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HomeMy WebLinkAbout08-16-1972 City Council Minutes SARATOGA CITY ~COUNCIL MINUTES TIME: Wednesday, August 16, 1972 PLACE: City Council Chambers, City Hall, 13777 Fruitvale Ave., Saratoga, California TYPE: Regular Meeting I. ORGANIZATION A.. ROLL CALL Present: Councilmen Bridges, Diriden,~Dwyer, Kraus and Smith Absent: None ' B. MINUTES ' Minutes of July 19, 1972 meeting corrected as follows: Page 4, Item 2, Paragraph 2, should reflect that the Mayor would want the Busines~ License Fee Proposal. to become a vehicle for study for an ordinance. As written, the minutes indicate that the Mayor would not. be in favor of such a study. Page 4,i~'~3~'~h'~,u~d indicate that the traffic consultant to be hired to make a traffic ~t~udy of problem intersections should be notified of the importance of the Brookview and Titus .intersection and that this area should be noted high on the list of problem i:ntersections. Minutes of August 2, 1972 meeting corrected as follows: Page 2, Item F, should reflect Chief.Kirby's s'tatement that CentraljFire District presently has $250,Q00 invested in equipment at the stations serving Saratoga. Page 2, Item F, paragraph regarding tax collec'tio~s, should reflect that' the City should ~r~.q~:~ the 'tax collec~iSns come f~om the areas actuall~ being served. Page 5, Item A, County Sanitation District'#4,' should include in the motion to adopt Resolution No. 627, the opening of streets~in connection with this project. The minutes of the Jdly 19th and August 2nd meetings were approved 'with the above corrections. II. BIDS AND CONTRACTS A. EL QUITO PARK LEASE AGREEMENT Councilman Dwyer moved that the lease2 agreement be approved with the modifi- cations that 1) the term of the lease' would be altered tp commence in September 1972 and terminate in August 1992, land 2) the City would have the option to renew the lease for an addftional 20-year period for the fee of $1.00 per year; it was further moved 7that the Mayor be authorized to sign the lease with these modifications. Councilman Kraus seconded the motion and it was carried. B. AGREEMENT FOR SHERIFF'S PATROL FOR 1972-73 FISCAL YEAR Councilman Dwyer moved that the new~ Schedule of service and costs, involving a 39¢ decrease in Primary Service and $1.76 increase in Supplemental Patrol Service be approVed; Councilman Bridges seconded the motionsand it was carried. The City Manager commented that this ~--~Ye~uuf~~ would provide better coverage th'~n the previous schedule. C. AGREEMENT ESTABLISHING COMMUNICATIONS TECHNICAL SERVICES RATES FOR 1972-73 FISCAL YEAR Councilman Kraus moved that the rate schedule to accompany the original agreement be approved; Councilman Diri~on seconded the,motion and it was carried. D. SEAL COATING AND OVERLAYING CERTAIN CITY STREETS - BAY SLURRY SEAL CO. Councilman Dwyer moved that the Councii,accept the work and authorize the fi ing of the Notice of Completioni the motion was secgndedl y~'~ an~ carried. E. SARATOGA-LOS GATOS ROAD WALKWAY, PHASE!I Councilman Dwyer moved that the contract for the above project be awarded to the low bidder, McCarthy and Spiesm~n, for $17,499.00. Councilman Kraus seconded the motion and it was carried. III. PETITIONS, ORDINANCES AND FORMAL RESOLUTIONS A. RESOLUTION NO. 628 RESOLUTION FIXING THE AMOUNT OF REVENUE FROM PROPERTY TAXES Councilman Kraus moved for adopti'on of Resolution 628'; Councilman Dwyer seconded the motion and~it was, carried. B. RESOLUTION MV-46 RESOLUTION APPROVING ~IGNAL MODIFICATIONS AT SARATOGA AVENUE-FRUITVALE AVENUE INTERSECTION 4ND CREATION OF "NO PAR~I~G AT ANY TIME'~ ZONE ON NORTHERLY SIDE OF SARATOGA AVENUE · Councilman Bridges moved that Resolution MV-46 be adopted and the Council authorize the City's traffic signal maintenance engineer to do the wor[; Councilman Diridon seconded the motion and it was carried. This is estimated for completion in approximately o~e mohth. C.RESOLUTION NO. 32-0 RESOLUTION FIXING TAX RATES FOR FISCAL YEAR 1972-73 Councilman Bridges moved that ResolutiOn No. 32-0 be adopted; Councilman Kraus seconded the motion and it was carried. This resolution sets the general property tax rate for the City. of Saratoga at ~O. qLCon eadh$100.00 assessed_valuation, and it sets the~'tax~r~f~f6Y~th~"specfEi'~Y~g~l"'~> ~istri~ts~ ~fli[[d'ih~eh~'r~e~l~'~io~,' n~cessary to p~y~ costs and .e~pens.e~ ~for the ~fiscal year.~" -~ -~ , .. D. ORDINANCE NO. 38.49 The City Manager pointed out the revisxons that were made in the ordinance draft from that which. was presented at the August 2nd meeting. Mayor Smith suggested two approaches'that could be taken to%abate the noise problem: 1) the objective approach where we attempt to measur~ what is offensive and 2) the "reasonable man" approach, which is the traditional system. He indicated that he feels~'~i~'i~ ~&Yt, a~'Yt?~to~e~_i~lg~ amount of public input on this subject, and also, that it is essential that some tests be run to determine how decibels should be measured according to different areas of~town and situations. In addition, he felt that the Parks and Recreation Commission should be urged to speed up their efforts to find some / ~uBlic_land for use ~y.mip~l~i~eS, whigh con~ributes. somewh~t_~o_the noise \ Problem-// - 2 - It was the general opinion of the Council that there should be a good deal of public input on this subject and that there are presently several.incon- stanCies in the ordinance which should be worked out. Coh~cilman Bridges commented that he feltQt__~wQuld~_be~i~mp~rt~L__tO_i sure that the amount collected from the city for a registration statement be lample to cover clerical assistance on this project so the public would not have to end up paying or it. Counhilman Bridges moved that the revi~ed draft ordinance· be introduced and that the ?ubtic Hearing be set for ~.September 20; Councilman Dwyer seconded. the motion and it was carried. E. RESOLUTION NO. 451-D RESOLUTION OF THE CITY OF SARATOGA APPROVING BUDGET FOR ITHE VILLAGE PARKING ' ' * "MAINTENANCE DISTRICT #1 A}~ FIXING TAXi RATE FOR THE FISCAL YEAR 1972-73 Councilman Bridges moved that Resolution No. 451-D be adopted; Councilman Kraus seconded the motion and it was carried. The Costs and'expenses of maintaining improvements are se[ at $3,500.00, and the tax rat~ for raising this'amount is fixed at $1.55 for e·ach; $100.00 of taxable real property. IV. SUBDIVISIONS, BUILDING SITES AND ZONING REQUESTS TRACT 5253 - STONESON DEVELOPMENT CO. ~ Councilman Kraus moved that Resolution, No. SDR-733-3, appr~ving final map, be adopted~ Councilman Brid~es seconded the motion and it was carried. · B. SDR~895 - DR. WALTON, SARATOGA HILLS ROAD · . Mr. William Heiss of. Jennings, McDermott, Heiss, inc., engineering firm for the above project, explained that the ~a~ter at hand pertains to the steep- hess of the road and the attempt to bring it to the standards Of the City's Public Works Department. He indicated! that FLr. Walton is not willing to go along with the.required standards at the§ ~i~e. He also commented that the grade is 24~ . ~o~at the steepest point,/and he felt it would ~ necessary to /~!l_~ro~d a~ .l~sF 5% to meet the City'~ st~d~Fds. Mr. Shook, Director of Public Works, commented that the Fire·Department had indicated they could cope with the si[uation with the present grad~.~. Councilman Dwyer mo~ed that· the conditions be modified to indicate that the grade be set to meet the/approval of ~he Director of Publics Works. The motion was seconded and carried. -.V. PUBLIC HEARINGS - 8:25 P.M. C. ORDINANCE NO. 3E-9.1 (~ak~n out of o~der) AN ORDINANCE PROVIDING 'EIGHT-MONTH EXTENSION OF ORDINANCE NO. 3E-9, AN INTERIM ZONING ORDINANCE APPLYING CERT~I N ZONING REGULATIONS ON CERTAIN LANDS IN THE. BOt{LMAN ROAD-NORTON ROAD AREA i The City ManaJer advised that this public heari_ng/had b~n_duLv__nojLiced.__ ~d that Mr. Stan Walker, Planning. Director~__o~tline~at_the~P/anning~ \ staff had done to this date concerning the original Emergency_Ordinance,~-_v ./. Ordinance 3E-9. ~ ~ '-~ ~"' '~ '- Mr. Walker pointed'o~t"on a'~ap the area involve~, and he ~ndicated that the total area within the'City comprise~ 364 acres. He further indicated that .~ there are 40 additional parcels.which'have received Building Site Approval '- 3 - during the .pastyear which have not yet been developed. He pointed out on the slope map the percentages of areas falling within various slope densities, and added that approximately 2/3 of the area is in excess of 20 - 30% density. Mr. Walker indicated that water seems tolpresent the ~iggesc utility problem in. this area. Mr. Walker indicated that pumps are going 24 hours a d~y, and fire prot~dtion in this area is impossible. He indicated that the fire department hasj an.alarm which~tells the~ ~when the water level is getting down to-a dangerous. point. Mr. Walker indicated ~hat another utility.problem is the sewerssystem on the Novitiate Property. The Health Department_has signified that the present septic tanks are inadequate; further, it is the County's recommendation that all new building sites ~e'.re~uired"to have~sanitary sewers. Mayor Smith asked h6w'San Jose. Water' Works felt about the implementation of extended services in this area. Mr..Walker replied that San Jose Water. Works has indicated that they could not take over this system at the present time; however, they would like to see the upgrading of this area. Mr. Walker'advised that the next Istep would be to see if it would be possible to form a "district", Mr. Walker pointed out that the roads are all in poor condition in this area and a portion of Bohlman Road has large culverts and road slides, and there are crews constantly out there during rainy season. Mr. Walker further indicated that the Planning staff has joined with Public Works in the attempt to work out a program which will be of help in determining iflthese new proposed roads are in the right places, with the Objective to come up with preliminary information regarding necessary utilities and t~'Ifi'n~'Fs~lutfon these problems for future property owners in this area. i~~ commented that this' willlj~e a chance to rectify some of the the eight-month exten~on '~flll~"5~&~'~s'~ar"~g further complete-the study. The Mayor then opened the public hearing. . Frank Biehl, 12074 Candy Lane, indicaeed that he has worked as Program Director at Camp Stewart, and that they are the first ones to feel the effects of the water inadequacy. Mr. Biehl stated that the camp has a pool with a capacity for'22,000 gallons 6f!water and that last year they had bring water from a neighbor's property amounting to 250 gallons.. He stated that the Scouts have an ~greement with the Water Company, whereby the first 300 gallons are for use by the property of the Camp; however, this is 300 gallons from the top of the tank, and the problem is that it never gets to the top during the summer. He further stated that the system was adequate at one time, but with the increased d~velopment, there is no water during the summer months at this time. Mr. Biehl advised that he would like to ask the Council to study this problem and to freeze development th this area until the problems can be resolved. At the present time, the tank is dbwn to 4,000 gallons, and that this is very inadequate for protection. Mr. Donald Reichel, 1520k Norton Road, stated that he would urge the Council to extend the ordinance. Mr. Reichel~indicated that he had plans to add on to hi~ house, but for the good of the.city, felt he should wait until the study is completed. The City Manager advised that he has received a letter from Dr. R. K. Thompson expressing his support of the extension to the ordinance. ~he'~Ofi~dF-[h'atr~he-pub~ic~hea~ingrbe"-c'lose~]' Councilman ~rau~ moved that [h[~h~dh~fl _~p~ov[Emergency Ordinance 3E-9.1; Councilman Dwyer seconded the motion ~n~ it was carried. - 4 - PUBLIC HEARINGS (CONTINUED) A. OPEN SPACE ELEMENT - SARATOGA GENERAL PLAN The City Manager advised that the Planning Commission has been reviewi~the.~. Open Space Element for the past several months, and Monday, ~A~u~e r4,~they ad~Eed'a~ Interim ~n 'S~ac~ ~ra~. T~e City Manager ~urd~e~'a~'fseA that ~he public hearing on thi~ matter had been du~.noticed-and ~en c~lled upon_: Mr. Walker of t~e Planning Department to present some of the principles of this,~ ~ -~ . . Mr. Walker indicated that the Parks ~D~Art~_~[~id ~participate quite sub- stantially in working up the inventory of open space, and that inventory gave them a breakdown of the different types of open apaces within the City. He continue~ that the Open Space Element includes a map of Saratoga, and that map shows the different types of spen space that exist within the City. This ,'~pp~ade"zl'~'?IComposed of existing parks, short-range'proposed parks and long-rang~ proposed parks,. and those l~nds included under the Williamson Act Program. The map also shows the ~'s~d~p~[=~h~h~y'', S~ratoga-Los Gatos Road, from Austin Corners to Saratoga Plaza, and also the creek areas, West Valley Junior College area, historical sites and planned community areas. He advised that these lands comprise a total of 5B5 acres in open space, 235 of which are parks.- Mr. Walker then gave the 5 goa~s that the City has set: 1) to pre- serve open space for recreational, aesthetic, visual impact, and ecological purposes such as the preservation=of natural vegetation and wildlife; 2)~to meet open space land needs as a result: of continuing population growth; 3) to improve open space land for recreational uses; 4) to preserve the semi- rural charm and character inherent in Saratoga. Mr. Walker explained that in order to implement these goals, the Cfty would continue to preserve the open space for park purposes and aesthetic 'purposes. The primary responsibility would lie with the Parks and Recreation Commission and ~hen would be referred to City Council. It would then have to be: adopted with the 1972 General Plan. ' Mayor Smith 'opened the public hearing;' there were no comments from the audience, and therefore, Councilman Dwyer moved that the public hearing be closed. The motion was carried. Mayor Smith pointed out that this is an "interim".~lanand in accordance with the State Law. He commented thathe feels it is important that there be input from Parks and Recreation and, secondly, that there be mo~ediscussion of implementation in the final plan. Mr. Wal~er added that lands coming under ihe Williamson Land Contract would be eligible for state funding if the Interim Open Space Element is adopted by August 31st of this year. Councilman Bridges moved for adoption.of the Interim Open Space Element; Councilman Diridon seconded the motion and it was carried. B. FRANK SHEPHARD, DOUGLASS LANE REQUEST FOR CHANGE OF ZONING FROM "A" (AGRICULTURAL) TO "R-1-40,O00 P.C." (SINGLE-FAMILY,RESIDENTIAL - PLANNED COMMUNITY) Mr. Stan Walker indicated that th~ratio for this area is the same as was established for George Daylptanned community development; there are, however,~ f .only aD_Dfoximately 5 acres involved here, with 4 building sites. The basis for \ the staff recommendation to approve this change of zgning is outlined in the / Plan~ing Com~pi~sion Staff Report, dated July 10, 1972. The Mayor opened the public hearing; there were no comments, and ~ was 6rdered that~e' pdbllic' h~rih~%tcl6~ed7 .... ...... ~' ~' iCouncilman Dwyer moved,'~adoption.of the~ordinance amendihg the zoning map, NS-3-'ZC-67~'COj~cilman Kraus-seconded the motion and it was carried. 'VI. ADMINISTRATIVE MATTERS A.' MAYOR 5, C6mplimented Saratoga Fire Districtsand Central Fire DiStrict for fheir prompt action and cooperation in containing the fire in the Bohlman Road Area. A letter expressing appreciation to be sen~. 2. Announced meeting that will take! place ThurSday, August'17, 1'972, regarding federal funding as it concerns HUD monies. Purpose of the meeting is to become familiar'with federal grants that ar~ available for various purposes. B. FINANCE 1. Payment of Claims - C~unc~lman Dwy~r moved that the list of disburse~ ments be approved and that the MayOr'be authorized t'o sign warrants; Councilman Kraus seconded the motion and it was carried. 2. City Clerk's Financial]Report - Approv~d. 3. Treasurer's Report - Approved. c. COFMITT ES & COMMISSI6H RmFORTS Mayor Smith inquired of the City Manager what has been the progress o'n C.-A.T.V. The City Manager replied that he has received iepl~sr~fromt4 of the 5 applicants to whom he had directed. C.~.T.V. Performance Standards. He advised that he would soon be meeting ~ith the Citizens Committee to begin reviewing and analyzing these replies 'and would be coming back with recommen- dations within the next few weeks., D. DEPARTMENT HEADS AND OFFICERS Robert Shook, Public Works - Reported that he has interviewed consultants in connection with the Traffic Study. ~They will be presenting proposals as far as time and costs are ~oncerned, and Mr. Shook should have a report at the next regula~f meeting. E. CITY MANAGER t. Requested that public hearing be set for September 6, 1972,. for review of the General Plan for 1972, Councilman Dwyer moved that a public hearing be set for this dat~; Councilman Kraus seconded the motion and. it was carried. 2. Petition to close off Via Ro~cole - A report will be presented concerning any comments or recommendations ~eceived regarding the walkway. This :;matter will be discusse~ at the Committee of the Whole Meeting on Tuesday, August 22, 1972. 3. Mr. Huff of Pride's Crossing Homeowners Association has complained about some of the grading 'that has been taking place in Sunmer Place Subdivis'ion. Mr. Shook is negotiating to see if grades can be lowered without affecting the drainage in the area. 4. Received letter from AVCO appealing decision of Planning Commission concerning tentative map. Public hearing approved for September 6, 1972. VII. COMMUNICATIDNS~"'~ Letter from Orville Lykins requesting Council~s support for annexation of his property into the City. A letter of support will be directed to LAFCO at the appropriate time. - 6 - B. ORAL 1. Oskar Thurner presented to the Council a petition for We'stbrook's annexation into Saratoga, containing 80% of the signatures of registered voters. 2. Dr. Isaac Abrams commented concerning improvements within the proposed freeway right-of-way. This matter will be included in General Plan discussions. vxn. ADJOURmmNT The meeting was adjourned at 9:45 P.M. - 7 -