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HomeMy WebLinkAbout05-17-1972 City Council Minutes SARATOGA CITY COUNCIL MINUTES TIME: Wednesday, May 17, 1972 - 7:30 P.M. PLACE: City Council Chambers, City Hall, ~13777 Fruitvale Ave., Saratoga, California TYPE: Regular Meeting ... I. ORGANIZATION Present: Councilmen Bridges~ Dir~don, Kraus and Smith Absent: Councilman Dwyer B. MINUTES Mr. Diridon brought to the Council"s attention a correction under Public Hearings, Garcia and Associates: The last paragraph should be changed to indicate that the Planning Commission decision to deny the variance was upheld and that the appeal was denied. The minutes of the May 3rd Council Meeting were approved with the above correction. II. BIDS 'AND CONTRACTS A. WILDWOOD PARK LAKE CHANNEL REALIGNMENT Mr. Beyer indicated that several weeks ago the Council approved two agreements concerning this matter. . one propqsed agreement with Flood Control District and the other with the engineers for the project. The agreement with Flood Control has been returned with the following modifications: 1. The fee for the engineers has ~been changed from 11% to 14%. 2. The City is no~ required to deposit its portion of the project cost prior to award of contract, whereas previously the deposit was required at the time of award. Mr. Beyer advised.that these modifications are consistant with the City's policy. He then explained that the Basic modification to the engineers' agreement involves a change in the' w6rk schedule. This would allow the engineer~ to proceed with work pertaining to the realignment at this time, and after'the first of the year follow up with the Fourth Street bridge. Councilman Bridges moved that the Mayor be authorized to execute the agreements as modified; Mr. Kraus seconded the motion and it was carried. B.' 1972 STREET SEALING PROGRAM T~e City Manager explaindd thatt~is is a request to call for ~ids for the annual Street Sealing Program. He indicated that the reason this "et ha~ come u~ now is so that we can g the wheels in motion" and plan to receive bids'on June 20 and award a contract by July 5, 1972. Mr. Kraus moved that authorization be given to advertise for bids for the 1972 Street Sealing Program; Mr. Diridon seconded the motion and it was carried. C. QDITO ROAD-ALLENDALE AVENUE SIGNAL INSTALLATION This is a reqhest to call for bids for the installation of the Quito Road-Allendale signal installation. This was previously discussed at a City Council Meeting, and it has been recommended to advertise for bids and that a contract be awarded by June 21, and for work to begin by July 1. Mr. Beyer indicated that it is desirous that the s.ignal be in operation prior to the beginning of the next school year. 'Mr. Bridges moved that authorization be given to advertise for bids for signal installation at Quito Road and Allendale Avenue; the motion was seconded and carried. III. PETITIONS, ORDINANCES AND FORMAL RESOLUTIONS A. PETITION - RESIDENTS OF MCFARLAND 'AVENUE AREA~ 'Mr. Beyer explained that a petition'~as been received through Councilman Diridon from the residents. on McFarland and MarthaAvenues, · regarding noise, primarily contributed by a five~piece band with ampli- fied equipment in the neighborhood, 'He~advised that this problem is being investigated and. the party causing this annoyance has been notified. - Mr. Beyer further indicated tha~t he is in the process of draft'ing a Noise Ordinance, and it should be r~ady to present to the Council within the next month. Mayor Smith co~nmented that he has,received several complaints con- cerning mini-bikes in this area. He is of the opinion that Parks and Recreation should be responsible for handling this situation. Mr. Beyer advised t~at there are many factors to consider in drafting the Noise Ordinance. He further advised that the Code En.forcement Officer for the City of Saratoga will attempt to put a sto'p to the rock band. B. RESOLUTION MV-41 Resolution prohibiting parking on stopping at any'time along the easterly side of Fruitvale Avenue from the e~tended northerly line of San Marcos Road to a point 600 feet northerly, except for emergency only. Mr. Shook indicated that~[~8~ji~.this area is only two lanes "wide and that there is~onl~t~[~~ f~e[ ~f'~avement, which doesn't allow for parking and two-way traffic. Councilman Kraus move~ that Resolution MV-41 be adopted; Councilman Bridges seconded the motiqn and it was carried. C. RESOLUTION 58~'1 Resolution rescinding Rpsolution No. 584, which requested allocation of TOPICS funds for traffic, signal on QUito-Bucknall. It has been recon~nended that the 'City forego funds from TOPICS so that the signal on Quito and Bucknail.can be installed as soon as possible. It was further pointed out that this action has been reviewed and recommended by the Public Welfare Committee. Mr. Shook advised that this is a]cooperative project with the' City of San Jose. Councilman Bridges moved that R solution 584-1 be 'adopted; Mr. Kraus seconded the motion and it was a~opted. D. RESOLUTION NO. 615 Resolution of intent to obligate ~the TOPICS apportionments for 1972~73. This resolution denotes the City~s desire to utilize the $16,000 TOPICS allocation for which it is eligiBie in 1972-73. It is thought that a portion of these funds would go tow d the improvements on Saratoga-' Sunnyvale. Road. Mr. Shook advised that Public Works has submitted the last of the necessary documents for improvements to Saratoga-Sunnyvale Road to the State, and we should be hearing from the State in the very near future that TOPICS funding has b~en approved. It was moved that Resolution No. 1615 be approved. The motion was seconded and the resolution was ~dopted. IV. ' SUBDIVISIONS, BUILDING SITES AND ZONING REQUESTS A. TRACT 5150 -GEORGE W. DAY, FRUITVALE AVENUE & DOUGLAS LANE The City Manager advised that al requirements have been met for approval of the final map. Councilman Bridges moved for the~adoption of Resolution No. SD-904-1, approving final map on the above ]property' Councilman Kraus seconded the motxon and the resolution was adopted. B. TRACT 5164 - KUNKEL THOMAS & COMPANY, SOBEY ROAN It has been recommended to appro~ the final map on this tract, as ~ . all required documents have been,~eceived and found to be xn order. Mayor Smith commented that the c d forth that both a foot on itions set path and a horse path are to be ~aintained along this property. !- Mr. Kraus moved that Resolution No. SD-941-10 approving final map be~ adopted; Mr. Diridon seconded theI motion and the resolution was adopted. C. SDR-933 - JOHN L. HERNANDEZ, AVON LANE It is the recommended action that~ building site approval be given on this property. Mr. Bridges moved that Resolutio~ No. SDR-933, granting final building, site approval, be adopted. Mr. Kraus seconded the motion and it was carried. D. SD-952 - AVCO DEVELOPMENT CORP., ;COX AVE., CONTINUED FROM 5/3/72 Request by Planning Commission fdr~ interpretation on consistency of pr.oposed subdivision with General' Plan. Mayor Smith advised that this was!a'topic of the last Committee of the Whole Meeting-on Tuesday, May 8, !and the Council, in turn, has talked to the developer and appointed. a Tcommittee of the Council to meet with a committee of the Planning Commi!ssion. The results of this meeting will be discussed at the next RegUlar Council Meeting. ' 3 - E. SDR-954 -KENTON S. DAY, BEAUMONT. AVENUE An appeal of the Planning C is I.~ decision to waive the requirement to install underground utilities.~ Mr. Stan Walker commented that t~is is an older lot which.has been developed in a subdivided area.. He advised that the Planning Commission did not feel this particular s tuat on would fall within the policy set forth some years ago concerning ~aiving of underground utilities. Mayor Smith indicated that it wa~ his understanding that if it was the last house in the subdivision, t~ saiver could be effected; however, Mr. Walker advised that this applies only when the cost is in excess of 10% of the lot itself. Mr. Kraus recommended that this ~peal to waive installation of under- ground utilities be denied; this ~ecommendation was seconded and the appeal was 'denied. F. SDR-968 - SARATOGA EOOTHILLS DEVelOPMENT CORP., DEBBIE LANE, 2 LOTS It was recommended that Resoluti~B No. SDR-968 granting final b~ilding site approval be adopted. Councilman Bridges moved that Re. lu No. SDR-968 be adopted; so tlon Mr. Kraus seconded the motion and itwas carried. V. PUBLIC HEARINGS - 8:30 P.M. A. PETITION - RESIDENTS SAN MARCOS ROAD A petition to initiate proceedings making the 'State Vehicle Code applicable and enforceable on Sa~ Marcos Road, u~der Section 21107 and 21107.7 of the Vehicle Code.pert nlng to'private roads. Mr..Beyer indicated that a Publi! Hearing was duly noticed and that the residents in the area have b n contacted. The City Attorney has prepared a~sample resolution, No. MV~42, which The City Manager commented that he C~t s only responsibility would t y be to install appropriate signs at the entrances to San Marcos Road. Mr. Dean Schallen, 19315 San MarCos Road, gave his comments: Their problem in the past has been in [ y'ng to obtain more enforcement on the road for speeding and other ~'ol ions. He continued by saying that most of the residents in this area have been forced to try to enforce the speeding regulations!by standing in the street and flagging down speeders. He pointed out that this is a narrowone-way street and he has fought this situationSfor years and is now appealing to the City to enforce the speed limit ~n this road. Mr. ~al Dewey of San Marcos Roadlindicated that this seems to be an attractive location for motorcycle and sports car racing. He explained that any of the residents who~did not sign the petition were those who were not at home at th[ time it was being circulated. fHe ~'i~d%c~d' that he has located on~ section in ~he Vehicle Code that is appl~Cabl'e toI~hiSlp~obl~ area'~d ~o61d like to see it enforced.~ lit was moved and seconded that the Public Hearing be closed; Mayor Smith advised that the appropriate action would be to approve or disapprove Resolution-MV~42. ]* Mr. Kraus moved that Resolution MV-42 be adopted; the motion was seconded and carried. ~'4- B. ORDINANCE NO. 38.37-2 An ordinance amending the Saratoga City Code by clarifying same to establish that the 1970 Uniform Building Code heretofore adopted by reference was and is intended to include VolumeIIV of said Building Code relating to dangerous buildings. Fir. Beyer stated that this ordinance was introduced four weeks ago and tonight has been set for Public Hearing. The ordinance relevant to the Uniform Building Code was ~dopted last year; however, the City~ Attorney feels it is important that it be. broughtup to date by including Volume IV. Mr. Bridges moved that the Public Hearing be closed; Mr. Kraus seconded the motion and it was carried. Councilman Diridon moved that Ordinance No. 38.37-2 amending the Uniform Building Code to meet the:above requirement be adopted; Councilman Kraus seconded the motion and it was carried. C. MILJEVICH PROPERTY, 12175 SARATOGA-SUNNYVA~E ROAD Determination of whether or not the City should designate ce=tain portions of the 12.8 acre site at'-12175 Saratoga-Sunnyvale~Road to be a public nuisance. The'City Manager indicated that this Public Hearing was duly noticed and the trustee for the Miljevich~ropert~, Mr. George Hamilt0n,,has requested that this Hearing_ be d~layed two weeks, as he is unable to be here at this time. ~I~.~was the decision of the Council to proceed with ~ th~u~I~c Hearing since it was duly noticed. Mr. Beyer then asked Mr. ~\ ?'Morris, Code Enforcement 0ffiCe~to ire ~ brief presentation of'the ' ~problems in existance~on the Miljevic~ property . . . Mr. Morris outlined on.a plot map the ~roperty and various structures. He presented the Council with a list lo~'~iolations on this property broken down into three categories: 1) List containing current violations ~ isting on the Miljevich property; 2) 1, ist on which cri~i~nal complaints^ ~x [~w~re__filed and 3) list of those viblations of which Mr~ Hamilton has been appraised. Mr. Morris~then' gave a broader explanation of these violations. H~ further indicated that the'~h~Department is working with Mr. Miljevich at this time. Mr, Diridon commented that he hasTreceived reports that trees in the area have been cut down. Fir. Morris advised that he also has received this information. One major problem on this property is the storage of abandoned vehicles. Mr. Walker-commented regarding the Hanson situation: He indicated that Mr. Hanson had, in the past, maintained about thirty cars before being persecuted for "conducting a junklyard"o He then 6ame down to five or six cars, but no~he has built.it back up to .thirty. Mayor Smith inquired that if the City Council were to take action-and recommend that this property be declared a "public nuisance", should it also be agreed that we go in and clean it up at this time? Mr. Beyer explained that it is the intention of the Staff, in declaring the property a "public nuisance", to go into the property and clear out the equipment and get some of the things that are causing problems cleaned up. Mr. Bridges summed up the situation by stating that we actually have two things to. look at: 1) "public nuisance" concerning cleanliness and 2) other things that can be controlled, suchas utilities. - 5 - Mr. Kraus inquired if the fruit stand is for rent. Mr. Morris replied that it is for rent and that a prospect had contacted him inquiring what would have to be done to bring th~ stand up ~to standard. Mayor Smith advised that he would like to open the Public Hearing at this time. Fir. Kent Croft, 26026 Ritanna CoUrt, indicated thathe has.seen the violations as set forth and ~hat they are within direct view. Mrs. Lorraine McLaughlin coFanented that she has noticed an accumulation of more j and trash within the past three months and that the situation seems to be getting worse. It is her feeling that it seems strange that Mr. Hamilton always seems to be "out of town"at these meetings and feels that we should~take action tonight. Mr. Oskar Thurnher, President of Saratoga Beautiful, con~nented that his conmnittee has been concerned about the unsightliness of this area for some time. He indicated that he had called Mr. Hanson twice, and Mr. Hanson had given him assurance Chat he would clean up the cars, but no action was taken. He urged, .a~so, that inmediate action be taken on this matter. Mayor Smith indicated that it iS his feeling that the decision should be whether or not the Council should take action on this matter tonight. He inquired of the City Manager if he has any idea of what the costs would be to clea~ up these items, and also if these violations a~el~ health violations. The City Manager replied that he had no idea of what the costs would be. He also indicated that there are definite health violations; however, after a certain point, the He~lthlDepartment refers the problems to the City anyway. The problems are in violation of City ordinances also. The Mayor advised that he would like to make sure that we do not run the risk of "non-conformance" in making the decision to cleanup this property. Mr. Diridon inquired if there could possibly be a liability risk on Mr. Hanson in connection with theMiljevich property. The City Attorney r~plied that "'NO, Fir. Hanson only rents this property." Councilman Bridges moved that the deSignated.portions of the Miljevich property be declared a "public nuisance"; Mr. Kraus seconded the motion and it was carried. Mayqr Smith commented that it is ~is feeling that when we are dealing with structures, auto parts or anything relevant to physical problems, ,, we should move as quickly as possible to resolve the problem. Councilman Bridges moved that the~City Manager initiate a plan of action to clean this property up and arrive at a cost figure for taking this action, and report at the next Regular City Council Meeting. The · motion was seconded and carried. VI. ADMINISTRATIVE MATTERS A. MAYOR 1. 'Rizo Property - The Mayor asked that the City Manager inform the Council of the sequence of events with regard to relocation of the Rizo family from the rented house owned by Miljevich. _ I6 _ Mr. Beyer indicated that at a pre~ious meeting of the City Council, it was the Council's decision to attempt to relocate the Rizo family. In April it was determined ~hat May 1 would be the deadline date for being out of the house. Notification was sent to all residents, as well as to the property owners, that this house was to be demolished on May 8. The May 8 demolition was delayed one week, and at the end of this one- week period, the Rizo family had still failed to relocate. It seems that the family has located a house, but they are now-awaiting th~ approval of their loan. Mayor Smith indicated that since this matter deals with human beings,.he would request Coun~cll's support to get it resolved in a "mor human wa" e y and extend the time element, keeping ,faith with the idea that the premises must Be cleaned up. It was 'the consensusof'the Council to support the Mayor,s recommendation and to give' theF Rizo family the necessary time needed for relocation. 2. Piedmont Road - The Mayor advised that aCmee~ing was held last Wednesday to discuss the traffic problems in existance on Piedmont Road, There were approximately thirty'residents from the area at thelmeeting,.and some short-term alternatives were discussed, as well as a number of longer-range alterna- tives and questions. The Mayor commented that he f~els the most important thing here is that the citizens have formed a committee. He feels certain that the Staff will have recommendations as to some of the questions and alternatives discussed at the Piedmont meeting in the near future. 3. Assembly Bill 2325, regarding Bay Area Air Pollution. Control District, introduced by Assemblyman McAlister. It was the consensus of the Council that we should supersede Assembly Bill 2325 and go on record as being in favor of the concept of directly-elected members to a borad of directors, as outlined in the bill of Assemblyman Knox. 4. Bike Paths - The Mayor asked Councilman Bridges what is being done regarding this matter. Mr. Bridges advised that the ~roup who is working with bike paths has prepared a report~ and a transportation policy has b~een established. He indicated, however~ that anything relevant to lining out definite routes would have to go to Parks and Recreation before being referred to this g~oup. 5. Senate Bill HR121~3, for the Preservation of Wild Life Refuge in the Baylands It was moved and seconded that the Saratoga City Council go on record as being in suppor~ of Senate Bill HR121~3. This motion was carried. B. FINANCE 1. Payment of Claims Mr. Diridon's warrant for $4~ for registration fee to the League of California Cities New Mayors and Councilmen Institute will be refunded. - 7 - The disbursement to Green Valley Disposal fo~ $208.58 (proceeds for recycling) was issued through e~ror to the City, and the City, in turn, forwarded this amount to Green Valley Disposal Company. : Councilman Bridges moved that ~he Mayor~be authorized to sign Warrant Nos. 15328 through 15411. Mr. Kraus seconded the motion and it was carried. 2. City Clerk's Financial Report The City Clerk's Financial Report was approved. 3. ~reasurer's Report The City Treasurer's Report was approved. C. COUNCIL COMMITTEES AND COMMISSION REPORTS 1. Councilman Kraus reported that the~h'fFf~i~u~ey is g~'~n~,very C~e~i an~_'y.t~a~_~n~y~7, 1972,, the con~i~te~'~ill~-tou~-Mo~t~ B~llo'~ith the Co~nt~ Geologist to point out various problems. The committee will advise Council in the near future of the results of the study. Mayor Smith commented that the Planning Commission's procedure of reviewing applications and then-referring these people to P.P.C. is a very good one. 2. Thoroughfare Lighting Committje -Mr. Beyer advised that at the last Regular Meeting Mr. Franckx had given details concerning costs, styles and size variations. The City Council has reviewed the recommendations of the Thqroughfare Street Lighting Committee and a consensus was made. Mr.! Beyer further advised that it was his recommendation that the C~ty's contribution to the installation of new lights be $4,900 or 50% of the $9,800. cost, with mainten- ance costs being paid by the existing village lighting assessment district, along with the other 50% initial installation cost. 3. .Planning Commission Recommendation on Westbrook Annexation - The report from the Planning Comm{ssion outlining their recommendations for this annexation has been received, in favor of annexation. Councilman Diridon moved that we subsequently accept the report and move on with necessary procedures. This motion was seconded and carried. D. DEPARTMENT HEADS AND OFFICERS Nothing to report E. CITY MANAGER Human Relations Commission - A proposal has been received for an ordinance to add the Human:Relations Commission to the County Ordinance Code. This topic is scheduled for discussion'at the next Committee of the Whole Meetipg. 2. Preservation of the Baylands ~ The City Manager a~v{s~d that he had received a request from the Planning Staff of the-County. of San Mateo P.P.C. for a presentation o~ "PreserVation of the" Baylands". It was recommende~ that there be a staff presen- tation on this matter. 3, Two Requests for Parades - 1)'Foothill Club's annual observation for Memor:ial Day (May 29). Mr. Kraus moved that th~s be approved; Mr. Bridges seconded the motion and it was carried. 2) Saratoga Baptist Church intends to hold a "walk" on Saturday, May 20. Mayor Smith indicated that this could be approved, subject to the City Manager approving the purpose,of the parade. This was seconded and carried. 4. Bay Area Air Pollution Control District - The City Manager advised that he would include in future Council "packets" correspondence received from the Bay Area Air. Pollution Control District, recommending that more restrictions be enforced for 'acquiring per- mits for construction. VII.I COMMUNICATIONS A. WRITTEN 1. Francis Anders,en, The .Plumed Horse Re: Garbage Disposal and Rates A letter will be drafted with an explanation of the new rates. I/~. 2. Doris Gable, Secretary Saratoga Horse Lovers Association, Re: Trails and Pathways 3. Mrs. Robert Beers, Sobey Road,. Re:.Trails and Pathways A letter will be drafted to Mrs. Beers, as well as Mrs. Gable, assuring them that the situation is being remedied. 4. Mrs. Robert Hill, President L~ague of Women VOters, Re:Preservation of the Hillsides Mayor Smith advised that there is going to be a meeting between the Hillside Committee and the Planning CommiSsion within the next week. 5. Robert L. Durham, President Saratoga Chamber of Commerce, Re: Park Acquisition and Development 6. Dick Schwendinger Re: Appreciation of%Resolution 7. Norman W. Koepernik, Re: Variance on lot owned by J. P. McLaughlin, 21800 Via Regina A letter will be drafted to assure Mr. Koepernik that the infor- mation concer~ipg road agreement ~nd reimbursement policy will be considered befor~ acting on future applications for building of 'adjacent lands. B. ORAL 1. Mr. Eugene Miller, 14260 Elva~Avenue, SaratOga, complained that his neighbor, Mr. Charles Grace, has created a very serious problem, in that there is a broken sewerage line on his property a~d sewerage spilling onto Mr. Mlller's property, causing a potential health hazard. He has asked Mr. Grace on several occasions to do something about this problem,~but with no results. Mr. Beyer advised that a complaint has been filed~ith the municipal court regarding this matter. ~or S~i~hT~s[~that iMr .'71~f~[zplease zbear with l[h~i~uation f6~f~re 'd~ d~il~theLnece s~=f~nY~rnfa~i~n-cah'b~' obtained to enable the City to act in a correct manner in this situation. This will be continued on Tue'sday, May 23rd, and at that time, Council should be in a better position to make a determination con- cerning this matter. This was agreeable to Mr. Miller and to those members of the Council. 2. Mrs. Betty Peck, representing Saratoga Community Garden Committee, ~-9- requested.authorization to h~ve Mr. Al'len ChadWick open a community garden, and also to have a re~esentaEive from the Council contact Mr. Chadwick to estaplishprocedures for opening a garden. Mr. Beyer indicated that it isl his opinion t[at any place committed fSr a use such as .th~s should~be gon~ into for'aperiod of four or five years especially when'lE is ah area that is anticipated for' a future park. Mr. Diridon suggested that the City Manager be asked ~o work out a tentative. arrangement wit~ Mr. Chadwick for the present time. This suggestion was seconded by Mr. Kraus and carried. 3. Mr. Bruce Whittock stated that; he bad contacted Mr. Dorsey in Public Works regarding the limited number of points where U-Turn was permissive. Mr. Shook advised tha~ a study has been made concerning this problem. He conmented that he would like to see an elimination of U-Turn points where there are not any pKotect~d left-ha~d turn lanes. VIII. ADJOURNMENT A motion was made that the Regular~M~e~t~ng be adjourned [o Tuesday .to con- tinue the matter re:~_~o~l~?f_Mr.'..Eugene Miller pert~iniHg to sewer leakage. The motion was s~&o~ed ahd ~arried. The meeting was adjourned at 11:20 P.M. ~~ rt - 10 -