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HomeMy WebLinkAbout05-03-1972 City Council Minutes SARATOGA CITY COUNCIL MINUTES TIME: Wednesday, May 3, 1972 - 7:30 P.M. PLACE: Saratoga City Council Chambers, 13777 Fruitvale Avenue, Saratoga, California TYPE: Regular Meetin~ I. ORGANIZATION A. ROLL CALL ~ Present: Councilmen Bridges, Diridon, Dwyer, Kraus and Smith Absent: None B o MINUTES The minutes of the April 19, 1972 Council Meeting were approved as written. C. APPOINTMENTS 1. Eugene L.' Zambet~i was appointea as a member of the Parks and Recreation Commission. II. BIDS AND CONTRACTS None III. PETITIONS, ORDINANCES AND FORMAL RESOLUTIONS A. RESOLUTION NO. 612 - Resolution Authorizing Transfer of Funds Between and/or Among Accounts It'was recommended to transfer the sum of $20,042.15 from Motor Vehicle License Fund 43 to Gas Tax Construction Fund 45. This was adopted. B. RESOLUTION NO. 613 - Resolution E.stablishing Committee of!the Whole Meeting Dates Mr. Beyer explained that this resolution sets forth that the City Council will meet the second and fourth Tuesdays ofl~each month, at 7:30 P.M., and will be forISthe purpose of studying various issues that may be anticipated for the future or that have been discussed at a previous Regular Council Meeeing. Councilman Bridges moved for adoption; Councilman Dwyer seconded the motion and the resolution was adopted, C. RESOLUTION NO. MV-40 - Resolution establishing "Yield" Intersection at Miljevich Drive and Kilbride Drive It was agreed that a "Yield" sign at the above intersection would more clearly define the right-of-way at this corner. Councilman Dwyer moved for the adoption of Resolution MV-40; Councilman Kraus seconded the motion and it was carried IV. SUBDIVISIONS, BUILDING SITES AND ZONING REQUESTS A. SDR-931 - JORDAN M. 'PENNOYER, VIA REGINA'- An Appeal of the Planning Commission Decision to Deny Request for Consideration of Conditions of Building Site Approval Mr. Beyer read the report of the Planning Commission, which expresses denial of the request for reconsid.eration of the condition to improve the access road to an 18-foot width and to bring the bridge up to an 18-foot width. Mr. Stan Walker indicated that the property owners involved with the above matter would like to meet to try to work out a financial arrangement for this widening. Mayor Smith recommended that those interested parties be encouraged to meet with the Staff between now and the next regular meeting to discuss the financial aspect of this matter for further discussion at the next Regular Council Meeting. This recommendation was unanimously approved. B. SDR-943 - JOHN T, STONE, MT. EDEN ROAD - An Appeal of the Planning Commission Decision to Deny Request for Reconsideration of Conditions of Building Site Approval Mr. Beyer read the Planning Commission Report of April 10, which indi- cates denial of the applicant~s request for submittal of two separate survey maps in'lieu of the singl~ required Record of Survey or Parcel Map, It was the City Attorney's feeling that a parcel map would be less costly and acceptable, but this would have to be investigated. Mr. Stan Walker indicated that th~ applicant is unable to get the engineers to d6 the survey for the price he is willing to pay. The approximate cost would be $750. Councilman l~er moved that the request for reconsideration of the above conditions be denied; seconded by Mr. Kraus and carried, C. SDR-946 - ROBERT H. BpHN, PIKE ROAD - An Appeal of the Planning Commission Decision to Deny Request for Reconsiderationof Conditions of Building Site Approval, Mr. StUn Walker gave a brief history of the matter of widening Pike Road and explained that there were previous attempts Go form an assessment district but these attempts failed. Because of the hazardass conditions of this road, it was the decision of the Planning Commission that a policy be set, whereby no other building sites be approved until the conditions of Pike Road be brought.up.to minimum standards, He con- tinued that originally one of the first residents had believed the~ requirement to be unreasonable, and it worked out mutually that he would contribute $4,000 worth of improvements, which would go towards the widening of the road, and thereafter this amount was established to be the contribution for each building site proposed on this road, with the understanding that when th'e 18-foot widening had been accomplished a rebate would be issued to those contributing property owners. Councilman Kraus moved that the Building Site Committee Report be upheld and denial of the request for exception of condition to widen Pike Road to the 18-foot standards be reaffirmed; Councilman Dwyer seconded the motion and it-was approved, D. SD-952 - AVCO DEVELOPMENT CORP., COX AVE. - Request by Planning Commission for interpretation on.consiStendyof proposed subdivision.with General Plan Mr. Beyer read the report.dated April 28, 1972, from the Planning Director which explains that a tentative subdivision map consisting of 65 lots is pending before the Planning Commission and that this p~oposed development lies approximately 19 blocks within the proposed right~of-way for the West Valley Freeway. The report further indicates that the governing body~ shall first make the finding that any subdivision map is "consistent" with the General Plan before said map is approved. Mr. Beyer indicated that it had not been determined if th~ City Council would interpret "consistency~' with t~e General Plan or whether it should be referred to the Planning Commission for interpretation. He further ' indicated that we should attempt to arrive at an explanation that might be agreeable with Council and the Planning Commission as to the inter- pretation of this term. - 2 - City Attorney Faber Johnston agreed that it would be good to establish a policy for interpreting this term. It was the unanimous decision of ~he Council to discuss the interpre- tation of "consistent" in relation to the General PLan and to establish who shall have future authority tO determine the consistency with the General Plan.at a joint meeting and study session with the Planning Commission on May 8, 1972. Mr. Rick Perkins of VTN came forth, and lafter he was given clarification of "study meeting", agreed to grant an extension of time toapprove the subdivision'map to May Councilman Dwyer moved that this extension of time be approved, con- ditional upon receipt of a letter from the developer in-confirmation of this extension. Councilman Kraus seconded the motion and it was carried. E. TRACT 5029 - SARATOGA FOOTHILLS DEVELOPMENT CORP., SARATOGA AVE. - A Request to Exchange Corporate =Surety Bond for Cash Bond tO Insure Maintenance of~Improvements Councilman Dwyer made a motion to approve the above request. Councilman. Bridges seconded the motion and it was carried° V. PUBLIC HEARINGS r A. V-371 - W. C. GARCIA & ASSOCIATES,ISARATOGA-SUNNYVALE ROAD,' CONTINUED ~/15~ 4/5 and 4/19/72 - An Appeal of the Planning Commission Decision to Deny a ~ariance toiAilow a Food Store of 28,000 Square Feet in Lieu of the Maximu~ Permitted of 12,000 Square Feet ~ublic Hearing opened at 8:25 P.M.1 Mr. Beyer indicated that there have been 2 new pieces of correspondence received regarding this matter 1) a memo from Mr. Bowie, the developer representing SDS, giving his review of the study meeting of April 24, and 2) a letter from Robert H- Gregg requesting denial of. the variance request. Mr.' Bowie came forth and indicated that he would be willing to answer any questions in regard to the shopping center development at this time, Mr. Richard Green, 12350 Goleta Ave., President of Azule Homeowners Association,~ expressed'~i~ opposition to the proposed development, He /h~d'h~d'~ha~h~A~gonaut ~h~ppi~g Center has requested expansion. He '~ls'~'f~l~h~t, regardl~ of what we do, we cannot hide the parking lot.! ~It was h'i~'f~l~n'~ha~h~de~fo~n~nt would .~ook a great deal like the area'bet~ Stevens ~r~k~d~Pr~pect Avenue, ~d~h~fd not like to /s~h'~'k~d~f~it~fon. He emphasized that he is very much opp~d'~ / .~'287000 sq~ fo~st~re ~d'~at he reafl_~"doe~'~e~ ~, need'for[~ .same. Robert Ewing representing the Quitoi Area commented that the area in discussion is already overbuilt and that other shopping areas can adequately handle shopping needs. Mrs. Clara Anton~.~pressed__her opinion that there is ~ff~Fient shopping c~Within the area and that a large shopping center woufd'~dR~ing, James Brown, 12099 Natoma Court, is of the ~Spihi'on that the area is largeiy undeveloped and would draw ~ good deal oF~traffic. He feels it would go along the same visitor aspects as Paul Masson, Villa Montalvo and Hakone Gardens. He also {ndicated that he has talked with Wells Fargo concerning the feasibility of financing and they advised that they -would finanqg, and that any additional shops could be entered through their Real Estate Department. ~ Mr. James Hanson, 12066 Antonette Court, expressed his disapproval of a 1 28,000 square foot store. He indicated that he doesnit believe any consideration should be given to a variance at this time. Mr. Stewart Kirkpatrick, Kirkmont Ave., Saratoga, is of the feeling that the City Council would be in.keepi. ng with the master plan.of Saratoga in denying this development. Mr. Bowie, in referring to Mr. Greents comments above,/agr~es that parking lots are unattractive' but feels this can be minimized by good landscaping. He mentioned teat the text of the master plan re- stricts the area to recreational qses, such as a bowling alley or skating rink, but he pointed out that there facilities usually run approximately 25,000 square feet in size. He again pointed out, how- ever, that building size alone should not be the key issue. He indi- cated that he had suggested at the study meeting that perhaps what is necessary is a new study of the ar'ea to determine if a shopping center would best serve the needs of the ISaratoga residents. Mrs. Stewart Kirkpatrick'came forth and advised that in her opinion~a "drug store just one step above Payless" is really not needed in Saratoga. She also indicated that a 28,000 square foot market in the same area would create a real traffic problem. She also mentioned the fact that the shopping center would be directly across the street from her home. Mayor Smith then cSmmented that he felt the study session to be a valuable experience, and, in.summary, he feels that the two issues are 1) whether or notwe are going to grant a variance and 2) whether or not we are going to study the Visitor-Commercial aspect. It was his opinion that to grant a variance wbuld be going against the original concept. He continued by saying that the point by Mr. Bowie about an aRrp~jpriate studs is well taken, and it happens that this year is _/~ed~le~ for the 5-year review of the Plan. He indicated that this would be the time to look at this lssue. Councilman Bridges commented that from his observations of areas in which development has taken place onsingle parcels, the Visitor- Commercial concepts have kept difficult problems from arising.. He further stated that, in spite of the great amount of time and studies, this is a General Plan matter. It has been traditionally upheld by Saratoga, and to impose by variance would be to impose not only this small portion but also some 42 other acreas and 5 other projects like this in the area. Councilman Dwyer commented that he doesn't see how we could give one property owner an advantage that is denied to others. Councilman Kraus indicated that this area would cover a great deal of drawing power in Saratoga. Councilman Diridon pointed out that a very significant factor is that the proposed development.does not have the support of the citizens and that this must have an impact on the decision. He moved that the appeal to deny variance be denied.. This motion was seconded by ~r. Kra~S and carried. Public Hearing closed at 8:50 P.M. B. SDR-942 - SHANNON LIGHTFOOT, SPRINGER AVE., CONTINUED.4/~55~d 4/19/72 - . An.Appeal of the Planning Commission to Deny Application for Building Site Approval for TWoSLots on Springer Avenue Public M~aring opened at 8:50 P.M.' Mr. Beyer indicated that Mr. Lightfoot had brought to the City Office three recent letters from engineers, as follows: G. C. McKinney, Civil Engineer, Ralph Rapattoni, Consulting Engineer and Marvin Kirkeby, Civil Engineer. Mr.,.Lightfoot came forth and explained that he would have preferred if Mr. Kinney could have been here tonight because of'his background, and would, if possible, prefer to have a continuance. Mayor Smith indicated that it had been decided at the last regular meeting that the matter should not be continued any longer. He further advised that Mr. Kraus and himself have met with Mr. Lightfoot on several occasions and he feels that enough' time has been given to the matter. Mr. Lightfoot then.continued by pre.senting the Council with a subd{vision map of the area, dated 1905. He gave a comparison of this map to the present map and indicated the size to be the same. He also presented a legal description of the boundaries and indicated that he doesn't feel the assessor has backed up his survey. Mr. Lightfoot continued by stating that he knows he can get one lot out of the property, but he feels this would be too much money %for one lot; he would have to put a $60,000 house on it. City Attorney Faber Johnston reviewed the map with Mr. Shbok. Mayor Smith pointed out that portions of these lots have been done away with and that the existing land is not the same as it was originally. Councilman Dwyer moved that the appeal be denied; Councilman Kraus seconded the motion and it was carried. Public Hearing closed at 9:10 P.M. The City Manager indicated that he would like to comment at this time re- garding the re-setting of two matters Coming up for Public Hearing,. which originally had been set for May 3rd, but because of~a"ti~'~lement now has to be moved to May 17th. These Hearings are concerning 1) San Marcos Road and 2) Ordinance No. 38, amending the Building Code. The date of May 17 was approved for Public Hearings.' VI, ADMINISTRATIVE MATTERS A. MAYOR 1. Mayor Smith advised that he had ~eceived a letter from Mr. Ulrich concerning the beautification oilstreets. Mr. Robert Shook indicated that She State does not wish to become involved with any hazards that may be connected with improvements in landscaping. It was. agreed that we should first find out from the State what the requirements would have to be for commencing on a project such as'this. 2. The Mayor indicated that a number of residents from the Piedmont Road Area have expressed their d~sire to meet and talk about improve- ments on Piedmont Road. He advised that this meeting time will be established. 3. M~yor Smith expressed his support of a joint jurisdiction organi- zation represented by Saratoga. City Manager and Mayor, representatives from various school districts, the Superintendent of Schools and possibly the president of Wast. Valley Jr. College. Some of the topics suggested for discussion were 1) unified purchasing, 2) common election dates, 3) exchange of personnel, 4) what recreational monies are being Used for, 5) planning and 6) Parks Program. Mayor Smith indicated that he would like to have Council's authorization and support for this type of joint jurisdiction organization. Councilman Dwyer moved to begip forming this'committee; Councilman Kraus seconded and it was carried. 4.~ Council Appointments - Mayor Smith indicated the assignments tha6 had been given for special committees. It was also mentioned that a resolution'would have to be drafted naming the alternate repre- sentative to Sanitation District No. 4. Councilman Bridges moved that Robert Dwyer be named as alternate; Kraus seconded the motion and it.was approved. 5, Mayor Smith mentioned the fact.that there have been some comments concerning the "downtown.study committee", Mr. Beyer advised that Public Works was asked to proceed with the implementation of the traffic problems originally, but because of the nature of the recommendations for improvement of these problems and the fact that parking would be eliminated on Big Basin Way, it was recommended that these conditions be discussed with those people who would be directly involved. Mr. Beyer commented that he is hopeful of getting.some ideas from the "downto~m committee" and would try to get a preliminary report back to the Council within the 'next month. Councilman Bridges commented that it is his feeling that the Public Welfare Committee is basically in,support of the ideas set forth and that implementation could begin as soon as the State has given authority. B. FINANCE 1. Mr..' Beyer explained that the $50,000 disbursement to Valley Title Company on the list of warrants'is for the down-payment for property to be purchased from the Archdiocese of San Francisco, consisting of 11.4 acres. He indicated that he would like to have Council's approval for 1) City Attorney to open Escrow account and 2) the Mayor be authorized to sign the $50,000 warrant. Councilman Dwyer moved that the City Attorney be authorized to enter into Escrow instructions and cohclude the sale of the property and that the Mayor be authorized to'sign the $50,000 warrant. The motion was seconded and carried. 2. Mr. Beyer then requested that the Mayor be authorized to sign the remainder of the warrants. Mr. Dwyer moved that the disbursements be approved; Councilman Kraus seconded the motion and it.was carried. C. COUNCIL COMMITTEES AND COMMISSION REPORTS 1. Mr. Louis Franckx, Chairman of ehe Thoroughfare Lighting Committee, gave his report. He explained that essentially what the committee - 6 - has attempted. to do i~ to select a standard which~will give adequate lighting along the streets in Saratoga Village and one which will be appropriate. He then~outlined some of the possibilities for lighting. He also indicated that there would be a good range in prices, depending upon the style and size chosen. M~r. Bill Stevens representing PG&E have a cost comparison of the various types of lighting. He ~stimated that 60 t75-watt bulb lamps would run approximately $8,600, and receptiCles for holiday decor would be an additional $1~100. He also indicated that cast iron would run approximately $6~000 additional, totaling to approxi- mately $15,700. Mayor Smith indicated that the Staff will wantto review these figures and that Mr. Beyer.will~report at a future Council Meeting on the Staff~s recommendations. D. DEPARTMENT HEADS AND OFFICERS 1. Public Works - Mr. Shook reported that.a preliminary study on ~the feasibility of bicycle routes is being made ands that he would have a report at the next meeting of May 17, 1972. E, CITY MANAGER 1. The City Manager announced that demolition is slated for the Rizo house on the Miljevich property~ at Saratoga-Sunnyvale Road on Monday, May' 8; 1972. He furthe~ indicated that a large notice has been,posted on the barn on Miljevich Drive stating that the barn must be condemned unless immediate action is taken to lower the posts. He advised that to date~the Rezo family has not found a place to live. Mr. Beyer requested authorization to set a Public Hearing for~ May 17, 1972, at which time the City Staff would present infor- mation to declare the property a "public nuisance", due to the fact that there are definite health hazards, complaints by neigh- bors, etc. A Public Hearing on this matter for May 17, 1972 was approved by Council. VII. COMMUNICATIONS A. WRITTEN 1. Letter from Jeff Louden regarding his support of the Community Garden. Council noted and filed. 2. Letter from Margaret Denness opposing artificial lighting on Saratoga-Los Gatos Road. Council noted and filed. 3. Letter from Orville Lykins regarding annexation into Saratoga. Mr. Lykins had requested to proceed ~ith construction while the annexation is being processed. This request was approved. The City Attorney will review the l~tter from the City to the County approving the proceeding,with construction, B. ORAL 1. Mr. Dewey Kosich of Kosich Construction requested a final map for Tract 5088. All required dbcuments have been submitted. It was moved and seconded to approve the final map. Carried. '4 2. Councilman Diridon presented a letter he had received from a citizen expressing his interest~ in the trash problem and his offer to assist with the problem in some way. The City Manager was asked to respond. 3. Councilman Diridon.expressed his desire to a~tend the League of California Cities Institute on May 17 thru 19 in San Diego. This session will be exclusively for new mayors and councilmen. This request was unanimously approvedo VIII. ADJOURNMENT The meeting adjourned at 11:00 P.M. /~.~ ~'~ ~ ~ Respectfully submitte~,' Robert~.F ~ ~ C~ty Clerk. ~ .