HomeMy WebLinkAbout02-16-1972 City Council Minutes SARATOGA CITY COUNCIL MINUTES
TIME: WEDNESDAY, FEBRUARY 16, 1972 - 7:30'PjM.
PLACE: SARATOGA CITY COUNCIL ~HAMBERS, 13777:FRUITVALE AVENUE, SARATOGA, CALIFORNIA
TYPE: REGULAR MEETING
I. ORGANIZATION
A. ROLL CALL
Meeting called to order at 7!32. P.M. All Councilmen present.
B. MINUTES
Minutes of February 2, 1972 approved with the following amendmen6:
Section II. A. should be clarified by the wording: "Council directed
the staff to investigate rechannel~the cre~k and to work out a
different agreement with'the Flood Control District".
II. BIDS A~D CONTRACTS"
A. WILDWOOD PARK LAKE DEBRIS BASIN
Without objection continued to,March 1, 1972. Mayor directed staff to
obtain maps showing lake. and location of re-cha~3~g~')gnd report back
on March 1~ 1972, with a comparison of city's cost of rechannelization or
debris'basin. '
B. REQUEST FROM COLLISHAW SPRINKLERS FOR TIME EXTENSION FOR COMPLETION OF
KEVIN MORAN/WILDW00D PARK DEVELOPMENT
Granted time extension to March 1, 1972 as recommended by staff.
Staff directed to inform the contractor that the city will invoke
the penarty.if not completed by that date.
III. PETITIONS, ORDINANCES AND FORMAL RESOLUTIONS
A. Adopted Ordinance No..NS-3-ZC-62 re-zoning 17 acre parcel, Fruitvale
Avenue at Douglass Lane from "A" (Agricultural) to "R-l~40,000'' "P-C"
(Single-Family Planned Community) with the ~eading waived.
B. A~b~e~ Ordinance No. NS-3-ZC-63 re-zoning Prince of Peace Lutheran
Church property on Cox Avenue from "A" (Agricultural) to "P-A"
(Professional-Administrative)}witb the reading waived.
C. Adopted~Ordinan~e No~ N~-3jZC=64 re-zoningYWilson property on Pierce
Road from~"R-1-40,000'' (Single-Family Residential) to "R-.1-20,O00"
(Single-Family~Resid~ntial). .Mayor Robbins opposed since he felt this
would establish a precedent f6r downgrading the zoning in the adjacent
properties.
D. Adopted Ordi~aAc~e'.~o./~S-3-ZCT65 re-zgning. Hail p~operty on Wardell Road'
from "R-r-15,000" (Single-Family Residential) and "R-1-40,000'% (Single-
Family Residential) to "A" (Agricultural) with the readingwaived.
E. Adopted Ordinance No. NS-3-ZC-66 re-zoning Bellicitti property on Sobey
Road at Quito andon Chester Avenue at Allendale from "R-I-40,000"
(Single-Family Residential) t9 "A" (Agricultural)
F. Adopted Resolution No. 604 urging irmnediate investigation of standards
of. mercury contamination.
G. Adopted Ordinance ~o. 15-N!.l amending ordinance 15 ~tablishing the salary
of the City Manager..
H. Adopted Res61ution No. SD-426-3 accepting dedication of right-of-way
(Scully Avenue and Elisa Aven~e).
I. Adopted Res61~tion No. 489-1 lmending provisions for recognition of
employee organizations.
J. Council waived reading of Ordinance No. 38.45 amending Chapter 7 of
SARATOGA CITY COUNCIL MINUTES - FEBRUARY lj6, 1972 - PAGE 3
the Saratoga City Code regulating the collection, transportation and disposal of
garbage, refuse and rubbish within the City of Saratoga. Mayor introduced ordinance.
K. Council waived reading of Ordinance 38.46 requiring dogs to be on leashes in commercial
areas and requiring incinerators to compt~ with BAAPCD regula.tions. Mayor introduced
- ordihance.
L. Council waived~reading of Ordinance No. 38.47 providing 'for public hea~ings on summary
'- nuisance abatement causing proper~y damage.. Mayor introduced ordinance.
IV~~, SUBDIVISIONS, BUILDING SITES & ZONING REQUESTS
A. Adopted Resolution SDR-~40-1 granting cond{tional final site approval for one lot
on Saratoga-Sunnyvale'Road.
~. PUBLIC HEARINGS ·
A. V-370 - RAYMOND W. DALY - SEATONAVENUE - CONTINUED FROM 2-2-72
Councilnmn'Smith ~stat~d that the applicant had requested a Variance to allow to
remain an existipg accessory structure, built with setbacks approved under an
administrative error. He' referred t6 the problem Df a serious grade differential
between the'lots involved, which caused the structure to appear much taller than
it actually 'is. Mr. Smith suggested that City could assist in ~oving structure
to conform ~o ordinance.P~lic Hearing:op~ned at 8:20 P.M.
Mrs. Eleanor C.'Pallange, 20672 Woodward Court stated that the Planning Commission
had denied the variance which was after the fa~t. She noted tha~ the structure in
question was 21" from their back f~nce.
Public Hearing closed a~.8:23 P.M. Appeal denied. Staf.f directed to' report back
as soon as possible with regard-'fo cost of relocation of the b~ilding.
B. PUBLIC HEARING RE'SLrMMARY.ABATEMENT OF REPORTED PUBLIC NUISANCE ON MILJEVICH
PROPERTYAT 20401.MILJEVICH DRIVE
. City Manager stated that notices had been mailed to the property owner, the
resident and various interested partie~ 'and published in the Saratoga'News as
authorized at the Council Meeting on February 2, 1972. He noted that there
Were several letters on file and a report from the Code Enforcement Officer
summarizing action which had'been taken on. this matter in the~past. The
p~imary issue is the barn ,hich Mr. Miljevich relocated from one'property
to another without benefit ~f ~ Bnildihg Per~Li~,-~ Variance. He noted the
following cbrrespOndence received in response to the hearing notices and
~xpressing oppo~ition't6.forced~remOval of..the b~n:.l. D.L. DiFiore~ 2. Mrs.
Robert Macartney;' 3.~Claf~ Ljepa~a.a~d MAry B6gdono~ich; 4. Charles W. B~eeding;
5. Carl Perusina, 19029 Brookhaven Drive; 6. Harold L. Hansen;~and '7. Robert T.
Whitlow. He also"repor~d 'oHe"le'[t~ received from~Edward Metzger'reqUesting
"immediate remova~ of the ,b~h;:, . , .~
Ma~or directed that'the'new correspondance be added to the file. Public Hearing
opened at 8:29 P.M. T~e Code Enforcement Officer presented a'chronological summary
of staff action regarding 'the il}egal structure. Mayor Robbins"introduced file
V-365 into e~idence. The Planning Di~actor noted that Nick ~iljevich-is not the
owner of the property, however, he i~ the one against whom the legal~action was
taken. Mr. Miljevic~, S~. is the legal owner.
George Hamilton, CPA for ~he Miljevich,family asked for .~n extension through'
the harvest season on the grounds thatrthis was a personal hardship for'the
Miljevichs since they needed the barn to store and sort fruit, and could not
afford go.pay for storage in"another location. Mr. Rizo, an employee of the
Miljevichs for the past/14 years affirmed that the barn had been used 'f6r
fruit storage the re '/~
p vlq~.summer. _.
' Don Langston, 13633 Westov'ar Drive asked the. City Counckl to consider a
conditional situation where the building could be removed at the end of the
harvest season.
SARATOGk CITY COUNCIL MINUTES - FEBRUAR~ 16, 1972 - PAGE 3
'Edward Metzger, the adjoining property owner stated that there Was a contingency
that the barn should be removed when the property was sold. He felt this was
a deliberate, fla~ran~ violation of the laws and a constant sourceof aggravation
to the surrounding property owners.
Don Miller,.Kilbride 'Court stated that ~eople had been housed in the upper rooms
last year. He also pointed out that the barn had been moved between sun down and
sun up, and no proper permit had been.r~ceived. Mr..Miller said that the residents
would agree to having the barn cut down!to 14 feet.
Public Hearing closed at 9:05:P.M. Building at 20401 Miljevich Drive declared a
public nuisance because it is in violation Of the ordinances of the City of
Saratoga. City to take no action for a. period of two weeks from this date and
if the structure is not removed or brought into conformity with the city
ordinance ~[-"~be removed by the city and the proper~y ~-~i\ liened for removalScost.
C. PUBLIC HEARING RE SUMMARY ABATEMENT OF REPORTED PUBLIC NUISANCE ON MILJEVICH
PROPERTY ON THE WEST SIDE OF SARATOGA-'SUNNYVALE ROAD BETWEEN MANOR DRIVE AND
PROSPECT ROAD '
Public Hearing opened a~ 9:12 IP.Mj Codg Enforcement Officer presented a
chron01og~cal surana~y' o~ staff a+ction r~garding this illegal structure. He
stated that the structure in question appears to be two or more buildings
joined together, at least one of which is a garage. ~There are two smarl travel
trailers outside the building; connected with extension cords. There is a
problem wi~h sewage going directly into!the creek.
City Manager stated that the file containeda chronological summary from the
Code Enforcement Officer; a similar sunmaary from Antone Pachecho of the County
Health Department; a letter from the Department of Housing and'Cormnunity
Development; and Mr. Morris' correspondence with the Ri~%~.~ Mayor Robbins
introduced the material and placed the. file in evidence.
Barne~ McLaughli~, 20460 Ritanna CourtS!who owns the p~6perty.whichb~cks' up to the
property in question and was f~ailiar with the conditions that exist. He felt
~t was unkind to allow the Ri~o~s~to live in this unhealthy condition. He noted
that the buildings had been condemned, and that there was a mosquito problem due
to the open drainage iinej He also stated he had been unable to sell his property
.because of this unsightly situation.
Kent Croft, 20~Ritanna Court presented some photographs showing the view from
his property, which the Mayor. introduced as evidence. Tom Morgan, 20612 Ritanna
Court and Ray Larson 12258 Via Rinc~le voi~ed similar complaints to those mentioned
Public Hearing closed at 9:35 P.M. Str~cture in question on the Miljevich corporate
property located on the west side of Sa~atoga-Sun~yvale Road between Manor Drive
and Prospect Ro~d declared'a public nui~ance~%_,~because~of viOlations. of State
~ Law and City Code.' , '~ "' i The question of
relocation of the tenants was r~ferred '[o ehe Planning and Environmental Committee
and staff to meet with a representative'of the homeowners and the~p(F~_o'~..~ Mr.
Croft to act as representative for theHomeowners. ·
VI. ADMINISTRATIVE MATTERS-
A. MAYOR
1. Called for an Executive SesSion fol0wingthe regular meeting to discuss land
negotiations. .
2. Announced ICC meeting in Sacramento !on March i, 1972.
3. Letter from Saratoga Fire District t'abled.
4. Asked for volunteers to serve on a Commission on alcoholism tO advise the
Board of Supervisors.
SARATOGA CITY COUNCIL MINUTES ~ FEBRUARY 16, 1972 - PAGE 4
1. Payment of Claims
Approved List of.Disbursements and authorized Mayor to sign the necessary
'warrants.
2,3 City Clerk's Financial Report ~nd Treasurer's Report noted and filed.
4. Analysis of second Quarterly Report referred to Management Committee.
C. COUNCIL COMMITTEES AND COMMISSION REPORTS
[1. Approved Management Committee report recommending, approval of an expenditure
of $4-~500 for ~articipati~n'in th~ Joint Redwo6d School Development~
2. A~thorized acquisitio~ of two new pick ups at a cost of~$5953.94,-the~,-
low bid from CourteSy Chevrolet. 67 Ford pick~ to'be transferred to Parks Dept.
3. Adopted in principle the PPC recommended Ordinance, in connection with the
Santa Cruz Mountain Study, Phaseyl. This approval to be. communicated to
the County Planning. Commission and the Board of Supervisors.
4. Authorized the City Attorney to ~raft an emergency ordinanceSimposing a
*freeze on development in the ~%l~'~i'~ge Area and directed staff to
~deli~eate~,~bonndary. j
57' I~dicated 1972 G~ral Plan ReView would b~' limited io incorporation of
Inew mandatory elements. Requested st~ff to schedule list o~ required elements.
'67'Indicated"th~e selection of YoUth Park~dR~f~i0n~sionY~e~he~s t
' ~C would be made in September andzterms would remain January 1 through December
7. Parks Commission request that interim parking be provided at Keyin Moran
Park referred to staff for a more detailed study and report.
D. DEPARTMENT HEADS AND OFFICERS
1.'Staff instructed to follow demonstration bike roUte'system recommended. ., ,=,,:I .. '7- ' ~'~1A copy of this report to be directed
' [o the Parks CommissionS Planning Commission and Youth Commission
soliciting their ~ments.
2. Approved expenditure'for~C~lkway on ~igw~85..as-~. .~ ~ '~
re~on~ended~by the Director o'~l~btic WorkS.1
3. Ahth0rized.filing Notic~ of~Compietion f~r the4th Street-Elva A~enue
Drain Project. " """ !' ~'
4~ Authorized M~y~r .to' signs the agreement dated ~ay 2o,
1971 !f~s.~tion
~f~Morr'is'~r~rl~%'~o~pect R6ad.
5. The question of Unde[groUnding c~ble television along scenic; highways
as recommended bY the~Plan~ing Director referred to Public Welfare
Committee 'and staff to recommend appropriate action .tothe Council.
6. Request for $700 to provide chai~-link fencing for'peri.~eter of Recydle
Center referred to staff to investigate the cost of~or-TeU.,n fencing.-
E. CITYMANAGER -'~port -
CITY OF SA~TO~ COUNCIL MI~TES - FEBRUARY!16, 1972 ~ PAGE 5
VII. COMMUNISTIONS
A. WRITTEN
1. Copy of petition concerning park development at Villa Montalvo Arboretum.
2. Copy of a letter addressed to David S. Arats, Jr. from B.V. Amyx, County
Director of'Parks and Recreation concerning proposed work at Montalvo.
3. Recreation ele~en~ of County General Plan.
4. Letter fr0~ Saratoga Cablevis~n hopin~ for ~ opportunity to discuss CAT.
- 5. Letter f~ C~lifo~i~Council on Int~g~e~nme~al Relations summarizing
legislatfon of 19~1., ' ~. ·
6. Copy of a memosfrom Dr. Hall to members of the Library Commission as
a reminder of the Joint Study Session on February 28.
7, Letter from Mrs. Mary Seavet Wade commenting on the Library situation.
8. Letter from Weight Watchers asking the Mayor to issue a procla~tion in
connection. with a weight reduction program.
9. Copy of a letter sent to the cities which have airports.
10. Letter from Robert E~ing, President of the Village Merchants urging
resumption of more effective parking enforcement in the village referred
to staff.
B. ORAL - None
VIII. ADJOURNME~
Mayor Robbins acknowledged the presence of Mrs. Wilberding, Good Government
Group; Bob Ewing, Village Merchants Association; Bill Stevens, P.G. & E. and
Bill Wagner. The me~ting adjourned to Executive Session at 10:45 P.M. Council
reconvened in open sessi6n at 11:05 P.M. and adjourned.
Respect~lly sub~tted,