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HomeMy WebLinkAbout03-07-1973 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, March 7, 1973 - 7:30 P.M~ PLACE: Saratoga City Council Chambers, 137~7 Fruitvale Ave.~ Saratoga, California TYPE: Regular Meeting I. ORGANIZATION A. ROLL CALL Present:CCouncilmen Bridges,' Diridon, Dwyer, Kraus and Smith Absent: None B. MINUTES It was moved by CouncilmanDiridon and seconded by Councilman Kraus that the minutes of February 21, 1973 Be ~pproved. The motion' was carried. II. BIDS AND CONTRACTS None III. PETITIONS, ORDINANCES AND FORMAL RESOLUTIONS A. Request by Residents of Westcott Drive to Allow the. City Engineer to Survey and Estimate the Cost of Bringing Westcott'Drive up to Street ~tandards as Set Forth by the Cit~ of Saratoga in Order that the Resi- dents of Said Street May Determine if an Assessment District is Feasible. It was moved by Councilman DWyer ~nd seconded ~y Councilman' Bridges that the Council grant-thisreques~ ~nddirect the City'-Engineer to~b~e~_~_i~n'~_~ :st~iF_fi~?~a ahd report: bac~ to th~ CounCil in ~hirty (30) days the results of this study. The motion wa~ carried. B. ORDINANCE NO. 38.52 r~An Ordinance of ~he City of:'S~atoga Authorizing an Amendment to the Contract Between the City of the Board of Administration of the · Saratoga.an~ .. . California public EmployeeS'Retirement System It was moved by Councilman Dwyer and seconded by Councilman Kraus that Ordinance 38.52 be adopted. The ~otion was carried. C. ORDINANCE NO. 3E-10 - An Interim Emergency zoning Ordinance Prohibiting Certain Uses of Certain Lands, Other Than as Speci- fied, Withih the City of Saratoga The City Manager explained that approximately four months ago the City Council had adopted 7Emergenc~ Ordinance 3E-10, relevant to those parcels ~co~l~r~ferred to as the Miljevich-Garcia properties. The purpose of adopting this ordinance wasto allow the staff to review a planned use for these areas. He explained that the Ordinance had been referred to the Planning Commission for evalu~tio~Mr. Beyer indicated that it is the staff's recommendation that this ordinance be allowed to lapse at the end of ~he f~Ur-month period, on Marc~ 15, and that the~p~r~p~~ck C{tS ~fn~7~'~ He indicated that this w~jul'd- ~e~ ~la'~i~ning~m~s~on and the Council for consid~n'in'~'~ve~y~' period of time, a~Yh~7_-a~ r~egaJai~j~r0~j,~m~m~,~'~ Mr. StUn Walker, Director of Planning, presented ~heeight proposals which are under consideration by the Planning Commission and explained that these proposals pertain tO the two areas shown in the diagram only. Mr. Eugene Geritz of Schoell, Geritz, Paul and Allard,-Inc., an architect firm from San Diego, indicated-that they have been active in devising a plan for this project since November when the Emergency Ordinance ~as adopted. He indicated that his firm had filed an applicationswith the Planning Commission on January 16~ 1973, and in a normalcourse of events there should have been a public hearing set for February 26; however, for some reason, the staff did not schedule this hearing. Mr. Geritz indi- cated that during the course of two meetings with the Planning Commission sub-committee, no mention was made as to whether there was any problem relative to this spplication and the timing with the Emergency Ordinance. Fur~thermore, he indicated that he~was not informed that they would not be heard at the meeting in February. Mr. Gerit~ indicated ih~ was unde~7~ impression th~'~when this item came up on theagenda, it would be to"~&~l~ne~ ~ things:- 1) The ordinance which is under preparation would be a~opted, or 2) The Emergency Ordinance would be continued another twelve months, allowing their appli= -cation to be heard. Re stated that only in the past week he learned that study schemes were being undertaken by the staff, andup to this. time, he had not been aware that any other:considerations were being givento this property. Mr. Geritz felt that the Emergency O~dinance was drafted to encourage a scheme which would combine these two properties into one C-N zoning area and that certain procedures would be f~llOwed in doing this, and he now finds himself in a position where he cannot present that scheme and that he h s n invalid applic~tion~ ' aa Mayor Smith assured Mr. Geritz that w~at he has seen tonight is in no way the end, but only the beginning of what the staff sees as eight alterna- tives. He indicated that the Council would have a joint study session with the Planning Commission concerning these ideas and others very sh6rtly and come back to the. Council with,a recommendation for a permanent ordinance to cover this area. He further indicated that these proposals would be looked at during th~ General Plan Review Mr. Beyer stated that an erro~ was made in te~ms of t~e he~ring procedure in this matter, and it wasn't· u~tilthe previous Week'that he had learned that there should be a public hearing. He further indicated that when he talked to Mr. Gerit~last we~k, he had not indicated that there was going to be a staff recommendation. ~ "Mayor Smith advised 'Mr. Geritz that if he Wanted to amend the.application to fit within the C-V znning, this ~Duld allow him to again have a valid application. He indicated that in keeping with the reCommendation of the staff, the Emergency Ordinance should be allowed to expire on Mardh 15, and that further discussions would be forthcoming-on this subject. D. RESOLUTION NO. 653 - A Resoldtion'Im~lementing the State Ghidelines for Environmental Impact Statements It-waS the recommendation of the City Manager that this matter be discussed at the Tuesday evening study session and re-agendized for the March 21st Meeting. This was approved by the Council. E. RESOLUTION NO. MV-57 - ResolutionzEstabli'shing "Yie.ld" Intersection and Designatin~ Portions of Kilbrid~Drive, Glasgow 'Drive and La Paloma Ave. to be Separated by a ~Do~e Yellow Line It was moved by Coup~ilman KraUs and seconded by Councilman Diridon th'at Resolution MV-57 be adopted. The:motion was carried. F. RESOLUTION NO. MV-58 - Resolution'Establishing Distinctive' Pavement Markings on Mil'ler Avenue from Cox Avenue to Prospect Road in the City of Saratoga Mr. Charles Huff of Pride's Crossing Homeowner's Association asked if the Council felt a double yellow line would cause people to thiBk of the street as a main thoroughfare. Mayor Smith indicated that if it'were found that a double yellow line w6uld tend to increase the'traffic flow in nhis area, the road could be re-painted. It was moved by Councilman Bridges and seconded by Councilman Diridon that Resolution MV-58 be adopted.] The motion was carried. G. ORDINANCE NO. NS-3-ZC-69 (RUTH C. PECK) - An Ordinance Rezoning from "R-I-40,000" no "A" 29.28 Acres of Land for Inclusion Under the Williamson Act. It'was moved by C~uncilman Diridon and seconded by Councilman. Kraus that Ordinance NS-3-ZC-69 be adopted. The motion-was carried. H. ORDINANCE NO. NS-3-ZC-70 (ANTHONY COCCIARDI) - An~ Ordinance Rezoning fro~ "R-I-40,000" to "A" 53.45 Acres of Land for Inclus'ion 'Under the Williamson-Act It was moved by Councilman Diridon and seconded by Councilman Kraus that Ordinance NS-3-ZC-.70 be adopted. The motion was.carried. IV. SUBDIVISIONS, BUILDING SITES AND ZONING REQUESTS A. SDR-1010 - J. T. MC MANUS, UPPER HILL DRIVE - 1,LOT It was moved by Councilman Diridon and seconded by Councilman Bridges that Resolution SDR-10t0-1, granting final building site approval, be adopted, The motion was carried. j B. TRACT 5327 - GEORGE DAY, FRUITVALE AVE~ -' 21 LOTS It was moved by Councilman,Bridges and seconded by Councilman Kraus that Resolution SD-922-1,, approving final map, be adopted. The motion was carried. V. PUBLIC HEARINGS None VI. ADMINISTRATIVE MATTERS A. MAYOR B. FINANCE 1. It was moved by CounCilman Di~idon and seconded by Councilman Dwyer that the list of disbursements (16813 thru 16883) be approved and the Mayor be authorized to sign the warrants. The motion was carried. C.. COUNCIL AND COMMISSION REPORTS 1. Parks and Recreation CommissiOn a) Equestrian Trails - James Day Subdivision .. It was recommended' that this be agendized for the next regular meeting.' This was approved, by the Council. b) Azule Park Site It was moved by Councilman Diridon and seconded by. Councilman Bridges that the Council indicate to the State Division of Highways the City~s interest ~n purchasing the .8.acre of excess lands for.S8,000. The motion was carried. < ~2~SUth C0~mlssion a) Recommendations Re: C.A.T.V. It was recommended that thirs matter be.discussed at a future Committee 6f the Whole Meet'ing. This was approved. D. DEPARTMENT HEADS AND OFFICERS 1. Robert Shook, Public Wor~s .Di~'~R~d%hat COuncil appro~,ace- ment of conduits in tree wells~ in Village for Christmas light's for $522.00'. P.G.&E. to credit Cfty $1,400.00 for system earlier approved. It was moved by Councilman Dwyer and seconded by Councilman Kraus that the Director of Public WorRs b~e authorized to proceed with the above action. The motion was carried. 2. Robert Shook, ~ublic Works ~i~6_~d~"___~t~.u_~c~i'~_i~_V~._~xpen- diture of $1,620.00 for repair of 900 feet of damaged sidewalk in Saratoga Village. The motion'was made by Councilman Dwyer to approve this expenditure; seconded by Councilman Kraus and carried. 3. Robert Shook, Public Works iDir'l~.h'Re~t'~'~h'et~i'~'Gi~t[d'~o~str~c~o'~n~ costs for the Highway 85 Improvement Project are greater than.esti- mated in the Cooperative Agreement; however this Agreement calls for the actual cost to be determined on the basis of the actual quantities multiplied by the unit prices. E. CITY MANAGER VII. COMMUNICATIONS · A. WRITTEN ', 1. Midpeninsula Regional Park District Re: Action Taken by Board of Directors Regarding Urban Development/Open Space Plan. - Note and File. 2. 'Copy of letter to West Valley College Governing Board Member~ Re: Proposed Warehouse-Ma tenance Facility and Parking Lot. - Planning Commission is involved with t~is and will a~ti~ipate taking-'action in approximately two weeks. B. James C. Brown, former'President of Northwest Saratoga Homeowners Association, expressing appreciation for patience and consideration extended by the Council during the past year. - City Manager to Acknowledge. 4. Betty Peck, Chairman Saratoga~Community Garden, Re: James McWilliams Home. - Referred to Committee .of the Whole Meeting March 13. 5. Daniel N. Hoffman, At[orney for the ADL Council, Re: Apartment Licensing Ordinance. - Note and file. 6. Terry Gallagher, Secretary NOrthwest Saratoga Homeowners Association, informing the Council of changes in the Board of Directors. ~ Note and file. - 4- 7. Frieda Hernandez Yeaton, President Intercultural Consultants, Inc., forecasting its future roll as aiding in bringing the interests of the City, landowners, developers and conser~ationist entities into a mutually acceptable resolution. - Note and file~ 8. Robert Yeat.on, Agent, Intercultural Consultants, INC., presenting an alternate plan for development of land within S~ratoga~s sphere of influence. - Note and file. 9. Dorothy M. Friel, 19932 Blythe~Court~ relating an indident on February 7, when the front wheel of her car hit a deep chuck hole-on Cox Avenue, causing damage to the tire, and asking that t~e City cover the expenses. - Denied r~quest; this will be referred to the Cityts insurance carrier. 10. Mrs. Robert Hill,IPreside~t League of Women Voters, introducing Mrs. Jack Callon as the official League Observer of the Saratoga City Council. - Note and file.l 11. E. C. Steffani, r~7281 E1 Ranch6 Avenue, Monte Sereno, commenting. about the sewage problem at th~ corner of 'Sobey and Ten Acres in Saratoga. - C~ty Manager advised'that plumbers. have been notified. 12. Dell L. Hathaway, 12511 Saratoga Avenue, requesting that something be done to control the high rates. of speed on Saratoga Avenue. - This to be referred to traffic consultant. 13. yictor B/Erickson, Chairman Saratoga Heights Cqnserv~tion Corp., advising the Council that all proposals to the City of Saratoga regarding development and donations of portions of lands in the Saratoga foothills have been~w~thdrawn. ~ Note and file. .B. ORAL VIII. ADJOURNMENT It'was moved by CoUnCilman'Brid~es and seconded by Councilman Dwyer that the meeting be adjourned. The motion ~as carried. The meeting was adjourned at 9:45 P.M. .-, - 5 -