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Home My WebLink About02-02-1972 City Council Minutes SARATOGA CITY COUNCIL MINUTES TIME: W~dnesday, 'February 2, 1972 - 7:30 P.M. PLACE: Saratoga City COuncil Chambers, 13777 Fruitvale Ave., Saratoga, -Ca., 95070 TYPE:' REGULAR MEETING. I. ORGANIZATION A. ROLL CALL Present: Councilmen Kraus, Smith, Robbins, Bridges and Dwyer Absent: None. · ',- ~ , ! ~ B. MINUTES The minutes of January 19, 1972 meeting' w~e a~p~oved as mailed. C · APPOINTMENTS = . ? ~ ~ !I COunCil accepted resignation of James* R. Huff aS City Manager and appointed Robert F. By~r as City Manager. Mr, Beyer.·will report to work on March 1, ~972. Mayor Robbins introduced Ordinanc~ 15-M.1 establishing the salary of the City Manager at $1917 per month effective March 1, 1972. II. BIDS AND CONTRACTS A. WILDWOOD PARK LAKE DEBRIS BASIN 1. Management Committee recommended approval of Agreement with Flood · Control District to share Engineering cost, provided construction is accelerated.. Councilman Smith expressed reservations about the value of the lake and asked that staff investigate the possibility of relocation of the channel '~n its natural state to provide ade- quate creek flow capacity with minimum impact on WildwOod Park. Council directed matter continued to. February 16th to receive staff report on Flood Control District reaction to this"pre~ Larry Tyler requested that a decision be made. to permit completion of P~,~arking District and to permi,t him to coordinate his property de- velopment with creek or lake plans. 2. Agreement for Engineering Services with Creegan and D'Angelo Deferred to February 16th. III. PETITIONS, ORDINANCES ~ FORMAL RESOLbTION8 A. RESOLUTION N0.60~ re MerCury Standards referred to Planning and Environ- mental Committee B. RESOLUTION No. 36-BT133 releasing bond and accepting dedication of streets in Tract 3739. Adopted. C. RESOLUTION NO. 36-B-13~ releasing bond and accepting dedication of streets in Tract 37~6 adopted. ~ D. I~ESOLUTION NO. 60~ approving interim Federal' Aid Urban ·System and requesting "'~ additional routes for inclusio~ into Final Federal Aid Urban System adopted. COUNCIL MINUTES - 2/2/72' Page 2 E. RESOLUTION NO. 606 authorizing execution of agreement.between the State of California Department of Finance and the City of Saratoga regard- ing a population estimate adopted. IV. SUBDIVISIONS, BUILDING SITES .AND ZONING REQUESTS A. SDR-930 - FERNANDO GONZALES - ARROYO DE ARGUELLO . Adopted Committee report recommending denial of request to reconsider cenditions. V. PUBLIC HEARINGS C-l~8 - GEORGE W. DAY - FRUITVALE, AVE. & DOUGLASS LN., Cent'd from 1/5/72 Public hearing on Request for; Change 'of Zoning from "A" (Agricultural) to R-l-~O,000" "P-C" (Single Family - Planned Community) Rearing opened at 8:25 P.M. · . Stan Walker reviewed submissions by developer; City Manager noted correspondence received. Ed Panelli, speaking on behalf of developer, expressed approval of proposed ordinance terms except for requirement of completion within a year.. Doug Adams asked if similar development would be~pproved for other property south of RedwoOd School. Larry Whitted, of ESS, expressed disappointment. that plan did not provide for preservation of. more open, space. Nearing closed. Mayor introduced OrdinanCe' No. NS-3~ZC-6~; B, C-l~O - PRINCE OF PEACE LUTHERAN CHURCN, SARATOGA AVE. AND COX AVE. , Public Hearing opened at 8:35; P.M. No comments from audience.' Closed at 8:36. Zoning Ordinance NS.-3-ZC-63 was introduced. C. C-129 - JAMES F. NILSON - PIERCE ROAD - Rezoning from "R-1-40,O00 (Single Family Re~ldential)"t0 "R-1-20,O00 (Single Family Residential)" Hearing opened at 8:37. No one spoke from audience. Nearing closed. Mayor introduced Ordinance NS.-3-ZC-6~. D. C-151 - MARSHALL S. HALL - WARDELL ROAD, rezoning from "R-l-!5,0QO" R-1-40,O00" to "A". ~' Hearing opened at 8:38. CloSed 'at 8:39. Ordinance. No.. NS-3-ZC-65 was introduced, ~; E. C-152 - ISABFf.T.~. BELLICITTI - SOBEY ~D. AT QUITO AND CHEST~ AVE. AT AT.f.RNDALE AVE. Rezoning from R-1-40,OOQ" to "A". Hearing opened. No one spoke from audience.' Hearin. g closed. Zoning' Ordinance NS~3-ZC-66 intrOdu6ed. F. V-370 - RAYMOND W. DALY - SEATON :AVE. re appeal from Planning Commission decision to deny a variance for an accessory structure. City Manager read Mr..~.ly." ~.Z~.letter Of appeal and noted receipt of letters opposing vBriance. Mr. Rasmussen voiced objections to variance. Hearing closed for evening at, 8:~6 P.M. and continued to February 16. Referred to Planning and Environmental COmm~ ttee for recommendation. COUNCIL MII~JTES - 2/2/72 Page 3 VI. ADMINISTRATIVE! MATTERS A; E~YOR ~or Robbins announced meeting of ABAG on Febru~r~ 2~th. Counci]m~n Bridges, who will-represent the COrnrot tree, was mm~e aware of the con- census of the Cpuncil in opposing~.increase of dues, but was left free to vote as he thinks best. The Mayor called an Executive Session-at the end of this meeting to discuss attomey-dlient relations.hip re the Hartman claim. B. FINANCE 1. Payment of Claim. Approved list of disbursements dated February 2, 1972 and authorized Mayor to sign warrants with ,the addition of a warrant ~11~83~ in the amount of $102,255-79~ to pay' for first~ six months of Sheriff's Patrol Service.. C. COUNCIL CdM)~'rr~.'.:S' 'AND COb~ISSk0N REPORTS 1. PARES AND,RECREATION! r Recommendation .to restrict parking on Scuily Ave. referred~t0 ~{aff fo~.study and report. Recommendation of Parks and Recreation Coumittee to implement bike route(,p~S~o~-~]~._] referred ,to staff ~ 2. PLANNING AND ENVIROI~NTkL CO]~4I'I'I'mz Councilmm~ Smith reported on Comm~ ttee progress on P .G. & E. trams- mission lines. Committee recommended approval 'of Redwood School aoint project re~z _ f dditi a t ed . field, but asked that ~nds ~development o ~a -, -on t- urf · athletic df{~t~d'not'*~ff~'ct E1 '{~i~o' Park an~ Gardiner projects. 3. PUBLIC WELFAF~ CO~I'F]LZ~ - recommended requiring animals to be on leash in commercia~ areas. Staff was 'directed to draw up necessary ordinance. ~. YOu'i'M COMMISSION recommendation re bicycle identification referred to staff .for report. Recommenda'[ion ' ~ _ ~to allocate bicycle fees to bike paths+Q rejected on nssumpti~n that more money will be required than'is available from bicycle licensing. D. DEPE HEADS AND OFFICFa{S 1. DIRECTOR OF 'PUBLIC WORE8 reported that Division of Highways had dis- co~d= that a walkway could be .constructed on both sides of Saratoga- Sunnyvale Road increasing the cost from $5,700 to $9,300 for walkway construction. Mayor Robbins expressed approval. of this change. 2. PLANNING DIRECTOR - reported on 'Pianning Commission recommendation to rezone Dempsey property on Saratoga-Los Gatos Road from "C-C" to "P-A". Referrekl to Planning and Environmental Committee. E. ' CITY MANAGER 1. Redommended Council set public hearing on February 16%h to consider whether or not to declare barn on MilJevich property at 2Q~01 MilJevich Drive as 'a public n~tisance. Council set hearing for,8 P.M. on February 16th. · ~ COUNCIL Mn~TES - e/2/Te Pa~e ~ 2. Submitted report on Burglaries for 1971. '- 3-. Announced that under the FEP,'.a Deputy is being hired by the Sheriff's Department. Saratoga' will lease car from Sheriff e 1~ per mile (minimum $190.O0 per month) and will purchase radio. VII. CO~TONICATIONS . A. 1. Letter from T. J. Stapleton of Operating Engineers Local Union No. 3, asking Council to amend ResolUtion No. ~89 to provide recogni~tion of more than one organization. Referred to Management Committee, City Attorney and City Manager for~.recommendations. 2. Claim for Money end for. D~m-ges Pursuant to Section 910 of the California Government Code, by, Gary Hartman. The Mayor said that this is up for discussion in the ExeGutive , Session ~ollowing this meeting. 3. Letter from the Office of EdUaation re School District Unification. Elections', June 6,. 1972. Noted and filed. ~. Letter from Mrs. Samuel Smith re Saratoga Food Market site as a City ' Park. Mr~ Wal~ker said this ia before the l~lanning Commission. .· 5. Notice of Public Nearing before Board of Supervisors re Transit District. Noted and filed. ·; 6. Letter from Ch~nber of CommarGe re architectural design of various entrances to Saratoga. Referred to Planning Commission and Archi- tectural Advisory Cornrot ttee for study and l~commendations. 7.' Letter from Chamber of CommerCe requesting Ci~y's participation in the annual parade in the' amount of $750. Referred to Management Committee for study. , Bo ORAL 1. Edward BasalaSs, 19313' Athos ~lace, announced that he has filed for election to the City Council.: 2. Rod DiMdon also-announced-his candidacy for' Council. ' 3- Kent Croft, of 20626 Ritanna Ct.,' expressed his displeasure over the Miljevich ma.tter, .sayipg i.t ha, d been going.on for far too 10ng, and he wants something done about it. The City· Attorney explained that Mrs. MilJevich had been brought to court over this and was found guilty and giv~.n.a ~ail sentence which. was, suspended on the condition he clean up the property. The~ time spe&if~e~ 'ran out'last week.' The court is about to revoke the suspension and put him in jail. The City has no right to declare anything or take the property without a public hearing. Mr. Croft also complained abort ~aged barking dogs. The Mayor said the mutter is being handled as stated. Council set public hearing for February 16th to determine whether or not to declare all existing violations on the MilJevich property on Saratoga-Sunnyvale Rd. between Prospect and the railroad to be public nuisances.. COUNCIL ~&~oTES -2/2/72 Page 5 4. William A~ Garz called attention to an article appearing in February 2 Saratoga~ Ne~s concerning the Saratoga Youth Comission. He thought it was excellent and fel~ it should be included in the Minutes. 5- Mrs. Belanger, of Peach' Hill Road, asked if Council knew about a peti- tion circulating in the PiedmSnt area. No information was available but the Fayor directed staff to attempt to determine the Content and purpose of the petition. VIII. ADJO~ The meeting adjourned to Executive SeSsion at 10:10 P.M. Reconvened in open meeting,at lO:45P.M. and~ voted to dehy the Hartman claim and refer it to the City Attorney. Councilman Smith did not participate in either the discussion or the voting on the Hartman matters', Respectfully submi_tted,