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HomeMy WebLinkAbout04-19-1972 City Council Minutes SARATOGA CITY COUNCIL MINUTES TIE: WEDNESDAY, APRIL 19, 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 Smith, Dwyer, Bridges, Kraus and Diridon. Absent: None. R o MINUTES Mr. Beyer read an amendment to th~ minutes as mailed, and the minutes of April 5, 1972, as amended, were approved. Councilman Diridon abstained from voting~ II. BIDS & CONTRACTS A. APPROVAL OF SUPPLENENT TO MASTME T.O.P.I.C.S. AGREEMENT Councilman Dwyer moved to adopt the supplement to the original agreement for the purchase of right-of-way for the purpose of widen- ing the Saratoga-SunnFale Road. Seconded by Counci]m~n Bridges; carried unanimously, and the Mayor was authorized to execute the supplemental agreement. III. PETITIONS, O~DINANCES & FORMAL RESOLUTIONS A. PETITION - RESIDENTS SAN MARCOS ROAD -- A petition to initiate pro- ceedings making the State Vehicle Code, Sections 21107 and 21107.7, applicable and enforceable on San Marcos Road, a private road. Mayor Smith noted that this would allow the City to enforce the Vehicle Code on private roads but would~ not incur the responsibilities ordinarily pertaining to streets and roads within the City's Street System. Mr. Beyer recommended that a public hearing be held at the next meeting, Fay 3rd. Councilman Dwyer asked if this would include the parking on Fruitvale, Just around the corner from San Marcos. Mr. Beyer said that Staff is still studying this matter. Councilman Bridges moved that a public hearing be set for the next regular meeting; seconded by Councilm~ I)wyer; carried unanimously. B. ORDINANCE 3E-9 - Ordinance and Report from Planning and Environmental Comittee. ~r. Walker outlined on a m~p the area involved and discussed the hazards involved -- inadequate water supply, both for home use and for fire protection; ladk of adequate sewering facilities; narrow roads; steep terrain and soil that would be subject to movement should the ground cover be disturbed. ~ He further mentioned the problem of slope density, as set out in the Santa Cruz Mountain Study. The Committee Report recommended adoption of Emergency Ordinance 3E-9 for a minimum period of four months, allowing limited development by requiring a minimum of five acres per building site and compliance with existing regulations, such an slope density and basic site development improvements for access, sanitation, and fire protection. It would allow the property owner to al~ply for a use permit from the Planning Com- mission to, if necessary waive the requirements of the emergency ordinance. Councilman Eraus moved for introduction and adoption of Emergency Ordinance BE-9; seconded by CounCi3ma~ Dwyer; carried unanimously. IV. SUBDIVISIONS, BUILDING SITES & ZONING REQUESTS A. TRACT 4967 - Peter Fitchen, Inc. - Anza Drive - Acceptance of Improvements for Construction. ~r. Beyer said that the construction of improvements had been satis- factorily completed and that the Department of Public Works recom- mended acceptance for construction only be approved. Councilman Dwyer moved for acceptance of construction only; seconded by Councilman Bridges; carried unanimously. B. TRACT 5135 - Saratoga FOothills Development Corporation - Wardell Rd. Requesti. ng~ adoption of Resolution No. SD-937-1, approving final subdivision map, subject to conditions set forth in said Resolution. Councilman Dwyer moved adoption of 8D-937-1, app'roving final map of Tract 5135, subject to conditions set forth in the Resolution; seconded by COunCilm~- Eraus; carried unanimously. C. SDR-8t3 - GLORIA STAHLMAN:- HUME DRIVE - Release of Investment Certificate. Mr. Beyer said that all deficiencies have been corrected and Staff recommends that the street be accepted into the city street plan and that the In~vestment Certificate for $5,000 be released. Councilman Dwyer moved that the street be accepted into the City Street System and that th& Investment Certificate of Deposit ~320658, Crocker Citizens National! Bank in the amount of $5,000 be returned to Gloria D. StabImp-; seconded by CounCtlm-~ Bridges; carried unanimously. D. SDR-828 - JOHN COX'- JACKS ND. - co mmn 4/5/72 - Request for release of Investment Certificates. Following a~report~:,.by~!Mr~ShOok~' Director of Public Works,that the questions concerning underground work and drainage system had been worked out, CouncJlm-n Dwyer made the motion that the Investement Certificates be released to Dr. Cox. Seconded by COuncilm~n Bridges; carried unanimously.' E. 8DR-935 - JOHN L. RICHARDSON - QUITO RD. - 1 LOT - REI~UEST FOR RECONSIDEBATION OF CONDITIONS - An Appeal of the P~_-nning Commission decision to deny request to waive certain con- ditions in connection with Building Site Approval. Mayor Smith referred this matter to the Council Committee. F. SDR-961 - OS.A.~LUND E~,'~oRISES - SARAGLEN DRIVE - 1 LOT - Request for Building Site ApprOval. Moved adoption of Resolution SDR-961-1, granting Building Site Approval; seconded by COU~.cil:m~n Eraus; carried unanimously. G. C-127 - CATHARINE NIVEN - MADROE MTT.L ROAD - Request for refund of $200 filing fee. Mr. Walker explained that Mrs. Niven is applying for a refund of the $200 filing fee she deposited in connection with a Change of Zoning Application on her. Madrone Hill property~ which applica- tion was later withdrawa.~ He said that while no public hearing ~2~ was held before the Council, there had been considerable work on it, and there had been costs to the City. He recommended that half of the amount be refunded to Mrs. Niven. Councilman Bridges moved that $100 be refunded to Mrs. Niven; seconded by Councilm-n Dwyer; carried unanimously. V. PUBLIC HEARINGS A. V-371 - W. C. GARCIA & ABSOC. I~-. SARATOGA-SUNNYVALE RD - Continued from ~'3~'t~5~/72 An appeal of Planning C~,~Ltssion decision denying variance to allow a food store of 28,000 sq. ft. in lieu of 12,000 sq. ft. The Hearing opened at 8:15 P.M. Mr. Beyer said that since the last meeting letters had been received concerning this matter. He read one from the City Attorney concern- ing a Drug Store in CV Zone, and another from Mrs. Jacquelin Pittock , of 20131 Knollwood Drive, objecting to large stores pro- posed to be built at this' location and giving the reasons for her objections, and requesting denial of the Variance requested. He also presented a petition protesting issuance of a Variance at this location, signed by 20 persons from the immediate area. Stewart Bowie, President Of SDCA, developer of neighborhood shopping centers, made a presentation on behalf of applicant, stressing that their main concern is to retain, and even plant more trees and to add eye appeal to this entrance to the city. He presented architects drawings to illustrate what they want to do with this property in developing it as a shopping center. He compared kodak pict.ures of this area to his renderings of the proposed development.~. H~ men- tioned that they were giving to the city enough of this land to add additional lanes of traffic . Councilman Bridges later challenged this, pointing out that it ~asn't a "gift", that it was required by the City. Sam Axtel~l L~'~! of Longs Drug Stores, Walnut Creek, spoke next, out- lining the good qualities of their stores -- not like those that sell everything. Ee told of the beautiful stores they had in other locations, including Carmel, Santa Cruz, etc. Councilman DiridSn question~d~ whether or not Saratoga needs more markets and drug stores, Since there are serveral nearby, and asked whether or not surveys had been made to determine this. Mr. Artel said that this didn't require a scientific survey. He noted that there are lots of K-Marts, and other such stores and h~.fur~her said. _~h~t~he didn't feel it was the function of the Council to determine whether the City needed them since they were a service to the community. He said their knowledge and experience was what they based it on, as. to whether or not they would be successful in Saratoga. Councilman Bridges felt' t~e issue here is they are asking for a variance of procedure to rezone a piece of land and he felt it was definitely the Council's perogative .to decide whether or not any more markets are needed, and he ~pointed out that there are conm~rcially zoned properties available thatI have no such restrictions. Mr. ~xtel conte, nded that this is in reality commercial property, and the main issue is, he said, whether or not it should be used commercially. If not, he said, perhaps it should be put into a park. Then he brought up whether a 12,000 sq. ft. market is better than a 28,000 sq. ft. market. The reason it should be larger, he contended was because of all the inside facilities, such as a baler to take care of discarded cartons, etc., which improve the general outdoor appearance. Mr. West Wood, of their ~al estate division said he had reconnnended this property to their ms_~agement and mentioned that they operate 70 super markets successfully. Councilman Kraus asked how he proposed to attract customers; the answer was that because their selling is on volume, customers were invariably attracted because of the prices. Councilman Kraus asked if he was aware of the sign ordinance in Saratoga. The answer was affirmative. Mr. James Brown, President of the Northwest Home Owners Association, said that the nearby residents had bought and moved into homes under- standing they might have a shopping center there, but there would be only small shops, like a town and country type development, and he questioned whether or not this type of development is acceptable in Saratoga. He mentioned that in 1967-68, the City spent quite a bit of money for research as to the type of future development we should have, and the idea was to keep the stores small. This type proposed, he felt, undercut anything and anyone else. He requested that the variance be denied. Mr. 0wen, a resident of the area, mentioned that Just to the north of this location is an Alpha Beta store, and about a quarter-mile to the south, a Safeway store, and a complex of smaller stores. He felt this would be getting such stores too close together, and requested denial of the variance. Mr. St~art~P..Fitzpatrick, 20410 Kirkmont Drive, voiced his objection to the Variance and requested its denial. Mr. Robert Pirkl, ~l~f~r~A~Y~Y~., also expressed opposition to granting the variance, as he approves the zoning as it now stands. The applicant presented a ~eighborhood canvass in the vicinity bounded on the west by Arroyo de Arguello, on the south by Cox Avenue, on the east by Stalling Road and the north by Prospect. Out of 152 signa- tures obtained, 106 approv~,d the development; 22 disapproved; 2~ had no opinion, and 2 declined to sign. He said that they approached about 50 other people, maybe half of whom were opposed. Councilram- Dwyer moved to Close the hearing; seconded by Councilman Eraus. The Public Bearing was closed at 9:05. The Mayor referred the matter to Comittee, and continued the hearing until the next regular meeting. B. SDR-911, WILLA~D THOMPSON-rOAK STREET - CONTINUED FROM ~/5/72. An Appeal of the Planning Commission decision to deny application for building site approval. The Public Nearing opened at 9:17 P.M. No one appeared to speak either for or against the matter. Councilm-n Dwyer moved that the Hearing be closed; seconded by Councilman Eraus; carried unanimously. Nearing closed at 9:18 P.M. Councilre-- Dwyer moved adoption of the Planning and Environmental Committee Report and its recommendation to overrule the decision of the Planning Commission dated 13 March 1972 and to approve the tentative map filedl6 June 1971, subject to the conditions set forth in said report. Seconded by Councilman Eraus; carried unanimously. C. SDR-942 - SHANNON LIU~fi'F00T - SPRING~R AVE. - CONTINUED FROM 4/5/72. An appeal of the Plannim~ Commission .to deny application for building site apprpval for two lots on Spri~ger Ave. Councilman Kraus said tha~ the Committee had met with applicant and reviewed the situation and that it was the Committee's feeling the appeal should be denied on the basis of the Record of Survey, which showed one parcel, not two, and he recommended the Council oppose it. Mr. Eightfoot said he had some evidence, but not enough, and suggested that he be given an extension to allow time to get the evidence he needed. He said he was not in S hukry to get the site approval; that he had two letters, but needed more. Mr. Philip Jacklin, of 14436 Esterlee, spoke in opposition, saying that in 1961 the map showed it to be one lot; that if there had been two lots, there wouldn't have to be a variance. Councilman Diridon said this had come up before the Council before with the same proponents and opponents speaking, and he felt it was becoming a hardship on the people .who attend the council meetings. Mayor Smith said that it is a matter of dealing with h~mm.n problame, and the matter had been continued only once. He said the Council is trying to be extremely, personal and h,m-n about it, and there is a possibility Mr. Lightfoot might present some points which would · change the picture. Council.ran Kraus moved the Hearing be continued to next meeting; seconded by . CouncllmaD Bridges; carried unanimously. The Hearing was closed for this meeting at 9:30 P.M., and continued to May 3, 197p. VI. ADMINISTRATIVE A. MAYOR 1. Mayor Smith brought up the matter of the mix-up in dates for two drama groups to use the Council Chambers. Mrs. Masters, Librarian of Sara- toga High School told of the difficulties involved by splitting the dates -- in tearing down~amd reassembling the sets, and general clean- up-- especially since school days would be involved. The Mayor directed staff to work with Mrs. Masters on this and to work it out as fairly as possible. He further directed that city employees be used to do the tearing down, reassembling and clean~up needed. 2. Mr. Beyer presented the Budget Recommendation from the Parks Commission for 1972-73 for Land Acquisition and Development; an endorsement of the concept of the Community Garden, as presented to the Council by the Parks and Recreation Commission; and a copy of the Garden Comm~ttee's original proposal. Mr. Douglas M. AdM~, Member of the Board of Directors of the Sara- toga Union School District, said the Board met on April llth and is in favor of the Community Garden. He said that Alan Chadwick, the founder of the Santa Cruz. Campus Garden of U.C. had been interviewed and it was felt he is the proper person for the position of Head Garde net · COuncilmnn Bridges mentioned there is land near the Bedwood SChool available but there seems to be some hold-up in giving a commitment for the use of this land. Mr. Adsins said the Board hasn't taken any action this yet. He said there are two possible locations, and mentioned there had been $1000 pledged in private gifts to this project. He mentioned that he understands it would take $500 to get water to the Redwood School location. Mr. Clay Morris of St. An~rews School, said their Youth program is very much interested and there is room on their property, nnless it is planned for future recreational uses. The Mayor said the Budget Proposal will be taken up in private session prior to June 30th. It was brought out that the Master Gardener's salary would be $3,600 anD~a~ly, not to begin until he is actually on the Job. 3. Mayor Smith said he had a number of plans he hoped to put into opera- tion. (1) Putting out a regular New~letter; (2) using te-m-~ of Councilmen and/or Staff to meet with homeowners groups -- to promote mutual understanding and cooperation~ (3) having a Joint Jurisdic- tional Committee with an aamtnistrative head, including School Districts, Special Districts, and Sanitation Districts, which would make for a better c,ity. He directed the City Manager to start the ball rolling on this. He further mentioned the Council seating arrangement which had not proven satisfactory, and directed the City Manager' to contact Warren Heid to find out how much it would cost to change the present arrangement -- perhaps lower the stage -- so that there would be a better eye level with the. audience. He further suggested instituting something like San Jose has, called Committee of the Wh~le, where the entire council and the public would be welcome, to discUS matters of great interest, such as the Garcia matter. It would not be decision-mAking in scope, but would give the contractors and home owners a chance to discuss points informally. He suggested that such a committee meet on the f.irst.~ ~e~ond~and third Wednesdays, and the fourth Tuesday of each month. Mr. Beyer said that he ha~ had this type of experience before and found that it worked well; and he would like to try it here. Council- man Bridges agreed. The Mayor requested an Executive Session following this meeting to discuss litigation. B. FINANCE 1. Payment of Claims Approved list of disb.ursements dated April 19, 1972, and authorized the Mayor to sign the warrants. 2. CityzC~e_rE]s'!E~nanc~al!'~RepoA-t=..- Approved. 3- TreasUrer~?.~.Report -- Approved. C. COUNCIL COIe~i',T~S AND COMMISSION REPORTS 1.PARKS & RECITATION COl~dl'rl'~ (Covered under Item 2 A, above. ) 2. LIBPARY CO~4ISSION Mr. Beyer took up the matter of the Library Comm~ssion's letter urging that the Council take action on the Lease Agreement between the City and the County for construction of a library at the comer of Saratoga-Sunnyvale Road and Cox Avenue, or as an alternative, financing the project through general obligation bonds in the amount of 92,000,000; or acceptance of the Stern-Renzel proposal. Mr. George Fartier, County Librarian, was present and answer questions asked of him. The motion was made by Councilman Dwyer, seconded by Councilm~n Bridges that the Mayor be authorized to sign the Lease Agreement with the County, subject to being reviewed by the City Attorney. Carried unanimously. Mr. Farrier noted that the next meeting of the Library Commission is on May 2, and urged that the Lease Agreement be signed before then to prevent future deiays. Mayor Smith moved to authorize sending a letter to the Stern and Renzel Trust advising them of the action t~ken by Council; seconded by Councilman Bridges; carried unanimously. D. DEPART~ HEADS 1. MJBLIC WORKB The Public Works Director reported on the Piedmont Road problem, stating that it had been resolved. He said that Sanitary District 4 had jcontacted~aM0ntatvo and they agreed to curtail their activities and to close the exits on Piedmont Road during this work. He further reported that the Street Light Committee met two or three weeks ago with representatives of P.G. & E. re=.instal~lation~Of a now light at the hardware store, for reviow purposes. 2. PLANNING - No reports. E. CITY M~NAGER~.'~'~ 1. Brought attention to the ~Notice that the League of California Cities would hold a meeting May,.~7~19 ,in San Diego for now Mayors and Councilmen. 2. Mr. Beyer brought up OrdinanCe 38 d ecommended it be introduced and a public hearing set. Councilman Bridges moved ~o waive the reading of the Ordinance and to introduce it; seconded by Councilman Dwyer; carried unanimously. 3. 8B-490 - Re City maintenance and repair of sidowalks. Mr. Beyer pointed out that this would alter existing policy of most cities regarding assessment districts, requiring the property owners to be responsible. The City Council requested copies of the proposed Bill before taking any action on it. "Operation I.D." - Mr. Beyer sa%d that staff had been working on this project with two homeowners groups -- a program whereby pieces of ~ersonal property would be marked with the owner's license number, and placing of decals on 1, 2 or 3 windows. The program started in Southern California and has proven successful in cornbatting '.-7~- burglaries. He recomnded the project and asked approval of Council to work with neighborhood groups on this, purchasing the decals at about $B'8' per 1,OO0. Councilman Bridges moved ~that the City purchase the decals and em- bark on the program; seconded by Councilm-n D~yer; carried unanimously. 5. Mr. Beyer reported on violations on the MilJevich property on the Saratoga-Sunnyvale Road, stating there are about lO violations still existing. Three of them were covered in a COmplaint, for which Mr. MilJevich had been found .guilty, but the othsr items have not been cited. They have been discussed with the current owners. There is also a new violation -- selling i~ported oliv~ trees, which is a violation of the Zoning Ordinance. He said MilJevich is no longer the person in charge of the property, and as of July 1st, it will go into receivership, or change hands again. He said he recognizes the problems of the neighbors, par- ticularly those in bank of the property, and is trying to work things out. On some of their complaints, they have been cited, he said, and he has provided Council with a list of the violations, and said it wo~Lld take time to work them out. 6. Keyin Moran Park - Mayor ~Smith directed the City Manager to work out the parking matter, as it could be difficult for the residents to use the street as it now is. Councilman Diridon asked the Mayor to have the Staff again look into the matter of West Valley Freeway and determine whether or not there is a possibility of stopping the freeway. Mr. Beyer said that he and Mr. Shook had met with the State Highway Division Engineers from District 4 and discussed this matter, and frankly, he said, at this time the State Division of Highways isn't cOmmit,t~',i, ng ~i_ts~l~. Councilman Diridon said he had been through the same thing with them, with the same results. He suggested if we are going to do anything to stop it, the best time. might be now. Mayor Smith requested Mr. Beyer to get the necessary information and present it at a future meeting. Mr. Walker said the Planning Commission is anxious to meet in a study session with the new council concerning Committees of the Whole -- that there are two priority items up for consideration. VII. COMMUNICATIONS A. WRITTEN 1. Letter from Mrs. Ellsworth Welch, of Los Gatos Symphony. Mr. B, eyer recommended this be referred to the Budget COmmittee. So ordered. 2. Letter from Larry Whitted, re Bike PPaths. Mr. Beyer recommended moving to get some right away. So ordered. B. Letters of Appreciation from Janet Thomas, Sue Hollis, David P. Rice and Chip White, thanking the City for the opportunity to attend the Ontario Youth Commission Conference. Noted. 4. Better from Lindley H. Mi.ller, Jr., President, Gunn-Miller Co., re: Argonaut Place Shopping Center, Saratoga, telling of plans for enlargement of the Center and urging that careful consideration be given contemplated projects in nearby area which would require variances. Noted. B. ORAL - None. VIII. ADJOD'RI~NT Mayor Smith acknowledged with thanks the presence of members of the Good Government Group, Bob Ewing, and Charlie Smith of the Planning Commission. The meeting adjourned to executive session at ll:B0 P.M. to consider matters of litigation. Reconv~ned at 11:50 and adopted a Minute Resolu- tion endorsing Proposition C on the June Pr~m~y election ballot, then adjourned.