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HomeMy WebLinkAbout04-18-1973 City Council Minutes MI.NUTES SARATOGA CITY COUNCIL TIME: Wednesday, April 18,.. 1973 - 7:30 P.M. PLACE: Saratoga City Council Chambers, 13777 Fruitvale Ave., Saratoga, California TYPE: Regular Meeting I. ORGANIZATION A. ROLL CALL '~ Present: Councilmen Bridges, Diridon, Dwyer, Kraus a~d Smith Absent: None B. MINUTES It was moved by Councilman Dwyer and seconded by Councilman Kraus that the minutes of October 4, i973, be approved. The motion was carried. * VII. ADMINISTRATIVE MATTERS E. C~TY MANAGER 1. McWilliams Home - Gene Zambetti, President, SaratOga Chamber of Cgmmerce, reque~ted that this matter be continued to an adjourned regular me~ting on Tuesday, April 24. This 'was 'so orderedD~y Mayor Smith% II. PRESENTATION BY P.P.C. STAFF RE: MONTE ~ELL0 RIDGE STUDY Mr. See .Wilcox, representing the ~.P!C~'Committee of Santa Clara-County, stated that he and Mr. Gil Fayette were 'at the meeting to present the alternate sketch plans for the Monte 'Belle Area. Mr. Wilcox explained that the objective of the Hillside Planning Program is to prepare conservation and development plans for the mountainous areas, recognizing that the mountains on either side of Santa Clara Valley are a scenic and recreational resource. He indicated that this area has undergone extensive geological and hydrology studies, as well as studies by the staff, and after,about a year of deliberations, the Hillside Subcommittee has formulated policies which have lead to the four sketch plans as presented. M~r. Wilcox explained that, the four sketch plans vary in the following ways: 1) The amount of area they designate for permanent open space; and 2) The degrees with-which they provide for residential opportunity. Mr. Wilcox indicated that there would be.a public meeting on May 1, 1973, at which times those cities in the West Valley are encouraged to be present to express themselves regarding the four alternative sketches. The place for this meeting has not yet been determined. III. BIDS AND CONTRACTS A. BICYCLE ROUTE SIGNING PROJECT ~ The City~ Manager requested that this iitem be delayed until the next regular meeting of May 2, 1973. This was so lordered by Mayor Smith. B. TRAFFIC SIGNAL MAINTENANCE AGREEMENT . It was moved by Councilman Dwyer and seconded by Councilman Bridges that the Traffic Signal Maintenance Agreement with Traffic Signal Repair Co., Inc. be renewed for a five-year'period. TBe motion was carried. The new contract amount has been established at $39°90 per month per intersection. IV. PETITIONS, ORDINANCES AND FORMAL RESOLUTIONS' A. ORDINANCE 38.12-3 (Cont. from April 4, 1973) -.An Ordinance of the City of Saratoga Amending Article VI of Chapter 4 of the. Saratoga City Code Providing for the Granting of Franchises for Cable Television Systems~in Said City. The City Manager indicated that the C.A.T.V. Citizens Committee, as per the recommendation by members of the Youth Commission, has ~orked out specifi- cations for modifying a section of~the Performance .Standards to allow for the providing by the Company portable videotape units for use by various community groups. The City Manager requested that the two C.A.T.V. Ordinances be continued to the next regular meeting to allow h'im time to meet with the City Attorney and discuss questions which were presented by Telecommunications. It was the feeling of the Council that this matter has been delayed long enough, and that action should take place p~io~ to the next regular meeting. It was moved by Councilman Dwyer and seconded by Councilman Diridon that this be continued to an Adjourned Regular Meeting on April 24. The motion was carried. Councilmen Kraus and Smith opposed to continuance of the Ordinances. B. ORDINANCE 38.53 (Cont. from April' 4, 1973) - An Ordinance Granting a Franchise to Telecommupications, Inc. to Construct, Operate and Maintain a Cable Television System Within the City of Sarat6ga. See above action. RESOLUTION 65~ - Resolution Abandonlng Storm Drain Easement (Tract 4828) It was moved by Councilman Kr~u~=and seconded 'by CounCilman Bridges that Resolution 657 be adop.ted. The motion was carried, D. RESOLUTION 659 - Resolution Acceptiqg Dedication of Easement for Storm Drain It was moved by Councilman Bridges ~nd seconded by Councilman Diridon that Resolution 659 be adopted. The motion was carried. E. REQUEST CONCERNING NON-CITY-OWNED, PUBLIC OFF-STREET PARKING FACILITIES - GEORGE KOCHER The Mayor ordered that this be scheduled for'a future C6mmittee of the Whole Meeting for further discussion. V. SUBDIVISIONS, BUILDING SITES AND ZONING REQUESTS A. SDR-1Ol2 EDWARD E. LEE, BELLE ~ISTAAVE. - 1 LOT · It was moved by Councilman Kraus and seconded by Councilman Diridon that Resolution SDR-1012-1, granting fina~ building site approval, be adopted. The motion was carried. B. SDR-913 CLAYTON THOMAS, PORTOS DRIVE - 1 LOT It was moved by Councilman Dwyer and seconded by Councilman Kraus that Resolution SDR-913-1, granting final building site approval, be adopted. The motion was carried. .- 2 - C. SDR-1017 - RALPH A. BARKSDALE, QUITO ROAD - 1 LOT It was moved by Councilman Diridon and seconded by Councilman Kraus that Resolution SDR-1017-1, granting final building site approval, be.adopted. The motion was carried. D. SDR-1031 PETER . FITCHEN, INC., ALLENDALE AVE. - 1 LOT It was moved by Councilman Kraus and seconded by Councilman Diridon that Resolution SDR-1031-1, granting final building site approval, be. adopted. The motion was carried. E. TRACT 4951 - MAh~EEN WAY It was moved by Councilman Dwyer and seconded by Councilman Kraus that final improvements be accepted into, the City street system and the bond be released. The motion was carried. Resolution 36-B-142, Accepting Dedication of Streets and Releasing Bond, was adopted. VI. PUBLIC HEARINGS A. GEORGE DAY CDNSTRUCTION CO. - C-166 Request for Change of Zoning from "A" to "R-i-40,000 P.C." the 15.06 Acres Located on Fruitvale Avenue Between Allendale Avenue and Douglas Lane. Mr. Stan Walker, Director of Planning, explained that the proposed develop- ment of this area would involve approximately fourteen building sites, from 33;000 to 38,000 square feet in size. He indicated that the staff and the Planning Commission recommend that the zoning be approved as another area in the central area of development. · The City Manager indicated that thfs is the first application'on which an Environmental Impact comment is necessary, and a Negative Declaration has been made by the Planning Director. The public he~ring was opened at 9:~05 P.M. Mr. Lou Le~o of George Day ConstruCtion Co. commen~ed that this change of zoning wohld be consistant with ~he=other two pieces of land on Fruitvale Avenue and Douglas Lane and south qf Redwood School. A citizen in the audience indicated that he was opposed to.the change of zoning and inquired if previous discussions regarding "planned community designation" had any bearing on this change. Mayor Smith replied that the designatien%wLhich0i~bei~a~pl~ied~for here is consistent with the General Plan as it presentlyl'existsZand there is no indication that density would be increased. Councilman Kraus moved that the public hearing be closed; Councilman Dwyer seconded the.motion, and it.was carried~.!. Public hearing was.closed at 9:10 P.M. It was moved by Councilman Iraus and seconded by Councilman that ~he requested change of zoning b~ appro~ed. The motion was carried. B. LEONARD ROAD PETITION' Request by Property Owners of Leonard Road for the City of Saratoga to Initiate Proceedings to Make Section 21107 of the State Vehicle Code Applicable and Enforceable on Leonard Road. - 3 - The public hearing was opened at 9112 P.M. There being no further dis- cussion on this matter, it was moved by Councilman Dwyer and seconded by Councilman Diridon that the ~ublic hearing be closed. The motion was carried. The public hearing was closed at 9:14 P.M. Councilman Bridges moved that ReSolution MV-62, Applying Vehicle Code Regulations to Private Road (Leona~.d Road), be approved; Councilman. Kraus seconded the motion, and it was carried. C. OSTERLUND ENTERPRISES (TRACT 5243)~ Reconsider and Approve Application.for Final Design Review to Construct Two-Story homes on Lots 1 thru 8, Tract 5243, on Allendale Avenue. Mr. Walker, Director of Planning, explained that the total subdivision as,~'j proposed~consists of sixteen lots, and the condit ion imposed by the~l'a~ ~ng~Co~xs~iOn~was to restrict Lots 1 thru 8 to single-story dwellings, mainly on the basis that the existing homes on this drive were single-story. Mayor Smith opened the public hearing at 9:18 P.M. Peter Tiernan, Attorney for the applicant, i~dicated that his client appeared before the Planning Commission atthe time this matter was being considered. i He continued by stating that the matter was brought up and the amendments I. to the Staff RepOrt, dated March ~2, 1973, were voted upon and promptly ~ .p~d,.. _ ~_ to his client to present h~s stand. giving_ qRp~Et u~t! ......... Mr. Tiernan stated that the grounds for the appeal of this decision are: ~'~Thegstandards are set down in the Zoning Ordinance to meet design review, and this project meets those standards." He stated that if this condition is going to be imposed, it should be ~mposed through an amendment to the Zoning Ordinance~and the homeowners in the area should be able to have their say, as well as the applicant. He, therefore, urged that the decision of the Design Review Committee be overturned at this meeting or that a de novo hearing be set . Mr. Walker indicated that the conditions in the staff report were imposed at the Planning Commission Meeting, and the Design Review Committee concurred in the staff report as it was originally sent. Re indicated that there was no public hearing at the time these conditions were imposed. The hearing was closed at 9:30. At Mr. Tiernan.'s request, it was.mOved by Councilman Dwyer and seconded by Councilman Bridges 'that a de'novo hearing be held regarding this matter. The motion was carried. This de novo hearing will be continued at the next regular meeting~ at wh'ich time Mr. iTiernan and his' applicant may present their comments. The de novo hearing wasiopened'at 9:35 P.M. Mr. Don Glover, 18661. Harle~gh' Drxve', stated that he was representing residents on Harleigh Drive, and they feel the request by.the applicant in this matter should be denied and thet the decision has already been made by the Planning Commission and should not be carried any further. Mr. Glover stated that tw6- story homes in this area would inh~bit the view of the hills for those residents on Harleig~Drive. He stated that placement of two-story homes would depreciate the rural concept which exists in this area. Mr. Gilbert Gray, 18720 Harleigh Drive, indicated that he concurs with the comments made in ppposition to this request, and he pointed out that most of the property owners in this area have swimming pools, and this would Be an invasion to their privacy. It was indicated by one citizen that he had obtained signatures from forty- eight residents in this area who were opposed to this varience. - 4 - Afterrzsome. ldi~uSsion'.Ib~ the Council and the City Attorney, it was moved by Councilman Dwyer and seconded by Councilman Bridges that the de novo hearing be continued to the next regular meeting of May 2, 1973. The motion was carried. A. MAYOR 1. Announced Proclamation EstabliShing Sunday, April 29, 1973, as "Postal People Day" in Saratoga. 2. Announced Proclamation Establishing Month of May as "Bicycle Safety Month". 3. Announced Executive Session to follow this meeting. B. FINANCE . 1. Payment of Claims It was moved by Councilman B~idge~ &nd',seconded'by Councilman Kraus that the list of disbursements be appr0ved and the Mayor be authorized to sign the warrant~. The ~otidn was carried 2. City Clerk's Financial Report - Noted and filed. 3. City Trea~urer's Report - Noted and filed. 1. Parks and Recre'ation Commission ,a) Recommendation Re: Gardiner. Park Master Plan - Request was to delay this and re-agendize for May 2nd Regular Meeting. This was approved, 2, Planning Commission a) Referral Re: Proposed Private School in County - Sanborn Road It was moved by Councilman biridon and seconded by Councilman Bridges ~t~o.o~m.~d~h~7'~o~nt~l~g'~mmi~i~!~{~appl icat ion be~denred~,~ The~mOt~on~was-c~rried~--~--~-~ 3, Youth Commission a) Preliminary Budget for Sara[og~ You~ Com_ ~issi? n -It was recOm_mended that action regarding th.is~ques.t be ~ost~oned hntifl~n~ide~ation~"~ " ~o~___!tbe ~7~-74 fiscal year b~dget. ' D. DEPARTMENT HE~DS AND OFFICERS 1. Public Works a) Report Re: Request of Francis Anderson, Plumed Horse Restaurant, for Removal of Trees in Front of Restaurant '- I~ was moved by Councilman Bridges and seconded by Councilman Diridon that the Staff Re~ort, dated April 12, 1973, recommending that the request to install gas lights be denied, be adopted. The motion was carried. b) Request for Additional Lights in Quito Lighting Districts- It was recommended that this be codtinued to the May 2nd Regular Meeting. E. CITY MANAGER 2. Report Re: 1973-74 thru 1977-78 Capital Improvement Budget - It was moved by Councilman Dwyer and seconded by Councilman Diridon that the Budget Report be~p~t~nd referred tO the Planning'Commission and Parks and Recreatk~'n~ission for consideration. The motion was carried. VIII. COMMUNICATIONS A. WRITTEN 1. Margaret Reed, Re: Resolution 656, naming her "1972 Citizen of the Year". - Noted and filed. 2. Edwin A. Kennedy, 20520 Leonard' Road, Re: Courteous service extended Dy Mr. Dorsey of Public Works Department. - Noted add filed. 3. M. J. Donohoe, 20217 Franklin Ave., Re: Lineal grate in front drive. - Council rejected claim'for damages and recommended that it be referred to City's insuranceScarrier. 4. Margaret Dennis, 20201 Hill Aver, ~u~'ingjthat alternatives be ex- plored to avoid investing money fo~ ~!dli~'i~l West Valley College parking lot. -Noted and filed. 5. Margaret Dennis, Re: Scenic Highway 9. - Code~Enforcement Officer and City Manager to follow up. 6. Harry Mayfield, Re: PUblic address syste~ a~ meetings. - Noted and filed. 7. Ralph Anderson, Quito Road., requesting that a variance be granted for conditions imposed by the Planning Commission for Building Site Approva1 (SDR-993). - It was moved by Co6ncilman Kraus and seconded by Council- man Bridges that the request be.denied. 8. Mayor Gillmore, City of Santa Clara, requesting that City support AB 123 - Approved to endorse. 9. Velma Million of East Valley Regional Park Committee, requesting support of the transfer of funds toward Lake Cunningham Pazk. - Approved to communicate support~on an individual basis. 10. Judy Bergthold, President, Santa Clara Archaeological Society, Re: Archaeological site on 6th and Big Basin Way -~d~'7~nd~i'l~d.~ 11. Alice Rawak, thanking Council f6r Resolution 658. - Noted and filed. B. ORAL IX. ADJOURNMENT It was moved by Councilman Bridges and ~econded by Councilman Diridon that the meeting be adjourned to an Executive Session. The meeting was adjourned at 10:30 P.M. Following the Executive Session, the Council adjourned and re-appointed Mr. ,Charles F. Earley and Mrs. Thomas W. Falltrick to two-year terms on the Library Commission. espectfully submitted, . Rob - 6,-