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Home My WebLink About07-21-1971 City Council Minutes , =-:-0 .. I, i' -t'r \ , ~ , - SARATOGA CITY COUNCIL MINUTES TIME: PLACE: TYPE: WEDNESDAY, JULY 21, 1971 - 7:30 P.M, SARATOGA CITY COUNCIL CHAMBERS, 13777 FRUITVALE AVENUE, SARATOGA, CALIFORNIA REGULAR MEETING 1. ORGANIZATION A, ROLL CALL Present: Councilmen Bridges, Dwyer and Robbins. Councilmen Sanders and Smith arrived at 7:45 Absent: None B. Moved by Mr. Bridges, seconded by Mr. Dwyer to approve the minutes of July 7, 1971 with the following correction: Page 3, Item VI, A. 2, last sentence: delete the word "not"; carried unanimously. II. BIDS & CONTRACTS A. REPORT ON BIDS: PROSPECT ROAD IMPROVEMENT PROJECT Continued to August 4, 1971 to permit additional review of bids. B. RAISED REFLECTORIZED PAVEMENT MARKINGS ON SARATOGA AVENUE, FRUITVALE AVENUE AND QUITO ROAD - FINAL ACCEPTANCE Accepted work and authorized filing Notice of Completion. I C. HAKO~' GARDENS'JAPA~SE TEA ~OOM LICENSE,AGREEMENT Continued~,tò, August,. 4 to permit ~dditional review of Item 9, g~v~ng 'Licensee exclusive right to sell food and beverages to members of the public. III. PETITIONS, ORDINANCES AND FORMAL RESOLUTIONS A. ORDINANCE NO. 38.39 City Manager read Ordinance No. 38.39 in full. Mayor Robbins introduced Ordinance No. 38.39 repealing Section 10-l4, lO-l5 and lO-16 of the Saratoga City Code, relating to Chinese Lottery, and adding Section 10-21, relating to Discharge of Air Rifles and Similar Instruments B. ORDINANCE NO. 38.40 Motion carried to waive the reading of Ordinance No. 38.40 adding certain provisions to Chapter 3, relating to drainage of building sites, and certain provisions to Chapter l3 relating to restricted use of sidewalks and pedestrian pathways. Without objection, Mayor introduced Ordinance and referred the matter to the Public Welfare Conunittee. C. RESOLUTION NO. 584 Adopted Resolution No. 584 requesting allocation of T,O.P.I,C,S. Funds from the California Highway Commission for the installation of the traffic signal at the:intersection,of Quito Road and Bucknall Road. D, RESOLUTION 585 " AdgptedResolution No. 585 requesting allocation of T.O.P.I.C.S. Funds from the California Highway Commission for the improvement of Allendaie Avenue between Chester Avenue and Harleigh Avenue,àndC?eferred the matter to the Public Welfare Committee for review and report, if desirable. E. RESOLUTION NO. 586 Adopted Resolution No. 586 requesting allocation of T,O.P.I.C.S. Funds from the California Highway Commission for the construction of a pedestrian walkway along Saratoga-Los Gatos Road between F,uitvale Avenue and Oak Street. ~. " ¡. ç , ...... ~'. 1Þ 7: CITY OF SARATOGA COUNCIL MINUTES "70 JULY 21, 1971 - PAGE 2 IV, SUBDIVISIONS, BUILDING SITES & ZONING REQUESTS ,A. C-146 - AUBREY JORNSTON - QUITO ROAD] City Clerk instructed to set Public'Hearing on August 18, 1971. B. SDR-877 - DONALD COMER - PIERCE ROAD Adopted Resolution No. SDR-877-1, granting Conditional Final Site Approval. C. SDR-790 - MIKE OLAVARRI - VICKERY AVENUE ,Authorized release of stock assignment posted in lieu of bond. V, PUBLIC HEARINGS A. SARATOGA GENERAL PLAN l~ Retirement Housing Element Public Hearing opened at 8:05 P,M. No one in the audience wished to comment. Public Hearing closed at 8:06 P.M. and continued to August 4, 1971. 2. General Plan Review for 1971 Public Hearing opened at 8:07 P.M. Planning and Environmental Committee reported on the following specific items of the 1971 General Plan Review. l. The Clifford Beck Request for Change of Land Use Designation. Referred back to the Planning Commission for further study and report to the Council. 2. The Prince of Peace Lutheran Church. Motion carried that the Prince of Peace Lutheran Church property be s~own on the General Plan Map as P-A. 3. The Wilson property. Planning Committee conc~rred with Planning Commission recommendation that the boundary line between\medium density and I very low density be revised to~show ¡the Wilson propert~as a low dens1tY-Dilffer. , ' I They further recommended that the entire area between the Wilson property, Foothill Lane, Pierce Road and' the Ashley Way Subdivision be referred back to the Commission and staff for study and report as to what com- prehensive planning solutions can be made for this small but'complex area. This study and report should be considered as part of the 1971 General Plan Review. Mrs. Wilson was present and spoke on her own behalf. Harry Venn, l29ll Pierce Road felt that the whole area should be planned so that there is the least disagreeable situation with regard to access. Moved by Councilman Smith that the Wilson property be designated low density on the General Plan and that the remaining parcels in that area be referred back to the Planning Commission for report, seconded by Councilman Bridges, AYES: Councilmen Bridges, Dwyer, Sanders and Smith; NOES: Mayor Robbins. Motion carried. 4. Fruitvale Avenue. Referred back to Planning Commission for further study and report. 5. Central Park. Referred back to Planning Commission for further'study and report. Public Hearing on the General Plan Review for 1971 closed for the evening at lO:36 P.M. and continued to August {"i;' 1971. 3. ' Moran Request' ,for, Adjustment of General Plan ire Boundary between areas of - different rèsidential density., . Planning Committee recommended that the Planning Commission action be upheld and the request to include the Moran property in the medium density, single-family category on the General Plan be denied. Mrs. Moran felt that the reasons for'denial were not adequate and that their request was fair and reasonable. She read a prepared report in reply to the Planning Committee recommendations. Carol Zerboni, 19951 Lannoy Court spoke in opposition to{the Moran request to adJust--th"-General-P~Mocion carried to adopt comm1ttee reporr. B. C-139 - MALACHY J. MORAN - SARATOGA AVENUE Public Hearing opened at 9:16 P.M. No one in the audience wished to comment. Without objection, continued to September l5, 1971. , - -~ -, SARATOGA CITY COUNCIL MINUTES - JULY 2l,l971 - PAGE 3 C. ORDINANCE NO. NS-3.29 Public Hearing opened at 9:22 P.M. Don Eichstrom asked the Council to consider the possibility of some revision in the zoning ordinance to provide more specialized day nursery programs. Sanford Berliner, 100 Park Center Plaza, San Jose, an attorney representingÎNoo~din Billawalla spoke in opposition to the proposed zonirg ordinance cha~e since he:felt it would prejudice Mr. Billawalla'slpending ~p-plication for U~e Permit for a convalescent hospital. Public Hearing closed¡ for the evening at 9:35 P.M. City Attorney clarified that nursin¡ homes are permitted in R-M and P-A zones now and that the proposal is to - , eliminate them from R-l zoning districts. L ,,!ithout,objection, referred to" I the Planning Committee- for further consideration and continued to August ,18; 1971. I - " D, C-137 - ALFRED F, DUMAS, INC. - PROSPECT ROAD City Manager read in full a petition from 24 residents requesting the City .,--~ -..~. --.,,,,,,»..,..,-....,, Council to ,restrict, thèplanned community zoning of one house per 10,000 square feet, or l7 houses. Public Hearing opened at 9:45 P.M. Mr. Win Westfall, B.T.N. Engineers.;~24l CorQrtado Drive, San Jose read a report from the Subdivision Committee to the Planning Commission dated June 28, 1971 and stated that they agreed with all the conditions imposed upon the tentative map. Robert McBain, 20164 Williamsburg Lane, the designer of the project, outlined their proposed plan for cluster development. Arthur Grafe} 12121 Saraglen Drive representing residents of Blue Rills directly east of the area, asked that the Council deny the 10% increase in homes and presented an alternate plan which he felt showed a more homogeneous arrangement. He expressed his desire to meet with the Planning Committee. i Public-1Learing jClosect'ror the evening ,at ro:ro P.M. and continued to August 18, 1971. I VI. ADMINISTRATIVE MATTERS A. MAYOR 1. Called for an Executive Session to discuss personnel matters following the regular meeting. B. FINANCE 1. Payment of Claims Approved diSbursements dated July 21, 1971 and authorized mayor to sign the warrants. 2, 3. City Clerk's Financial Report and Treasurer's Report noted and filed. C. COUNCIL COMMITTEES & COMMISSION REPORTS 1. Adopted Planning and Environment Committee report on Tract 4967 - Park and Recreation Fees (Fitchen). - '~,' ......-..,. 2. "'Â'¡opted Public Welfare Committee report requiring sanitary sewers for new subdivisions. 3. City Attorney directed to prepare the resolutions necessary to initiate the Village Underground Utility District. Policy Committee recommended that the initial hearing on formation of this district be held at the earliest possible time. 4. Policy Committee status report on City consent to sanitary sewer districts noted. 5. Mayor directed the Public Works Director to prepare a report on the Fruitvale Avenue Walkway for presentation at the August 4 meeting. r . , ~. . 4Þ ~ ~ SARATOGA CITY COUNCIL MINUTES - JULY 2l, 1971 - PAGE 4 D, DEPARTMENT HEADS & OFFICERS 1. Mr. Bonfiglio presented a status report on the Retirement Housing Study. " 2. Assistant Planner's report on prohibition of parking in front of the United Presbyterian Church on Herriman Avenue referred to PubliclWorksDepartmenL. 3. Council approved Public Works Director's request to give property owners involved in the Allendale Avenue Project the opportunity to request a Public Hearing. P, 4. City Attorney presented a status report"on,'the Miljevich trial which has been continued two weeks; thê Cocciardi case and the Gorman situation. 5. Administrative Assistant reported ,on the current status of the Landscape Maintenance Contract. E. CITY MANAGER 1. City Manager reported that the City has received complaints from the merchants in the area about vandalism and petty theft. As a result he has consulted " wi th the Sheriff's Office and they have[fie,gu;, a. more vigorous enforcement ,"of the loitering ordinance. '""', VII. COMMUNICATIONS A. WRITTEN 1. Letter from Mr.& Mrs. Bennion requesting an extension of the time limit to accomplish construction of a minimum access road. Council approved this request, subject to approval of the City Attorney. I' I f \ , 2. Letter from Mrs. Michael V. Bond requesting that the annual clearance of Saratoga Creek be stopped. 3. Letter from Joyce M. Foster also opposing the annual clearance of Saratoga Creek. 4. Letter from Moser & Long offering ,for sale 7.53 acres of property located between Hakone Gardens and the proposed County Arboretum. Referred to Parks & Recreation Commission. 5. Letter from George Barati supporting West Valley College Assessment District. 6. Letter from M Larson, Assessment District. .,...., ~. {':',¡- 146601Ambri¿ Knolls Road ,supporting WestVa~ley College ~....",-/ '" 7. Notice from of Sanitary July 27. Sanitation District Four of ac:meeting on the proposed installation Sewers tot serve S()beY.R,oad :area.",to be 'held at,Marshal! r!ane School on , 8. Letter from G.P. Fitsos strongly opposing the proposed Wést Valley College Assessment District. 9. Letter from Ludwig Kulinski urging the Council to terminate all negotiations with the West Valley Junior College in reference to the proposed formation of an assessment district. 10. Letter from League of Women Voters adding support and encouragement to the Mayor's offers to strengthen Saratoga's policy on housing. , ll. Letter from Margaret Reed concernipg reflectorized markings. 12. Letter from Gene Goldberg expounding on some of the facilities which will be available if the College assessment district proceeds. 13. Council approved Jon P. Svilich request for approval of the 6th Annual Saratoga Festival ,parade route. o -~. ~~. : . . . , I SARATOGA CITY COUNCIL MINUTES - JULY 21, 1971 - PAGE 5 iB';< ORAL 1. A. Stuart Howell, Merribrook, \proprietor of the Saratoga MaIket donated a bin containing aluminum to the Youth Center and asked for information concerning the City's Recycling Center. VIII. ADJOURNMENT JRH:r Mayor Robbins acknowledged the presence of Planning Commissioner Metcalf; Mrs. Sterm new representative for the League of Women Voters; Mrs. Slade, former League Representative; Jay Sitney; Dorothy Parker; Jim Hardy, President West Valley College. The meeting adjourned to Executive Session at 11:10 P.M, At ll:30 the Council reconvened in public session and"adjourned. Respect~~~~ub~ted, CIi? (T: rÆ-;/ {YI¡(. ' Huff