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HomeMy WebLinkAbout10-21-1970 City Council Minutes SARATOGA CITY COUNCIL MINUTES TIME: WEDNESDAY, OCTOBER 21~ 1970 - 7:3Q P.M. ~LACE: SARATOGA CITY COUNCIL CHAMBERS, 13777 FRUITVALE AVENUE~ SARATOGA, CALIFORNIA TYPE: REGULAR MEETING I. ORGANIZATION A. ROLL CALL Mayor Robbins called the meeting to order at'7:33 P.M. All Councilmen were present. B. MINUTES Moved by ~Councilman Smith, s~conded by Councilman Sanders that the minutes of October 7, be approved with the following amendments: Page 2, Item B, Paragraph 2, first line - Public Welfare Committee should read Planning Conmittee. Page 6, Item C, Para 1 - correct s~ll~ng of A1 Dossa. Page 10, Paragraph 7 - should read: "Moved by Mr. Smith, seconded by Mr. Dwyer that the City Attorney be authorized to proceed with whatever action he deems advisable, including civil action; carried unanimously." Item 4, last paragraph, first line should read: "included in the above $8,000, the material cost ..... ". Last Page, Item VIII, Line 3,'correct spelling of Mrs. Corr. Carried unanimously. C. SPECIAL PRESENTATION TO EXPLAIN THE JOINT PLANNING COUNCIL PROPOSED BY P.P.C. This item was postponed pending further study by P.P.C. II. BIDS & CONTRACTS - None. III. PETITIONS, ORDINANCES & FORF~kL RESOLUTIONS A. ORDINANCE NO. 38.35 - AN ORDINANCE AMENDING CHAPTER 1 OF THE CITY CODE, BY ADDING PROVISIONS AUTHORIZING OFFICERS AND EMPLOYEES TO ARREST PERSONS FOR VIOLATIONS OF STATUTES OR ORDINANCES - Continued from 10-7-70 ORD. NO. 38.35 Mr. Sanders reported that the Public Welfare Committee had been asked to ENFORCEMENT review this Ordinance with the ,City staff. They felt that the enforcement OFFICERS authority granted in the Ordinance, coupled with the use of the new citation Cit ' procedure would improve the y s ability to provide adequate ordinance enforcement. The Committee recormnended adoption of Ordinance 38.35. Moved by Councilman Dwyer, seconded by Councilman Smith for adoption of Ordinance 38.35; carried unanimously. B. RESOLUTION NO. 549 - A RESOLUTION APPROVING CONCEPT OF OPEN SPACE PRE- SERVATION AND SETTING UP PROCEDURE FOR ESTABLISHING AGRICULTURAL PRESERVE RES'LN 549 Councilman Dwyer reported that the Management Conm~ittee had reviewed the AGRICULTURAL procedures set forth in Resolution No. 549 and in view of the mutual PRESERVE advantage to be gained in creation of an agricultural preserve, recommended that the Agricultural Preserve ~iling fee be set at $25.00, an amount designed to cover the cost of processing the application. It was also recommended that the fee for the accompanying rezoning application be established at the same rate required for other rezoning applications which is $200.00. For the information of the audie,nce, Mayor Robbins explained that this was a landmark in utilizing of State l'aws for making open space available in the City. It allows the City to enter into a contract'with an individual to preserve open space for agricultural use. Mayor Robbins noted that there was an application on file from Mr. Vince Garrod, who owns some 200 acres in the County, in Saratoga and in Cupertino, and who has applied to these agencies to establish an agricultural preserve. The City Attorney suggested thai it might be appropriate, since Mr. Carrod had previously filed an application, that the City define that this Resolution is to operate on applications filed following the date of approval. CITY COUNCIL MINUTES - OCTOBER 21, 1970 - CONTINUED It was the consensus of the Council that conditions included in this Resolution would not apply to prior applications. Moved by Councilman Dwyer for adoption of ResOlution No. 549, seconded by Councilman Smith; carried unanimously. C. RESOLUTION NO. 471-2 - A RESOLUTIO~ ADOPTING P~LING WAGE SCALE RESLN. City Manager Huff re~orted that in the past the City Council has had to adopt 47-2 a prevailing wage scale for each Public Works contract which the City entered · PREVAILING into. The Legislature in 19~9, amended the law to provide that the Council WAGE SCALE could approve the prevailing wage rates once a year and publish it once a year and refer to it in the contract documents for any Public Works contracts entered into after the date of adoption of the resolution and publication of the prevailing wage scale. The County Board of Supervisors has asked the cities and School D{stricts which have public projects if they would join with the County in the publication. Under the arrangement, the County will take care of publication and will compile the wage rates and provide each participating agency with a copy. This in itsel~ is a time-consuming function. Cost to the City will approximate $100.00 per year. Mr. Huff recommended adoption of Resolution 471-2 wh{ch does establish the prevailing wage scale as compiled by the County and authorize them to cause the Scale to be published. Moved by Councilman Smith for adoption of Resolutio~ No. 471-2, seconded by Councilman Sanders; carried unanimously. D. RESOLUTION N0. 440-1.2 - A RESOLUTION AMENDING TIME LIMITS FOR UNDERGROUND UTILITY DISTRICT 2-A (440-1.1) E. RESOLUTION NO. 477-1.2 - A RESOLUTION AMENDING TIME LIMITSAFOR UNDERGROUND UTILITY DISTRICT 2-B (477-1.1) RESLNs. City Manager Huff reported that both of these resolutions applied to the 440-1.2 Underground Utility Districts on Verde Vista. These resolutions are to 477-1.2 extend the time limit for installing the~underground facilities to March 1, UiG.U. 197'~, and the time limit for removal of poles and overhead wires to March DISTRICTS 31, 1971. This is a second extension. 2A & 2B Moved by Councilman Dwyer for adoption of Resolutions No. 440-1.2 and 477-1.2, seconded by Councilman Sanders; carried unanimously. IV. SUBDIVISIONS, BUILDING SITES & ZONING REQUESTS A. TRACT 4892 - CAL WEST COMMUNITIES, INC. - FINAL SUBDIVISION MAP APPROVAL (RE-SUBDIVISION) TRACT 4892 City Manager Huff reported that this was the final map based on the revised CALWEST tentative map which was approved by the Planning Commission recently and endorsed by the Council at its last meeting. This is the t~me for approval of the final map by the City Council. The Agreement supported by bonds posted in connection with the original final map whiqh Shows this property as one single parcel, remain in full force. A1.Warnick, President, Cal West Cor~aunities stated that under the condominium concept they had deeded the cormnunity facilities into a Homeowners Assodiation. Therefore, Lots 3 and 4 will be deeded for the benefit of the residents. Lots 1 and 2 are primarily for facilitating dealings with the Real Estate Commissioner in that he requires that 6~/o of th~ units be sold before you are able to close and give title to the first owner. The interior streets are private.and will be maintained by the Association, however, they are being built to City standards. hef~xoae~Crty~rtorney.sra~drth~t't~l~s~'e-sub~ivxsxon, .however, ~he~e~iO~ LT"J ~ ~'~_~ have already signed theirimpr6vem~nt agreement and they a~e bonded. He asked for a verbal agreement from Mr. Warnick that this new map in no way affected the '~ isting agreement and bondS. .'i- .' ,~ . · . .' .' · rr~a~rninzkTa~sured the CoUncir'that'the agre~ra~nt-wii~l--be~unaffe~t~d-~he change. Moved by Councilman Sanders for adoption of' SDR 857-2, seconded by Councilman Smit~; carried _unanimously. - 2 - GITY COUNCIL MINUTES - OCTOBER 21, 1970 - CONTINUED Councilman Sanders stated that it had come to his attention that one of the operations is bonded by a Company which is not licensed in the State of California. He asked whether we had adopted standards for reserve position~ licenses, etc. There is a standard of rating according to size and performance. Without objection, Mayor Robbins referred this matter to the Management Cormnittee. B. C-133 - M.W. FRAZIER, SARATOGA AVENUE & COX AVENUE ~ APPLICATION FOR CHANGE OF ZONING FROM "~' (AGRICULTURAL)'TO "C-N" (NEIGHBORHOOD-COMMERCIAL) C-133 Planning Director Walker stated that this application was for change of FRAZIER zoning from Agricultural to Neighborhood-Commercial for the single purpose of eventually establishing a service station at the corner of Cox and Saratoga Avenue - the corner that is adjacent to the ~edical village. The applicant has proposed a service station of very unique design - a pumpless design by Shell Oil Company. The. Planning Conmission and the staff reviewed this proposal and found that it does not conform to the General Plan and that occupancy of this corner by a service station would be incompatible with the surrounding or proposed uses and it would cause an increase in the traffic hazard at this corner. Mr. Walker stated that there were no visible pumps, the gas is distributed to the automobiles through a console type of arrange- ment and the lanes for the particular type of gas you want are marked on the driveway paving. City Manager Huff reported that Donald A. Tenenbaum, Attorney for the Applicant, had submitted a letter requesting that the City Council not act upon the recommendation of the.Planning Commission surmnarily, but that it review the file and make its own independent decision based upon all facts available. Without objection, the City clerk was directed to set a Public Hearing at the earliest possible date. C. SDR-871 - ALBERT SPEARS, WESTCOTT DRIVE - i LOT - FINAL BUILDING SITE APPROVAL SDR-871 City Manager Huff reported that this is a site approval on Westcott Drive for SPEARS a single site. All conditions have been met and he recommended adoption of Resolution SDR-871-~gran~ing final site approval. Moved by Councilman Smith~ seconded by Councilman Sanders for adoption of Resolution SDR-871-1; carried unanimously. i V. PUBLIC HEARINGS A. .ORDINANCE NO. NS-3.23 - NEARING ON PROPOSED ZONING ORDINANCE RELATING TO TIME LIMIT EXTENSIONS UNDER CONDITIONAL RECLASSIFICATION - Continued from 10-7-70 ORD. NS-3.23 Mayor Robbins opened the continued Public Hearing at 8:10 P.M. TIME LIMIT EXTENSIONS There were no connnunications on file. There were no cormnents from the UNDER audience or the Council. CONDITIONAL RECLASSIFICATION Moved by Councilman Sanders, seconded by Councilman Smith to close the Public Hearing; carried unanimously. Public Hearing closed at 8:11~ P.M. Moved by Councilman Smith, seconded by Councilman Sanders for adoption of Ordinance NS-3.23; carried unanimously. B. V-349 - JOHN WALLACE, LUMBERTOWNjLANE - HEARING DE NOVO ON APPEAL TO THE CITY COUNCIL OF THE PLANNING COMMISSION DECISION TO DENY THE VARIANCE - Continued from 10-7-70 V-349 There were no comments from the Council before Mayor Robbins opened the JOHNWALLACE Hearing de Novo at 8:14 P.M. At the direction of the Mayor, the City Manager reviewed the contents of the file which contained the initialsreport from the Planning Commission; the Planning Commission Resolution denying the initial application; the letter of appeal from Mr. Wallace; the Planning Committee report recommending that the Planning CommiSsion reconsider the application in the light of the regulations - 3 - CITY COUNCIL MINUTES - OCTOBER 21, 1970 - CONTkNUED applicable to the PD district in which this property is located; and the report back from the Planning Commission again recommending that the variance not be granted and that another avenue be followed by the applicant. Mayor Robbins directed that the file be made part of this hearing. Moved by Councilman Smith, seconded by Councilman Sanders to close the Public Hearing; carried unanimously. Public Hearing closed at 8:16 P.M. Mayor Robbins sta~ed that there were two ways to accomplish the goal of the variance: 1. An exchange of land; or 2) a perpetual, exclusive easement whereby Mr. Goldsmith would have exclusive use of the property in question. Mayor Robbins said that the existence of these two alternatives made it impossible to make the required finding a hardship. Mr. Smith said that the Planning Connnittee felt there was a hardship here. He stated that he would prefer the perpetual easement but that issue was not be- fore the Council. The question is whether or not a variance should be granted. He favored granting the variance. Councilman Dwyer found it hard to see a hardship in the situation because he thought that two alternatives had been proposed by the Planning Commission and the Planning Director which were reasonable. Councilman Sanders stated that he had felt the problem was solved but found that the proposed solution was not acceptable to the applicant. Therefore he felt the City should grant a variance in this case. Councilman Bridges felt that therewa~ a genuine hardship. He believed that Mr. Goldsmith is in a position where his home is adversely affected and he favored granting the variance. Moved by Councilman Smith ~hat the variance be granted, seconded by Councilman Sanders; motion carried 3-2. Mayor Robbins suggested that the Council review City policy with regard to variances since this is the second time that the City Council has overturned a decision of the Planning Conmission within the last two years. He stated that a joint study session has been suggested with the Planning Commission and that this might be an appropriate point for discussion. C. GENERAL PLAN REVIEWFOR 1970 - Continued from 10-7-70 GENERAL Mayor Robbins stated that there was no committee report. At the last Council PLAN meeting the Mayor directed the Planning Committee to review four specific items: REVIEW' 1.Retirement facility study. 2. Fruitvale Avenue width. 3. Pierce Road-Ashley Way area. 4. Central Park designation. Mayor Robbins opened the Public Hearing at 8:31 P.M. There were no comments from the audience or the Council. Moved by Councilman Smith, seconded by Councilman Sanders that the Public Hearing be ~losed for the evening;;carriedunanimously. PuBlic Hearing closed for the evening at 8:31 P.M. and continued to November 4. D. UP 192 - ST. PATRICK'S FATHERS, ERIC DRIVE - AN APPEAL TO THE COUNCIL OF THE PLANNING COMMISSION DECISION TO DENY 4 USE PERMIT - Continued from ~0-7-70 P 192 City Manager Huff stated that there were no new communications on file. zT. PATRICK'S ATNERS Mayor Robbins opened the Public Hearing at 8:32 P.M. Jame~ W'helan,'representing St. Patrick's Fathers, stated that he was present to withdraw the appeal made to the City Council. He thanked the Council for - 4- CITY COUNCIL MINUTES - OCTOBER 21, 1970 - CONTINUED their patience and cooperation. Moved by Councilman Smith, seconded by Councilman Sanders to close the Public Hearing; carried unanimously. Public Hearing closed at 8:34 P.M. Moved by Councilman Smith, that the proceedings in UP 192 be abandoned, seconded by Councilman Bridges; carried unanimously. E. ORDINANCE NS-3.25 - AN ORDINANCE AMENDING ORDINANCE NS-3, THE ZONING ORDINANCE, BY ELIMINATING LODGING HOUSE AS CONDITIONAL USE IN R-1 ZONES, AND AMENDING CERTAIN PROVISIONS RELATING TO OFF STREET PARKING FACILITIES ORD.Z Ordinance' NS-3.25 was read in full by the City Manager. NS-3.25 Mr. Walker stated that the off.streetparking requirements now allow a person J. with a cormnercial use-in a structure in a conmercial zone that does not have adequate off street parking to change that cormmercial use to another without providing additional parking. This change is intended to require additional off street parking upon a change from one Conmercial occupancy to another. Mayor Robbins opened th~ Public Hearing at 8:40 P.M. Dr. Isaac Abrams stated that he was in accord with the objectives of this ordinance, however, he felt the Council had overlooked practical circumstances. Assuming the Ordinance is designed for down town Saratoga and you have a building with no facilities for off street parking, what does the owner do? Mayor Robbins said that he could join other merchants in formation of a parking district. The City Attorney stated that the ordinance presently requires parking at the time of initial occupancy or major change or alternation. A change~from one commercial use to another is not covered. Councilman Bridges felt that one of the problems with the downtown area at the present time is the fact that there ~re so many regulations when one re-models an old bui;l~ing thate~a~y projects are abandoned because of the cost. He did not want the city to aggravate this situation. Without objection, Mayor Robbins introduced the Ordinance, referred it to the Planning Committee and continued the PUblic Hearing until November 4. Jim Naugle, 12072 Ingrid Court stated that he had in the past waded through the Zoning Ordinance and found ambignitie's in wording. He asked that the Zoning Ordinance be made more easily understandable. VI. ADMINISTRATIVE MATTERS A. MAYOR 1.Mayor Robbins expressed his horror, shock and indignaeion at the murder of Thomas deCecco and extended hi~ sincere sympathy to the parents and friends of the young man. 2. Mayor Robbins called for an Executive Session following the regular agenda to discuss personnel matters. 3. Mayor Robbins stated that there ware 25 applicants for the Youth Commission, 16 youth and 9 adults. He and Mr. Bridges plan to interview them on November 2 and he asked Mr. Mariani to schedule the interviews. PROP. 18 4. The Mayor referred to a request by the League of Women Voters of Los Gatos- MEASURE Saratoga asking the City Council to endorse Proposition 18 . Mr. Robbins stated that he had written to the newspapers favoring Proposition 18 and Meashre A. He felt that some means of transportation, other than the automobile, is needed to solve the tremendous smog problems. Measure A 'E., will help by establishing a mass transit district. State Proposition 18 will enable each county to use up to 25% of its gas tax funds for mass transit. This money plus federal funds could support mass transit in this county. - 5 - · CITY COUNCIL MINUTES - OCTOBER 21, 1970 - CONTINUED Councilman Smith stated that it would be appropriate to support Proposition 18. It is a matter of City concern because it is a.pubfic safety matter. CouBcilman Sanders said that he would support city council endorsement of Proposition 18 also. William Myer spoke from the audience in opposition to Proposition 18. He felt that gas tax funds should be restricted to expenditure on the highway system to insure early completion of safer highways and freeways. Moved by Mayor Robbins that this ,council favor the passage of County Measure A and State Proposition ~8, seconded by Councilman Smith; carried unanimously. 5. In response to a question from M~yor Robbins as to the legality of a high schpo~ class holding a lottery, the City Attorney deferred giving an opinion subject to further study. ~May0~ Robbins directed the staff to be prepared to provide the school with a prompt ~nswer. B. FINANCE 1. Payment of Claims In response to a question from Mayor Robbins with r~gard to Warrant No. 12971 to Mrs. John A. Zabielski for $25.00, City Manager Huff stated that in this case the Zabielski's planned an addition to their existing house which was enough to require Building Site Approval. The conditions of site approval were such that they decided they would forego the addition. They asked that their application be withdrawn and the fee be refunded. The standard practice has been based on the individual application. Mr. Huff recommended that this amount be refunded. Mayor Robbins so moved, seconded by Councilman Sanders; carried unanimously. Mayor Robbins al~o noted a disbursement to Los Gatos-Saratoga Symphony Society for $500.00. Moved by Councilman Dwyer that the list of disbursements for October 21, 1970 totalling $25,246.05 ~e approved and that the Mayor be authorized to sign the warrants; carried unanimously. 2. City Clerk's Financial Report - noted and filed. 3. Treasurer's Report - noted and f~led. A difference of $10.00 was noted 'due to a returned check and the City Clerk was instructed to reconcile these amounts. MAYOR ROBBINS CALLED FOR A TEN MINUTE RECESS. C. COUNCIL COMMITTEES & COMMISSION REPORTS 1. Retirement Housing Study PLANNING Mr. Smith reported that as a result of the General Plan Review proceedings COMMITTEE and recommendations, the need for a Retirement Housing Study has been SENIOR determined by both the Council and the Planning Commission. The Planning CITIZEN Committee has reviewed the Planning Commission's recommendations and the HOUSING Planning Department project outline for condusting such a study. It was their recommendation that the Planning Department, in conjunction with the Planning Commission and the General Plan Commi.ttee, be authorized to proceed with the study utilizing the present staff plus the temporary qh~rl~ '~ r~r~d~1 ~ ~ Moved by Councilman Smith, seconded by CoUncilman Sanders that the Committee report be accepted ~nd that immediate steps be taken to obtain the properJ personnel to work on this project; carried unanimously. 2. Pike Road and Saratoga Hills Road - Status Report Councilman Smith reported that t~is concerned a pathway over the hill~ - 6 - C~TY COUNCIL MINUTES - OCTOBER 21, 1970 - CONTINUED between Pierce Road and'Reid Lane. The residents of Pike Road have sub- mitted a petition to the City Council requesting a path along Pike Road and Saratoga Hills Road from Pierce Road to Reid Lane. Another group petitioned against~the pathway. Mr. Smith felt that it was not enough to consider just the two petitions since this path would open up the whole area of pedestrian traffic through the hills. Mr. Smith stated the committee had held a hearing attended by a large number of residents. Councilman Bridges and Councilman Smith had considered all the pertinent factors and decided it was best to refer the matter to the Planning Department and the Planning Commission. ~Both will report back to the committee which will then report to the Council on this matter. 3. Arroyo de Arguello Sidewalk PLANNING Mr. Smith reported that two meetings were held to allow all interested parties COMMITTEE to discuss the issue. It was the feeling of the Conmittee that a sidewalk was ARROYO DE really necessary: 1) because the roadway is a collector street; 2) there is ARGUELLO going to be a high school constructed nearby; 3) this is a relatively new SIDEWALK area with a lot of school age children. The City asked for suggestions from the residents. One recommended exposed aggregate 4 feet wide instead of five. The Committee also agreed that any sprinkler system and plantings disturbed by the installation of the sidewalk should be removed or relocated by the City. The Conmittee, with the developer, had estimated a cost of approximately $6,000. The final problem is whether the City should take the $6,000 and complete the work or have the developer build the walk with these funds. Planning Director Walker stated there was concern from both the proponents and opponents about when the sidewalk would be installed. It would take several weeks to accomplish this unless 'the Council wished to make some immediate authorization to go to bid. The neighbors are anxious to complete their landscaping this~season. Moved by Councilman Smith that the City staff be authorized to go to bid based on final approval of the details by the Planning Cbmmittee, seconded by Councilman Sanders; carried unanimously. 4. Purchase of Industrial Tractor and Accessories MGMT. Councilman Dwyer stated' that the Council had authorized the Public Works COMMITTEE Department to accept a single bid of $7,500 subject to Management Committee TRACTOR approval. The specifications were Iprepared by the Maintenance Supervisor LOADER who used basic data supplied by the Fleet Maintenance Supervisors group. PURCHASE The specifications were modified for our particular needs. The invitation to bid provided an opportunity to sub~t a bid on equipment not meeting the specs provided the difference was listed. Mr. Dwyer was pleased to see that the invitation to bid was sent from the Public Works Director and staff followed up by telephone to invite all to bid. In response to that request three firms sent in notice .that they preferred not to bid. Mr. Dwyer noted that there was a system of internal checking which is working well'~ 5. Plan Checking & Inspection Fee - SDR-767 'MGMT. Councilman Dwye~ announced that Dr.. Abrams had asked to discuss this matter C~MMITTEE With the committee. Therefore the com~itee report will be presented at a SDR-767 subsequent meeting. 6. Thoroughfare Street Lighting ' POLICY Councilman Bridges reported it will' be necessary to select a street lighting COMMITTEE standard which will have satisfactory lighting qualities and will be an TNOROUGtlFARE attractive asset to the Saratoga street scene. The selection of this standard STREET should be made on the recormnendation of a citizens' committee representing a LIGHTING -~7 - CItY COUNCIL MINUTES - OCTOBER '21, 1970 - CONTINUED cross section of the community. The. Policy Conmittee recommended tha~t t_he City invite several groups to participate in selection, and that~'t~e~publi~ Works Department provide staff support. Groups which will be asked to participate are: Saratoga' Beautiful, Good Government Group, Chamber.~of Commerce, League of Women Voters, Village Merchants Association, Planning Commission, Parks & Recreation Commission and Architectural Advisory Committee. Moved by Councilman Dwy'er for adoption of the Policy Committee report of October 16, seconded by Councilman S~nders; carried unanimously. 7. Parks and Recreation Conm~ission Mr. Mariani reported that there ~as ~0 formal recommendation from the Commission but the~Commission had requested t~at the City Council study the minutes of the meeting of October 19 with regard to'the informal hearing on development of the Kevin Moran Memorial Park. D. DEPARTMENT HEADS AND OFFICERS 1. Public Works Director Shook reported that the City Council has recently authorized Eldon Beck to provide a Master Plan for Wildwood Park. Mr. Beck has contacted the Public Works Department with regRrd to providing certain survey data in the park site for location of trees and other ~facilities. Mr. Shook understood that it was the City's desire to hav~ this Master Plan as quickly as possible and his staff situation was such at this time that he requested authorization to hire a private engineering consultant to perform this activity. Mr. Shook estimated $500.00 to $600.00 for the survey information which is requested. This would be budget~/4~Tfrom the parks fund. Mr. Shook estimated a two-man operation over a two day period. Current projects which would prevent assigning staff personnel are: Fruitvale Pathway, Glen Brae Drive and Sarahills reconstruction. It was the consensus of the Council that the situation should be reviewed and reported on at the next meeting. E. CITY MANAGER 1.Mr. Huff reported that the first meet'ing in the Residential Security Phase of the Safer Saratoga Program was held at Brookview School on October 20. 'Thirty- ' two residents of the Saratoga Park-Woods area attended the meeting set up by their Homeowners' Association in response to the City's offer to conduct such a program. Sgt. Don Tammmade an effective presentation. Robert Mensot, President of' the Association, indicated that the group would follow up this program with area residents. 2. Mr. Huff reported that at the last me~ting the City Council had authorized the City Attorney to conduct negotiations on a lot adjacent to Gardiner Park. He did so and the City Manager requested the Council to authorize a warrant for $16,500.00 payable to Valley Title Company to be transmitted with escrow instructions prepared by the City Attorney. Moved by Councilman Dwyer that the May.or be authorized to execute the warrant for purchase of the property adjacent to Gardiner Park; seconded by Councilman Smith; carried uranimonsly. zII. COMMUNICATIONS A. WRITTEN 1. John Gorman - Day Care Nursery, 19144 Brookview Drive At the reques~ of Ma~or Robbins, the City Manager read a chronological report prepared JOHN by the Planning Department on this matter. GORMAN The City Attorney reported that.a criminal complaint was filed on October 8. At the direction of the City Council,'a civil action for an injunction has also been filed and the papers are presently in the hands of Judge Bruno. Mr. Gorman will - 8 - COU?-iCIL ],IINUTES ~ OC;TOB]C}I 21, 1970 - COi';'.iTIi~UEI) ; l,c teqnircd to Eppaar ill Court oi~ October 26 on the c:ri~:~i!tal coi:ip!air, t. Jf he pleads not guilty he ~:i]! be given a trial dEte. If convicted, he ~7il]. probably be referred to the Probation Departn~ant'. ::ir. Johnston had talked to l.irs. Wallace the stated that the license is for three children only and that the matter has been ~ over to the State I.[r. Johnston noted that a cr~ininal co:¥a]ain.t does not stop the person o doing x.rhat they are doing uhi]e they are awaiting trial. A civil injunction ' x.~ould step the activity pending a hearing. It is expected that judge Bruno · ~ill issue a te~aporary restraining order on October 22, There were no questions from the Council. }Jr. Gorm~.n stated that he had filed a written co:=~2nication and asI-:e8 the Mayor to have the City :,[anagcr read it. It ~.~as read. This cor,rxu~icatlon is inclndcd in the file. ~lr. Marrib Steinberg stated that he had presented a !attar to Co:in~iln~n -Smith ens:Tering 2.lr. Gonnan's letter ~.:hich appeared in the Saratoga Yews. "tle noted that this was signed by every resident between Titns and Woodside except for one ~.zido;.ner xzho preferred not to get invo].ved~ Dale ~[clntyre, reorese:~t{ng the Braoi~vie~.z HomaoYners t.s '-~' n tha~. the ,tssociation hacl unanimously endorsed the non-issuance of a perknit because of the facts that l,[r. Steinberg has pnt forth. He asked that the ordinance be enforced rapidly. George Brat.an, Brookvieu Drive stated thaTt there was another John Gorn~n on B~;ookv~ew Drive and hoped that there ~.:ou],d be no aisunderstandlng as to which individual was under discussion. John German stated that they had received t~,zo letters from the Cour~ on Saturday. }Ie stated that he coK~o!ained to the City Yane. ger v:ko inf0rmad him that the City v:ou!d enforce the ordinance uniform!7. I,[r. Gem'in referred to another day care ce~ter ~n operation on 3rool;vie~: Dr~ve, one block from his hon:e ~.:hich he clawed had been taking' care of~om 15 to 20 children. I~ response to a question from }jr. Sniitli'Zs 'tb h6,.r 6Ustoj. ars are a~trac~e~,' }ir. Gordian replied that ~t was prin~zt-ily through an advertising colu::~ ,th(llcenae~ child care section of the San jose ~.~rcv,'-,.v~--~ ~le noted that the Welfare DEpartment 8oes not want un!icensed acaDIa to operate. Ha state~ that the I.[ercury has a soecla! co!una where ao~ro---{:,=~l,- 50 to people affvertfse on a ~aily basis. '~.r. GormJ. n also gets referrals fro:,~ people that he already has. Mr. Germ. an state~ that ~%any of his custoz:ars were divorceS, sYng!e oarants :-:he have been on ~,Ze!fare and the Departr,~ont x.:i!l pay for the day care for the mother if she ~7!i! go to work. }lox,fever, the money is pai~ only if the child is connected u!th W~!fare and ~[edi-Cal. Yr. German mentioned that they had one ::other ~,:ho ;.:arks the niEht shift at Saneboa, and they are the only ceEter x.;ho are reasonab!v flexible and able to care for her son. She usually knows her schedule in a&Tance. }jr. Smith as~:ed :':r. German if he ever too:: care of ::ore t.han fo::r at any one tfn:e ~nd I,[r. CarTin reoli~d t~a t he did because the num5~r varies an8 son:etfn:es there are 8' to 8 chi/8ren. Ihe Co-~tv or State ~o='= not the premises very ~- has . ,7L'.' ' ' o=~=,t and only ~ee~ to ~b,-~,* he::-a once sfnc~ t~:ey Sat the l~cense. Ee s~a~ed ~ha: 2-:r. "-"-~ h~d been out once announced anZ Unannounce~ an~ that he had been granted entrance ~nr. Ediatelv. }ft. Gore:an stated that ~he County does not allair them to have ~o _1 helD. add/t ' ha' 1~ response to a ~tes~on fron~ Councf!n~nn ~,~,'er, }[r. Con~n s~a~gd that they ~,'ere licensed to care for three childfeb. After they got their license - 9 - CITY~COUNCIL MINUTES - OCTOBER 21, 1970 ~ CONTINUED ~e~ requested an increase in the ~license which was under consideration by the County of Santa Clara until the various problems were brought before Mrs. Wallace and she wanted to hold it in abeyance until the status with the City was determined. In response to a question from Councilman Sanders as to the ages of the children, Mr. Gorman replied that most of them are of school age. He noted that they had complete educational and play facilities. They. have seven bedrooms in their home with facilities for each child. Mayor Robbins stated that he agreed that the City should apply and enforce the law uniformly. However, this ~is not always possible to do immediately because of the limits of the staff. This happens to be a case where we have had a great number of complaints and that is why this residence is under discussion rather than another operating child care center. Mr. McIntyre noted that the neighbors were not quarrelling with the fact that Mr. & Mrs. Gotman were qualified and licensed but with the commercial use in a residential area. Mr. Steinberg noted that there was a teenage girl living in the home who has been observed helping with the care of the children, which is also in violation of the provisions of the license. He read a detailed account of the number of cars and streesed that Mr. Gorman has been violating City and Stateflaws. Councilman Smith stated that the Council had pursued the criminal ~omplaint and was now pursuing the civil remedy. He wanted to see this done as quickly as possible and asked the City Attorney to periodically give a staff member a report on where the case was so that interested parties might call in to check on thelp~ogress ~f the case. Mayor Robbins stated that the Council has indicated previously that they want the matter culminated as rapidly as possible. The City Attorney stated that he was assuming that by tomorrow night there will have been a restraining order issued and served on both==the Gormans. Councilman Sanders stated that the Council were a little disappointed that they had not been able to correct'and move in this situation more quickly. He stated that the Council is currently studying other methods to enforce our ordinances more promptly. Without o~jecti~n, Mayor Robbins closed discussion on this matter for the evening. 2. Correspondence from Donald Hoffman and a brief petition about development HOFFMAN of Kevin Moran Park. City Manager Huff stated that following the last ET AL meeting the signers had been advised that this matter would he before the MORAN Parks Commission at the October 19 meeting. All the signers turned out PARK at that meeting and presented testimony as to how the park should be developed. They also submitted a series of letters indicating the features they wanted included andlexCluded from the park. POSTMARK 3. Letter from the Post Office Department hoping that the Saratoga postmark situation is ~atisfactory and indicating that Saratoga will not lose its postmark. 4. Letter from the California Regional Water Quality Control Board asking for cormnents in regard to a tentative resolution proposed by the Board with regard to the f~ling of tentative subdivision maps in the Bay Region involving discharge of waste materials. Without ob~!ection, referred to staff for reconmaendation ~ the Council. 5. Letter from Mrs. Annette Young urging the City Council to do all possible to try to stop, or at least discourage, the constantly growing source of disturbance caused by motorcycles~ scpoters, etc. 6. Letter from Citizens for Constitueional Revision on Propositions 14, 15, 16 and 17. Noted and filed. 7. Letter from Don Alberecht, 13020 Paramount Drive, expressing concern over the - 10 - ~ITY COUNCIL MINUTES - OCTOBER 21, 1970 - CONTfNUED existence of two Paramount Drives. The City Council acknowledged the letter. The Mayor asked the staff to consider the installation of signs at each dead end of Paramount. Letter from Palo Alto enclosing a copy of their resolution endorsing Measure A. 8. Letter from Paul M. Brown, Jr. voicing support of the retention of the Saratoga'postmark. 9. Letter from Mrs. Dadi Noeggerath calling attention to the abandoned Hartman Nursery on Sobey Road. 'M~yor Robbins noted that this had been brought up ~ast year and we were assured that it would be taken care of. Planning Director Walker stated that the owner had been con- tacted again without any reaction and would be contacted on a firmer basis. Mayor Robbins directed t~ staff to pursue this more diligently. Councilman Smi'th~stained from the~scussion. 10. Setter from Dea~ C. Varney complaining about a horse and corral on the Del Carlo property at 19911 Mendelsohn Lane. Mr. Huff understood that the Del Carlos had not carried through on their application for a horse license but have gone ahead and installed a corralled:in the locatio~ approved by the Planning Department. 11. Planning Director Walker confirmed this and stated that there was no problem with the horse as long asMr. DellCarlo gets a license. There is 'a corral directly behind the Del Carlo property and this is a legal distance as far as all ordinances are concerned. City Manager directed to reply to Dr. Varney's letter. 12. Letter from Field's Inc. which operates an ambulance whi&h would serve the Saratoga zone if it were establl~Ded. This is primarily a back-up letter to the one which the Chamber of Commerce submitted. .Without objection, ~rred to Public Welfare Committee. 12. Two reports to the Policy Corfanittee concerning Green Valley~Disposal's intention to seek a rate increase in the mountain areas, basically summarizing what has been accomplished to ~tej Councilman Bridges stated that thePolicy Committee is very concerned about this from several angles. It seems to be an attempt to discontinue service in the outlying areas and a goodly portion of Saratoga could be affected. Mr. Bridges referred to possible ~roblems with dumping which could result. It could also constitute an unsightly situation at collector points. Mr. Bridges noted that the administrative assistant had submitted an excellent report on this and is following up the situation. ' ~ B. OI~tL Jim Naugle, 12072 Ingrid Court asked that if the City Council chose to open up negotiations with Green Valley'.Disposal that consideration be given to a rate schedule with some equality for all residents of Saratoga. He noted that drop boxes were not included in the current rate schedule. VIII. ADJOURNMENT Mayor Robbins acknowledged the presence of-Planning Commissioner Lively, Dorothy Parker and Roger Lueck, Good Government Group; Mrs. Slade and Mrs. Ottenburg, League of Women Voters; Mrs. Cabby Sitney; and Mr. James Naugle; and Mr. Stevens of the P.G. & E. Mayor Robbins called for an Executive Session. Meeting adjourned to Executive Session at 11:00 P.M. At 11:30 P.M. the Council reconvened in open session and adjourned. ~espectfully submitted, JRH:r