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HomeMy WebLinkAbout07-18-1973 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, July 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, Dirid6n, Kraus and Dwyer Absent: Mayor Smith B. MINUTE S · It was moved by ·Councilman Bridges and seconded by Councilman Kraus tha~ the minutes of July 26,.1973,.be approved. The motion was carried. C. APPOINTMENTS- .. Vice Mayor Dwyer administered the O~th of Office to John Terry for his appointment to th~ Parks and Recreation Commission II. BIDS AND CONTRACTS A. hORPORATION YARD OFFICE FACILITIES f The City Manager indicated the staf.f had investfgated the feasibility of the City hontracting for this project and sub-contracting out'the!:work; however, it was found that in doing] this the work would not be done for at l~ast~theOdextOsix~to eight ~eeks. 'It was, therefore, his recommendation that the council award the bid to Ralph Ramona and Associate~ for $25,625. Councilman Bridges moved that the cbntract be awarded as per the City Manager's recommendation; Councilman Kraus seconded the motion, and it'was carried. B. KAISER FOUNDATION HEALTH PLAN, INC.! CONTRACT It was moved by Councilman Krau~ an~ seconded by Councilman Diridon that the Mayor be authorized [o:execute'~the contract. The motion,was carried. C.' GARDINER PARK/EL QUITO PARK DEVELOPMENT: · · · ,, I~ The City Manager indica[ed.t~at he 'i~ having difficulty understanding the bids for this. project ,~ffdC~'w~ul~"jl'fk~l~rif~'~o~e'~f t~e'fi~ures before proceeding with the awa.~d.'~'' i[ *waS' 'his'i~c0mmendat{on'[~t' a~[£on on tlis be delayed until the !Inekt ~gUlar'Mee[ing~or: to the! Aj=journed Meeting on Tuesday, July 24th. Vice Mayor Dwyer felt that the matter could be continued to the Adjourned Regular Meeting, and if ~e ~[e~ ~S 'nOt Y~t~red '~t't[is t~me~' ~o'n~inued t~t~& Regular Meeti~g'o~ 'Aughst 1st. ' .... D. AMENDMENT TO'SANTA CLARA COUNTY SHERIFF PATROL CONTRACT The City Manager advised that the proposed increase for Primary Service under the contract is from $20.24 ~o $21.03, and the Supplemental Patrol Service has been reduced from $15.[1 to $14.80 per hour. Councilman Diridon moved that the ~mended contract be approved; Codncilman Kraus seconded the motion, and it ~as carried. III. PETITIONS, ORDINANCES AND ,FqRMAL RESOLUTIONS A. RESOLUTION MV-66 ResolutiOn Es~bl:ishi~ ~'Stop" Inte~'~ection 'at Wardell Road and Carniel Ave. and at Wardell Road and Arroyo de Arguello. The,matterof erecting ~to~.!sign~ja~ these· two intersections was discussed at some length by the Council as we~l as various members in the audience. The City Manager indicatedthat2the;staff is recommending installation of a four-way stop.at ArrOyo de Ar~ueilo and Wardell ROad, as well as erection of stop signs at Carniei and Wardell which would designate Wardell as a through street at that location. Councilman Bridges was of the feeling that C~he four-way s~'op should be in- ~f~fi~d'~ ~he Ca~n{~l {ntersection with the '~t~ff's conSideratiOn 'of 't~ 0B e area,land that this intersection should be site dis't~nce pr 1 ,m'?n this , separated from.the Wardell-Arroyo'de Arguello intersection and given priority at this time." Following further. discUssion of this ma~ter, it was moved by Councilman Dwyer that ResolutiOn MV-66 be adopted, subject to the omission of that portion which concerns the Carniel-Wardell intersection, andsthe staff ~'fre~to repbr'f'~t a-futUf~?f~"'~b'~herni~gYh~'~ ~rrnie'Y?-"~-~ Wardell intersection. Cbuncilman Diridon ~conde~ ,Y~e'~i~n]YAnd it was carried, 3 ~o 1 in favor. B.. RESOLUTION ~V~87 ReSolution Establishing Bicycle Lanes Upon and ProL hibiting Parking on Certain Portions of Via Roncole Between Prospect koad and Ritanna Court. It was the City Manager's recommendation that the resolution be modified to omit the designation of this are~ as a bikeway and approve it as a pedestrian walkway, and after the Bicycle eSmmittee has looked at this and their report submitted to the Council,, further consideration be given to this designation. After considerable,discussion by the Council and the audience, it was moved byCouncilman Dwyer and seconded by~ Co~Dcilman Kraus that R~solution MV-67 be adopted, ~with the amendment ~ha67~ be~"b~__ !~'t~ll[d"Fnd [H~ a~a'behind the berm be filled in and rais~d"to. be~mh~ight. This woul~ be done onOa trial baRis ~iyh'~°~z~y'$~c~lije~,'~H' If'~h~'fe~ur[~r~ ~C~?..ji be unsatisfactory, the berm could be removed. The motion was unanimously / carried. ~ ' '~-. ' C. , CONSIDERATION OF PROPOSAL TO CLOSE ARROYO DE ARGUELLO AT CORTE DE ARGUELLO' The City Manager indicated that at ~he last regular meeting the Council had requested that a resolution be drafted which would acdomplish this action. He indicated thata portion of Arroyo de Arguello as it connects with COmera DriVe and Pierce Road is indicated~as a "collector street" on the City's General Plan, and therefore, if therCouncil chose to close Arroyo de Arguello at any point in this area', the General Plan would have to be amended, which would require public hearings at the Planning Commission level, as well as the City Council level. He indicated he felt the appropriate action would be to refer thisto~thelstaff for f~rther action. He indicated that the Planning Commission has reviewed this and felt in addition to the problem of closing a collector street, there is a Planning -Commission policyof not allowing more than twelve rots on a cul-de-sac street, and there would be eighteen,lots pn this proposed cul-de-sac. The · Planning Commission was also in agreement with the concept to delay action with regard to closing any streets. dntil after the traffic signal at Saratoga- Sunnyvale Road and Wardell Road has~been installed. - Consideration of Proposal to Close Arroyo de Arguello at Corte de ArguelloL(cont'd.) Councilman Dwyer commented that he bad the feeling from ~eading the · P~anning Commission~s review that it did not represent a very detailed ud c study of the area and that he wo 1 re ommend sending this to the Planning Commission for further study. Councilman Br'idges inquired if the Council did agree to start proceedings to change the General Plan, what status'would it put the ownen: of a lot in · relation to obtaining a building permit? City Attorney Faber Johnston stated that since_this is now in con~ormance with the General Plan ,Cth~=a.ppZic~t.ion Vice Mayor Dwyer indicated that the!most persuasive agrument .he has heard that would be in favor o~ closing~B the comment by Councilman Bridges that if[he platooning of the. traffic at'the Wardell intersection is successful, it would seem that the traffic would flow out better onto the highwaycat this point. After-:additional discussion by the Council and members df the' audience, it was moved by Councilman Bridges ~nd seconded by Councilman Diridon that this matter be directed to the Planhing commission for study of th~ traffic circulation pattern. It wa~'al'sO f~lt that the point should be-stressed to the Commission that unless there'is a deterrent tb tbe Council's'thoughts- ~oward a cul-de-sac, they should prBceed with their. Study with this in mind. The motion was carried.. D. RESOLUTION 668 Resolution Abandonipg Portion of Public Utility Easement The City Manager explained that thi's item appeared as "Correspondence" at the last regula~· ~eetih~, and thd"s~iff has ievieW~d.the request of Mr. ' "' Forrest D. Rees'to abandon.the ~oh~erlylfbur feet .of the ten-foot Public Utility Easement (Lo~ 11, Tract 1404, Rio Villa Terrace)..and~lt~iiTthi ¢~s~ff'~'~6mleddation'[K~'[b~S;requestlbe approved'.'\ It'was moved by Councilman Kraus and seconded by Councilman Diridon that Re~olution 668 be.approved, with,th¥ addition that the area be retained as · a wire clearance easement. The m~tion was carried.' E. RESOLUTION MV-68 Resolution Establishing "No Parking" and "Load Zone" on Herriman Avenue. The City Manager explained that'this proposal is to eliminate parking'on the school side of Herriman from Saratoga-Sunnyvale Road to Herriman, and on the opposite side of the street have "No Parking", with the exception 6f a short loading zone in front of the Presbyterian Church on Herriman to Lexington Ct. The proposed lim'its'would be fro~ 7~:00 A.M. to 3:00 P.M. Monday through Friday. Richard Kent, Student President at 'Saratoga High School, indicated the reason~ they would like this resolutiton ado'pted is to put a stop to students loitering around the cars during and after school. Councilman Dwyer pointed out that the request for this proposal came from the Sheriff's Department, students from: Saratoga High School, the principal at Saratoga High School and the Presbyterian Church. Mr. William Cox, 19965 Herriman Avenue, poinUed out that the back parking lot at the school is seldom used because the people who park in this lot cannot get their cars out of the lot duri~ sdhool hours. He further stated there had been some commen~ from Reverend;yorter. at the People Center indicating that hewill not continue to keep the Center open without supervision at all times. - 3 - Resolution MV-68 cont'd.) After hearing comments from other. members in the audience, the'Council agreed to continue this.matter to the next Committee of the Whole Meeting on July 24~h. F. RESOL0~ION MV-69 Resolution Establishing p Intersections at Fourth "Sto" 'Stree[ and Springer Avenue and ~t Fourth Street and Paul AvenUe. It was moved by Councilman Bridges:and s~conded by Councilman Kraus that Resolution MV-69 be adopted. The motion was carried. G.REQUEST BY SARATOGAI HOMEOWNER~ ASSQCIAT~ON CONCERNING PROBLEMS CREATED BY LYNGSO GARDEN MATERIALS (Cont'dr from 5/16 and 7/3/73) The City Manager indicated that since the last meeting of the Council, he · and the staff have been working to!get some of the problems resolved. He further indicated that he has received a request from Mr. Lyngso asking that further action be delayed on this matter until the next regular meeting as he is attempting to work out a-Solution to these problems. He stated he had 'reCeiVed ~ letter%from Mr~ Richard Cardella, Mr. Lyngso's former ~att~r~ey~!i~fd~'~lhgith~ ~tus of various areas of concern, and he reviewed this with the'Council. Mrs. Frederick Tater.~commented that. it.doesn't appea~ that M~. Lyngso has done very much toresolve'the e~ 'sling' probl~ems and mentioned the possibility of buying Mr. Lyngso out. Following discussion of this matter by the Council, it was their feeling that this be continued to a.futureiregular C~ty__C~uncil Meeting, at which time an-~updated progress report wo61d be<~i~d.~ 'A. C-168 WESTBROOK ANNEXATION, PROSPE,CT ROAD (Con~d. from 7/3/73 & 7/18/73] The City Managerindicated that this matter was considered at the last regular meeting, and after~aiscussiOn of same, the Council referred the question back to the Planning Commission because of the consideration that possibly one of the two tracts should be zoned "R-l-12,000" 6r "R-l-15,000". The Planning Commission di~ conside~ this, and in,light of their concern in wanting to know the 'number of non-conforming lots, particularly relevant to site setbacks, continued this on their agenda for two weeksl Therefore, there was no report at this.time; h~eve~, he indicated there would be a report forthcoming at the next City:Council Meeting, and he recommended the public hearing be continued to that meeting. It was moved by Councilman.'Bridges ~nd seconded by Councilman Diridon that the public hearing be continued.to the August 1st meeting. The motion was carried. IV. SUBDIVISIONS, BUILDING SITES AND ZONING REQUESTS A. TRACT 3439 SARAHILLS UNIT #2, LOT .~9, J. 'ROSONO This is a request for a 30-day extension of building.site approval in order to complete the plans for this home~ It was moved by Councilman Bridges and seconded by Councilman Kraus that the 30-day extension be granted. The motion was carried. - 4 - B. TRACT 4548 GEORGE'W. DAY CONSTRUCTION CO., FARWELLAVE. ItShaS been'Kecommended that the release of the performance bond in the amount of $400 be released since ~eh~ p£~a~i~g'~'f"~if't~ tr~e~'in-~his tzact has been completed. It was moved by Councilman,Diri4on and seconded by. Councilman Kraus that the bonding company be authorized t6 release the bond. The motion was carried. C. TRACT 5408 GEORGE W. DAY, FRUITVALE AVE., 14 LOTS It was moved by Councilman Kraus and seconded by COuncilman Bridges that Resolution SD-1024-1 be adopted, approving the final map. The motion was carried. D. TRACT 4742 SARATOGA FOOTHILLS~ MIC~AELS DRIVE, 7 LOTS It was moved by Councilman Kraus and seconded by Councilman Bridges that Resolution SD-998-1, approving the final map, be.adopted. The motion was carried. E. TRACT 5384 JAMES DAY, QUITO ROAD, ~6 LOTS The City Manager explained that this is a request for final map approval; however, he pointed out that on the,tentative map there was a p~oposal for a horse trail fromthecUl-de-sac outward, and it was subject to agreement by deed if the easement fo. So~ey~o~d was acquired by the time the final map was submitted forapproval~ and it'was his understanding this had not been accomplished. Mr. Ed Colsted, representing the developer on this .tract, indicated there is quite a history on this matter, 4nd they have tried to get a horse trail through this property for a number Of years. He commented that at first they were 'going to give the Horse Lo rs Association ten feet across the northerly edge of the subdivision, but the question came up as to who was going to maintain it. He indicated ~that the people who would be riding horses across this trail could not:come with a guarantee sufficient to satisfy the developer, and therefore, it was Set aside. Mr..Colsted indi- cated that secondly, the developer offered an easement if the Horse Lovers could get a continuance of this trail over to Sobey Road. The City Attorney was of the opinio~ that there ,as no reason'why approval of this final map should be delayed, and the Council could approve the map but requ{re that a deed for the easement be deposited with the City for a specific period of time, and if, a~ter that time it is found the guarantee to maintain the trail and the requirement to extend it to Sobey Road are not. being met, the City Could return the deed. It was moved by Councilm~n Diridon ~nd seconded by CouncilmaD ~Craus that t.he' final map be apprqved, subiect to d~posi.ting Of the deed £6r'this easement, between lots 13 and 14,t and extending at a right angle for anotheYr87~'feet along Lot #14, with the City Clerk for a ninety-day period % maidtenance of the horse trail and the requirement to extend the easement out ~I~o Sobey, Road. If, after this ninety-day period, the trail is found satis- .factory'by the City, theldeed could,be sent to-the Recorder; otherwise, it ~would be returned. The motion was Carried. VI. ADMINISTRATIVE MATTERS A. MAYOR B. FINANCE 1. Payment of Claims It was moved by Councilman, Diri~on and seconded by Councilman Bridges that the list of disbursements Ibe approved and the Mayor be authorized to sign the warrants. The motion was carried. 2. City Clerk's Financial Report -! Noted and filed. 3. City Treasurer's Report - Noted' ~nd filed. C. COUNCIL AND COMMISSION REPORTS Library Commission - R~commendation urging City Council to support passage of AB 2008. It was moved by Councilman Bridges and s~pgdad by Councilman Di.ridon ~tnat the Council _$en__ators Alquist and~B~adley. ~The motion was Y~ried. D. DEPARTMENT MEADS AND 6FFICERS 1. Public Wor~s a) ReSurfacing Project .- RequeSt for extension of asphalt capOfrom Fruitvale Ave. to the~Corporation Yard. It was movedby Councilman ~Kraus and seconded by Councilman Bridges that an additional ~$2,600 be authorized for this asphalt extension. The motion was carried. B) Buckhall Storm Drain ProjeCt - Request for authorization to hire engineering firm. It was moved by Councilman!Diridon and seconded by Councilman Kraus that $3,500 be authori'zed for'engineering services of Tonkin and Willjams.' The ~otion was carried. c) Storm Drain Problems - Walnut Ave., Williams Ave. and Alta Vista - Request for consultant firm to proceed with contract. It was m~ed b~ Councilman~Dir~don and~ seconded by Councilman Kraus that the consni~ant fi~m o~ Ma~Thomas~a~d~ C~mpany be authorized to proceed with the contra6t for this project. The motion was carried. · E. CITY MANAGER 1. -Proposed City Service (-cs) ~o~bining ZOne - Letter has been received from the County Plan~ing Commiasion asking 4f0~ ~n~e~s'~~6~'ik ~e¥6io~ ~nnc'e~ni~g'[~e C'~Vy ~hd"ff~'~urban service a~[~s-and ~y'-co~edt'~th~ c d al ' igh have an'th o i ied Zoning Ordinance. The Cit9 Manager advised that answers to the six questions would be presented at the Board of Supervisor~ Meeting t~morrow, July 19th. 2. McWilliams House - It has been discovered that the water main runs directly under the proposed location for the McWilliams House. The City Manager indicated he woul~ discuss with San Jose Water Works and report back to the Council at a later time. 3. Managing Gardener Agreement -~Fresented agreement which would supercede that agreempgt between the City and Gregory Haynes, who resigned July 1, 1973./~- ........ - 6 - City. Manager Report (cont 'd. )' ' ' It was moved by Councilman Diridon and seconded by Councilman Bridges that the Managing Gardener Agreementibetween the City and Ste~e C~mmings, through September 1, 1973, be approved and the Mayor be authorized to execute same. The motion was carried. VII. COMMUNICATIONS A. WRITTEN ~ i. Mary E. Standard, 5240 Cribari Hills, San Jose, ~eqUesting that requirement to correct ~torm drainage system on Lot 6, SDR-1018, be waived from conduitions for Building Site Approval.'- This was re- referred .to hext week's Committee of the Whole Meeting. 2. Mr. and Mrs. Donald Norling, 2i000 Comer Drive, opposed to proposed future street which Would cut across the front of their parcel. Planning Commission is handling'this matter. 3. MrS. Rebecca Lim, 20665 Wardell Road, supporting the four-way stop at corners of Wardell Road.and Arr.oyo de Arguello. - Noted and f.iled; Cit~y ~anager to respond and advise that this was approved. 4. Delaplaine McDaniel, 14253 Hillitop Way, requesting that final approval of the Barco property subdivision be delayed until further-consideration is give.n to the need for easemeant access along northerly edge jof this property. - Staff to contact Cqlonal Barco and discuss; report at next regular m~eting. ' 5. Members of Foothill 4-H Horse Proje'ct, requesting that horse trail next to Barco property be changed. - Same as above. 6. Mr. and Mrs. Elwin M. Stocking~ 18674 Woodbank Way, requesting that the'Council reconsider the decision of the Planning Commission' on the location of the equestrian trail on the Barco property. ~ Same as above. 7. Saratoga Fire District, 14380 Saratoga Ave., requesting further con- sideration be given to their o~iginal proposal for amerger into one fire protection district. - Re~ort to be presented to the Council in 30 days.. B. ORAL 1. Peter Becker, Montalvo Road, requesting that building site approval be' granted on SDR-1056. It was moved by Councilman Krahs and seconded by Councilman Bridges that building site approval be~granted, subject to.submittal of the o'. improvemen~ bond and execution; of the~ument~required '£~ 'B~ilding Site Approval. The motion was carried." VIII. ADJOURNMENT It was moved by Cohncilman ~Bridges ahd rs~conde~ by Councilman Kraus that the meeting be adjourned [~ a~ Adjourned' Regular M~eting on TueSday, July 24, 1973. The motion was carried. ~,~he meeting.w~s' adjourned at 12:05 A.M. '~ s~bmitted Ro r eye City Clerk - 7 -