the fiscal analysis for the improved now. The residents are ' concerned that if we do improve project. They have also done one Quito Road today, this could and found that the numbers are extremely close all the way facilitate more traffic, higher through. There is/~:just one item' speed, and this is of concern to that they did find discrepancy in. residents in Sunland Park. The This deals with police service. Association has Overwhelmingly re-stated their affirmation and They found that the figure the ! their involvement in' the necessary City was using of approximately $15,000 was considerably higher . steps to gain improvement of Quito than what the Sheriff's Departmen,~ Road if necessary, via an assess- had related what their costs woull ment district .or'!De'ferred Improvement be, based on activity' within that Agreement. area over the rec~ent history. There is a real concern with the They felt the servicing costs would be approximately half of residents in this area that there this or. lower. ~2en you add this has been a lot of. time and involve- into the cost and the revenue ment in the' community and association with the community. They feel section, you come up with a benefit of not $4,893 to the City very strongly as a part of the City of Saratoga, but $12,393. In of Saratoga. There is also a con- either .case, this annexation will cern that Quito Road is a very not only pay for itself, but give intregal part of Saratoga in many actual revenues to the Ci6y of ways. What occurs on Quito Saratoga. ' directly affects the City of " Saratoga, even if it is another 5) Community identity. Within 24' jurisdiction. This type of annexation years of the formation and would assist the City in having more of say as. to what will occur building of this tract, between. 'in that area directly adjacent to 33% and 35% of the original owner~ are still there. this parcel. There are some .. : undeveloped lands which still Mr. Coates stated he believes it is potentially could develop, and this easy for ~tiim to relate to this Council is a means by which the Council will have more of an authoritative and to' appear before LAFCO and justif position, 9 AGENDA ACTION V. PUBLIC HEARINGS (Cont'd.) B. CONSIDERATION OF REQUEST FOR (Mr. Nellis - cont'd. TWO AREAS KNOWN AS SUNLAND PARK AND THE PASEO OLIVOSAREA~ Therefore, he believes LAFCO FOR ANNEXATION TO THE CITY OF understands their concerns, and SARATOGA this was the reason they allowed the 60 days for the City of 1. Sun~nd Park Saratoga to take a positive action, if they so desired. -~-- ........... Mr. Nellis indicated he has spoken (Gary Coates Cont'd.) to Mr. Cole Bridges who has asked that he make a statement on his To summarize he pointed out that the' behalf. He sais .that he wished he ' · could belhere, and to say that he have attempted to stress that they. can meet the LAFCO guidelines.' Also, feels Sunland Park should be a part they are willing to stand the finan- .of Saratoga and fully supports them cial responsibility and not hold the to this end. City Council, nor the residents--of. Saratoga, responsible with respect Dave Moyles, President, E1 Quit.o to anything they desire.. Park Homeowners Association, read into the record a letter from their Greg Nellis', 18366 Clemson Ave., board, as follows: commented that he ~oUld like to "E1Quito Park HomeownersAssociation address the issue of community Board of Directorshas takenunder con- identify they have had with Saratoga. for the last 24 years. Their homes sideration a petition for annexation to were buil~ over a 2-year period -- Saratoga by residents of the umj_ncorporated tract known as Sunland Park. We endorse from 1956 through 1958. At the time this petition and.urge' the Council to do these homes were built, there was no likewise. .I~ found the following factors development near by. Over the years., pursuasiv~: 1) The Historical Association the area has built up and now they and co~,,~onity ties the neighborhood has find that San Jose is very near. At' the time they were built, with- with social~ c~rcia!', religious and Saratoga being the closest ~ity, = civic establishments in Saratoga. they received postal service from the 2) ~e fact that Sunland Park receives City of Saratoga; they shared the police, fire, sanitation, library and same services as the City, of Saratoga parks and recreation sexyices from the - ' same agencies as does Saratoga. Denial and the residents.have been very pleased with the servi'ces. They of their peti. tion wouldcause un- know for a fact 'if their area were desirable disruption of these services. annexed into San Jose, there is no 3) The remarkable unanimity of support for the petition within Sunland'Park. question they would see a decline in 4) The conmitment of Sunland residents the services they value most -- namel to absorb the cost incident to,the police and fire. armexation process itself, as well as Since their inception 24 years ago, iraprov~nents on Purdue and McCoy. it was natural that the people who Inasmuch as tb~e Board opposes ~e expan- lived 'there participated in the sion of this portion!of Quito R~ad from ' 2 to 4 lsnes, we do not feel the activities of the City 6f Saratoga. . $275,000:estimated cost for this impro~e- h Over the years, t e people have still n~nt should be considered inconr~ction retained this identity.. When they with theSunland'~petition, just as the came into the area they were wel- ' proposed WeSt Valley Freeway would only comed by the Saratoga Welcome Wagon. stimulate, rather than relieve, With regard to the LAFCO hearing, congestion, and expanding Quito Road - would only make it a conduit for greater Mr. Nellis pointed out there were traffic." only 2 islands which received any kind of deferrment. He understands All these residents are asking the this.is very Unusual for LAFCO to City Council to do is to ratify the status quo~'.that presently exists. 10 AGENDA ACTION V. PUBLIC HEARINGS (Cont'd.) (Dianne Almojuela - cont~d.) B. CONSIDERATION OF REQUEST FOR supported the fund raising efforts TWO AREAS KNOWN AS SUNLAND each spring by their attendance PARK AND THE PASEO OLIVOSAREA~ and purchase of tickets and art FOR ANNEXATION TO THjE CIT~OF work at the ann~al wine tasting and SARATOGA - art show. This support does not ~ go unappreciated. On behalf of 1. Sunland Park their president and other members. ---~ ......... ~._ of their board, ~he would urge the ! ~ Council approve'this annexation. (Dave Moyle~ - cont'd.) Oscar Thurnher, 19931 Bella Vista Avenue, indicated that approximately He commented that he knows there are a decade ago, he stood before the some who will oppose this petition City Councilwith a similar re- because it does not meet the 5 LAFCO quest for an area cal!ed"'Westbrook". criteria. He would urge the Council He indicated he first had some to remember that ehese rules are merely questions regarding this annexation, means to an end -- the end being avoid- but as he looked into all aspects, ing the checkerboard and leapfrog he concluded that this annexation pattern of annexation that was the would not create a problem from a · policy throughout the County in the last financial point of view or a ser- decade. He would imagine this will be vice point of view. He would the last petition for annexation to urge that the City extend a strong come before this City~.lCouncil. To hand of welcome and bring them institute a conservative interpretation into the 'City of Saratoga. of these rules he feels would work a harsh result on this neighborhood and George Anderson, 18395 Clemson turn them over to a politi&al entity . Avenue, commented that in choosing that is foreign to them'. He urged that his home, he had the ability ~o the Council keep.in mind the human needs check Qut the County and the and concerns that 'lie behind these rules criminal activity and th'~ place He urg&d that the Council give favor-' to raise his children, and this able consideratiqn to the petition. is the community he chose. He ~ associat&s this with Saratoga. Ernie Konnue, 19437 Dehavilland Court,' commented that he took the trouble to Richard Mobilio, 20979 Saraview go over to the Sunland Park area and Court, indicated he and his looked at the condition of the neighbor- family have been Saratoga residents h'ood. He was very impressed and thought for 12 years. ~hrough expressions it was ~s least as nice as a number of of concern voiced by some of the areas in Saratoga. He found that the residents who were friends of his, trees were mature and looked good, and he had an opportunity to look at the streets were in very good condition. the issue and concluded that .the Finally, he found the people to be.very annexation of Sunland Park would be pleasant, and he would liketo welcome very much ~n the best interest of them. to Saratoga. the SaratOga community.' He feels a Vote for' the anne~ati0n is a vote Dianne Almojuela~ 13871 Raven Court~~ for preservation of Saratoga's · hillside aesthetics~ He feels ~ddreSSed the Council~ ~S'a resident ~ of Sa~at.oga ~nd as Vi,ce p~es-ident of' there is little non=cOntroversial the Saratoga Parent NurSeryl School, she land left to develop in order to u~ged approval of anneXat±6n of th~ e~tend a tax B'~se to support ever- Sunland Park t~act to Saratogas' She.. ~ncreasing costs of municipal services, and this opportunity to ~tated she personally ha~ known !!!2:.c! bring ab6ard a subdivision of~200 famili.es in the ~rea who h~Ve been · memberS'of the, Schoql, ~ndfamil±es in ~ouseh01ds Seemsso Compatible with this tract have' contributed their time the rest of the community, and is and energy in previous years~ Many of an opportunity to forestall what the residents of Sunland Park have might otherwise Become a good deal 11 AGENDA ACTION V. PUBLIC HEARINGS (.Cont~d) Mr. Thompson discussed the.issue of lot sizes, indicating that their B. CONSIDERATION OF P~QUEST FOR lot sizes run from 8,500 to 13,000. TWO AREAS KNOWN AS SUNLAND' Approximately one year before the PAP% AND THE PASE0 0LIVOS AREAS City of Saratoga'~s incorporation, FOR ANNEXATION TO THE CITY~0F these homes were started. This is SARATOGA why there exists in this area lot "' sizes under 10,000 square feet. 1. Sunl~d Park This area was in the same situation f~__~__~ as Saratoga at the time of incorpor- · ' ' 'k ation in that it was trying to get away from San Jose. He~requested (.Richard Mobiiio - cont'd. that this area be allowed to con- tinue to be a part of Saratoga. of pressure development of the hills. If one were to assume that 50 or 75 Councilman Mallory requested Mr, households in the hills' contributed as' .Nellis return to answerssome much revenue.to the city as 200 house-.' questions. holds in Sunland Park,,a vote for this annexation is a vote to preserve75 acre: He asked Mr. Nellis if there is any of, Saratoga land that migh.f otherwfse go need for any lighting or landscaping the way of so much of the land in'this ~rovisions~ area. Mr.'Nellis replied that each home- Russell Crowther, 20788 NoradaCourt, owner takes care of his own residence. indicated he purchased a new home in. ! .~,:-~ : the~+~Sunland Park area in 1957 and l±ved Councilman Mallory commmte~ he there for over 10 years before moving t.o had noticed a few old trailers, his present address. He would like to- old cars and campers in the area. second those comments that many of the' He asked Mr. Nellis how convinced people in the area have always felt lik:e he is that the code enforcement will they were a part of Saratoga. The area, be easy. is listed in the Saratoga NeighborhOod. telephone book; the Registrar of Voters. Mr. Nellis replied that he is lists them aS being a Saratoga precinct, totally convinced, and the reason etc. One thing h~ was n~t able robring is that ~ecause ~8% of these people with. him wh.e~he moved to th~ A~guello . signed a'pe~!tion. The fact that area was such a strong and well 6rganize~ these people are~willing to commit organization. I would urge'the Council substantial monies to improve roads keep these residents in the community of tells him in no Uncertain terms Saratoga~ they canhandle'any violations there might be in this regard. Jim Thompson, 18253 Vanderbilt Dr!ve~ indicated he'would liketo review what' Mayor Callon inquired how well in- has been said~ The message the~ are formed Mr. Nellis'believes this trying to get across isjthat they are group is on the'ordinances of in the proceSS of beingi annexed to the. Saratoga as. they.might ~elate to City of San Jos. e; they have never home ownership~ -identified with San Jose~ Most of the residents don't want to he identified wit Mr. Nellis commented they are not San Jose. They bought their homes :. experts in every area of the City thinking it was Saratoga, and there are Code. However~he does not believe homeownerS with deedS'that Say "City of there is anyone in this room tonight S~ratoga". They are 'not looking-for a On this issue w~o has not read the~ "free Side", and they feel to officially. staff~s report and the code violations: be a part of Saratoga, this has to be He believes the people are well dOne.and they are w~.ll~ng t9 meet the informed~ They would be happy to conditions. meet wilth'the city staff and hold a general homeowners association meeting Mr, ThOmpSon proceeded to sh6w slidesTof to tell the people where they need to this area and tbe homes~' conform to the'City Code. 12 AGENDA ' ACTION V. PUBLIC HEARINGS (Cont'd.) (Councilwoman Jensen - cont'd.) B. CONSIDERATION OF REQUEST FOR "~ there are several places where old TWO AREAS KNOWNAS SUNLAND PAP~ Walnut trees are still sitting oR AND THE PASEO OLIVOS AREAS FOR ~{e side road; through the freeway ANNEXATION TO THE CITY OF~ right-of-way, we have had a terrible SARATOGA time with code enforcement. There .is 'a strip of land that serves as a 1. Sunland Park drainage. basin; there is a bicycle , ~ path, but no one can use it because ~. ' ........... ~' it is covered with broken glass. ~ .............. Furthermore, there have been numerous M/S: Jensen/Watson to close the public accidents due to absence of.left- hearing. Carried unanimously. The .~ ha~d turning lanes, and San Jose public hearing was closed at 9:30 P.M. Public Works Department has not approached the City of Saratoga Councilwoman Clevenger asked Mrs. Rudin regarding any improvements. There- of the Planning Staff if the Sunl~nd Par fore, this annexation would give area is in the San?Jose sphere of in- Saratoga control over Quito Road fluence at the present time, and if so, and its widening.and landscaping, how long has it been in the San jose etc. sphere of influence. Mr. Shook, Director of PUblic Works, Mrs. Rudin replied that it is in the pointed out that Saratoga would San Jose sphere of influence and has not control the portion of the been since the time urban service areas roadway to which Mrs. Jensen indi- were delineated for all the cities in the cates concern. COunty, around 1971. To her knowledge it has always been within San Jose's CoUncilwoman Clevenger commented sphere of influence. she does not see how, in any~way, Criteria No. 2 in the report can Mayor Callon in'quired{ffT~t~{~s the be justified. However~ she does not staff's recommendation to widen Quito believe annexation should be Road. justified simply because the City wants to control Quito Road or The City Manager explained that the impose Saratoga standards. staff's position on this issue is that ~ the~f~ta~.im~ov~e~:~=~e~n~t'~d~7. c~ The City Manager agreed this'is a i~Q~to Ro~'at"t~l~e"~~m~' problem; however, he believes the R~'~h~' C~[~ requires. Therefore, it is decision should be based on its the City's recommendation that given merits. The homeowners have indi- improvement of Quito Roadin accord with cated their willingness to get the standards, that improvement be made around this problem. He recommended at the time annexation occurred. the decision be made on the issue ofwhether or not the sphere of Mayor Callon inquired if this couldbe ~' influenCe"boundarieS should be done through a Deferred Improvmeent changed, and then the implementation Agreementt .. would be looked at. Mr. Beyer, City Manager, replied there Councilman Watson indicated he would have to be more research in terms~. must take a very unpopular stand of the deferred improvement aspect. and suggest, as pursuasive as the arguments have been and as marvelous Mr. Coates commented he has had experienc as the efforts have been, he believes with ways in which they can use an this does not fit the requirements association to bond for an improvemeDt in which the City has to.~judge. district'; and would be happy to work wit~ staff on this. Mayor Callon ~ndicated she believes the residents have made a very good Councilwoman Jensen commented that she . Case for meeting the 5 LAFCO' guide- believes Quito Road has Been considered lines, and she would support the the '!poor stepchild" of the City. The I request for ahnexation by the road has just been widened at the bridge; Sunland Park tract. AGENDA ACTION V. PUBLIC HEARINGS (Cont'd.) ~ Rec'e'Ss~'an'd'reconVene B. CONSIDERATION OF REQUEST FOR 2. RE,JEST FOR ANNEXATION TO THE ~0 AREAS KNOWN AS SUNLAND PARK CITY OF SARATOGA -PASEO OLIVOS AND THE PASEO OLIVOS AREAS FOR ANNEXATION TO THE CITY OF Th~fMayor declared the. pUblic SARATOGA hearing open at 10:15 P.M. 1. sunl~nd Park · Arlene Campbell, resident of · . Paseo Olives, addressed the Council. ~ ............ ~ She commented that they do not ...... ~= ...... ~ 'ques'ti~on th.e WiSdom of belonging Councilman Mallory.commented that in to a city, but would like it to be a terms'of LAFCO criteria,-'this'tract city they can identify With. The reasonably meets these standards. If interpretation of the MORGA statute th~ residents of this area would agree. removes choice, which is something to meet Saratoga ordinances and enforce they do not feel the State 'dodes through the homeowners association Legislature. intended to do~ Under · and meet all the costs of street and sub-section 6~ , . "will benefit sewer improvements, including the ~ from such anneXation or iS re? 'deferred improvement agreement on Quite ceiving Benefits from.the annexing Road, if necessary; agree to PaY for city"q . . it is their contention all Saratoga Planning Department costs that trey are not now benefi'ting .to annex; and agree to. maintain a Strong from the City of San'Jose,'and homeowners association . .he would will not Benefit from annexation~ .move to indicate to LAFCO Saratoga's They use the same services as support to annex this'area ~o Saratogat Saratoga residents. The~ share poli, ce, fire, library.and garbage 'Councilwoman Jensen requested Mr. services~. After years of service, Mallory amend his motion to fn~lude.the the various agencies and emergency requirement to add landscaping along ~ services have learned to identify Quite Road, and that there be.a provisio~ this cul-de-7sac as PaseoOlivos to widen the north-bound lane to get a Saratoga, as compared tO Paseo left-hand turn onto'Cox AvenUe going Olives San ~Iose. They are activity northward on Quite. : engaged in Saratoga affairs. This' · ~s an area of only 16 homes. ~allory...s~gg~¥~v~he'~'~u~dil_~ Petitions have been given to LAFCO ~irs~iindicate.its.i~tent. to annex,~ i signed ~y 95% of eith'er the home- <~.then meet with 'M~i'Ne~ii'~"tB~slee~'ff owners and/or the registered voters. ~cca~'~'~n~'t~e group in agreeing! As far as the street, this street on some details. is not a through street and requires little. m~intenance~ The residents ~?.~.e_'.~/f~?Ma~e~r.~_'~P~i~Y~'gu~ tha~'thj ~7 are agreeable tO paying planning first step i~ to pr~p~'~Ck~ costs for the 'annexation~ But she with respect to the boundary change. cannot say'they would cbmmit to Once that is done, then follows the widening QUite Road. annexation process. He would recommend ,there be af6rmal agreement that the Jacie Ba~0Van, 18498 p~seo Olivos~ homeowners association continue to use indicated thalt.he~e is the.old E1 their planner and with their money, and' Quite Ranchol This hBme is at the City would coordinate the detailsL'of. least 60 year~ did. She has lived the. anneXation. there since 1~44j and they have a~'sociated it wfth Sa~atq~a? and Mr. Mallory indicated,he would amend would like/to s&e 'it remazn-this his motion to indicate theCity'S intent way~ Her father subdivided into to annex this tract and i,S agreeable'to these 16 h0me~ which were custom the boundary change, Subject to the con~. built~ MoSt.of 'them have been kept ditions as outlined by th~ Ci,ty M~nager, up pretty well -~ some could be Councilwoman Jensen se.conded the motion~ d0he a little better Her father -and it was carried/3 to 2, Counctl~ subdivided and made it Paseo Olives members Watson and Cleveng~f"in oppositicn~to continue'from Paseo Olives on the'other sideof Quito'Road, r~ ~,. .. AGENDA ACTION V. PUBLIC HEARINGS (Cont'd.) Councilwoman Clevenger indicated she would re.rain her original position B. CONSIDERATION OF REQUEST FOR relative to this annexation. TWO AREAS KNOWN AS SUNLAND : -' PARK AND THE PASEO OLIVOS AREAS Councilman Mallory indicated he FOR ANNEXATION TO THE CITY OF is not inclined to support this SARATOGA . annexation, as he does not feel the arguments are as pursuasive 2. Paseo Olivos as the previous case. Eddy Feil, 18439 Paseo Olivos 950~0, M/S: Callon/Jensen to support the indicated he ~nd his wife have been annexation of Paseo Olivos, given residents of Saratoga since 1960, when the same conditions as were estab- they lived on Sobey Road.. He can agre~ lished under the annexation intention with Mrs. Jensen that Quito Road is a for Sunland Park, and based on the questionable thing. He has recently Understanding that ~the homeowners retired from a~business which he sold,. . provide aplannihg liaison with and a~Jthe ~_h'~'~e~'~h~l~'d~== Sunland Park and with the City. to move into a~s~rle~'h'~m~' could afford to send the children to . The motion failed, ~ to 3, Council- college. When they sold their home on members Watson, Ctevenger and Sobey Road,. they made sure to contact a Mallory in Opposition. real estate firm which would help them~ to remain in Saratoga. They have con- tributed'to spending much of their money in Saratoga. There are excellent fire. and sheriff services at this time. These homes are in the $150,000 bracket and they. belong in Saratoga. Mr. Nellis again addressed the Council and urged that the Council take the same reasoning as they did with the Sunland Park group and accept them into Saratoga. He indicated he w6uld not see any problem with the .consultant for Sunland Park also doing some work for the people on Paseo Olivos. Mr. Coates indicated once he haS had an opportunity to talk to Mr. Sager of LAFCO regarding information with respedt to both annexations, he would be in a better position to answer this. M/S: Mallory/Jensen to close the public h~aring. Carried unanimously. The public hearing was closed at 10:30 P.M. Councilwoman Jensen commented she feels it is important to look at improving ~f."this street design and work this out. Approval of this annexation' would enable Saratoga ~o do something about this ..problem. Councilman Watson indicated he finds there are some positive things about this annexation, one being the fact that the lot sizes are larger, However, he would have to remain with his position relative to the contiguous factor. 15 % ',-"" ~.GENDA ACTION V. PUBLIC HEARINGS (C~nt'd.) C. CONSIDERATION OF FORMATION OF Mayor Callon indicated this hearing ASSESSMENT DISTRICT PURSUANT involves '8 zones,' and'it.would be TO THE LANDSCAPING AND conducted on a zone-t6-zone basis. LIGHTING ACT OF 1972 -~T~'Ci~y M~'~piained the ~purp0se of thi~ puBli~h~ari~ .... ' ~d' ~h~'~Cify" s'~ole in acting ~s "middleman" in maintaining these assessment districts..- ~e tax ra~e was established annually on the .basis of estimatedZcosts and the City Council would annually adopt a tax rate for each of the special districts..With the passage of Proposition 13, the ability to adjust this ~ate to generate enough money for the maintenance o~ utilities desireddwas terminated. He pointed out that there is no intent by the City to change or add anything than what previously exis~d~, but to keep operating a mechanism by which revenues could be ~ generated to pay for utilities and landscape maintenance for these districts. Mr. Shook outlined the protests which have been received in each respective zone to date. He. indicated the purpose of this meeting ~s to receive protests relat±~e to the City'Is preliminary approval of the Engineer~s Report, ~ ~R~of6~n 95~"~'~ ' ad~t~d 5/21/80~, ~h~'the'! es tab lli~m&~f ~- th~ 'plB l~c ~a~'i~g u~der ~R~iution ~0-C, ~ Resolution of Intention to Form the District and Levy the Assessments~ .Th~ Mayor opened the public hearing at 11:00 p~M~ a) Zone 1, Manor Drive - Landscaping " Mr. Shook indicated there have been no written protests received from Zone 1. There was no public comment. B) Zone 2, Fredericksburg Drive - ~andscaping - No written prStests reh~ived; no public comment. c) Zone~Gr'een~ria~Landscaping Mr. ShOok indicated there were 2 written protests received on this zone. No pu~Iic comment. 16 AGENDA ACTION V. PUBLIC HEARINGS (Cont'd.) (Mr. Moyles - cont'd.) C. CONSIDERATION ~F FOR~IATION OF and engineers involved in creating this ASSESSMENT'DISTRICT PURSUANT district would facilitate an evaluation TO THE LANDSCAPING AND of the merits of the proposed assess- LIGHTING ACT OF 1972 merit by members of each of the 8 zones affected." d) Zone 4, quito Lightinn ..~.~.. District Mr. Moyles commented that his perception in f~,~m ~hel~comments is that the Quilt. o area has never David Moyles, addressed the Council gotten i'ts money out of any city on behalf of E1 Quito Park Home~ services. Therefore, they object owners Association. He submitted to any increase of any kind. petitions which had been given to Mr. Moyles indicated that the Board him this evening with approximately supports the $20.95 assessment, but 60 names, which opposes the formatio~ it would be-back during the budget of this assessment district. process to try and rectify the con- cerns of the homeowners. Mr. Moyles read comments from the · Board of' the E1 Quito Park Home- The City Manager explained ,that owners Association: the City is not proposing to elimi.nate. the existing districts. "~he E1 Quito 'Park Homeowners Association The new district is an overlay, Board of Directors gives its~support, with and the difference necessary to pay one qualification, to the proposed $20'.~95 that bill is what will come from per parcel assessment for street lighting. this district. He indicated that We feel lighting of our street is in Quito, if something isn't done, important and have no objection to paying there will be a deficit of '$2,890 reasonable costs incurred in continuing as of July 1, 1980, which the City this service. It is our understanding the' will have to pick up. proposed Zone 4 is an alternative to the , ....... ~ present special assessment district, and'. Dr. Beebe, owner of proper~i.~ that the proposed $20.95 assessment for ~>Paseo Pres.~da and Paseo Lava, -commented-relative to an earlier Zone 4 replaces entirely, and is not in <~'oi~g~r~{~' ~'~mercial 'lighting addition to the present assessment, for ~or ~ .... q~i[o ~'~gpping Cen~e~. the existing special assessment district. Based on this understanding, we endorse will bei'pi_enty;of' light~''=' the Council 's P~solution 950-C regarding 'f~'t~'iS ~H~pping center; therefore, formation of landscaping and lighting he would favor turning the street district iLA-i." lights off. Mr.-..MOy~es commented that the peoDt& Mayor Callon inquired what the he has spoken to tonight are unde~ E1 Quito homeowners PaY on their the impressibn that they will be present assessment. paying 2 times for the same service. The Board's vote was' based specifi- Mr. Beebe indicated he has tax bills cally on the unde. rstanding that this for 1979-80 and 1978-79, neither of replaced the prior assessment. which has listed the Quito Lighting He continued the comments of the District. The only one that lists Board: the Quito Lighting District is .for 1977-78, which is ..25~; however,. 'We challenge the estimated administrative this was based on the inc'reas ed expense. It is difficult to ~nderstand assessment. how the City can claim $2,500 ,in attorney, s fees and $4,000 in engineering fees in- Mayor Callon suggested perhaps curred in starting the p~opo.sed district.I continuing the E~ Quito Lighting %he administrative costs Srount to District to July ~ to'obtain slightly mere than 20% of its budget, and answers. regarding this assessment ~ these costs ~re unreasonable. An itemized accounting,at the June 18th hearing of the Joan Briody, representing wilson, actual services rendered by.i the attorney Morton and As saf law firm, San Mateo, e~plained that the law 17 AGENDA ACTION V PUBLIC HEARINGS (_Cont"d.) Mr. Beyer, City Manager, explained that the resolution defines under C. CONSIDERATION OF FORMATION OF the Act the eligible activities ASSESSMENT DISTRICT PURSUANT that can be undertaken in such an TO THE LANDSCAPING AND LIGHTING assessment district. This ACT OF 1972 resolution spells out those that __ funds can be generated for to use, · .' d)'Zo~e ~= Qui7[o Li=gh'ti~g" -t if it is so desired. Historically, District' (Cont'd.) the City has worked with the hoemowners association to determine provides that the assessment shall exactly what those funds would go be confirmed no later than July 1, for, and the .City just paid the unless there is permission from the bill to_ the person they hired. All County Auditor. this is being Set up to do is to pay the lighting bill. A1 Roten, 19812 Veronica, President of the Greenbriar HomeownerS and C.W./'~Ne~le, 14165 Saratoga- Taxpayers Association, commented Sunnyv~le Road, he ~nderstands that these people are asking how that not only will this lighting much they are being assessed. He district charge for the lights, would suggest they look at their but it eventually will go under-. tax bill, as we are all being ground and put it to the homes. assessed 1%. Those who had a special tax district previously are Anthony Traveres, Saratoga Avenue, benefiting by the continuation of conmented he cannot figure why they some funding coming out of the same have to pay $20.95, when the tax rate that is applied to all. people across the street are not.~ Therefore, we are actually benefit- involved and the~ have the same ing residually by having this tax, lights. and we are getting support. If tha' support went away, the special Mr. Shook,' Director of Public Works, assessment would be even more. indicated that Zone 4 lighting Therefore, they are not getting district only extends to the "double-dipped", but they are re~ centerline of Saratoga Avenue. It ceiving a benefit. does not include the properties on the.opposide side. To include Allen McLean, Jr. 18628 Paseo Tierr~ these homes would involve an commented that until he read the annexation proceeding. resolution, he didnot realize there are no facilities being pro- Helen Stanley, 12655 Paseo Flores, posedin-this district; it.. commented that the~e were not provides funding for maintenance and residents on the other side of existing facilities. Therefore, Saratoga Avenue when the l~ghts this is an open-end resolution. were installed. "' + They are going to be charged for ~ ~-'~ ..~ _~ one thing, and later on other ~s. Brio~X~= ~A!~tbrney.~Te~pl~fned' things will be added to it. He was that the process ~his evening is also disturbed that the letter for formation of the district and accompanying the resolution was un- the levy of assessment. .Every year, signed. Further, in checking with a hearing will be held; however, the Public Works Department, he the notice willnot be as extensive. found that the organizations that The additional notice of mailing were assessed.for landscaping were will only be accomplished wherein done by the homeowners, and he the formula is changed;' property assumes they passed the Landscaping is added~'i.e., annexation, or and Lighting Act to take care of there is a parcel split. paying.this. Mr. McLean indicated he is not protesting paying for the Regarding the resolution, Ms. lights, but he wants to know Briody explained that improvements exactly what his payments are. in this Act mean capital improve- ments and also maintenance in ....... · . . ~ servicing. 18 AGENDA ACTION V. PUBLIC HEARINGS (Con~t'd.)~ Ms. Briody explained that we are discussing one district boundary, C. CONSIDERATION OF FORb~tTION OF which is segregated into zones. ASSESSMENT DISTRICT PURSUANT. These zones may either be eliminated, TO THE LANDSCAPING AND LIGHTING expanded, or reduced. ACT OF 1972 Mrs. Wescoat inquired how many e) Zone 5, Azule Lighting signatures would be require~ to District turn off the lights off in one zone. Mr. Shook advised there was one written protest received relative Ms. Briody indicated there would to this district. I have to be a majority protest of the district. In the Council, Richard Green, 12350-Goleta Avenue, deliberations, however,. comments commented that it appeared in what of the residents can b'e taken into they received that they were being consideration and thereby reduce assessed $23.52. That was a the district boundary. However, $7.00 increase from ~77-'7.8, and z the protest does not include l~gal he didn't think this was too bad. protest within the zones. Now you have it up to $27.46, and that is an $11.00 increase. Councilwoman Cleve~ger Inquired Mr. Green stated he has a letter if the Council a~pro~ed./t~is'light+ signed by 22 homeowners protesting ing district, the 2 lights that 2 lights. One is located a~ ~ are not benefiting this area could Saratoga-Sunnyvale Road and Seagull come out and include the homes the other is at Saratoga-Sunnyvale which should logically be included Road and the railroad tracks. For in this area. some reason, they are being assessed for the light on the west The City Manager indicated he side of Saratoga-Sunnyvale Road. believes that during~the year, He read the letter: measures can be taken to eliminate these lights. With regard'to 'We are property owners of the Azule adding the 2 parcels, this would Tract of the City of Saratoga. We take place as part of the hearing object to hhe inclusion of t~e follc~ing next year. · street lights in the lighting district.= ]he first is located at Seagull Way and f) Zone 6, Azule Li hting District Saratoga-Sunnyvale Road; the second is , (Annexed Sarahil~s) at th~ railroad tracks on the west side of Saratoga-Sunnyvale Road. ~hese are Mr. Shook, .Director of Public Works, incorporated into the lighting .diStrict' advised there were 3 written pro- which was formed in 1959, and these two tests received. No public comment. were incorpated in 1966." g) Zone 7, SaratOga L~ghting District .Mr. Green stated that the home- owners are extremely concerned as. Chic Porter, 14791 Bu6~o~Terrace, to what else the City is going to indicated she has 70% 6f'the pull off of the tax base and charg~ property owners of re~ord in Tract separately for. He stated he 2399. This represents 44 parcels. · believes he can bring back an 80%~ There are 2 Street lights that abut figure that says, "Shut the lights this property, butthey are of no off'.'. benefit to these property owners. Since June 15, 1959, all the 44 Jackie Wescoat, 12365 Goleta Ave., property owners have been required stated she is concerned about~2 to maintain a post light or other things. She is concerned about light with an automatic clock whether districts will be voted on timer, within '25 feet of the separately or at the same time. building setback line, and to keep that light lit from dark to dawn. 19 AGENDA ACTION V. PUBLIC HEARINGS (Cont'd.) (Willard Lynch - 6ont'd.) ~.CONSIDERATION OF FORMATION OF ~ been voted by the residents. Therefore, ASSESSMENT DISTRICT PURSUANT this street does not form a part of TO THE LANDSCAPING AND LIGHTING Lighting Zone 7. ACT OF 1972 '2) Section 25210.77(a) of the Goverranent Code, as amended by AB-549, reads: g) Zone 7, Saratoga Lighting 'The cbarges may be determed in proportion District (Cont do ) to the estimated benefits frown such services to be received by each parcel.' (Chic Porter - cont'd. ) There is no street lighting on Lutheria Way; therefore, the benefits from such The 2 street lights abut the' non-existent services are nothing. district and do not light anythin,g With no benefits, the proportional else but 2 houses. They are at charges allg~ed is nothing. this corner because it is at the 3) Although 'Section 40(b) of AB-549 base of a church and another corner provides for dispensing with posting It ±s/,, therefore, requested to have Of large districts if not financially Tract 2399'withdrawn from Zone 7. z feasible, the fact that Lutheria Way was posted attests the fact that it was Williard H. Lynch, 14260 Lutheriaz end is financially feasible. The Way, indicated that his protest is distance between all signs on Lutheria not because he is not fully ca. pable Way has been measured, and the distance of paying the $10.70 per year per considerably exceedg the 300-fout minimum parcell He is here as a matter of . required by code. In addition, the principle. He belieYes in the lettering NOTICE OF I~DROVEMENT is democratic process that says when 13/16 of an inch high. This ~does not you put something to the vote of th! comply with the Code and does not people, they vote for it, and if comply with this resolution." the City Council doesn't pass on something because they don't have~ (Second Letter) a ',Trepr~__~e~ ~'{o~' in writing that say's"'tl~ m~jo~-ity of .people are "Resolution 950'C assumes authori~ against it. Assembly Bill 549 ~. pursL~lnt to the provisions of the Land- does attest to the fact that there scaping and Lighting Act 1972, amended is a majority vote "The by AB-549. Under the County.Services approval of the district ~}oters Area l~w, this authorizes the County may be secured at a d£strict county to fix and coll&ct charges.. It is wide election or by a ballot mailed specific in authorizing the CCO~mty. to each property owner or registerZe Board Of Supervisors only for County voter of the district. The propo-7 districts, and does not authorize or sition is approved if a majority of empower'an incorporated city or the City these voters approve the proposition Council with any such powers. AB-549 It is not the demographic process .t~ does not. imply such powers. Sections 9 proceed with this type of measure. and 31 refer specifically to the powers and obligations of "the legislative Mr. Lynch proceed to read his body of the incorporated city". The letter of protest: powers and obligations of the city are therein limited to dissolution only of "Consider tbi~ letter Notice of Protest an existing county district, and speci- on the subject assessment on parcels fically do not include the powers of the . . for the following reasons: city to establish districts. The use of i) The parcels lie within Cunningham this act to e~tablished the proposed Ac~es, a California subdivision estabz lighting district, LLA-1 within the lished December 23, 1925. This sub~ City of Saratoga is a misuse of County division consists of lots facing Services Law and of AB-549." Lutheria Way, ref. Book 397, page 24 ..... .-~ ................. -= . _ County Assessor. ]here are no street ~ . . lights on Lutheria Way or within this subdivision, and there is no record of lighting for this subdivision having 20 : AGENDA ACTION V. PUBLIC HEARINGS (Co~t'd~) The motion failed, 3 to 2; ~ Councilmembers Mallory, Clevenger C.. CONSIDERATION,_~.F~FORMATION OF~ and Callon in opposition. ASSESSmeNT DISTRICT-PURSUANTI TO THE LANDSCAPING AND LIGHTING M/S: Callon/Mallory to adopt ACT OF 1972 Resolution 950-D, based on the understanding' that the City would in the coming year deal with some 'g) Zone 7, Saratoga Lighting of the inequities mentioned this District (Cont'd.) evening. Calvin Miller, 20261 La Paloma,. Councilwoman Clevenger indicated indicated at 2-3 streetsin their' she would like to see special zone have no lights.at all. He attention given to Zones 4, 5 and 7, lives dn La Paloma, and within a whereby lights that are not needed one-block range there are 2 lightsl. could be turned out soon and the.~! IHe thinks it is unfair that those. amount remaining prorated to the people who have no benefits of following year. lights should be included. 'He also Believes it is unfair if.this has The motion was carried/4 to 1, been just an arbitrary proration.. Councilwoman Jensen 'in opposition. Several of the residents on this street want to-know what it takes: M/S: Callon/Mallory tO, adopt the to turn the lights completely off Negative Declaration.with respect on La Paloma. to formation of the Assessment. District. Carried, 4 to 1, Mayor Callon indicated the Council Councilwoman Jensen in opposition. if it didn't fund this district would be required to deqide whether or not to turn off the lights. However, if the zone had protested in a majority fashion in the last 6 weeks, this would have given the Council an idea of how this whole zone felt. h) Zone 8, Village Parking District--#1 -.Landsca'ping! and Lighting Mr. Shook advised there has been : one protest, and this is from San Jose Water Works, disputing the formula: M/S~: Jensen/Watson tO .close the public hearing. Carried unanimousiy The public hearing was clsoed at 7 12:10 A.M. Councilman Waton c~mmented that he believes in the provisio~ for next year's hearing on this subject, clear'communication and clear assessments should, be folded in M/S: Jensen/Watson to accept the provisions of Zones 1, 2 and 3 be included within a proposal for an assessment district. 21 AGENDA ACTION V.. PUBLIC HEARINGS (Cont'd.) " D. MEASURE "A" HARDSHIP HEARINGS The City Manager advised that the City Council at its June 4th 1. Public Hearings on-Consider- meeting adopted the resolution ation of Requests in Accord- which outlines criterian for re- ance w~th the Provisions of sponses under Section 7 of Measure Section 7 fo Measure "A", "A". Interim Restrictions as Related to Hardship Cases The Mayor!zopened the public hearing at 12:35 A.M. a) Joseph Krajeska (SDR-1329) 2ndthearing George Tobin~, attorney representing Mr. Krajeska, addressed the Council. b) Peter Noonan He pointed out.the f~ct that this SDR-1445) 1st hearing is the date of the second noticed hearing, but. it is the first time they have had an opportunity to be heard. It is his' understanding ~ the second hearing ~ill ~ on '. July 8th. The City Manager advised this is the second noticed hearingj The hearing was,openedl at the last meetingjand~becau~e'the Council adopted its resOlUtion that evening, the item Was continued until this evening, with the intention that an action wouldbe taken on July 8Eh. Mr. Tobin explained this application relates to a 2-!0t subdivision which has been in process for almost 3 years. The Krajeska's have owned this p~operty since r959, and the applicatf6n for the Subdivision was filed On August 15, 1977. One parcel is approximately 50,000 square feet, which contains their : residence; the adjacent parcel is 40,000 square feet and fronts on Vista Regina. The tentative map for this 2-lot subdivision was approved on October 6, 1977 in ~ccordance with the ~taff report of September 19, 1977. A negative declaration had been made with re~~ spect tb the application. and with the approval of the tentative map, the findings were made that the tentative map complied with the 1974 General Plan and With all the requirements of the Saratoga~ Zoning and Subdivision Ordinances. After approval of the tentative map, Mr. KrajeSka proceeded to do those things required under the conditions, and he instituted the necessary procedures to get. the property annexed to the.Cupertino Sanitary District.~ 22 AGENDA ACTION V. PUBLIC HEARINGS (ICont'd.) drainage plan, which not only affects his property, but 3 other D. MEASURE "A" HARDSHIP HEARINGS ox~aers. To date, he has po~ed bonds for Saratoga of $11,298.00. a) Joseph Krajeska (Cont'd.) All together, he has expended $23,172.00. (George Tobin---cont'd.) ~ The application which was filed by For this he paid $950.00 in fee§~. Mr. ~pkar, his engineer, for After the hearing before LAFCO, another one-year extension on the which was approved on October 4, tentative map, was filed in April, I978,'the-annexation of the district and it was referred by the Land was completed on November 15, 1978.. Development Committee on May 1st He thereafter received a refund of to the COuncil. Mr. Krajeska of $96.20 against those annexation then, by letter of May !st, re- fees. On March.20, 1979, he posted quested exemption from Measure "A". the Saratogy City septid-tankbond of $300.00. On March 20, 1979,'he The difficulty concerning the paid the storm ~rainage fee, the preparation of the road improve- Parks and Recreation fee, and the ment map and the drainage plan engineering fee, for whichhe had actually results from the fact been billed. But he questioned the that Civil and Construction Con- necessity for himto pay a fee for sultants were the engineers who 2 lots; this matter came before the were working for ~r. Stewart on Council and the~Council determined one of the adjacent properties, that notwithstanding one of his lo~s and had done some of the work had been developed, he had to pay prelimin~rily, and {twas felt the additional fee. On April 9th, 'that since they had done some of he.paid the additional $2,114.00. 'that p~eliminary work,'one On April 4, 1979, he paid Cupertinp ehgineering firm might do the Sanitary District $943.90 for in~ job which involved 4 parcels. stallation o~ laterals. A ~ determination w~s made.throUgh the, Mr. Tobin indicated he has talked Public Works Department of the to both Mr. Trinidad and MrJ amount of his road improvement bond, Wimberly'to try and ascertain the and on April 9, 1979, he posted a problem of coordination with . road improvement bond of $6,000.00'. Civil and Construction Consultants, On April 19, 1979, a request was ~ and neither of them has an~ made for a one-year extension of the independent recollection at this tentative map, which was granted' time of whether this idea of using subject to approval of the drainage Civil and Construction Consultants plan, and also subject to'the con- originated with the City or among dition of inspection of his existing the owners because of the fact residence for code compliance. there were 4 properties involved, In May, 1~79, he paid.San Jose and the design was for 1 roadway. Water Works $717.00 for installation In any case, the only thing that of the water lines; on June 28, 1979 remains to'be done is for the plan he paid $88.50 to de-activate his to be approved by Public Works and septic tank, in view of the fact Inspection Services. Mr. Krajeska that his place was connected to the should then have his final map. sewer at a cost of $1,965.00. What is before the Council this evenihg Mr. Tobin indicated he has sub- is an application for a'one-year mitted a written statement consisting extension. In addition to the of 4 pages. He indicated he would costs enumerated, he paid civil lik~ to point out. that the Council engineering costs of $4,990.00; he has totally failed in its con- paid geologic fees of $1,050.00; and sideration of so-called "exemption he paid.Civil and Construction Con~ criteria" to provide any due sultants $667.00 for work which ~hey process of law requirements with were supposed'to have cqmpleted hut respect to exemptions. under Section have not yet done~with respect to 7. The most important of these the road improvement pt~n and : considerations is' that there is AGENDA ACTION V. PUBLIC HEARINGS (Cont'~.) (Mr. Crowther - cont'd.) D. MEASURE "A" HARDSHIP HEARINGS well as 'the following one, with ~ regard to procedure. He agrees a)~Joseph Krajeska (Cont'd.) that some of the things the City is doing may be leading us to legal (George Tobin - cont"d.) hot water. He believes that the hardship criterion'in Measure "A" nothing in the resolution, and there does not allow you to make an is nothing in anything which has exemption to Measure "A"; it only been uttered, which provided a basis allows an exemption to the mora- · for exemption. This is a fundamen7 torium. It ~till requires that tally erroneous constitutional' everything be consistent with approach. In order topreServe ~. Measure "A". His understanding vested rights which Mr. Krajeska on this application is that the has, the criteria has to provide a tentative map has' been approved way by which he can be exempted fro~ more than 2 years prior to.passage the provisions of Measure "A". of Measure "A". Measure "A" in The second consideration is that Section 8 says that if there was the Council has not recognized that a tentative map approved 2 years · vested rights are possessed. In prior to the adoption of Measure this cas'e, Mr. Krajeska has vested' "A", it doesn't.fall under Measure rights for the zoning, which is "A". Section 8 also says that covered by the tentative map, re- if you have a building permit gardlesS of what provisions might be that was.granted prior to passage adopted at a later time. He i~) of Measure "A" and proceeded in clearly exempt frbm Measure "A", good faith reliance on that permit, and he would most earnestly request you are also exempt from Measure that the Council grant the requested "A". Therefore, these 2 criterion extension of time so that this sub~ seem to be the only basis for division can Be completed~- exemption,.and it would appear that the Co.unciT's~di~cr~tion in Mayor Callon inquired of the City a Section 8 case would be a Attorney inquired if it is dis- determination of whether there had. cretionary on the part of the been processing according to Council.to grant a second One-y~ar good faith'~eliance on the permit. extension. " Therefore,' it would seemto him the Council does need some Mr. Johnston responded t~at it is Section 8 criteria. One of the di~cretion'ary, and he cannot recall- things in the ~esolution which when one has not been granted. was not adopted'f~as the requirement that there be somet~ipg/in writing Mayor Callon commented t~at in thei as to whether there is an appli- Council's adoption of~a new foremat cation with regard to Section 8. in approving extensions for On this application, it appears tentative maps, it was brought out that it could be considered on that any development that came in its merits', independent of Measure would have to;~comply with. thelnew "'A"; on Mr. Noonan's, it.would zoning or requirements.in. the area appear that it could be considered ,hich was asking for the extensionl on the basis of whether he has moved in good faith reliance on the Mr. RObinson, Planning Director, building permit which he obtained explained. that the condition that prior to the passage of MeasUre "A". was added in the ordinance isthat~ they would comply with 'the con- Mayor Callon pointed that the ditions which were relevant at that applicant is free to apply under time. either section of the measure. Russell Crowther, 20788 Norada Cou~t indicated he is not here to opposel this application. He is primarily7 concerned on this application, as 724 AGENDA ACTION V. PUBLIC HEARINGS .(Cont'd.) (Peter Noonan ~ cont'd ) D. MEASURE "A"HAPdDSH~P HEARINGS moratorium was voted in, he had begun work. He iddicated he has a) Joseph Krajeska (Cont'd.) submitted a letter which covers .. : each item in regard to the moratorium,~and to show how the ~ lot is related. Ed Gomersall, Veronica Drive, commented that in looking at this Mayor Callon pointed Out that property, it meets all intents Of the.second noticed publ±c hearing Measure "A'!, except for density. on this is scheduled for July 2md. Its location is such.that from an' aesthetic standpoint, you don't get the impression of a high density situation. Secondly, the Krajeska's have gone'through~this long process --'he suspects if they hadn't been so patient and knew the~ process a little better, they probably wouldn"t be here. This also seems to pose an economic hardship invesment, plus the difficult process and thefrus~ ~ tration of having to switch to septic tanks, put them through a fair amount .of hardship, He would like to urge the Council to con- sider this, and find it in favor. Mr. Crowther commented that he would like to make.it clear that he believes it would be a fatal error for the City Council to vote an exemption with regard to density under Section 7' of Measure "A"f He would recommend the Council exempt the project under the criteria that it had its tentative map 2 years prior to the passage of Measure There being no further public comment on this ma.~ter, the public hearing was continued to July 8th~ b) Peter Noonan (SDR-1445) 1st hearing~ The Mayor opened the public hearing at t:00 A.M. Mr. Noonan stated that in response to the City Council'~s request, he' has responded to all of the items of hardship criteria. Mr. Noonan stated he has one lot, building one house~ He wants to live in the house, he has a building permit, and when the 125 AGENDA ACTION V PUBLIC HEARINGS (Cont'd.) E.' CONSIDERATION OF APPEAL OF The City Manager advised that i~ PLANNING COMMISSION DECISION the Council wisbes to-hold a TO ALLOW CONSTRUCTION OF A de novo hearing, it would have to SINGLE-FAMILY RESIDENCE WHICH re-schedule it for another 'evening. WOULD'fPROVIDE A 6'FOOT EXTERIOR SIDE YARD WHERE 15 FEET IS RE- The Council elected not to hold a QUIRED AND' PROVIDE ONE COVERED de novo hearing.. PARKING SPACE WHERE TWO ARE REQUIRED (14151 Marion Road, Mr. Robinson, Planning Director, V-523) verbalized the staff report, dated 6/11/80, outlining the basis of the Planning Commission decision to approve this variance. The Mayor opened the public'hearing at 1:10 A.M. Mr. Clarence Neale addressed the Council. He indicated this is next to hi~ property, and it is a very bad corner and 3 people have been killed coming in and out of this property. The house they want to build is 18 feet wide and 90 feet long. It puts the back yard to his side yard, and completely distorts his property. Further they have broken every code in the book,.'i~c~.{~g~.'~he set- i~a~. '~.: the 1-car garage, the back clearance~ the side clearance, and the road setback. Mark Abner, 20363 MariOn Avenue, iD~icated he has several 'concerns with.regard to this matter.c. He is concerned about the structure itself;,it is ridiculous being'18 feet wide. .The City wants to take 6 feet more landin the' frontage, which they already.have a right-of- way for 15. It'is a sub-standard lot to begin.with. There shouldn't even be'a structure there. The-Council should just allow them to improve the existing structure and leave it at that. Oliver Allen, 20520 and 20530 Marion Road,, commented this is contradictory to what has been said before about the original theme. Mr. Allen commented that we try to maintain'a greenbel~ in Saratoga, but if this road is widened, this greenbelt is going to disappear. We live on paralle~egrams, meaning that we have no space between the 26 AGENDA ACTION V. PUBLIC HEARINGS (Cont'd. E. CONSIDERATION OF APPEAL OF ~ (Oliver Allen - cont~d.) PLANNING COMMISSION DECISION' TO ALLOW CONSTRUCTION OF A house and the road. So the frontage SINGLE-FAMILY RESIDENCE WHICH. is removed and they won't have any- WOULD PROVIDE A 6 FOOT EXTERIOR thihg-but bare fences. SIDE YARD WHERE 15 FEET.IS RE-i ~ QUIRED AND PROVIDE ONE COVERED Dorothy Stamper, 20562 Marion Avenue, PARKING SPACE WHERE TWO ARE indicated she is concerned about REQUIRED (14151 Marion Road', the possible appearance of this V-523) structure. She hopes when the Council,goes out to observe the place where this is going to be built, it will mean more to themr It is a ridiculous thing to be proposed in this location. There being no further comment from the ~udience, it was the ' concensus of the Council to continue this matter to the next regular meeting of July 2nd to allow the CoUncil to view the site prior to taking action. F. CONSIDERATION OF APPEAL OF The City Manager advised the qity PLANNING COmmISSION DECISION TO Council again has the.option to GRANT A USE PERMIT ALLOWING A consider this at a. de novo hearing. PROPOSED RECREATIONAL COURT WHICH WOULD PROVIDE A 5 FOOT At the request of the appellant, SIDE ~ND.REAR YARD WHERE A 20 the Council agreed to proceed with FOOT SIDE YARD AND A 15 FOOT t the hearing this evening. REAR YARD IS REQUIRED (14930 Montalvo Road, UP-455) Mr. Robinson, Planning Director, verbatized the staff report, dated 6/12/80, outlining the basis of the Planning Commission's decision to grant this use permit. The Mayor opened the public hearing at 1:25 A.M~ Jack Christian, 20230 Bonnie Brae Way, addressed the Council. He stated his major concern is not the tennis court or Where the tennis court is located. His major concern is the permit of a variance for a 5-foot setback. The 3 con- ditions which the Planning Commission found for granting the permit are slso true of every residence on that street, and every residence on Bonnie Brae, and every residence going up Montalvo.~There are situations wh~re either the slope of the land or the trees cause difficulty in placing a large tennis court. Also, in all the 27 A,GENDA ACTION V. PUBLIC HEARINGS (iCont'd. (Don 'Call ' cont'd.') F·CONSID~RATION OF 'APPEAL OF tennis court, less than 20% of PLANNING COMMISSION DECISION TO his yard is covered'by house, GP~NT A USE, PERMIT ALLOWING A patio, or pool. It is lawn and PROPOSED RECREATIONAL COURT trees, more than 80%, even with WHICH WOULD PROVIDE A 5 FOOT ~ a tennis court. It is true the SIDE AND REAR YARD WHERE A .20.. court could be pulled forward and FOOT SIDE YARD AND A 15 FOOT without a variance; however, all REAR YARD IS REQUIRED (14930 7 of his close neighbors said to Montalvo Road, UP-455) put it in the back as proposed. The person who objects lives a (.Jack Christian - cont"d.) block-and-a-half away on Bonnie Brae. houses along Bonnie Brae which Mr. Call stated that' on'the same back up to the homes on Hill, you could locate a tennis ~ourt within night of their approval, there 5 feet from the property line and was an exception made for a tennis still have ample distance from any court with a 2-yard rearand a 'residence. The house next door to 6-yard side. The use permit IDr. Call's house and to Mr.. process allows this procedure, Christian's residence is for sale. and that is why he feels this house needs to be considered on its When that house sells and he. wants to put his tennis court within 5. individual merits.' feet of his property line, we now have 2 tennis courts 10 feet apart, He stated he feels this is a and if the Dennis property were to peculiar property and warrants the sell and a new owner-wanted toput tennis court, and doesn't set a tennis court within 5 feet of'his precedent for a lot of other yard[ property line, he doesn't see how in the neighborhood· It is not the City Council is going to ~e as though they are intruding on able to dilSallow that, Because the] the next buildable house -- they meet alt3 ~equi~ements of tha are still 105 feet away. Planning CormniSsion. He could end up looking at 2,800 square feet of Crista Billawalla indicated she tennis court is a neighbor of Dr. Call. She · indicated aesthetic considerations In his appeal to the C~uncil, he are extremely important to them; has presented some. th~ngs which they'are so important that they could Be done. You could cut the bought a whole acre in front of court down to meet the setbacks. their home so no one could b~ild Also, the 2 supporters of the5- there. She stated she does not foot setback whO. own the property like tennis courts, but she wants on both sides'could ~ell him the' the Calls to have a tennis court property to make sure he meets the because they arein the enviable code. position ~o have a lot Where a tennis can go and nobody ~ill see Don Call, Owner of the property it. She urged that the Council at 14930 Montalvo Road, commented allow the/ Calls to have their that when he first started this, tennis qourt.' he had talked to all of his immediate'neighbors and they Noah Billawalla addressed the assured him thi.s was the ideal Council. He stated that if the place for the tennis court. He tennis court is ~oved out, it would share the'concern of hi~ will stick out "liTke a Sore thumb". neighbors about a precedent Being As it is proposed, even if there set ifhe felt the precedent were is a 10-foot fence~ it Will hardly dangerous, bUthe does not think~ been seen. it is for thfs house for the following reasons He could pav~ There being no. further discussion this whole area wi,thOut calling it on this matter this evening, it a tennis court. Even with this was the concensus of the Council to continue this matter to July 2nd. 28 ~GENDA ACTION VIII. ~DJOURNMENT ~DJOURNMENT DUe tO the lateness of the hour, it was t~a cobcensus of the Council to adjourn the'rema±nder of the agenda to an adjourned.regular meeting on Tuesday., July 2~ 1~80~ M½S; Call~n, Cle~enger to adjourn the meeting to Executive SesSiLOn th±s evening, and to an~Adjou~ned Regular Meeting on June 24~ 1~80~ Carried unanimouslye. The meeting was adjourned at 1:40 ~M. ~ity 29