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HomeMy WebLinkAbout08-02-1972 City Council Minutes SARATOGA CITY COUNCIL MINUTES TIME: Wednesday, August 2, 1972 - 7:30 P.M. PLACE: Saratoga City Council Chambers, 13777 Fruitvale Avenue, Saratoga, California TYPE: Regular Meeting I. ORGANIZATION~ A. ROLL CALL Present; Councilmen Bridges, Diridon, Dwyer, Kraus and Smith Absent: None B. MINUTES The minutes of July 19, 1972 were a~proved. II. BIDS AND CONTRACTS A. COMMUNITY GARDENS GROUND LEASE AGREEMENT Councilman Bridges moved that the Mayor be authorized to execute the agreement, with the modification on,Page 2, Paragraph 3, that those people involved with the cultivating of the Garden be entitled to reasonable amount of those fruits and vegetables which are grown in said Garden. Mr. Dwyer seconded the motion and it was carried. It was further agre'e~ that:when the'matter of toilet facilities and a classroom or lecture room cam~ up-the agreement could be amended to include B. AMENDMENT TO AGREEMENT WITH BLUE CROSS Councilman Diridon moved that the amendment to the B ue Cross Agreement, which increases the health insurance premium approximately 15%, be approved; Councilman Bridges seconded the motion and it was carried. C. PURCHASE OF TWO CITY MAINTENANCE TRUCKS Councilman Bridges moved that the City Manager be granted authorization to advertise for bids on two City.maintenance trucks. Mr. Diridon seconded the motion and it was carried. III. PETITIONS, ORDINANCES & FORMAL RESOLUTIONS A. ORDINANCE NO. 3E-9.1 ORDINANCE EXTENDING TEMPORARY INTERIM ZONING ORDINANCE 3E-9 FOR EIGHT-MONTH PERIOD OF TIME It was ordered by the Mayor that th~ Public Hearing to consider the eight- month extension to the Temporary Interim Zoning Ordinance to. further study regulations relating to proper and safe development in the Bohlman Road- Norton Road Area!~be set for August 16, 1972, at 8:00 P.M. Councilman Bridges suggested, and it was agreed. by the Council, that the report from the Planning Director detail steps which have been taken to date on this study. B. ORDINANCE NO. 38.48 - CONT. FROM 7/19/72 ORDINANCE REPEALING EXISTING PROVISIONS ON PARKS AND RECREATION, AND EN- ACTING NEW AND DIFFERENT PROVISIONS Councilman Dwyer moved that this ordinance be approved with the modifications that 1) Article 2, Section ll-6a be modified to include community-oriented groups with less than 25 people and 2) Article 3, Section 11-9 be modified to eliminate the Peace Officer roleC~h?~irector bf'P~k~, ~o'~fl~'~xraus\ seconded the motion and it was caTf.rled. C. RESOLUTION NO. 625 RESOLUTION OF INTENTION TO ABANDON DARIEN WAY Councilman Bridges-moved for adoption of Resolution No. 625 and to set the Public Hearing ~o:c5~gi'd~tM~?~sed vacation and abandonment of Darien Way for September 6, 1972, at 8:00 P.M. The motion was seconded by Councilman Kraus and carried. D. RESOLUTION NO. 626 RESOLUTION OF INTENTION TO FORM THE NORTHWEST SARATOGA PARK MAINTENANCE DISTRICT Councilman Dwyer commented that the last time Council approved a resolution of th~s nature, it caused',Some apprehension on the par~ of the propar~y owners by not clarifying ou~fff{c !nt~ntion~"o~ Councilman Bridges made the motfon that Resolution No. 626 be adopted, with' the understand';~ng that Paragraph 3 would be re,drafted t6'better define the City's intent; Councilman Kraus.seconded the motion and it was carried. RESOLUTION AMENDING RESOLUTION NO..85-9.1, TO MODIFY PROVISIONS PERTAINING TO INSURANCE POLICIES FOR EMPLOYEES Councilman Dwyer moved for adoption of Resolution No. 85-9.2(5); Councilman Kraus seconded the motion and it was carried. F. PROPOSAL BY SARATOGA FIRE DISTRICTsFOR CITY SUPPORT TO ANNEX PORTIONS OF CENTRAL' FIRE DISTRICT WITHIN SARATOGA CITY LIMITS(._ Mayor Smith pointed out.on a map the areas served by Central Fire District and the areas served by Saratoga Fire District. He indicated that Saratoga h s enjoyed fine servica from both~districts; however, it was his feeling that it is difficult. to confine fi~e protection into'districta._ He did point out, however, that. in order to annex.the desired portion of Central Fire District, a dis-annexation process would have to first take place. Mayor Smith did explain that this item is on the agenda for discussion purposes only and not for the purpose of starting annexation proceedings at this time. Milo Klear, representative for the Board of/C?~ss~o~y~I,' parabola District, indicated that he would like to pr_~pose the creation of one fire distriCt_~lwith the Saratoga Fire District annexing that portion of the ~ent~al Fire ~istrict in the ~ity 'limits of Saratoga, in order to afford the I tax payers more benefits. He further indicated that the residents would re- I calve the services of a volunteer group. Mr. Klear indicated that he wasn't ' sure that theffire district would have to go the route of dis-annexation, and ; this is why t~ey are approaching the City for support. I. M~YKraus inquired if a program for Explorer Scouts, volunteers, etc. would b~ offered. Mr. Klear replied that the fire district did intend to offer these programs%as it is now doing. \Chief Curtis J. Kirby of Santa Clara County Central Fire District, f~df(a~ed thgt ~h~y ~iel~sen~' t6night~o ~sk ~h~t' ~he Cit~ no.t this prbposal, ~nd he further comr~entedthat to do so would give the impression that the services provided by Central Fire District are lass than satisfactory. He further'.adVised that Central Fire District presently has two companies within the City and five companies used for back-up or stand-by purposes, with a total of twenty-one companies that would respond to calls. He indicated that they are involved in mutual' aid agreements with other fire departments'throughoutlSanta Clara County. Chie~ Kirby~ -2 - commented that the present tax rate is higher than Saratoga Fire District and added that the rate has raised Kith the level of service provided. He indicated that their Board is conservative, but they do provide a reason- able degree of fire protection, and jone of their convictions is that it is better to take 75¢ of citizens' money and give them something rather than to take 50¢ and and not give them good service. He indicated that the present rate is 75¢, and also, that he thinks there will be some'relief as far aS property taxes are concerned next year. Chief Kirby indicated that in 1969, the Board of Supervisors asked that a study for consolidation off.fire districts be made, and Saratoga Fire District communicated with them and'indicated that they were not interested in consolidation. Councilman K~aus inquired if Centrat Fire District presently has a working agreement'with Saratoga at this time. .Chief Kirby replied that they ~ ~e ~_my~ual w_'~_r~ng ~g~e~m~nt w{~ Saratoga Fire District.. ...... _~ ' · Councilman Bridges asked Mr. Kirby if he had any idea what the red district (Central Fire District) brings to Saratoga Fire District in the way of taxes each year. Mr. Kirby ~eplied, "$381,093". Mayor Smith indicated that it is his feeling that the~Citytshould go on record of supportfng ohe fire'district for our co~unity. Councilman D~er co~ented that he Wouldn't lik~ to see the very large co~ittment and use of staff time involved when there is".a strong'possibility that the efforts are useless (referring to dis-annexation procedures). · Councilman Diridon commented that it is his opinion.we should seek som~ type of one-service area, and it appears that a single district seems impossible at this time... Councilman Bridges indicated that he feels some of the discussion at this meeting indicates that Sar~togans are paying more than they have to be paying, and that the'best approach to solving this problem seems to be in the..~itX's carrying of the r~sponsibiliti~s--not going into the legal.ram- ifications, but se~ing about gettin~ Some special legislation. Mayor.Smith indicated that the City, cquld., if necessary, ~ring in both districts to discuss the practical applications of ~ow their individual districts are being run~.~ Councilman D~er moved that the Council recognize that the City would be be~t served by one fire district and~ that the~City Manager be died' to investigate the'~egat--feasibility of h~ving one fire. distrlct. Councilman '.~aus-seConded.~the'.motionand it was carried. IV. SUBD~ISIONS, BUILDING SITES & ZONING REQUESTS A. SDR-97~ JE~ETTE A. P~E~O, PI~ RO~ - CONT. ~OM 6/7, 6/21 & 7/-5/72 The CitMManager advised that he h~ submitted five alternatives that would be applicable in working out the stree~ improvement problem in this situation; ~hese alternatives were discussed. ] Attorney G~orge Tobin indicated tha~ he had received an outline of ~at is being discussed. He further indicated that he would like to point out that this is not a piece of property, but a single-family structure, and this should be taken into account in making any determination of value. Mayor Smith indicated that he had h'oped for some resolution that would bring some uniformity to this problem, but ~ince.~there.~'see~s to be nothing, h~ indicated that he would have to favor the fifth'alternatiVe, which would ~allow for minimum access road improvement of $4,000 and the execution de~erred'imprDvement'agre~Me~t'V~n'icn general'ly states that at some future date the city would determine that the street should be improved to a public road " standard and that the property owner would then proceed to improve their frontage or 3oln an assessment dlstr~ct for the improvement of the entire street ' ' ' ' CoUncilman Diridon moved that the request for exception to conditions be denied, but to direct the Planning Commission to give re-consideration to Condition 3.7 of Mr. Palermo's letter of appeal, dated May j0, 1972, and incorporate into this section the City Manager's recommendation (Alternative ~5), which allows for minimum access road improvement of $4,000 and the execution of a deferred improvement agreement. The motion was seconded and Carried. B. SDR-885 - TOM SCOTT, VIA REGINA ~t 1 LOT Councilman Kraus moved that Resolution No. SDR-885-1, Granting Final Building Site Approval, be adopted; Councilman Bridges seconded the motion and it was carried. C.' TRXCT 5161 - KOBARA & BATTAGLIA; CHESTER AVENUE The City Manager' advised that the s'taff has considered the request for credit against the Park and ~ecreation Fee ($77~6.73) for dedicating the ' 'easement for an.equestrian trail a~d re'~om~h'ded Attorney. for.the property ownerS, Mr. Nakashima, ind!icated that the basic problem is the requirement of a fence along the property line. He commented that with an equestr,~an trail being developed it is necessary to. put a fence along the t~ail o~.the:zprope~ty. :<9 Mayor ~mith indicated that the City has not in the past waived these fees.' with respect to dedication; however, if we were to receive a benefit in lieu of this money, such as the creek which runs along the property; it might be possiblp to waive the fee~ Mr. Nakashima indicated that he islrecommending to his clients at this time ' that they not dedicate the creek as they have already dedicated the equestrian ~rail. Councilman <g?i'dE~'~6~d tha~-h~'d~'_~'o_~ cred~:b~Td~i~dy'C~d~ciFman Dwyer seconde?t tiT d' it ~'ca~rr~e~.~'~''~ ~ I~ V. PUBLIC HEARINGS - 8:00 P.M. " A. COUNTY SANITATION DISTRICT ~4, SANITARY ·SEWERAGE PROJECT 1972-2 Mayor Smith explained that this is~ an informational public hearing, and the purpose is to alert citizens about the proposed-inclusion of Sobey Road and Saratoga Hills~Road Areas into Sanitation District ~4, Sanitary Sewer Assessment ProjeCt.I Steve Goodman, Manager and Engineer for County Sanitation District #4, advised that this action was initiated by residents in the two areas in the form of petition. The District then followed up the petition ~ith an · ~~Fv~%and-s'i~dr~mi~t~'(t~h~'zp~_o~t_~'6~ners a cost estimate. The re~f~oof:~[~ s~ur~i~ated a~p'~o~mm'a~f~'60%'~in favor of the project. Mr. Goodman further advised ' that ib~~__te_~)~F'f~e ~project ~3. i~ be presented to County' Sanitation.Di~[~'iTt o~pp'ro~i~Yy ~v~l~ith . construction to begin around October .15, with the. goal'Of completing the project next spring~ He indicated'that there would be a Public Hearing scheduled in September, at which time the District.will have the actual con- struction cost and assessment costcol the project. . Mayor Smith inquired if these two. areas will gO %o bid as one unit. I Mr..Goodman replied that they will go to bid for .two units and that the recognizable costs would be separated. -4- Keith Krieger, 15141 Sobey Road, indicated that he ~s very much in ~avor of the project, and anyone in the area getting the strong smells would agree with him and apprpciate th~ sewers'going in. Dr. Edward Lacknet, 14851 Sobey Road commented that it wo~ld seem to him that the Health Department set requirements to ~void over-flowing or polluting. bit. Goodman indicated that the D strict cannot determine at_random if pi~ ~'~Fp~i~=~oo~nec~ "or~ not. He further~dVi'~d'~'~ indicated that the private system has ~ailed. If there is a real problem, however, the property o~er-creating the problem will be encouraged to connect to the system. Councilman Diridon inquired if .the~Sanitation District has the authority to obtain a bid from the contract'or in charge of the sewerage project to dis-c6nnect the system. -. . Mr. Goodman replied', that the contract.or'is required onfy to complete the project and be sure that it is functioning properly; he indicated, however, that there are contractors ~o specialize in defective operations. The motion was made to adopt Resolution No. 627, appro~ing form of Resolution of Intention and Boundar~ Map, and Granting Consent of Gthe City Council of the Cit~ of Saratoga to County Sanitation District No. 4 to Undertake Proceedings to Construct a Sanitary Sewerage Project; motion was seconded and carried. E. ~MINISTRATIVE M~TERS A. ~YOR- 1. ~rian Gage haS~eco~meBded ~hat the large oa~'tree on the median strip on Saratoga Avenue be removed, making it apoint'of historical interest. The MaXor dire6ted the City Manager'to have the tree replaced, B. FIN~CE 1. Payment of Claims The C6unciL approved the'purChase of the property kno~ as the "Dempsey" property on SaratOga-Los Gatos Road. 'Total purches~J!ice is $65,000,~he do~ payment being $15,0~0~&~ No. 15819), the balance to ~e'~aid initial inatall~Cs~,over a period of five years,-.incl~ding.the' interest in the amount oF7%1~2%.. The City Attorney was authorized b~ Council to cgmplete negotiations forthe purchase of the property. Councitmah:B~idges,~m~e!th~'mDtion to approve the list'of disb'ursements and authorize the mayor to s.ign the warrants.. CounCilman Dir{don ~conded the motion and it_was carried. C. C0~CIL CO~I TEES &-CO~ISSION ~EPOR~S ~ ..' None. D. DEP~NT HE~' : ' None. ' ' '~ 5 - E. CITY MANAGER 1.Set Public Hearing Re: Open-Space Element of the SaratOga General Plan for August 16th. Motion b~ Councilman Dwyer and seconded by Councilman Bridges to approve this Public Hearing; motion carried. 2. City Manager~adv~sed~that we~haVe~received authorization from the State Division of Highways to proceed ~on State Highway 85 project. Councilman Dwyer ~oved that the~ City Manager be authorized to negotiate with the State Highway Departmept on this p~oject; Councilman Kraus seconded the motion and4 it was ~a~ie~._ VII. COMMUNICATIONS A. W~ITTEN 1. Letter fro~ Joseph A..Connolly ~equesting that pathway along northwest side of Saratoga Creek not be constructed. Noted~and filed. 2. Chamber of Commerce! thanking C~ty Council for its contribution toward the Seventh Annual Fall.Festival and Parade. 3. Letter from ~Willys I. P~ck.regarding the heavy loads of traffic to and from Christmas tree farms and decessitating travellup Big Basin Way through Saratoga during Christmas Season. It was recommended that the staff meet with the ~CHamber of Commerce to discuss alternatives and set this matter'~for a~f~t~e regular meet~ing. ~_ 3. Letter from Charles W. Davidson, Consulting Civil Engineer, ~ffering services for developing subsidized housing in Northern California. Noted. VIII. ADJOURNMENT The meeting was adjourned to an Executive Session at 10:45 P.M. espectfull submitted~ ROBERT F. B - 6 -