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HomeMy WebLinkAbout04-15-1970 City Council Minutes CITY COUNCIL MINUTES TIME: APRIL 15, 1970 - 7:30 P.M. PLACE: COUNCIL CHAMBERS, 13777 FRUITVALE AVENUE, SARATOGA, CALIFORNIA TYPE: REGULAR MEETING I. ORGANIZATI ON A. ROLL CALL - The meeting was called to order at 7:30 P.M. and all Councilmen were present. B. MINUTES - Moved by Mr. Robbins, seconded by Mr. Sanders that the minutes approved with the following amendment: "It was the consensus of the Council that we look toward controlling this type of con- struction. The Mayor directed that the Planning Commission investigate the desirability of requiring Use Permit and/or imposition of height limitation, and design control on towers and antennas and suggested that the approp~fate committee of the Planning Commission meet with the appropriate Council committee in this connection," and that the reading be waived. Carried and so ordered. II. BIDS & CONTRACTS A. EASEMENT AGREEMENT - ROBERT W. MIST & FRANCES M. FAUS EASEMENT This was a non-agendized item. Mr. Huff reported that this was an AGREEMENT - easement agreement for storm drain easement between Park Drive and MIST & FAUS Wildcat Creek and a consideration of acquisition of this easement is resurfacing of the Mist driveway, which staff feels is fair for all parties concerned. Approximate cost is $750.00. The approximate cost to purchase this easement would be $1,200.00. The method of financing the project has not been finally determined. In response to a query from Mr. Robbins, Mr. Johnston stated that executing this agreement would constitute commitment on the part of the City to comply with its terms whether or not the city used the easement. Mr. Smith felt that the real difficulty is whether or not the City is going to continue the policy of sharing constructionscosts and whether or not we are going to put an approximate burden of $6,000.00 on the property owners or whether we can ask them to contribute what would normally be their storm drain fee. Any solution will depend upon the cooperation of the adjacent owners. In response to a question from Mr. Sanders as to how many other situations like this the City might expect to encounter, Mr. Shook replied that this is one of very few similar situations that exist in the City. The problem is related to a sag in the road causing stormwater to flow through these properties. Without objection, the matter was referred back to the Public Welfare Committee for report at the next regular meeting of the City Council. B. SARATOGA AVENUE WALKWA~ c~NOTICE OF COMPLETION SARATOGA AVENUE Mr. Huff recommended that construction of Saratoga Avenue Walkway be WALKWAY - NOTICE accepted and that a Notice of Completion be filed. Moved by Mr. Sanders OF COMPLETION seconded by Mr. Robbins; carried and so ordered. III. PETITIONS, ORDINANCES & FORMAL RESOLUTIONS A. RESOLUTION NO. 530 - Accepting Offer to Dedicate Property for Street Purposes - Cody Lane RESLN. 530 Mr. Huff reported that this was the acceptance of an Offer of Dedication ACCEPT. OFFER for a segment of Cody Lane which was not offered three years ago ~ j~ CODY LANE. with the balance of the area on Cody Lane. He recommended that this resolution be adopted accepting the dedication. Moved by Mr. Smith, seconded by Mr. Sanders for adoption of Resolution No. 530. Carried and so ordered. CITY COUNCIL MINIFEES APRIL 15, 1970 B. ORDINANCE 38.34 - Ordinance Amending Saratoga City Code by Amending Table 3-A of the 1964 Uniform Building Code Therein Adopted by Reference Relating to Building Permit Fees. OR/). 38.34 Mr. Huff stated that this was the time for adoption of this ordinance. ENDING TABLE It was introduced and the reading waived!~i~;e~the previous meeting. 3-A - UNIFORM Moved by Mr. Sanders for adoption of Ordinance 38.34, seconded by Mr. BUILDING CODE Dwyer; carried and. so ordered. C. RESOLUTION NO. 531 - Resol~t~on~R~garding Statement of Position of South Bay~Sewage_D~schargers to the San Francisco Bay Reg{o~a~-Water Quality Control Board RESLN. 531 Mr. Steve Goodman, Manager, Sanitation District ~4 addressed .the Council~ SOUTH BAY He apologized for the brief time allowed for review of this resolution. POLLUTION He explained that Sanitation District ~4 contracts with Santa Clara and CONTROL San Jose for capacity in their joint Water Pollution Control Plant. This plant represents about a 34million dollar investment, with an annual operating cost of two million dollars. The districts' share is around 10%. The plant also provides service for Santa Clara, San Jose Sanitation Districts 2 and 3, and Cupertino Sanitary~District. Basically, the agreement calls for removal of about 90% of the pollutants as it reaches the plant. The plant has been achieving approximately 88% removal. Heretofor the Regional Water Quality Control Board has been satisfied with the progress that has been made. Mr. Goodman explained that there had been considerable improvement in the South Bay in the last twenty years, however, with the advent of publicity and the general demand by the public on the State and various agencies to clean up the environment and with the enactment of the Porter-Cologne Act which~7~ives the Regional and State Board more punitive powers, there has been an acceleration of pressure to bring about immediate compliance with the Board's standards. A consideration of a building moratorium is coming up before the Board on April 23 which would include the City of Saratoga. Last Thursday night, a Committee con~osed of the following South Bay dischargers met: Palo Alto, Milpitas, San Jose, Union Sanitary District, Valley Commu,,pity Service District, City of Livermore, Pleasanton, Menlo Park, Santa~Clara County and Alameda County. The Committee adopted a policy statement urging study of alternatives to implementation of Phase I of the Kaiser B~y-Delta Report. This proposal, put forth by the Regional Water Quality Control Board, would mean an investment of approximately 200 million dollars, of which San Jose's share would be $120 million and District ~4 would be obligated to pay $12 million (present district investment is approximately $3~ million). In addition, there is no assurance that this. planwill work. Mr. Goodman pointed out that in 1968, approximately $2~ million dollars was appropriated to study the Bay Delta Problem. He felt it was impera~i_ve that some checks be put up with respect to what the Regional:~ater~QU~lity Control Board proposes to do. He expressed his willingness tO meet with sub committees of the Council. Mr. Dwyer felt it was important to urge the Board to take time before making this decision and he strongly favored the resolution. He alsp referred to the improvement of the Bay within the last twenty years. At the present time the average cost per resident is about $50.00 per year for sewage collection and disposal. If the outfall proposed in the Bay Delta Plan was required, Mr. Goodman estimated it would increase by about $40.00 to $90.00 per year or almost double the present cost of ~s~e;disposal and collection. Moved by Mr. Smith for adoption of Resolution No. 531 with a reconmendation for ongoing study by a council comnittee. Seconded by Mr. Sanders; carried and so ordered. Mayor Tyler suggested that interested councilmen attend the meeting on April 23 at 10:00 a.m. If no councilman can attend, a member of the staff will represent the City at the meeting. - 2- CITY COUNCIL MINUTES APRIL 15, 1970 IV. SUBDIVISIONS, BUILDING SITES & ZONING REQUESTS A. SDR-712 - JERRY JORDAN - 1 Lot, Michaels Drive - Continued from 4/1/70 SDR-~12 Mr. Huff reported that at the last meeting Mr. Walker asked that CONDITIONAL this site approval be continued because of a problem on the BUILDING SITE minimum access road. Mr. Jordan has requested that we proceed APPROVAL - with Final Site Approval and Mr. Huff recommended that Council JERRY JORDAN adopt a resolution for final site approval subject to completion of the minimum access road, payment of the hydrant rental fee and installation of a fire hydrant at the turnaround. Mr. Huff stated that this is a five year rental payment for the fire hydrant. A letter from the Fire District outlining this require- ment is on file in the City offices. Moved by Mr. Robbins for adoption of Resolution No. SDR-712-2 granting conditional final site approval subject to tDe above conditions, seconded by Mr. Smith; carried and so ordered. B. SDR-827 - JAMES T. & MARNA C. ARNOLD - Release of Assigned Savings Account SDR-827 Mr. Huff reported that there was a recommexidation from the RELEASE OF BOND Director of Public Works that the work required in connection with this site approval has been completed and recommending release of the bond. ~ Moved by Mr. Robbins, seconded by Mr. Sanders; carried and so ordered. C. TRACT 4536 - Release of ~onu.ment Bond TR. 4536 Mr. Huff reported that the Director of Public Works had recormuended RELEASE OF that the monument bond be released, Moved by Mr. Robbins, seconded MONUMENT BOND by Mr. Smith; carried and so ordered. V. PUBLIC HEARINGS A. MANOR DRIVE PARK MAINTENANCE DISTRICT - Continuation of Hearing on Formation of Manor Drive Park Maintenance District. MAYOR TYLER OPENED THE PUBLIC HEARING AT 8:45 P.M. .MANOR DRIVE Mr. Huff reported that he had a letter from the Manor Drive PARK MAINTENANCE Homeowners Association announcing that a homeowners assgciation DISTRICT has been formed with Frank Schork as the new President. In effect, the Association wants to handle this matter in a fashion similar to that used on Fredericksburg Drive Park Maintenance District. Mr. Huff stated that Resolution No. 518 is drawn up to exclude the Lyngso~property. The Committee reconmends that the Lyngso property be excluded if we can obtain a commitment from Mr. Lyngso that he will landscape and maintain his frontage on Manor Drive which the committee feels would contribute more to the appearance of Manor Drive than would Lyngso's participation in the Park Maintenance District. ~o~e~2~Mr75:Smi'~h~-s~n~b~.~.-Sanders to close hearing and a~r~c~ffcil int~<to'adopt~res6~utlon forming district at next regular iCity Council meeting. Carried and so ordered. MAYOR TYLER CALLED FOR A RECESS. THE MEETING HECONVENED AT 9:20 P.M. VI. ADMINISTRATIVE MATTERS ~ A. MAYOR I.C.C. Mayor Tyler stated that at the last meeting of the Mayor's ORGANIZATION Committee of the Inter-City Council it was suggested that the operation of the I.C.C. could be;improved by consolidating the positions of I.C.C. President and Chairman of the Mayor's - 3 - CITY COUNCIL MINUTES APRIL 15, 1970 Connnittee. The Mayor's Committee endorsed this recon~nendation on the grounds that it would streamline organization and provide for more effective coordination of the committee work with that of the I.C.C. Mayor Tyler recommended that Saratoga go on record as favoring~the combining of the positi~o~s~o~f ~pe President of the I.C.C. and Chairman of the Mayor's Comm~ ttee,?~an_d~-_o~h~r~bffiqers, as applicable. The Council concurred with this reeommenda~iBfi~d:~he staff was directed to so inform the I.C.C. B. FINANCES 1. Payment of Claims Moved by Mr. Robbins, seconded by Mr. Sanders for approval of disbursements dated April 15, 1970, totalllng $51,212.33 and that the Mayor be authorized to sign them. 2. City Clerk's Financial~Report - Noted and filed. 3. Treasurer's Report - Noted and ff~ed. C. COUNCIL COMMITTEE AND COMMISSION REPORTS TRACT 4673 I1. Emergency Access - Pedestrian Pathway: Tract 4673 (Knapp-Nettesheim) KNAPP- ~. NETTESHEIM Mr. Robbins reported that the Planning Conmittee and the st~ff had MINII~JM studied this problem at length with the developer and with the Knapps ACCESS and Nettesheims, o~rners of the properties which lie beaten the sub- ROAD division boundary and Surrey Lane. They sought a solution which would meet with the approval of both the Knapps and the Nettesheims, but unfortunately fell short of this goal. Therefore, they selected a plan which was presented to the Council to provide the required access and pedestrian walkway facilities. The Planning Committee recounnended that the CounCil a~rove this plan, and direct the developer to proceed immediately to construct the emergency access road, the pedestrian pathway, and appurtenant facilities in accord with the plan. The Committee further recommended that the C~y assume responsibility for maintenance of the wallcway upon expir~ian_~ of the developer's maintenance obligation and that the City~nd~mnify Knapp and Nettesheim from liability arising from public use of the walkway. Mr. Robbins pointed out that the City had looked at all the plans and felt that this was the best one and as equitable as possible for both parties. Both Mr. & Mrs. Knapp and Mr. & Mrs. Nettesheim were present and each had submitted a letter dated April 15. Mrs. Nettesheim asked for reasons as to why this particular plan was chosen and voiced several objections to the plan:~ submitted by the Planning Committee. She felt there were traffic hazards involved and that pedestrian and vehicular traffic would be using their driveway in error. She was particularly opposed to horses on the walkway, and stated several times that she felt the plan to be more favorable to the Knapp property. The City Attorney explained that there is a 50 ft. wide private easement, 25 ft. of which is on the Knapp property and 25 ft. of which is on the Nettesheim property. The plan shows both the pathway and the proposed minimum access street as being within the ~easement. In addition, as to the 25 ft. on Mr. Nettesheim's property.;~ there is a recorded document which provides that there will be a dedication to the City for street purposes if the improvements are acceptable to the City. The Walkway phase of this, of necessity, is a,-public thing so that the only place it can legally be located is on the Nettesheim 25 ft. The minimum access street is a private roadway and, of necessity, must exist on the private right-of-way. The Committee recommendation complies with the restrictions imposed by the status of the rights of way. With regard to the Nettesheim-Pittman agreement, Mr. Johnston pointed out that the contract provides that the Nettesheims will convey title to Pittman at such time as the developer (Osterland) says that they want to dedicate for street purposes. Street purposes include sidewalks and pedestrian right-of-way purposes. The condition is that the improvements mast be acceptable to the City. - 4 - CITY COUNCIL MINUTES APRIL 15, 1970 Moved by Mr. Robbins, seconded by Mr. Smith for approval of the Planning Committee Report dated April 15, 1970; carried and so ordered. 2. Conmunity Action Program COMMUNITY Mr. Smith reported that this pertains to a letter from Victor Calvo, ACTION Chairman of the Board of Supervisors with regard to application for PROGRAM recognition of the Community Action Program. They are asking ehe City to endorse or indicate approval that we want tO be included in the proposed community action =~e~j]j~Mr. Smith felt that the City should become part of the overall plan and show our continued interest in county-wide projects and what happens on a county-wide level. Moved by Mr. Robbins, seconded by Mr. Smith for adoption of the Public Welfare Co~,-~ tree report dated April 15, 1970. Carried and so ordered. 3. Tract 4536 TRACT 4536 Mr. ~Robbins reported that this had been referred to the Parks and Recreation and Planning Commission. The Planning Comm/~conclusion is that there should be a sidewalk on the west side of ArrOyo de Arguello which would connect with the undeveloped land to the south of this particular subdivision. T|~is walkway would lead to an easement to the high school. The locationof the sidewalk would be at the foot of the bank and adjacent to the curb. There would be relatively little disruption of people's landscaping and it would be within the existing right-of-way. The Committee has met with Mr. Muir and he is agreeable to this. Moved by Mr. Robbins, seconded by Mr. Dwyer for approval of Planning Committee report dated April 15, 1970. Carried and so ordered. D. DEpARTMeNT HEADS AND OFFICERS 1. Quito Road Overlay QUITO ROAD Mr. Shook reported that he had a memorandum directed to the City Manager OVERLAY concerning the Quito Road overlay. This was proposed last year and because of the lack of storm drainage in the area we determined to construct a storm drain prior to the placement of any capping on Qulto Road. In the meantime the County prepared a joint jurisdiction agreement between Saratoga, San Jose and the County of Santa Clara for a project which meant the capping of Quitowith 3" of AC. Because of the existing cross section and the problems we have had with drainage, merely capping this road would not result in.sufficient benefit to the City.but would still result in a drainage problem. The Public Works Department has proposed that additional work be done to provide a suitable crow~.so there would be adequate drainage to.the 'storm drain we have just constructed. This involves about a $6,000.00 increase to the project cost which, the County contends should be borne entirely by Saratoga. This would increase our cost to $10,000.00. The City of San Jose is not involved in this par~cular reach of the roadway. It was Mr. Shooks' recon~nendation that even if the City were unable to negotiate any assistance from the County the Council should authorize the plan~ and contract to be drawn with'ithis modification because it is imperative that the roadway be built up to provide for drainage. Moved by Mr. Sanders, secoraed by Mr. Smith to authorize preparation of plans and contract for approval in accord with the Director of Public Works' report dated April 15, 1970 and that negotiations with the County directed toward obtaining County participation in the extra cost continue. E. CITY MANAGER CABLE 1. Mr. Huff reported that there was a letter from Nationwlde Cablevision T.V. accepting the terms attached to the time extension granted on March 4 shbject to revision of the terms in accord with their letter. i~=In additionwritten confirmation of acceptance of the same terms was received. Mr. Huff had a notification from the Planning Department that the Planning Commission did ~ote to approve a variance to permit installation of an overhead cable from the head end to the intersection of Norton and Bohlman Roads. Moved by Mr. Smith, seconded by Mr. Sanders that the City Attorney be directed to prepare an amendment to the CATV Ordinance to conformwith the variance that was granted. Carried and so ordered. - 5 '- CITY COUNCIL MINUTES APRIL 15, 1970 Mr. Day Carman stated that the terms were acceptable to the Corporation and that he would have a corrected ratification in~rriting forwarded to the City offices with a copy to the City Attorney. 2. Mr. Huff reported that the minutes of September 3, 1969 had referred to the right of appeal from Planning Commission decisions concerning '- the time limpet imposed on conditional zoning and asked for the Counnil's direction. Without objection, referred to the Planning Committee. 3. SDR-777-1 - CONDITIONAL FINAL SITE APPROVAL - MICHAEL PESTANA - 1 Lot, Wild.0ak Wayr . Mr. Huff reported that he had an'application from Michael Pestaria for Final Site Approval on Wild Oak Way. The Planning Depa:tment reports that everything is complete except completion of the Record of Survey. A tentative map was filed at the time of development of the subdivision and subsequent widening of Wild Oak Way by the City in cooperation with property owners and Mr. Day. The/i~ments required have been accomplished by the cooperative project and Mr. Huff recommended granting of conditional site approval subject to receipt~ of the record of survey. Moved by Mr. Robbins, seconded by Mr. Sanders; carried and so ordered. VII. COMMUNICATIONS A. WRITTEN 1. Letter from Kent C. Croft, 20626~'Ritanna Court comenting on a situation on the Miljevich property. Without objection, referred to Planning Director for study and report back to the Council on May 6. 2. For information of the CoUncil, a letter to Mr. Shook from the Division of Highways announcigg proposed bridge projects on Big Basin Way. 3. Letter from Tony Canzano, Austin-Garrison Co. submitted for consideration the Ljepava property located on the westerly side of Fruitvale Avenue. The price for the 15.06 acres is $15,000.00 per acre. Without objection, referred to the Parks and Recreation Commission. B. ORAL~ Mayor Tyler acknowledged the presence of Planning~ ssion Chairman Norton; Mrs. Slade, League of Women Voters; Jim N~hgle, Prides Crossing Homeowners Association; Dorothy Parker, Good Government Group; Joe Cowan, P..G. & E.; and Annette DeVinney, P.T. & T. The meeting adjourned at 11:00 P.M.