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HomeMy WebLinkAbout05-07-1969 City Council Minutes-.-..IZ.~ . ,~-. SARATOGA CITY COUNCIL MINUTES REGULAR MEETING TIME: WEDNESDAY, MAY 7, 1969 - 7:30 P.M. PLACE: SARATOGA CITY COUNCIL CHAMBERS, 13777 FRUITVALE AVE., SARATOGA, CALIF. TYPE: REGULAR MEETING I. ORGANIZATION Mayor Tyler called the meeting to order at 7:32 P.M. A. ROLL CALL Present: Councilmen Tyler, Robbins, Dwyer, Smith, Sanders Absent: None B. MINUTES Mr. Robbins asked the following corrections: Minutes To paragraph 2, page 5, first line: He added that ... insert "action by" such a committee should not: 1) duplicate ... insert "actions of" existing organizations such as the design review ... insert "committee of the Planning Commission . . . To first line of ~eCond paragraph, s~me page~ change to read, "The organization of the committee could best be left to !the citizens wanting to form such a group, but should be fairly Simple. Delete next two words., and begin next sentence ~ . ~ "It might be governed by a sterring . . I' On page 6, oral report by Mr. Peck, - add last Sentence: "Mr. Peck agreed the building could be demolished." ~r. RObbinsmo~ed and Mr. Smith seconded that the Minutes of the regular meetthg of April 15+ 1969, be apprOved as mailed and corrected; the motion carried. II. BIDS AND CONTRACTS A. CONSIDERATION OF BIDS - CIVIC CENTER ADMINISTRATIVE WING Civic Center Mr. Huff referred to the bid summary, opened earlier in the d~y, Administra- and to his report, recommending award of bid to S & D Construction Co. rive Wing for $135,080 which covered the base proposal and alternat@s 1, 2, & 3, r. for the addition; the alternates included stone Venear facing for the exterior of the addition, and panelling for conference rooms, offices and lobby areas. Mr. Robbins moved, Mr. Smith seconded that the cont'ract for the Council Chambers Addition be awarded to S & D Construction Co., Inc. for $135,080, covering base proposal and alternates 1, 2, and 3, and that the Mayor be authorized to execute the contract on behalf of the city. The motion carried unanimously· B. CONSIDERATION OF BIDS - CONSTRUCTION OF STORM DRAIN ON QUITO ROAD BETWEEN PASEO LADO AND MeCOY AVENUE Storm drain Mr. Huff presented summaries of bids offered, and suggested it might Quitn Rd. be well to refer them to staff, since all were in excess of estimates. In the absence of objection, the Mayor referred the matter to the Public Works Director for review. C. CONSIDERATION OF BIDS-- IMPROVEMENTOF COX AVENUE FROM WOODMONT D~IVE TO IONE COURT Mr. Huff explained that the work had not been done previously Improvement because the lots backed on Cox Avenue. Although the bid by Zipse of Cox Ave. was about $900 over estimate, he recommended acceptance. Mr. Smith moved, Mr. Robbins seconded that the bid for half-street improvement on Cox Avenue between Woodmont Drive and Ione Court be awarded to R.J. Zipse Paving Co. for a total of $8,756.12. The motion carrie~. Saratoga City Council Minutes Page 2 5/7/69 Continued D. AGREEMENT FOR PURCHASE OF PROPERTY ~ FROM RICHARD E. AND JOYCE A. KLINE, PARCEL NO. 2, FRUITYALE AVENUE Mr. Huff said the condemnation proceedings scheduled had been stopped, due to agreement being reached earlier this day between the K.line parties. The purchase price was some $850.00 greater than original Property appraisal, to provide adequate compensation for lost trees and shrubs plus interest payment from the date 'of city posessloe, June 4, 1968, to present time. Mr. Robbins moved, Mr. Smith seconded adoption of the formal agreement between the Klines and the City, as stated, and that the Mayor be authorized to sign the agreement, subject to approval of the City Attorney. The motion carried. III. PETITIONS, ORDINANCES AND FORMAL RESOLUTIONS A. ORDINANCE 38.29 - AN ORDINANCE ADDING ARTICLE VIII TO CHAPTER 4 OF TEE SARATOGA CITY CODE, RELATING TO CERTIFICATION OF SWIMMING FOOL SERVICE MEN. Mr. Huff stated the ordinance had been let=educed at the last Ord. 38.29 regular meeting, the reading waived, and now'was the time for adoption. Swinning Pool Mr. Smith moved and Mr. Robbins seconded that Ordinance 38.29 be adopted, as recommended in the Public Welfare Committee report; the motion carried unanimously. B. RESOLUTION NO'. 480 - A RESOLUTION OF INTENTION TO FORM THE ARROYO- SARATOGA PARK MAiNTENANCE DISTRICT NO. 1 Res. 480 Mr. Robbins read the Planning Committee report on the Arroyo Arroyo- Saratoga Subdivision entrance. Mr. Huff ~Xplained. that fundS raised Saratoga for maintenance could not be used for construdtion purposes. Mr. Robbins added that he understood from the bond~ng ateor~ey, M~ Assaf. that there was the possibility of forming one assessment district for capital improvements, and other for maintenance; that about 40 of the 300 homeowners were present at the meeting, favorable to action to get something done, by forming an assessment district to improve and maintain the entryways. Mr. Huff said the resolution called for setting a date for a Public Hearing on formation of a maintenance district, and that in the interim, details of further improvement could be checked. Mr. Robbins moved and Mr. Smith seconded that ResolUtion No. 480 be adopted, and that a date for a public hearing be set for the matter; the motion carried unanimously. C. RESOLUTION NO. 481 - RESOLUTION URGING STATE LEGISLATIVE APPROVAL OF SENATE BILL 347 RELATING TO SAN FRANCISCO BAY CONSERVATION Ees. 481 Mr. Huff explained that this resolution supported conservation of Senate San Francisco Bay, and approval of the BCDC Plan. Bill 347 Mr. Smith moved adoption of Resolution No. 481, Mr. Robbins seconded, and the motion carried unanimously. Mr. Huff noted there was an additional communication from San Mateo County Board of Superriots, asking cities to contact the commission, and other cities, to loin a lobby in favor of the plan. The Mayor said assuming such action might help, the city should follow through. D. PRESENTATION OF MANPOWER SUR'v'EY BY GOOD GOVE?dqMENT GROUP OF SARATOGA Mr. Yore, acting for the G.G.G.~ presented a box containing the Manpower response cards to the Council. He said that about 946 cards had Survey been completed and returned, most of which indicated willingness to share in improvement and upgrading government and related matters in the city. The response obtained was very high, and he added that the chairman of the survey effort, MrS. Dorothy Dew Parker, together -2- Saratoga City Council Minutes Page 3 5/7/69 Continued with her aides, Mrs. Rogert Stark and Bill Merkle should be especially commended for their hard work and effort. Me added that special thanks should also be extended to Mr. Dave Anderson and his Saratoga High School students and to the Girl Scouts who helped distribute and collect the survey cards, and to Miss gugenia Walsh, for the publicity coverage in the Times-Observer, which was also of great assistance. Mayor Tyler expressed his thanks, saying if he had realized how much effort, time and money would be involved, he might not have asked the Good Government Group to do the job. The results were obviously outstanding, and the information gained would be of inestimable value in finding potential appointees to such as the Planning and Parks Commissions, and on the citizens committee on review of the General Plan, and that he thanked the group from the bottom of his heart. Mr. Yore responded that the results were well worth the effort. There. was general applause from the audience. E. RESOLUTION N0. 482 - RESOLUTION ~ZQUESTING THE SANTA CLARA COUNTY BOARD OF SUPERVISORS TO:ADOPT THE LAND DEVELOPMENT REGULATIONS DEVELOPED BY THE COUNTY DEPARTMENT OF PUBLIC WORKS Mr. Huff said the resolution requested the County supervisors Res. 482 to adopt the land development regulations and controls prepared Land Dew. by the CounTy Department of Public Works, which would bring sub- Regulations division and building site development~ in unincorporated areas in line with city requirements. The Mayor con~nented that he would like to see all foothill cities get together to adopt standard hillside development controls after Saratoga adopted its ordinance. Mr. Sanders said the County Public Works Department recommended regulations were pretty much in line with the directioh being taken by Saratoga, and he would recommend adoption of the resolution. Mr. Sanders moved, and Mr. Dwyer seconded, adoption of Resolution No. 482; the motion carried unanimously. IV. SUBDIVISIONS, BUILDING SITES AND ZONING ..REQUESTS A. SDR-432 - FRANKLIN HOMES - BUILDING SITE APPROVAL, ONE' LOT FOR 112 UNIT APARTMENT COMPLEX, FOURTH AND SPRINGER STREETS Mr. Huff stated that now was the time for final site approval, and SDR-432 referred to the memo from the Planning Director commenting on the Franklin alternate pathway route suggested by Mr. Franklin. Homes Mr. Robbins read the report of the Planning Committee written in answer to the Fradklin Homes letter of March 25, 1969, but asked that the last sentence of the third paragraph in the report be deleted. He added that Mr. Franklin was much concerned about the security of apartment dwellers. The committee suggested fencing, and there was some difference with the Flood Control District, (especially on t~e upper end) but they were willing to go along with the sugges- tion, if the fence were to be portable and could be moved.if the waters backed up. Regarding Franklin putting in the path~ay-it would be fair to deduct costs from the park fees, and it also made more sense if the entire path was put in at one time to Hakone, especially since the ~odrigues apartments would come along later. The committee felt it would be fair for Franklin to pay, and deduct the amount from the park fee, not put in the path himself, but give an easement. Mr. Tyler asked if permission could be obtained from Flood Control re fencing, and Mr. Huff answered that the District had indicated~ in the past, that they were Willins ~ lee she ~i~y construct on land owned in fee, bu~ al~a't specify about an easement. Mr. Mobbing said b~. Franklin felt the path would not be an asset to his development. Mr. Tyler commented that if the city were to grant his request that the path just be an easement dedicated to Flood Control, then we would be giving him nothing, as the City could require the path in the future. City Council Minutes Page 4 5/7/79 Continued Dossa: I'm A1Dossa, attorney, representing Mr. Franklin in this matter, -and we wish it understood that we object strenuously to the report as stated. If the path condition as stated is kept, it will defeat his loan after two years of trying. The nature of the development will be an asset to the city, - de luxe apartments renting from $3007to $400 per month, a $2 million dollar project, of type desirable in'Saratoga. The inward~loo~ing design is a prime selling point for security and privacy, away from public hubbub. The fenced-in area is c~osed off, with the only entrance at the porter's lodge. The manager's apartment is the only one that looks out, and the plan calls for dead-bolt locks, for utmost security. The sticking point with our lender is the creek in the rear with a path open to public ¢grees and ingress, and paths encourage people to enter. We feel the creek with its poison oak is a better psychological barrier. Some of the balconies are near ground level, and people jump in onto the balconies. There is also the problem of noise and invasion of privacy. To have public paths so close to this type development, after searching available f~form~tion, is without precedent in the nation. At consider- able expense, Mrl Franklin is willing to put in a pa.th around the cir- cumference. He has already~spent $77,000, and isI~lso in for an addition- al $26,000 ~or off site improvements. As analte~nate;,' t~e path could be located across the creek, near the commercial area, although Flood Control did not lik~ t~s suggest{on.. It ~o~ld be,'poS~ible to put the path on the othe~ Side~ although it is extremely Steepl There would be less interference with the flood piain, and it is equally accessible, although it is steep in spots. We feel policing would be easier, and it would enhance flow of commercial foot traffic. It could also connect as well between Wildwood and Hakone. We appreciate the committee's position, but we disagree. If we can't work this out, because of the position of our lender, the entire apart- ment development may be lost to Saratoga. Tyler: If we were to grant Mr. Franklin's request that the path be deleted as a condition, it would mean nothing, as he would still have to dedicate the land to Flood Control, and still pay the parks and recreation fee, and the City could still put in the path, so he would gain nothing by the deletion of the condition. Franklin: Dedication to the flood district is different, it's an ease- ment of land to be used for flood Control plain purposes only. If it turns out, because of other adequate storm drains and the like, and the plain is no longer needed, - then the land reverts back to the owner. The City is attempting to use its ordinance in a way that is unfair. Doses: Mr Franklin didn't understand that the fee would be deductible. Franklin: They're trying to get us to pay the fee and still give the land to the flood plain. Tyler: This is a misconception - about land dedication by developers. We realize your position, but we also grant differences in density to make dedication possible, without substantial loss of land to the developer. Franklin: True, we have the density, but because of the flood plain we have had to put our parking underground, at the cost of $150,000 eFtra. Sanders During the CommitteeSeating, Mr. Franklin told me that Flood Control was requiring him t~- ~ee; this was news to me. I~Urnish. Frankl~..n: Flood Control originally asked for easement or fee. But, when I give them the easement, the land reverts back to me if it;s not needed if drainage is otherwise adequate. IIm giving you an easement and shouldn't be required to pay a fee. Sanders: We did state we would deduct costs to you from the fee. Dosaa: I understood there would be deductions. Sanders: Yes. We are concerned also with concepts, we are trying to Saratoga City Council Minutes Page 5 5/7/69 Continued develop a city interlaced with paths for access to all - off highways and streets - for walking. If we start giving in - granting exceptions, there never will be a paths system. We disagree on the meaning of safety and security within the city, and how it is to maintained. Paths are better for this than tangled undergrowth - by keeping surveillance on paths for protection. We can't bend all city requirements just be- cause the lender is unyielding, or unbending. We pointed. out that if the path does become a source of vandalism or burglaries - it will be dealt with. You have to have confidence in the city of Saratoga, as proved by the lender's previous investments here. Dossa: We still feel that poison oak is a better deterrent. It's diff- icult for the constabulary to watch every spot. There would also be foot noise from passersby outside the apartment windows. This was said by the lender in sticking to his point. RQhbins: At the meeting Monday afternoon with Mr. Franklin and Mr. King, it seemed that the intransigence of Flood Control was causing the pro- blem. I had Mr. Huff contact Flood ContrOl and had the impression they would ~end if the fence were portable. pqssa: It may give us a prayer with the lender, but no more than a 60-40 chance. I am unhappy about the cOmpromise,.but d must make this strong application for removal of the condition. Are we still to be responsible for the fence cost? RQbbins: yes. S~tth: (to Mr. Huff) Can you tell us about your conversation with the Flood people? Huff: I asked if the fence in the flood plain could be portable - of the movable type. Flood control was willing to go along - in effect, it would be a fence secured to posts at 10-foot intervals, and could be removed at flood season. ...T~.ler: We're committed to paths, so the alternatives really are: if the path goes along the flood plain on the Franklin side, or on the other side. If the latter, much time would be needed for stt~ty- the number of owners involved, ~ steepnasa as a deterrent to construction would have to be determined and worked out- there are many factors and this alternate needs more study. S~ith: We need a path from Wildwoad to Hakone, I agree, and I also think we need this sort,of apartment development in Saratoga. Dwyer: The rock on which we're grounded is the recalcitrance of the lender. I feel the fence as well as the creek would actlag a deterrent and would be a better psychological barrier. Huff: If we select the opposite path route we would need to acquire easements onthat side. There are also problems of engineering, Tyler: I agree we should check these, but we can't go further on the alternates tonight, unless you don't want final site approval tonight. Huff: The resolution could be conditional upon location of path on either side of the creek. Mr. Franklin could then construct accordingly, and get easements for the opposite path from owners as needed. Dossa: Would. these costs he deductible? Huff: Yes, to the estimate~ amount necessary to install the path on the Franklin side. Franklin: These costs should be deductible from the fee - Actually, I Would be willing to pay up to the equivalent of my parks fee in costs to build a path the full %ength of my property - so long as it's on the other side. If I do put a path in - besides the costs, I~m giving the land also - technically that land plus the fee would cost up to $10,000. Tyler: I don't agree. SARATOGA CITY CIL MINUTES Page 6 5/7/69 Continued Franklin: Wip~ out the $10,000 - even if it costs more,r.-we'll put the path along my property length - on the other side. Thoro's still the question of fence permits from Flood Centroll ~ossa: Could w~ add wording - a condition to the site approval - that if Flood Control denies the fencing - that the path be put in on the other side? Tyler: We can't do that. Franklin: Could we attach a condition to site approval, that when the City puts in the path, and there is a noise and security problem - then this Council would recommend to future councils that the path be closed? Sanders: I believe we could so state without equivocation - that if there is danger to people or to property, the condition would not be tolerated. Franklin: I would appreciate it if the Council could tack on what Mr. Sanders said regarding noise and security, and that future Councils would help me with the problem. Tyler: I. believe it iS the consensus of the Council that we donut intend paths to become a source of noise of dangerto citizens. In this, as in other c~ses, Council would take specific action to correct and delete the pr6blem~ Sanders: I move the CounCil stand en ~he report as ~tated. on the philosophy that it is its own job to abate problems te~i~fe.and property of citizens, and will'so take action as necessary. Smith: Seconded ~he ~!o~ion. (Carried). Robbins: I move adoption of the Planning Committee report. Sanders: I second the motion. Robbins: I move that we delete item ~ from the conditions of tLe resolution. Sanders: I move that we add tendiron E, page Z: "To provide easement to the City of Saratoga for paths with a minimum of 15 feet in width as the Fubllc Works Director shall designate in the .flood plain area. The easement shall extend within the Franklin property from Fourth Street to the southwest boundary of the property (abutting the property of Stoneson), said easement shall favor the creek bank as close as is practicable. Robbins: I second the motion as amended. (carried). Robbins: I move adoption of Resolution No. SDR-732-1, as amended. Dwyer: I second the motion. (carried.) B. SD-766-2 - ~%ESOLUTION APPROVING FINAL MAP OF TRACT NO. 4573 - PRIDES CROSSING UNIT NO. 2 SD-766-2 Mr. Huff sta~ed that all conditions had been met, same as listed Tract 4573 and the resolution was in order for adoption. Prides Crossing ~2 Mr. Robbins moved, and Mr. Smith seconded adoption of Resolution No. SD-766-2; the motion carried unanimously. C. RESOLUTION NO. SD-789-1 - RESOLUTION APPROVING FINAL MAP OF TRACT NO. 4646 - A?ATA Mr. Huff stated the developer had asked relief from improvement of SD-789-1 a portion of the road, not actually ironring on Montelye, and that Tract 4646 this had been agreed to by th~ Council provided he signed an agree- Arata ment to execute and deliver to the city a deed of trust on the 3.993 Acre back parcel of the property. C~CIL SARATOGA CITY MINUTES Pa~e 7 5/7/69 Con~inued Mr. Johnston commented that this was a unique situation, in that the agreement encumbered the land which this street, when built, would service. Mr. Smith moved and Mr. Dwyer seconded adoption of Resolution No. SD-789-1; the motion carried unanimously. D. SDR-796 - A.L. HA,~]SON, DOLPHIN DRIVE - REQUEST FOR RECONSIDERATION OF CONDITIONS This matter is in the hands of the Public Welfare Committee which SDR-796 is not yet ready to report on it. A.L. Hanson E. SDR-798 - M.H. QUICKERT - TWO LOTS - QUICKERT ROAD Mr. huff explained that Dr. Quickart was asking reconsideration of the 18-foot access rod, a condition made difficult by erosion SDR-798 caused by heavy water flow. Dr. Quickerr stated he had no objec- tion to the 18-foot width, that it was essential and did in fact exist, and referred to his letter on the matter for details. He said be- cause of erosion~ the roadway might not exist next year, and was only part of an overall resolution of rules needed in the hills regarding heavy flo~s of wate~ from other properties. The Mayor said a decision could not be made lightly, and in the absence ob objection, referred the matter to the Public Welfare Committee. F. SDR-788 - ~AWRENCE E4 POHLE - REQUEST FOR CONSIDERATION OF CONDITION O~ BUILDING SITE APPROVAL ~E UI~)ERGROUND UTILITIES SDR-788 In the absence of o~]ectton, the Mayor referred the request to the Pohle Public Welfare Committee. G. C-122 - GEORGE OLDHAM -APPLICATION TO REZONE FROM "P-A" TO "C-C" .43 ACRE PARCEL ON THE NORTI~ST CORNER OF THE INTERSECTION OF HIGHWAY 85 AND SARATOGA AVENUE Mr. Huff said the matter was referred automatically to the Council to determine if a public hearinS should be set. In 1967, the C-122 applicant had asked for rezoning to permit construction of a George Oldham new service station, but had withdrawn the application prior to final Council action. Mr. Ed Hinshaw, representing'the applicant, stated that the application was not an appeal from the Commission, denial, but only that it be denied "without prejudice." Mr. Robbins said the parcel was under consideration at present for possible rezoning under the General Plan review and revision, and it was therefore inappropriate to consider it at present. Mr. Hinshaw replied that the parcel came under review during the 196~ GaneTal Plan revision, and that his client was only asking that, if the opportunity presented itself, he might come before the Commission or the Council with new proposals for use within one year. Mr. Johnston said it was 'his recollection that the ordinance always provided that re-application could be made after one year, and denial was always with prejudice, unless otherwise stated. Denial without prejudice meant the applicant could renew actions without hayinE to wait a full year. Mr. Robbins moved, and Mr. Sanders seconded, that denial of C-122 be made, without prejudice. Carried. H. SDR-803 - JERRY JORDAN - BUILDING SITE APPROVAL - ONE LOT ON MICHAELS DRIVE SDR-803 Mr. huff stated that all conditions had been met, and he was Jordan recommending grant of final building site approval. -7- Saratoga City Council Minutes Page 8 5/7/69 Continued Mr. Robbins moved, and Mr. Sanders seconded, adoption of Resolution No. SDR-803-1; the motion carried unanimously. I. SDR-807 - JOHN D. JOHNSON - THREE OAKS gAY - REQUEST FOR EXCEPTION OF CONDITIONS After brief discussion, in the absence of objection, the Mayor SDR-807 referred the matter to the Public Welfare Committee. Johnson J. SDR-815 - JAI~S SANDERS - ONE LOT - VALLE VISTA DRIVE Mr. Huff stated all conditions had been met, and he recommended final SDR-815 building site approval. Sanders Mr. Smith moved, and Mr. Robbins seconded approval of tentative map for SDR-815, and that Resolution No. SDR-81~-I be adopted; the' motion carried. Councilman Sanders asked that the Minutes note he abstained from voting. K. RESOLUTION NO. SDR-809-1 - RESOLUTION APPROVING BUILDING SITE OF DARKEL DUKES - ONE LOT ON PEACH HILL ROAD SDR-809-1 Mar. }hff said that all building site requirements had been met, and Dukes he recommended adoption of the resolution, Mr. Smith moved, and Mr~ Nobbins seconded adoption of Resolution No. SDR-809-1, and the motion carried Unanimously. L. RELEASE 5F MONUMENT BOND, TRACT NO. 4345 Mr. Huff stated that Mr. Shook had checked, and all was in order, and he recommended release of the monument bond, Tract No. Release of Monument Bond Mr. Robbins moved and Mr. Sanders seconded, release of Monument Tract Bond, Tract No. ~3~5, and the motion carried unanimously. V. PUBLIC HEARINGS A. ORDINANCE NS~3.19 - AN ORDINANCE AMENDING ORDINANCE NS-3, THE ZONING ORDINANCE OF THE CITY OF SARATOGA, BY RESTRICTING USES IN "CN' AND "CC" ZONING DISTRICT TO THE THEREIN-SET FORTH LISTED USES The Mayor declared the public hearing open at 9:25 P.M. Ord. NS-3.19 Mr. Huff stated that the hearing had been duly noticed, and published, and referred to the Planning Director~s report 6f April 19, 1969. He explained that the amendment would essentially clarify and restrict uses, confining the list of uses to those actually listed iu the ordinance. There was uo comment from the audience. Mr. Smith moved and Robbins seconded that the hearing be closed; in the absence of ob- jection, the Mayor declared the hearing closed at 9:27 P.M. Mr. Robbins moved and Mr. Smith se&onded that the amendment to Ordinance NS-3.19, as prepared, be adopted; the motion carried unanimously. B. V-326 - MAUlICE KERNER - HEARING ON APPEAL FROM PLANNINGtCOlt~ISSION DENIAL OF APPLICATION AAVARIANCE TO ALLO~4 A !5 FOOT REAR YARD SETBACK IN LIEU OF THE REQUI~ED 25 FOOT REAR YARD SETBACK FOR CON- STRUCTION OF A FAMILY ROOM ON THE PROPERTY LOCATED AT 12791 lORE CT. Mr. Huff referred to the Planning Commission report dated April 1969, denying the variance, and to letters received from Mr. Kerner V-326 and from Mr. & Mrs. John L. Ostrowski, favoring granting of the Keruer variance. The Mayor declared the public hearing open at 9:37 P.M. Mr. Kerner referred to his letter of appeal, and added that he had the endorsement of all his neighbors to add the room to his house. He also ~uestioned the fact that only Commissioner Crisp had signed 'Saratoga City Council Minutes Page 9 5/7/69 Continued the variance committee report. The Mayor clarified the latter report in light of normal Planning Commission procedure. On the question of "hardship", Mr. Tyler explained that in cases where an owner would be prohibited from building because he had only nine-tenths instead of full acre, or if because of local hillside contours a variance was needed, that these examples would be considered hardship. He added that the Council, like the Commission, had to act within the framework of the ordinance, and make findings accordinly. Mr. Norman Martin, speaking from the audience, stated that while he was not inclose priximity toMr. Kerner's home, he wished to point out that a separate, free-standing structure could be built under the ordinance, so long as it had no kitchen, and could legally be closer to the property lines than if the variance were granted. Mr. James Lovely and Mr. Altman, neighbors, also spoke briefly in favor of granting the variance requested by Mr. Kerner. Mr. Robbins move~ and Mr. Sanders seconded that the public hearing be closed for the evening~ and continued to the next regular meeting. The motion carried. In the absence of objection, the Mayor referred V-326 to the Planning Committee. The Mayor declared a recess at 9:49; the meeting resumed at 10:12 P.M VI. ADMINISTRATIVE MATTERS A. MAYOR 1. Mr. Tyler reported that annexation of the Congress Springs Area was "dead" since the Registration of Voters check showed owners of 86% of the property and 40% of the registered voters were opposed. He thanked Mrs. Marjan Weiser for the letter from the League of Woman Voters, and also the League for their endorse- ment of the proposed annexation. 2. The Mayor reminded the Council of the June meeting of the County Taxpayers Association. 'B. FINANCE 1. Payment of Claims Mr. Smith moved and Mr. Robbins seconded that Warrants No. 10873 through 10928 be approved for the total disbursement of $29,399.35, and that the Mayor be authorized to sign the warrantp; the motion carried unanimously. 2. Mr. Huff offered the 1968-69 Third Quarterly report of the City for consideration; it was read without oral comment ~y the Council. C~ COUNCIL COMMITTEES AND REPORTS 17 Planning Committee - Request for Park Land Fee Credi} SDR-764 Mr. Robbins read the committee report recommending studyof the issue, and added that there were some policies to be looked at, including SDR-764 those for guidelines for granting or refusing such ~red~s, and if they felt within ordi~auce provisions. In response to ~e Mayor's question if the ordinance required that recreation area~Tbe kept open to public use, Mr. Huff answered that the Council could allow such areas to be kept private, if it were deemed in the public interest. In the absence of objection, the b~yor referred the question of credit for park land fees be referred to the Planning Commission and to the ' Planning Committee for joint study. 2. Planning Committee - Santa Cruz Mountain Study Mr. Robbins read the committee report recommending that the City participate in the Santa Cruz Mountain Study effort prepared by the planning departments of the County ~nd of the cities of Los Saratoga ' ' tes Page 10 i Gatos, Monte Sereno and Saratoga, and that the Council authorize an Santa Cruz expenditure not to exceed $5,000 as the City's share. He also re- Mountain ferred to the preliminary study attachments, and said that the effort Study might be the basis for development of a kind of master plan for future development. Mr. Waller commented that the effort represented an intent to work towards one common proposal, to coordinate and integrate zoning and other controls, and that specifications, if developed, could possibly be incorporated into the city's General Plan, for mapping, laud uses and other potentialS~ such as basic guide lines for building on steep slopes. Mr. Smith said he found the proposal consistent with General Plan goals of area planning. Mr. Dwyer Said he was satisfied the study would not duplicate other efforts. Mr]-Rohbine moved and Mr. Sanders seconded that the Council authorize cne expenditure of not more than $53000 as Saratoga's share of the cost of the study, and that the'amount be included in the City's 1969-70 budget. The motion carried 'unanimously. 3. Planning Committee - Tract 4673, Tentative Map Approval Mr. Robbins read the committee report noting that approval for Tract Tr. 4673 4673 required two access roads, one of which was a minimum access Authorizing road across an adjacent property where the owner refused to grant Eminent a right-of-way. Domain He added that since there was no other logical place to locate the road, the Committee recommended that, if necessary, the City exercise its power of eminent domain against the required property, with total cost of proceedings to be borne by the developer. He noted that per- haps the report itself might be sufficient to obtain the right of way from the owner, and that proceedings might not be necessary. Mr. Robbins moved and Mr. Smith seconded approval and acceptance of the Committee report on Tract 4673; the motion carried unanimously. 4. Public Welfare Committee - SDR-764 - Saratoga Foothills Develop- ment Co. re Oversize Storm Drain Construction Credit. Mr. Smith read the Committee report prepared by the Committe~. SDR-764 In response to a question by Mr. Sanders, Mr. Huff answered that this Storm Drain was not quite standard procedure, but seemed a fair way to settle Reimbursement the matter. Mr. Smith moved approval of tl~e Committee report, whereby the City would pay Saratoga Foothills Development Co. $3,272.40, representing 75% of the fees previously collected from the area; Mr. Robbins seconded, and the motion carried unanimously. 5. Public Welfare Committee - Police Study Mr. Smith read the report, adding that the study recormuended represent- ed one more step in search of wasy to improve policing in Saratoga, and that Campbell Councilmen Smeed and Doetsch and City Manager Campbell- Stephens had not met with the Public Welfare Committee on the matter. Saratoga Upon receipt of a formal request from the Saratoga City Council, Police Campbell City Council will authorize Campbell Police Chief Morgan Study to proceed with a study of joint police efforts among West Valley cities. This study will concentrate on analysis of cost~ service level, and questions of control. Mr. Smith moved that the City ~dministrator be directed to request the Campbell City Council to authorize the conduct of the policy study by Chief Morgan; Mr. Robbins seconded, and the motion carried unanimously. 6. Proposed 1969-70 Rate for Sheriff Patrol Services Proposed Rate Sheriff Patrol Mr. Huff referred to the letter received from County Analysist Hans, Services indicating that rates for patrol services would be increased to $13.17 ~ SaratOga City~Ucil Minutes ~age 1I 5/7/6~'Cohtinued '. per patrol' hour, up from.the present $11.93. In the absence Of ob- ]oction, the Mayor directed Mr; Huff to confer with the copn~y on the matter. 7~ Public=Wel£are Cou~aittae..- Creek.in.-.SarahilXs gubd'ivision ' Mr.- Smit~ read ehe tePor, t~ recommending that work be accomplished to .... instaii'a etor~dra~ far approximately 160 feet upstream from the Creek in inlet to the pipe carrying the creek uudet Sarahills Drive]2Mr. Huff .Sarahil~ At~a stated the money had been allocated iu the bUdget for general storm '~ d~ain work. Mr. Robbins moved adoption of the Committee r~port; Mr. Smith seconded and the report carried unanimously. D. DEPARTMENT HEADS At~ OFFICERS 1. /kiministrative Assistant ; Mr. Higby explained the situation at Hakone GardenS, where irriga- tion pipe for watering the Erounds and some ~eans ofintercepting 'underground water flow are required. He added tha~ he asked the two problems be considered together, and tha~ ehe~e was the possi- bility that underground sprin~s might be ~he-source of the excess ~ater, not leaking from the garden pondS; Nr~ RObbins said this Hakone was a matter that might be ~efe~red to C~mmi66~e, Hr..T~ler tomanted Improvements that there might be an accident from falll~g on the lot, for ~ich the City would ~e liable. ~. Higby s~id 6he estimate was about $542.00 for checking the flo~ across the lot. Intercepting the sunderground flow and $102~; for installing the required water line. Fir. Rdbbins moved and Y~c. Sanders seconded t~ae the expenditures be authorized, subject to review and approvai by the Management'Cowanittee; the motion carried unanimously. gaste Mr. Higby also reported thac 21 trash receptacles, of the type ap- Receptacles proved, had been installed at various locat{ons in the city. 2, City Attorney Johnston said all his re~orts'Vere in writing, and added that the settlement reached at 1I:30 this morning in the Kline matter represented a Sum about $6,000 less than their appraisal; in the matter of the settlemen~ of $850 over the city's.~original Kline estimate;the had asked that the; dgreement Stip~late 'the!fact that Property the difference was due to the lhndscaping costs, .and did not reflect upon the city's original evaluation of'the land ~alue, ~hich remained unchanged. ~ ~ · E: CITY ADMINISTRATOR ~ . "1. lit. Huff re£erred to the letter of the League of ~oaen Voters .. on the proposed Congress Springs annexation, and that t~e issue would League of probably aome up again. Mr; T~ler expressed appreciatipn.of the League Women Voters actiop, especially for the presence of Mrs. 0ttenberga~ the ~arious meetings on the annexation. 2. Nr. Huff referred to letters about gatherings in ~ildwond Park '.. £romNr. & Mrs.'gest'br~ ~dd £rom N.r. Stephensen of the Village H~ppie Merchants Ab~Ciae{on. Mr. and ~irs. Dale gestbrook and!Mr. Joe problem at Foster, owners o~ resldential property near the park; a~d N~r. and ~ildwood Mrs~ Lee Stephensen, Mr. Kirby Kasebolt, ~ir. & MrS. Both and Mr. Sam Hernandez', lterchants in the Village, spoke in tun !tom the audience, listing "hippie" types on recent weekends in Park, .citing instances of minors using liquor, and of p~obably drug' consumption and sale on the premises, and asking the City to take steps to correct the situation. ' The; Ma~or explained that he had spent several hours observing the situation, much of which could be attributed to false adver~isiag over San'Jbse Radio station KSJO, and by the Kaleidescope Bookshop; 'that th~ city manager-had asked the FCC office in San FranCiscoto intervene, but the office did not have the po~er; and that finally a responsible o~ner of the station had been contacted, and the ad- vertising ceased, but by then ~he damage had been done. He added that the City recognized the problem~hich inclndnd the CITY OF S Page 12 ed fact that too many people were in the .park, and that they kept coming; that Wildwood was essentially a neighborhood.park, not meant to accomo- -.date large crowds; ~hat there were problems of traffic and parking; that there was possibly the use of drugs, and certainly of wine; that sanitation was inadequate; that the park h.,d never officially been opened, and the delay was due to park redesign for the Flood Plain lake; and that it should be clearly understood that Saratoga was not officially recognizing "he-ins"; that there had been conferences with Saratoga youth on this matter; and that finally, if conditions continued, as a last resort the park might be closed. In the matter of policing the area 'over webkends, the City was con- sidering possible hiring off-duty deputies who could patrol on foot; that perhaps three could be hired to provide additional surveillance and control. Mr. Huff noted that toilet facilities, were available which could serve up to a maximum of 160 people. C.D. Matron, field enforcement supervisor for the Sheriff's Department, said that: . manpowe~ coverage for the city had been substantially in- creased, and that about 200 man-hours per month over and above the city contract was being supplied; that vagrancy and public loitering laws had become increasingly unenforceable during the past 15 years, primarily due to court interpretations; that at least two confirmed "buys" of illegal drugs had to be obtained before proceeding with arrest of offenders; that in regard to response for calls for illegal trespass, especially in the case of absentee owners, that the officer could respond only to charges specifically placed by the owner, not by neighbors; in reference to the number of police needed, ~ccording tO national standards on population, Saratoga would need about 21 men. Youths in the audience said that the group had cleaned up the park after their gatherings, And expressed disappointment that there were so many complaints voiced ~ut so few constructive solutions proposed by the complaintants. Mayor Tyler stated he felt the Council had received the citizen's message, thanked them for their attendance, and added that the City would continue to try to control the situation. Mr. Sanders, addressing the youth, asked them for help to stamp out the "henries"., adding that all in the City would lose certain free- dome when crime becomes rampant. 3. On the removal of the "old Marsh house" in Wildwood Park, Mr. Huff reported that he recommended letting the contract to demolish to removal of Bothella and Perez. Although other bids had been submitted that were "old Marsh somewhat less, they owned the jacks under the house, and that this H use" would in the end he less expensive. o Mr. Sanders moved and Mr, Smith seconded ~hat the firm of 3othelia and Perez, house movers, be awarded the bid to demolish the house for the bid sum of $680.00; the motion carried unanimously. VII. CO~GIUNICATIONS A. WRITTEN Employees 1. Mr. Huff referred to the letter dated May 5, 1969 from the City Association Employees Association. Without objection, Mayor Tyler referred it letter re to the Management Committee. salaries 2. He introduced Mr. Martins letter regarding relationship of city Martim to enforcement of subdivision deed restrictions within Prides Crossing letter tract. Mr. Johnston remarked that restrictions written into a tract's re !I dead restrictions were not enforceable by the city, only by individuals Tract in a tract. Mr. Martin said he was also appealing to the Planning Restriction Commission for consideration of thep,~oblmm, on the basis that there might be violations of privacy or of open space by accessory structure. 3. After some discussion of the advisability of hiring off-duty Wildwood deputies to patrol Wildwoad Park and parking areas over weekends, Mr. Patrol Smith moved and Mr. Sanders seconded, that the City hire three unifor med deputies to patrol Wildwood Park on Saturday, and the motion S~ratoga Ci nci Page 13 carried unanimously. 4. Mr. Huff noted the receipt of a letter from Mrs. Evelyn Hester of 15015 Karl Ave. on the danger to birds from the modesto ash tree: spray program, and of a petition bearing about 133 signatures of residents asking consideration of a park. in the Saratoga Gardens- Quito Park area. VIII. ADJOURNMENT In view of the lateness of the hour, Mr. Smith moved and Mr. Dwyer seconded that meeting be adjourned, and the Mayor so ordered at 12:54 P.M. Respectfully submitted, J2 R. Huff, City Clerk