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HomeMy WebLinkAbout09-06-1972 City Council Minutes SARATOGA CITY COUNCIL MINUTES TIME: Wednesday, September 6, 1972, 7:30 P.M. PLACE: City Council Chambers, City Hall, 13777 Fruitvale Avenue, Saratoga, California TYPE: Regular Meeting I. ORGANIZATION A. ROLL CALL Present: Councilmen Bridges, Dirid~n, Dwyer, Kraus and Smith Absent: None B. MINUTES The minutes of the August 16, 1972 meeting were approved as written. IIo BIDS AND CONTRACTS A. SEAL COATING AND OVERLAYING CERTAIN. CITY STREETS (GILSONITE SEAL)TM GEORGE P. PERES CO. It was moved by CoUncilman Kraus and seconded by Councilman Dwyer that the work be accepted and the Council authorize filing of the Notice of Completion; the motion was carried.~ B. SEAL COATING AND OVERLAYING CERTAIN, CItY STREETS (A.C. OVERLAY) - FREEMAN-SONDGROTH CONSTRUCTION CO. Councilman Kraus moved that the work on this project be accepted and that filing of Notice of Completion be a~t~orized; CBuncilman Bridges seconded the motion and it was carried. C. LANDSCAPE MAINTENANCE CONTRACT ~The City Manager advised'tha~i~s'p~'~or this con~a~r~q~uest'='~ ~c~s~ctiv~'C~a~to~ su~m'~t~t~rer j~ t~aat' ~he~a~' which__are ~qual ~nscope to the work proposed in Saratoga. In this waX, tthe City will be a~Ie to view the work, and take this into consideration ~before awarding the contract, He also advised that there would be a cla~u~s~e~ in the contract t~ .~.~clude remedial: work which h~s.to b~.done, _ It was moved by Councilman Dwyer and seconded by Councilman Bridges that the staff be authorized to advertis~ for bids; the motion was carried, D. JOINT EXERCIS~ OF POWERS AGREEMENT FOR A LAW ENFORCEMENT STUDY Councilman Bridges moved that' the City enter into the Joint Exercise of Powers Agreement and authorize the Mayor to execute the Agreement; Councilman Dwyer seconded the motion and it was carried. The City Manager advised that this ~s anticipated to ~~t~Y'~s~'~S~ $2~0'~7, ~it~'[~'~ity '~_ s~e' ~b~in~$ii~5~ O'~hi~h~$iO~OOO~a§i~a{r~'d~'been'b~dgeted'~ E. REALIGNMENT OF SARATOGA CREEK AT~WILDWOOD PARK The City Manager;i~dicated that the' Parks and Recreation Commission has recommended that authorization to' advertise for .bids be delayed until they have had the opportunity to review the preliminary plans for the realignment. Jean Woodward, Chairman oflthe Parks and Recreation Commission, commented that she feels the Council is not aware that the City would lose from 1/4 to 1/2 acre of p~operty by channeling the creek in a straight line, and also, that we.would be losing several trees. Councilman Br'idges commented that his ~ain concerd is whether or not have allowed more land which is naturally left over to go into the parking district. Fir. Bridges asked if the! working drawing showed a raised design or if the channel could be built further back Eo alleviate some of-the land reserve. The City ~ttorney £ndic~ted ~'th~ dfty entered into the contract with Flood Control on the basis of the alignment as shown od the working drawings. Councilman Diridon was of the opihxon that the City'should'be given authorization to advertise for bidslat'this-ti~e,, and Parks and Recreation. could proceed with their review of the map. Councilman Kraus ~oved that Parks add Recreation-be allowed to review the working drawings and that the matter be continued to the next regular meeting; Councilman Dwyer seconded the motion and it was carried. ,' ~ F. SLIDE REPAIR - Pierce Road, Toll Gate Road Councilman.Dwyer moved that the staff be authorized to advertise for bids; Councilman Kraus seconded the motion and it was carried. G. REFLECTORIZED MARKERS Councilman Kraus moved that the staff be authorized to advertise for bids; Councilman Dwyer seconded the motion and it was carried. H. TRAFFIC CONSULTANT FOR PROPOSED TRAFFIC STUDY It was moved by Councilman Dwyer and seconded by Councilman Kraus that the Mayor be authorized ~o execute the contract with the firm of De Leuw, Cather and Company~7~_f~th~st~'l~xceed S10,000; the motion was carried. ' ........ "j~ ~'" I. PROSPECT ROAD IRRIGATION SYSTEM It was moved by Councilman Dwyer and seconded by Councilman B~idges to award the contract for sprinkler system to Rainbow Sprinkler Company for $2,645; the motion was carried. Anticipated completion. date: September 20, 1972. J. PROSPECT ROAD - PAVEMENT IMPROVEMENT RELATED TO PROPOSED TWO-WAY LEFT TURN LANES The Mayor indicated that Oskar Thurnher had raised the question as to whether the City was going to approve landscaping along 6he median strip on ProSpect Road. .It was his feeling that this matter.should be'delayed in order to study the traffic hazards involved with landscaping in this area. ~ ' Jim Naugle, 12072 Ingrid Court, indica[ed that he was there on behalf of Oskar Thurnher, and it was their desire to attempt to work with the commercial owners in this area to try to ge't some landscaping,~'~rtf~ularly ~'~he north side. ' Councilman Dwyer moved that the contract for widening be awarded to M.C. Slack Paving Company for $~,395'; Councilman Kraus seqonded the motion and it was carried. \ :. - 2 - K. AERIAL PHOTOGRAPHY FOR PIERCE ROAD AND BOHLMAN ROAD AREAS The City Manager advised that the Director of Public Works has recommended the firm of Pugh-Nolte and Associates to obtain up-to~date aerial p~otos of the Pierce Road and Bohlman Road Areas for the total fee of·$13,500. The Mayor indicated that he would like this matter to bro~h~jnto_a. study session~ to get a better review of the proposgd work; Councilman Dwyer  second~d the motion a~d* it was c~rrfed..This will be..'scheduled for the next Cgmmlttee of the Whole Meeting ~on September 12, 1972. L. PURCHASE OF TWO CITY MAINTENANCETRUCKS C~t--was-reported"that'fdur~bids-were~received-'as'fol~l~'~ Inte~affonar~ .-H~rvester - $23,244.35L South B~y Ford -=$26,227.6~;~ San-J~se White Trucks - ~$28,074700; Alii~on '~M. Cr;- $29,I05~2~l-I~-was_ m~v~d"b~ 'CouncilmaniDler ~and~_seeonded b Councilman'KraUs thatthe contract be awarded to International Harvester ~or-~23~244.35'. The ~6fion was carried. IIi. PETITIONS, ORDINANCES & FORMAL RESOLUTIONS A. ~ RESOLUTION NO. 629 RESOLUTION OF INTENTION TO AB~IDON PORTIONS OF WARDELL ROAD' It was ~oved by Councilman Bridges and seconded-by Councilman Diridon that the public hearing Be set for.~he.first regular~'~eting in October; the motion was carried, B. RESOLUTION NO. 630 ! j RESOLUTION OF INTENTION TO SET ELECTION FOR. WESTBROOK ANNEXATION It was moved by C~uncilman-Kraus and seconded by Councilman Diridon tO set a public hearing on this matter' for the first regular meeting in October; the motion was carried. C. RESOLUTION NO.·MV-47 RESOLUTION APPROVING INSTALLATION OF "NO PARKING'! SIGNS IAT QUITO ROAD AND BUCKNALL It was moved by CoUncilman Dw~yer and seconded by'Councilman Kraus that, Resolution No. MV-47 be adopted; the motion was carried. D. RESOLUTION NO. MV-48 ' ' RESOLUTION APPROVING INSTALLATION OF "NO PARKING" SIGNS AT QUITO ROAD AND ALLENDALE ~'I~s'7~mo~e~j~ZCouncilman Kraus and seconded by Councilman Dwyer that Resolution No. MV~48 be adopted; the motion was carried. E. RESOLUTION NO. 633 RESOLUTION DECLARING SEPTEMBER 7, 1972 AS A DAY OF MOURNING FOR THE TRAGEDY WHICH OCCURRED AT THE TWENTIETH OLYMPIAD Mayor Smith moved that Resolution No. 633 be adopted; Councilman K~aus seconded the motion and it was carried. III. SUBDIVISIONS~ BUILDING SITES &, ZONING gEQUESTS A. 8DR-898 - JAMES RYLEY, MADRONE HILL ROAD It was moved by Councilman Diridon that Resolution No. SDR~898-1, Granting Final Building ·Site Approval, be adopted; seconded by Councilman Dwyer and carried. - 3 - B. SDR-975 - LUCIANE IACOMINI/JACK WAKEFIELD, BOYCE LANE It was moved by Councilman Kraus tha~t Resolution No. SDR-975-1, Granting Final Building Site Approval, be adopted; Councilman Dwyer seconded the motion and it was carried. C. TRACT 5244 -'OSTERLAND ENTERPRISES, iCOX AND SARATOGA It was moved by Councilman Dwyer that Resolution No. SD-972-1, ~pproving Final Map, be adopted; the motion was seconded by Councilman Kraus and carried. V. PUBLIC HEARINGS - 9:00 P.M. Mr. W~lker, Director of Planning, e~plained that~this is an application for change of zoning from .R-i-10,OOO to Neighborhood-Commercial for the purpose of developing. t~e.existing property into a veterinarian clinic. Re indicated thae the Planning,Commission has recommended that the zoning be changed, subject to the following conditions: 1) The addition by the Planning Commission will add. the use'"Ve~erinary Clinic"to the list of Conditional uses ,in the "C-N" Zonip~ District in accordance with the procedure set forth in Sectionld'.l'of Zoning'Ordinance NS-3, and 2) The applicant shall obtain a UselPermit for a "Veterinary Clinic", subject to appropriate conditions. ,Mr. Walker indicated that Dr.'Henry is well aware that someday this property will be taken for the-proposed West Valley Freeway. Mayor Smith inquired if this rezoning ~ould be consistent with the General Plan. Mr. Walker re~lied that it would not be consistent;. however the Family Food Market ~n this samelarea is not zoned for Commercial use. Mr. Diridon commented that there are several areas within ~he City that have to be made "consistent" between now and the first of the year, and that-this would just be adding another one. The public hearing was openedgar 9:00 P.M. Dr. Julian Henry, 18998 ~llendal~ Avenue, commented that pne thing felt should be taken into consideration is the fact that he ~nly plans to put about $12,000 to $15,000 into remodeling the present structure. He further commented that he knows about the proposed freeway, and he feels that this would be an excellent use for this land. Mayo Smith asked Dr. Henry now many animals ~Dj~He~ry~.ffdvised that his intention at this time i~ t~ ~ut~nab'but fifteen kennels Councilman Kraus inquired how large oflarea~this would entail. Dr. Henry replied ~hat it would involve about 500 square feet. Councilman Dwyer moved that the public hearing be closed ~for 'this evening and continued to the next regular meeting of'Se~ber~bT'~e motion was B. DARIEN WAY TheCCity~Manager advised that~eff~te~ ha~) to ~ .h ~. proposed _ ~I _ o~wit _~he vacation and abandonment of DarienTWayr--'He further advised ~hat he ha~ recently received two letters . . one from Central Fire District ~e~=~ taining to removal of fire hydrants in the area and the other from San Jose Water Works, indicating that each fire hydrant that was required to be removed would cost $2,600 to doso: The City Manager indicated that the~e has been additional t~lk about abandoning a portion of Darien Way and leaving a portion for pedestrian walkway~ Mr. Charles Huff, 12725 Miller Ave.~ stated that he hasobtained.~84 signatures of homeowners in the area who would be ~i~fav,"gr~-~al~way.' He advised that he ~ould like the City Council to cg~ide~jh~'~s~'{bility of having a walkway and a bike route for children. Mr. Ron Donato of 19468.Brockton Lahe commented that both he and his wife would like to see the ~treet closed~ He further commented that they would have no objections to a walkway; however, one concern he had was maintenance of the walkway. Mr. Donato also made the comment that his side of the street does not have curbing Mayor Smith indicated that Mr. Donato's'side of the.street has not been approved yet, and this is the reaso~ for n~_o~ur~bing. Hestated that if th~ewalkway is approved, it could be desi~rgnedi~o~ro~h'i'~Ies f'~'rom Patricia La~ence, 19488 Brockton Lane, indicated that she feels this would be a good area for a walkway ~o go through. [Councilman Diridon asked the-City Attorney if the City ~o~ld be liable. C~~~a~'~ ~he City Attorney repli~at"ff~[here ~t~b~'~i'd~r~i~r~Ikwayr~he lando~er, as well as the Cit.y, would be legally responsible. ~.~ Matteoni, 12601 Cambrid~Drive, indicated that he feels there is a critical time element involved here, in that children coming home from school each day have two extremely .bus~Doints of crossing, and the present time, Darie~ Way. is a little safer because it involves only two cr.oSsings of streets instead of four. ~ .~ - Mayor Smith suggested that the Council work with ~the two neighbors on the subject street, as well as witW'th& Parks and Recreation Commission, and report back at a future m&etid~. . - It was moved by Councilman Br=idges jdd seconded by Councilman Diridon to clos~ the Ublic h aring~f~s even~&~d~finue to September 20; the motion wa~ carrie~. ~-- = ~ The City Manager. suggested-that the staff take a more detailed'lookat the alternatives involved in this matter%and have a recommehdation ready for that meeting. C.. NORTH~ST S~OGA P~ ~I~EN~CE DISTRI~ The City Manager e~plained that inMarch of this year the fir~ of W~lson, 'J~nesand Lynch was asked-t6 draw up a'Resolution-of Intention to Form a Maintenance DistriCt for~ the abo~e~zarea'at the.reqUest oi.a% m~jority of ~ homeo~erS in~ the'area.7/.In AugUst ~1972, t~e City CounciL adopted' ~ 'Res01utionJ626,, ~hich~is'a..Resolution of Intention,to Form'a Northwest~ Saratoga 'Park Maintenance District.~, At that time-there~ were question~ brought UP as to the scope'of the project. Attorney Theo~0reKobey indicated that he would review..the wording .,and.,,trX~ to-narrow do~the description of~ the area involved..The Ci.ty.Manager advised that hehas pu[ .togethe~ some cost.esti- '~ mates 7~don~his understanding of the work to be done in forming~a "distritt~ ~n~ thi's totals'approkimately.$1,80OTforl.the firstyear~and'$1,_200 ~annuall~ ~RFi~~hat he had received petitions with 49. zsignafures, representing 33 parcels in the subject area, in.opposition to any a'sses'sment district. He ~fdrther.indicated that it is his,understanding_that the district could be ~st~blished without. setting,the tax-rati~s__yea=-~ due to the ,fact that it k~.s too late this year, but it could be set ne~t-yeAr b~ed on the work to - 5 - Mayor Smith pointed out that the City Council is considering this evening · ,, . . ,, .~r-7,~--~----7... -~-- ~---.-~ formation of the dxstr~ct and not~th s n f th _ e ett~ g o_ _he ~j~a~,..._Al~Ls~o,_there are several o~her subdivisions in the cit~'~t'~ndle'the t~x. problem by doing the work themselves.~ He then ordered that the public hearing be opened. Mr. David Shaw,~'t2088 Carroll Lane,~ commented that he is one of a group that has doubled in size since 1965 and has attempted to maintain this area. He indicated that it is his feeling that they would need support from the City for providing landscaping, lighting, etc. Mr. Richard Foley of Merida Drive indicated that he has lived at this location for three years and-several t~mes neighbors have made attempts to keep the ~ed problem from getting out of hand on the ~ospect side. Also~ the neighbors have had problems in keeping the Covina side clean. He pointed out also that the new light is about 50% effective as it was last year, and also, that he has called upon th~ city maintenance depart- ment several times because of residue that has collected in his pool. He emphaSized'the fact that there,is a' tremendous amount of residue that collects where Kirkmo~t ends; ~lso ~ lot of rubbish is deposited along ~ospeet~ and the property o~ers go, out and pick it up themselves. ~. Foley asked ~y the City had chosen this particular area to formulate a maintenance district. The Mayor replied that this has Been indicated as a problem area by the p~ople of this area. Mr. Foley inquired if there are other maxntenance districts within the City. The.Mayor replied that there are five. ~. Foley asked ~at 'the average figures werelfor ~he maintenance districts. Mayor Smith replied that it would.probably estimate about $7.00. ~. Jack Wirtz stated that he represents one of the parties which are opposed to this plan because it appears to them that the City wants them to assum~ responsibility for public property that has already b~en dedi- cated to the City. Mayor Smith commented that the description whichr.has be~n used in the past' has been-very broad and thus mxsinterpreted F however, the language has been cut back in the revised resolution to more clearly define the purpose of having a maintenance district, Mr. Wirtz commented that he feels the~ formation of a maintenance district would include a much broader scope ~han what they are'ready no take on. He further stated that h~ is not ~o~opposed to the "district" as he is to the separate tax. -, ~ Councilman D~er informed ~. Wirtz ~that Saratoga's tax rate is very minimal. Mayor Smith co~ented that the concern which seems to be at hand is that of keeping the tax rate low, and, in his opinion, the best approach would be to approve the "district" and ~he homeo~rs.'do the work themselves. ~. Wirt~ advised that he' would like eo know what contract he would be responsible for. The Mayor explained that Resolution No. 626 shows the "intention" to'set up a maintenance, district, and Resolution ~. 632 orders the formation of this "district". He advised that the City would rather have the homeo~er groups handle this problem, but thisZ has not worked in 'the past. Mr. Doug ~anst~n of Coyins Drive commented that the t~e~ in this area should~indthde taking care of this m~intenance district. He has taken some of the weeds out and planted shrubs, etc., and he feels the taxes ~ are high ~nough that the City should take care of it now. - 6 - Mr. Charles Huff, President of Prides Crossing Homeowners Association Commented that when the Prides Crossing South M~intenance District was formed the. same problem had existed.' Mr. Huff was of the. feeling that the homeowners should look at the tax rate of the City, and they willI find that it is really very low. He advised that if these peqple do choose do the work themselves, they should consult a homeowners group ~uch as his and find out f~om them how difficult it is. He further commented that the "district" would guarantee t~at the ~ork will'get done.'. Mayor Smith Commented that the formation of a maintenance district gives the homeowners association a "back st "to - op get the work done.. Mr. Sam Paddock of Marila Drive indicated that he has heard. rumors that the formation of a "dist ict would ~cost up to $200 per ~ear. He staeed r " tha~ he hasn't seen the revised document (Resolution 632), and feels he should see this before voting on the issue. Mr. Jim Nogle, 12072 Ingrid Court, commented that his biggest bargain in the t~ax program is the City of Saratoga. He further commented that is'opposed to the proposed resoldtion, in that the roads involved-are of benefit to the community and not necessarily to the neighborhood, and therefore, it should be examined very closely if the maintenance along · Prospect is something ~n~' -t e · ich-?e Mayor Smith agreed .tha[~ant does take,.~lacg"~7[n.this .area, we%would be impressing landscaping r~quirements on them. Jim Brown, President o~ Northwest Saratoga HomeoWner's Association indi- . cared that this group has had many discussions of what was going to be involved, such as maintenance, re-planting, watering, etc, After these discussions they have-sent' their response to the'City that they are in favor of the formation of a park maintenance district. Mrs. Beverly Fitzpatrick, 20410 Kirkmont Drive, asked if the hearing could be continued and the new resolution forms mailed out. The Mayor .replied'that it is a substantial document and asked if Mr. Brown would assist in some way. This was agreeable with Mr. Brown. The Mayor asked Mrl. Kobey ~f the language could be restricted e~en ~_hr~.--]~lback in the resolution. Mr. Kobey replied that the language could bd natrowed somewhat. It was approved to continue the public hearing on this matter to the next regular meeting of September 20, 1972. D. AVCO APPEAL TO APPROVE TENTATIVE MAP The City Manager advised that this is a request by Mr. RonaLd Harrison of AVCO Community Developers to appeal Planning Commission's decision to deny their proposed tentative map. Mr. Harrison indfdated that~_.th__eya_~re appealing th~ Planning Commission's decision to deny~ehem-?f~m putting ~o~'Es~'6]~Bpe~?y along the proposed West Valley FreewaYT.~h'~r~ih'd'iFated'Eh~ AVeO's only concern iS that the City Council take'some action tonight. Councilman ICraus moved that the public hearing be closed; Councilman Bridges seconded the motion and it was carried. Councilman Diridon inquired if it would be'of any.b~h~fit to see what the State is willing to do about this matter. Councilman Dwyer didn't think it would; he then moved that the Council uphold(j the..PlanningCCommission's decision to deny'-the appeal; Councilman .Kraus~seconded the motion and it was carried. - 7 - VIi ADMINISTRATIVE MATTERS A. MAYOR 1. Housing Study was passed on from P,P.C. to the City and this will be a subject for a study session in the near future, and also,' that this would be pertinent to! the "General Plan" and hillside development. B o FINANCE 1. Payment of Claims.- Councfiman Dwyer mo'~ed that?the list of d~sburse- ments be approved .and that the Sayor be authorized to sign warrants; Councilman Diridon seconded the mOtion'and it wa~ carried. C. COUNCIL COMMITTEES & COMMISSION REPORTS None D. DEPARTMENT HEADS & OFFICERS 1,' P~anhing ='.Fir~. Stan Walk~vi~ed that the Interim Open .Space~.~ 2. Public Works - ~ontraht.Chahge~Order for Signal Installation on QUito Rd. It was moved by Councilman Brid~es and seconded by Councilman Dwye~ that the contract change order 8f Steiny and Company for instaliatio~ of overhead sigpals fOr, the additional cost of $1,180 be approved; the motion was carried. 3. City Attorney - Feber Johnston rlequested that,a~ resolution be passed7 authorizing filing of injunction proceedings for Mr. John Gorman., Councilman Dwyer moved that the City Attorney be authorized to proceed on the Gorman matter; Councilman Bridges seconded the motion and it was carried, E. CITY MANAGER 1. Request from Chamber of Commerce{Re: Traffic",Control.at FoUrth Street and Big Basin Way during fhristmas Season - It was requested that'this be'discussed at the next Committee of the Whole Meeting. 2. Termination of Agreement with Youth Center, Inc. and AcCepting Assets and Liabilities for Operation of Saratoga Youth Center - This will be discussed at an Adjourned Regular Meeting on Tuesday, September 12, at which time a completed audit report will be presented, "St6" 3. Consideration of Request for p Signs on Ritanna Court Near Via Roncole - Councilman Bridges~moVed for adoption of MV-49, authorizing installation of three-corner stop at this intersection; Councilman Dwyer seconded the motion and ResolutiOn MV-49 was adopted. 4. Willard Lynch Condemnation - It was moved by Councilman Dwyer;.seconded by Councilman Kraus to approve the requested ten-day extension to the originally alloted sixty-day period. The motion was carried. VII. COMMUNICATIONS A. WRITTEN 1. Letter from Oskar Thurner Re: [aRdscaping of Median Strip on Prospect Road - City of Saratoga to work with the City of San Jose to see if additional landscaping could be accomplished. - 8 - 2. Letter from Howard B. Bennion<requesfi~g ext~!~e~sion of compl<tion , date on SDR-787 - Mr. Watker~ discuss thi~"~feh~Mrr-'B~n'ion and report at the nexE regular meeting. 3. Letter from Fred Lustig Re: Anti-Noise Legislation Contemplated by City Council - Noted and filed. 4. Letter from James C. Brown, President, Northwest Saratoga Homeowner's .- Association, expressing support of formation of s park maintenance district - Noted and filed. 5. Letter from James Brown requesting that City Council reject Planning Commission's recommendation to fezone a portion of the areaCon Saratoga-Sunnyvale Road to Igdal Commercial - This matter will be discussed at the September-20, 1972 meeting. 6..Letter from Mrs. Hans Kaspar 'Re: Consideration of a Bedestrian Walkway on-Via Roncole - Noted and filed. B. ORAL 1. Mr. Sam Hernandez, Big Basin Way Re: Leash Law Enforcement - Noted. VIII ADJOURNMENT The meeting was adjourned at 12:00 A~M~]and will be continuedat an Adjourned Regular Meeting,on September 12, 1972. spectfully submitted, RoU -9 -