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Home My WebLink About11-17-1971 City Council Minutes -~ . . ., , . SARATOGA CITY COUNCIL MINUTES TIME: PLACE: TYPE: WEDNESDAY, NOVEMBER 17, 1971, 7:30 P,M, SARATOGA CITY COUNCIL CHAMBERS, 13777 FRUITVALE AVENUE, SARATOGA, CALIFORNIA REGULAR MEETING 1. ORGANIZATION A. ROLL CALL Present: Councilmen Dwyer, Bridges, Kraus, Robbins and Smith. 'B. MINUTES The minutes of the November 3, 1971 meeting were approved as written. C. APPOINTMENTS , Mayor Robbins announced the resignation of Planning Commissioner Rod Fagan and Council approved appointment of Russel Bacon, who previously served on the Commission from November 29, 1968 to AprilS, 1970. Mayor administered Oath of ' Office to Commissioner Bacon. II. BIDS AND CONTRACTS - None III. PETITIONS, ORDINANCES AND FORMAL RESOLUTIONS A. Adopted Ordinance No. 38,37-1 amending the 1968 edition of the National Electrical Code relating to wire clearance over swimming pools. B. Adopted Resolution No. 36-B-13l releasing bond and accepting dedication of streets in Tract 4628. ' C. Adopted Resolution No. MV-33 restricting hours of parking or stopping along the southerly side of Prospect Road from Saratoga Creek Bridg~ to Lawrence Expressway. D. Adopted Resolution No. MV-34, Section I, establishing No Passing zone on Allendale Avenue between Quito Road and Fruitvale Avenue. E. Adopted Resolution No. MV-35 establishing stop intersection at Quito Road and Allendale Avenue. Adopted Public Welfare Committee report dated November l7, 1971. , F. PETITION FROM RESIDENTS OF CHESTER AVENUE George Gamper, l4l11 Chester Avenue asked the City to inspect and repair portions of Chester Avenue which presently do not meet minimum road safety standards. He stated that Chester Avenue was a private road. Mayor noted that as a private ,road the City had no immediate obligation, except to assist the residents. He referred the matter to staff and the Public Welfare Committee. IV, SUBDIVISIONS, BUILDING SITES AND ZpNING REQUESTS A. A-156 A-325 - UNITED PRESBYTERIAN CHuRCH - HERRIMAN AVENUE AND HIGHWAY 85 Authorized release of Improvement Bond for off street parking required ;as a condition of Architectura'l Design Review. ...... . ~ ¿ } SARATOGA CITY COUNCIL MINUTES - NOVEMBER l7, 1971 - PAGE 2. B. TRACT ,,<+203- - DOUGLAS B. HINES - PIERCE ROAD fDouglasHines requested an extension of tentative map app~oval in order to continue . negotiatións~t6- eìi'-for-ce a-personal-contrà-ct--tñade with an adjacent property owner. Council approved a 90 day extension. C. TRACT 4725 - DITZ-CRANE Atc~pted ,~EÌprovements for construction only. 1. ,Approveçl appointinent of James C. SahdeFs as citizen representative ,on PPC Housiq.g Advisory CommÜ:tee. - Approved--apPoi'ntmedt'''ö'f--Hrs:- john -cörcto'-serve-as-ci'tizen-member"'or 'PPC'15ub'--- - -" comm1ttee on Urban Development and-Open Space. I VI. A. MAYUK .., -, Z. I I V. PUBLIC HEARINGS A. C-l48 - GEORGE W. DAY - FRUITVALE AVENUE AND DOUGLAS LANE City Manager noted the following correspondence which had been added to the file: Letter from Maurice Rankin representing Mrs. Margaret Seagraves and the First National Bank of San Jose recommending that this area be zoned R-1-40,000; and a letter from Mrs. Gail Lawley supporting Planned Community zoning and giving some background information about PC. Mayor Robbins noted that the City must have a plan for P-C before this can be approved and a plan has not been submitted by the developer. Councilman Smith stated that the developer would like to have some idea as to the feeling of the Council before going to the expense of having a detailed map drawn up. Planning Commissioner Walker stated that the Planning Commission has been working on a proposal for the Council to include in the Zoning Ordinance a procedure for design review for all single family homes in a major subdivision. ,Public Hearing opened, at 8:25 P,M. 0.1, Schmaelzle, 14401 Nut Wood Lane expressed concern that houses in the area would decrease in value if this rezoning is approved. However, he did not think there would be a reduction in taxes. In view of the feeling of the residentš Mr. Schmaelzle asked the Council to return to the original plan of having one acre home sites for this area. Mr. Ed Panelli, representing the developer, stated his client was hoping that if the Council decided the zoning should be'R-1-40,000 that they would avoid the necessity of preparing the plan and the added expense of participating in a law suit which he thought was, a real possibility. It was his understandipg that the Council was interesteâ!'in R-l~~O~OOO PC because it would allow more architectural control and felt thi~ could be 'accompli-shed--imder the present ordinances. Mr. Panelli stated that they did have an option on another piece of property and would probably not be interested in this parcel if it were zoned R-1-40,OOO PC. Douglas Adams, representing Mrs. Margare~ Seagraves and the First National Bank of San Jose, stated that his clients felt there ;would I be an economic loss with respect to R-l-40,000 P-C. It appeared to him that there was overwhelming support within the area' for R-1-40,000 and he asked for the Council's feeling even if they could not make a decision at this time. He further requested that the zoning be amended to R-1-40,000. Mrs. Katherine Duffy, 20637 Leonard Rd. spoke as a proponent of P-C development. In a prepared statement she commended the ¡forward looking efforts of the City Council and City officials to provide the best land use planning for this community. She felt that opposition to planned community development was due to lack of information and that the City Council as elected 'r~presentatives of all, Saratoga, have the duty to do what is best for the entire community. Mrs. Duffy believed that if the Council did approve this rezoning that it was imperative to assure the best possible develop- ment by: careful review of the design taking into full consideration the concerns of nearby residents. Chuck Fauvre, l4552 Nut Wood Lane felt that Mrs. Duffy's theoretical, and did not apply to this specific matter. see Fruitvale Avenue protected and felt that the present statements were largely He expressed a desire to laws allowed for the ~.. . - ~ .. ,. (". SARATOGA CITY COUNCIL MINUTES - NOVEMBER; 17, 1971 - PAGE 3. protection'and cont~;l 'of ~ntranceways and street designs in a development. Fred Abel, representing Mrs ~ 1:ehman, asked .3hat the, Coun,:i1:_gra.:'t ...!=~e_ app l,i:ant the J R-1-40,000,zoriitig,rather than the R'-1-'40,00'0 P-C, ,- - - , Councilman Smith clarified that the density of units was no greater under P-C than under;/ R-l~4PâO~, ",o~~n!? ¡:egulations:___ 'Basically it is a matter of opening up acre development and giving more open, space. Public Hearing closed for the evening and continued to December 15, 1971. Mayor Robbins felt the basic problem was whether or not the Council felt there should be open space in this particular area, since there was general agreement that the number of homes on this particular piece of property should remain the same. He stated that there were two alternatives: 1) To rezone to R-l-40,000; or 2) to go with P-C and suggest that Mr. Day come in w~th a specific plan. Mayor Robbins felt it was important to consider: l) whether or not the city has adequate street pattern control; 2) adequate landscaping and fencing along Fruitvale Avenue; 3) architectural control;,4) open space;: 5) the demand for one acre lots; 6) the demand for P-C lots; 7) indicated sentiments of the citizens of Saratoga; 8) the affect on property taxes; ,,~;;d lO) what the develope r wants to do. , , '. I It was the consensus of the Council that' the lot sizes should be something less than'40,000 but considerably more than 20,000 with creative planning, including substantial landscaping along Fruitvale Avenue. Mayor Robbins suggested that the developer submit some alternative plans to the City. VI. ADMINISTRATIVE MATTERS A. MAYOR ..3., Announced Willys Peck's appointment as Chairman of the Village Improvement " Committee. " ,Jib Called for an Executive Session ,to discuss land negotiations. -, "' 5 ',J Directed staff to bring the Trai,ls and Pathways Plan ,into conformance 'J with the General Plan map. ~6., , Reported on a request from the Flood Control District that the' Mayor's Committee endorse State legislation giving Flood Control power to require rdedi_cation-of-~arid-för-:-n-~~ö~, coûtrol pu,,,:poses in new subdiirisions. Tabled. Approved increase ~6'$600'as Saratoga's share to support I.C.C. Secretary. 7.- '.8'. , Announced meeting of League of California Cities on Thursday, December 9, 1971.' B. FINANCE A. Payment of Claims 1. Approved list of disbursements dated November 17, 1971 and authorized Mayor to sign the warrants. 2. City Clerk's Financial Report noted and filed. 3. Treasur~r's Report noted and filed. C, COUNCIL COMMITTEE AND COMMISSION REPORTS , ~. Approved Policy Committee report on Saratoga Sunset Club use of Saratoga Youth Center Building. subject ~o compliance with Youth Center agreement. 2. I Decided 'not to rename Planning ,Commission but 'to depend' on,it, and Par!<s and Recreatï'on Co~íssion for continuing consideration..of. environmental factors. ' ............... ~-----.-- -.....,.--- ________>1-____.___.........-__-'--_'_ _~_ __~___._______._ __.,..-c . 3. . Adopted Policy Committee report ,on City Consent to Sanitary Sewer Assessment District. , , 4. Authorized staff to, negotiate for the purchase of a motorized street sweeper. <~ . . ., '. . SARATOGA CITY COUNCIL MINUTES NOVEMBER 17, 1971 - PAGE 4 5. Formally appointed CATV citizens committee: Frank Ziegel, Chairman; David Taylor; Robert McAllister, Robert McAlexander; Robert McFarlane; and Jack Sanford. 6, Authorized Public Works Department to complete the necessary channel clearance in the Chester Avenue area. 7. Aùthorized execution of agreemept with Burns Detective Agency for cooperative night security service in theèity's:commercial area. Merchants to pay 50% of the cost of the contract. 8. Authorized purchase ,of Sound Level Meter with Calibrator at a cost of $630. and directed that:the program outlined in the Code Enforcement Officer's memorandum ot'October 20, 1971 be inStituted immediately. . . .......---'-.....:.-.....---~----_._-------......,........_._-------._-,~ --- j 9. L~~se 'agr~ement for the· Comniittee', for review of for' their'assi'stance in Sara~oga Branch Library referred to Manage~ent . terms. Mayor Robbins thanked, the Library' Commission tþis matter.: j.--_.~.- '-- --------.,..- ---- -- D. DEPARTMENT HEADS & OFFICERS 1. Staff to contact property owners concerning the Saratoga-Sunnyvale Road widening project to ascertain whethe~ or not they want a public hearing. 2. Staff. directed to remove the dead'Eucalyptus tree on Sobey Road at Tep_Ac~es Road and trim back the remaining tree.' , 3. Joint Study Session between Planning Commission and City_Council to be held in early January. ' I 4. Planning Director's report on Older Ranch situation referred to Planning and Environmental committee for further èonsideration and report back to City Council. 5. City Attorney reported on progress in the John Gorman case. E. CITY MANAGER 1. Approved Change Order #1 for Wildwood Park Construction on recommendation of Sgt. Don Tamm that additional lighting be installed at a cost of $670. 2. [D'i:ect~d~CrtYMan,,-ger-not~to contacE'·Creyof-San Jose re boundary agr:eement at thJ.s-tJ.me~ .., ,.. ..,--.,--'- "--- ' , ' 3. Authorized staff to take the necessary steps to have the small red building on the Miljevich property declared unfit for, human habitation in line with the recommendation of the Code Enforcement Officer. Staff to work out a method either formally or informally to allow a grace period until January, 1972 so that the residents may seek alternate housing. Staff was further directed to make itself available to seek housing either in Saratoga or the West side. 4. ¡Traffic control on Big Basin Way and 4th St. referred to staff to handle ,in the most expeditious manner. , VII, COMMUNICATIONS A. WRITTEN l. Letter from Galeb properties appealing to the Council to consi~E tþ~ factors in the development of '(his property. Referred to GeneralPlari Committee of the Planning Commission. 2. Copy of a letter addressed to the Good Government Group from Mrs. Robert Lee Dennis concerning the parking problem during special events at Montalvo. Referred to staff arid Public Welfare Committee. 3. Letter from Mrs. Bassoni re conditions at our Recycling Centeroreferred to Planning and Environmental COITm1ittee. 4. Letter from Mr. & Mrs. Ed Cobb, 203ll Kilbride Drive and from the Argonaut P.T.A. re traffic problems on Miljevich Drive and Kilbride Road referred to staff to determine the need for appropriate action. . .' " . ,,~ ~. ::;.~ SARATOGA CITY COUNCIL MINUTES - NOVEMBER 17, 1971 - PAGE 5 5. Letter from W,I. Hawkes thanking the Public Works staff for clearing away debris adjacent [to st~r~__dr~~~,~ut'f~:: nOfed. 6. Letter from Byron E. Hall concerning the proposed pathway to the Gatehouse noted and filed. 7. Resume for W. Richard Hildreth, Director of Saratoga Horticultural Foundation noted and filed. I 8. Letter announcing Alan S. Hart's ret,irement noted and filed. 9. Letter from League of California Cities showing final standings in the 1970-71 Safety Contest, noted and filed. 10. Announcement of General Meeting of Peninsula Noise Control League on November 22, 1971, noted and filed. ll~ Board of Supervisors advice of their' action on the Mid Peninsula Regional Park District noted and filed. B. ORAL - None VIII. ADJOURNMENT Mayor Robbins acknowledged the presence of Planning Commissioner Smith, Mr. and Mrs. Lively, Russel Bacon, Peggy Corr, Katherine Duffy, Ruth Owen, Planning Commissioner Martin, Miles Rankin; ,Dr. Abrams, Bob Durham, Gene Zambettì and,City Treasurer, Vladimir, Fabris~ The meeting adjourned to Executive Session at 11:35 P.M, Council reconvened in open session at! 11:50 A.M. and accepted offer of sale of Azule Park site in accordance with terms outlined in Ditz-Crane letter of November 5, 1971. /~~".d' , /CITY MANAGER. V " :r