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HomeMy WebLinkAbout08-01-1973 City Council Minutes .MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, August 1, 1973 - 7:30 P.Mi PLACE: Saratoga City Council Chambers, 13777 Fruitvale Ave., Saratoga, California TYPE: Regular Meeting I. ORGANIZATION A. ROLL CALL Present: Councilmen Bridges, Diridon, Dwyer, Kraus and Smith Absent: None B. MINUTES Jul~ 18 Minutes - Page 1, MINUTES: ~Change date to June 26, 1973. Page 3, par~agrapb 4, Re: PROPOSAL TO CLOSE ARROYO DE ARGUELLO:-- Modify last sentence to indicate the Council would like the Planning Commission'to give' consideration to ~the cul-de-sac on Arroyo de Arguello. It was moved by Councilman Diridon :and seconded by Councilman Bridges that the minutes of July 3rd be approved~a~ri'ff~7'aFd"~h7 be approved aS ~modified. The moti0n'~r'~igd'i"' ' ~ ~-~' II. BI~S A~ CO~RACTS A. G~DI~R P~K/EL QUITO P~K DEVELOM~ (Cont'd. from 7/18 and 7/24/73) It was moved by CoUncilman Dwyer a~d seconded by Councilmad ~aus that the request of Coll~_Sh~w C9~.poration_~n~ff~Ts~ ~.'a~e, ,~t~_E,~he~,~L~'d~ for Er Qu~'P~k, 'be acd~.k~lhe ~ounCil lccep~ ~the base bid of $55,600~f~b~ P~fo ~lto LandScaping. fo~"p~im~ work 'Sn. It was moved by Councilman Kraus a~d seconded by Councilman Diridon that all bids 'forGardiner Park and Kevln Moran Park lighting be rejected on the basis of being-~oo high and the' staff, after .Enrther reviewing the B. C~IFORNIA DE~ SERVIqE AGREEME~ It was moved,by. CounCilman Diridon.FTand seconded'by'.Councilman Bridges that the agreement proQ'id~ing 'dental coverage to management personnel of the City of Saratoga be approved. The motioh was carried. III. PETITIONS, O~INANEES ~ FO~ ~k~SOL~iONS ' A. RESOLdION MV~68 (Cont"d. from 7/18/73) - Resolution Establishing "No Parking" and "Load Zone" on Herr. iman Avenue It was moved by Councilman Bridges rand seconded by Councilman Kraus that Resolution ~-6~ be adopted, With the provision that the resolution be amended to indicate "No Stopping" wherever "No Parking" is indicated. The motion was carried. B. RESOLdION 669 - Resolution Authorizing Transfer of Funds Between and/or ~ong Funds I~ was moved by Councilman Diridon and seconded by Councilman Bridges that Resolution 669 be adopted. The motion was carried. C. PETITION BY RESIDENTS ON LA PALOM~ AVENUE RE: USE OF RESIDENCE AT 20247 LA PALOMA AVENUE FOR THE PURPOSE OF OPERATING AUTOMOBILE TOWING SERVICE IT~e City Manager pointed out that~imffa~7~[i~on .was an age~'~ item~ the July 3rd City Council Meeting, at~i~h~i~lhe ~[~f ~nd"~t~rney were authorized to take ~hatever ~ctioB necessarX~to abate the situation. He indicated the p~oblem..w~s,temp~raKily reso[ved'f~lfowing that meeting; however, as of July 14th, the ~ro~lem wi~'the tow trucks at the residence on La Paloma started again, as witnessed by several neighbors? Afterhea~ing 'mments~f~bm ~eside~ts'in'Tthis'neighborhood, including co Calvin Miller, 20261La Paloma; George Loveland, 20253 La Paloma; and Carter Garland,' 20264 La'Paloma,'Mr~ LKen Cunningham~who.is the owner of the ~]__e'~['it~wi~_>[er~tioh, testified that he had been operating the towing service out of'the La Palo~a location; however, he is now situated at the Chevron Station on Saratog~-Sunnyvale Road in San Jose. .City Attorney Faber Johnston aske~ Mr. Cunningham what kind of arrangement he'had with.the Chevron'Stati6n. ~Mr. Cunningham replied that h~ pays for storage' and they are giving him gas; additionally, he gives them discounts on tows. The City Attorney. inquired ~if Mr. iCunningham was issued a business license by.the City of Saratoga. Mr. Cunningham replied that he had obtained this approximately two weeks ago with ~he'intention of operating out of Barbatti's Texaco in Saratoga. '( In checking ~_fh_~_u~. pa__s! ~b~i~e~ §~ ~i~l~n_~s ~l l~e~e_~_~wa~ ~ no record in the Clerk'~s Office that such a license had been issued.) -When asked if there are any otheriautomobiles on the premises at this time, Mr. Cunninghamreplied that there;is one wrecked .truck in the back yard 'which they have been reluctant to!remove because of the neighborhood complaints. After additional discussion by th~ Cohncil on this matter, it was moved bY Mayor Smith and seconded by Councilman Bridges that action concerning this tow truck operation be delayed fo~la period of five (5) days, and if after this period, there is evidence that the business has not been terminated at 20247 La Paloma,'.the City AttOrney be authorized tO proceed with legal action. ~o~o'~po~t'~d~[~f~"~6n was the authorization for Mr. Cunningham to re~e t~'o~d~ia'~d~V~%~e from this residence. The motion was carried. D. REQUEST BY SEVERAL R~SIDENTS ON M~LLER AVENUE FOR 'FOUR WAY STOP INTERSECTION AT MILLER AND NORTHAMPTON AND TRAFFIC CIRCLES AT BROOKVIEW AND MILLER, SOMERVILLE AND MILLER~,'~O~bN~A~D_~MI__LLm~TAND~NORTm~MPTON A~D MILLER The City Manager explained that d~ring budget discussions this year, par- ticularly as it concerned considerations for additional traffic control, a suggestion had been made with regard to installation of traffic circles at points on Miller Avenue as well as a four-way stop at the intersection of Miller and Northampton. In ~ela[ing past action by'the City for this area, the City Manager indicated that approximately!six months ago,r the Council-had adopted two resolutions which were based on the recommendations of the traffic consultantlconcerning delineation of pavement (MV-53 and MV-58). This was an experimental program to slow down the 7fraffic flow on Miller Avenue. In June of this year the Mayor ~ppointe~ a "bicycle!committ~e"'to study the proposed Demonstration Bicycle Route'Program. He indicated there was some concern by the consultant to'implement a fou~-Way stop at 't~is intersection and outlined his reasons. · - 2 - Request by Miller Avenue Residents (Cont'd.) He indicated the implementation of a~'traffic circle at Titus and Brookview had bee~ recommended by the traffic ~onsultant~ however, the staff has not yet completed the analysis of the traffic circle at this intersection. Be- cause of the opposition~_r~d?~.s_~r~j ~om~w~n~r~ 'in thi~fe~,' [~e~ is ~eluctanceeon the part of .the ~taff in recommendiKg tha~ '~hese tr~Ei~ circles be installed at this .time. z Robert Shook, Director of Public Wor~s, indicated the major problem with running test circles in various locations would be the cost which would be involved. Also the traffic consultan~ had felt it would be inappropriate to install additional circles until the analysis of the Titus traffic circle has been completed. Mr. A. L. Frendberg of 12546 Miller Ave. presented a statement, making four points: 1) the high level of nbise from traffic on Miller; 2) people living beyond two-tenths of a mile either way from the Miller and Northampton intersection would gain'very little ~elief from the speeding; 3) consideration be given totheproblem for the total length of the street, and the use of traffic bumps or dips should not be ruled out; and 4) if the speeding problem is resolved, there would probably'not be a need for bike lanes on Miller Avenue. Speaking in opposition to traffic circles in this area were: Vance Oyama of 19321 Brookview and Mrs. Kaymane Hin~ of 19587 Somerville. Drive. (M~o_'Y"S~_h'fndi~a~ed that the Bicycie ~ommittee is presently looking at this area, and he felt any action for'implement traffic circles o~ a four-way 'stop should be postponed until the Cpmmittee has reported with regard tO lining 'of the.curb area. James Barrett, 12781 Miller Avenue f~lt that putting in bicycle lanes would be like "leading lambs to slaughter"tand felt that' signs should be placed at the key intersections to slow traffic down. Charles Huff, 12725 Miller; Avenue indicated that people will go ou[ of their way to use Miller as a through streeh and agreed that if more stop signs were put in it wohld probably reduce traffic flow. Nancy Malone, a Saratoga resident, indicated she doesn't. think the traffic circle on Titus is doing the job intended as cars=don't really have to slow down to make the circle, and also, i~ seems that the ,streetDislwider when entering the circle from Brookview than it is from Titus. ,Joan Sorc, 12313 Miller, commented that on several occasions she has en- countered cars cutting across the traffic circle on Titus to avoid going around it, and also, that when t~e tr~es ip~the circle were fully grown it would limit the visability. She was of the .feeling that stop.signs ,oulddothe job of slowing traffic 0D Milierj' She also~inq~red.abo~k~ ~h~ possibility of putting ~ne single speed bump On the e~tranc~ to Miller from-.Prospect Avenue. Mayor Smith indicated that the'C6'un~il has received'an opinion from the City Attorney with respect t6 speed bumps, and it seems Appa'rent that a large risk of liability would exist with use of[the speed bump~.. Mr. Hubert Bath, !2~03'Miller, p 'nt~ out o~ d that there presently are only two speed limit signs on Miller between Cox and Prospect and suggested the possi- bility of having more speed limit signs placed along Miller. Norman Mar~tinS,' 12524 Miller Avenue,~indicated he wa~ in agreement with earlier comments pertaining to the traffic circle at Brookview and Titus, and it was his observation that cars traveling under forty miles-per-hour have to slow - 3 - Request by Miller Avenue Residents (Cont~d.) down in order to make the circle. He further commented that the City of Cupertino is considering Valco Park.astheir only major shopping area, and if so, the traffic along Miller is going to increase; therefore~ he felt the Council should take into consideration not only what is happening in our ~ity, but also outside of the city boundaries and what is building.up. Robert'Shook advised that the traffic ~onsultant is of the'opinion that the area referred to as the "school rou~e" from Brookview Drive to Somerville Drive be given special consideration for ~ossible improvements that might provide a solution to the speed problem. Als0, it is the consultant's opinion that a two-way bicycle lane along this area be implemented. After further discussion by the Council and staff, the Council agreed that further consideration of this matter should be delayed until after the Bikeways Committee report ~as heard rthis evening. IV. SUBDIVISIONS, BUILDING SITES AND ZONIN~ REQUESTS A. SDR-911 CHARLES A. BEHNKE,'OAK AND iST. CHARLES STREETS - 1 LOT It was mSved by Councilman Diridon and seconded by Councilman Bridges that Resolution SDR-911-1, granting FinaS Building Site Approval, be adopted. The motion was carried. B. SDR-1058 CHAIKO KIM, SUNSET DRIVE ~ I LOT It was moved by Councilman Diridon ~nd seconded by Councilman Bridges that Resolution SDR-1058-1, granting Final Building Site Approval, be adopted. The motion was carried. .C. SDR-1046 DR. JULIAN P. HENRY, QUITQ ROAD It was moved byeCouncilman Diridon and seconded by Councilman Bridges that Resolution SDR-1046-1 granting Conditional Building Site Approval, be adopted The motion was carried. D.- ROBERT I. DALE, PEACH HILL R6AD - 1 'LOT It was moved by Councilman Diridon ~nd seconded by Councilman Bridges that Resolution SDR-1023-1, granting Final Building Site Approval, be adopted. The motion was carried. E. SDR-i034 JOHN KIRKPATRICK,' PIKE RO~D (Cont'd. from 6/20/73) It was indicated that the basic reqqest in this matter is for reconsideration of conditions which were imposed, by :the Planning Commission at the time site approval was obtaine~r These condit'ions were as fol%~ws: G - widen the road paving to providea .thirte~n-foo~ h~l'f-st~eet;"H ~ install curb and gutter along the'frontage of th~ p~ope~tX; 'and K - requirement of bond and inspection fee to be d~termin~d7Vn ~be=ba~i~o~ithe i~prove~enFs., Mr.-Jack Kirkpatrick indicat~d~th~t 7he was present to represent the owner of this property and tha~they would~like to request recLnsideration of the con- ~iti6n to widen Pike Road since ther~ woul~ not be access from Pike. Following ~dditional discussion by the Council and the staff, Councilman Bridges moved that the matter be referred to the August 7th Committee of the Whole Meeting and re-agendized for action at the next regular meeting.' Councilman Diridon seconded the motibn and it was carried. V. PUBLIC HEARINGS A. C-168 WESTBROOK ANNEXATION, PROSPECT ROAD (Ordinance NS-3-ZC-711 - First Reading) (Cont'd."fr6m'7/3 and 7/18/73) The public hearing was resumed at 9:55 P.M. Mayor Smith explained that it is the recommendation of the Planning Staff with the concurrence of the Planning Commission to rezone this:area from its present "R-i-40,000" (Single Family Residential) zoning to "R-l~lO,q00" for the western portion, and "R-l-15,000" for the eastern portion, as illustrated on Plan "C",enclosed with fhe'~file. There being no addftional discussion on this matter, it was moved by Councilman Dwyer and seconded by Councilman Kraus that the public hearing be closed. The motion was carried; the public hearing was closed at 9:57 P.M. It was moved by Councilman Dwyer and seconded by Councilman Kraus that · d Ordinance NS-3-ZC~71, amending the izoning map an changin~ the ~oning from "R-1-40,O00" to "R-I-i,O00" (western portion) and "R-l-15,000" (eastern portion) in the Westbrook area, Ob~ introduced. The motion carried. B. C-169 OSTERLUND ENTERpRISES,~FRUITVALE AVENUE AND ALLENDALE AVENUE Mayor Smith explained that this is ~a proposaI for change of zoning from "R-1-40,O00" (Single-Family Residential) to "R-I-20,000" (Singie-Family Residential) for the southern 2.06-acre portion of a 4.35-acre parcel on the corner of Allendale and ~ruitv~le Avenues. The Mayor further explained that the developer is proposing eight (8) 2~---acre lots and the main concern here is whether 'the property could Iretain its natural environment when developed and if the homes in this prbp6sed subdivision would be-compatible with this location. A discussion followed concerning the location of these homes in relation to the large existing trees on this property. Also discussed was the issue oB twosstory homes on these 1]ots, particularly lots 6, 7 and 8. The public hearing was opened at ld:lO P.M. Planning Commissioner Norman Marti~ i~dicated that he recalls when this application was before the Planning Commission, it was agreed upon by the developer that there would be not more than 50% two-story homes in this sub- division, and it was his recollection that there were three specific lots on which two-story homes would not beibuilt. > Mr._ Federm~n of 19351Atho~ Pi!ac~ indicat~h he w~s speaking for his neighbors as well as hi~se. lfO and that they fe. el. tbe quali~y of this neighborhood ~uld be lessened with this ch~n~e 0~.zo~ng~nd the building of two-stor~ homes would further deteriorate ~he area.' Mr, John Vance, i9363 Atho~ ~l~ce~,-%i~d'ica~ed that One.of the reasons his family came to Saratoga was for th~L feeling'of open space, and now they find themselves in another zoning variance situation. He felt this change of zoning would be going against the open space concept the City is striving toward. It was then moved by Councilman Dwyer and seconded by Councilman Bridges that the public hearing be continued to the next regular meeting. The motion. was carried. VI. ADMINISTRATIVE MATTERS A. MAYOR The MayOr-indicated that!correspond'ence has been received from various residents with ~e'gard to the operat!ion of Lyngso Garden Materials and briefly summarized someof the problems which exist, such as use of large !-5- Lyngs'o Garden Materials, Inc. (Cont'd.~) trucks, dust, gravel o~ the street causing slippage, noise, etc. He , Cit ' asked the City Manager to summariz~ the y s legal position at this point. The City Manager explained that ~the~e are three alternatives in this situation: 1) take no action; 2) negotiate the problem to an amicable settlement; and 3) terminate the use~on~he basis Of a non-conformi_~n~. use,~_.___~in ao ~_-~ zon~ ~ecogni~ng the m ~ation ~i~'~Br'[h~t '~hLconforml~g. u~ has The C~t~ Att6rney explained that basical.ly, there is a non-conforming use of the property and that~there are[two are~ ~[gpproach: 1) ~en there is a non-confOrming use ,{d~r~[~Z_~ing'6rdihaneej 't~}e .~re limitations on any expansion, either physicalIX or by volume or degree or kinQ, and if an alternate approach could not ~e%worked out in this situation, one approach would be to cut back on the use. ~other approach would be amortization proceedings, whereby a certain use that becomes non-conforming can only exist for a certain period of time~ He indicated that Saratoga's rule is that uses which do nor occupy a structure are to be discontinued within three (3) years, and uses that dj Occupy a structure and the structure is worth less that.S5,000 are to be discontinued after a period of three years. However, if they occ~y a more exp~dsive structure, there are certain amorti- zation periods relating. to the lifd of the building. In this particular case, he indicated it would. be the~City's opinion that this use is primarily one not occgpying a structure at a~l, and therefore has already run its life. He stated it is Mr. Lyngso'S position that the use does occupy a structure, 'and therefore they should have a long-term amortization period. Mr. Johnston stated that if he were. to make a r~commendation, it would be to allow the use to C'ontinue .on a conditional basis, and he felt the City would probably in a better position to control the situation on this basis than it is now. -Mr. Fred'Tater, speaking on behalf'of Saratoga Manor Homeowners, presented a questionnaire containing~quSstionswhich had been asked of the home- owners. Mr. Tate.r indidated that Based on the attitudes of the homeowners and also the strong legal question~ involved, they would urge the Council to take action this evening to remove this facility from the neighborhood'. Mr. John Lyngso, owner of the garden materials operation, stated that he would like'to request that any action on 'this matter be delayed until his attorney can be present to answer ~ny questions pertaining to this matter. Mayor Smith felt the Council should consider two alternatives for resolving this problem: 1) direct the City Attorney to move on the non-conforming use; or 2) consider a mid-point,2 such a~ a Statement of Intention, whereby the City Attorney would be authorized to Work out a "phase-out" period as with the Cox Garage. After considerable ~iscussion of this matte~, the Council agreed to schedule this item for an informational public hearing at the next regular meeting. B. FIN~CE 1. Payment of Claims - I~. was moved by Councilman. D~er and seconded by Counci'lman Bridges that the disbursements (17605 through 17686) be approved and the=Mayo~ be authorized .to sign the warrants. The motion C. COUNCIL ~ ~O~ISSION REPORTS ~ 1. Status Report by Chairman of the Citizens Review-Committee_for the 'D~monstrati~'~icycle Route SyStem. Mr. Norm Matteoni-, Chairman of~the Demonstration Bicycle Route Committee, outlined what the Committee haj been doing over the past few months. - 6 - Status Report Re:Demonstration Bicycle ~oute System (Cont'd.) Mr. Matteoni indica[ed that th~ study has thus far been devoted to the major streets, and they 'have'reached tentative conclusions on all parts of these major stre&ts. He further indicated that essentially, it seems that the committee favors bike paths over bike lanes; also, they are in favor of the use qf certain s~fety .features in some areas, such as rails or barriers. Mr. Mat~eon{ was hop~f~l~t~at the Committee would 'come to some finali- 'zation of the ~aj6r streets during the next two weeks and also have a recommendation on the two-bloC~ section between Melinda Circle and Somerville ~Court~ On Miller. Avenue. He indicated he would like to pull a comprehensive '~e~rt of~t~e Com~ittee's recommendations together and present to the Council in September, or October 1st at the latest. Mayor .Smith asked if the Committee could have a reqommendation with regard to the two-block sectio~ on Miller to present at the n&xt regular meeting so the trafficSproblem on this strip could be resolved before school is resumed in the fall. This was acceptable with Mr.. Matteon{. It was further suggested that 6he'action on the four-way stgp and traffic. circles on'Miller (Item III- D) be delayed to an adjourned meeting on Tuesday, August 7th~ 2. Knox Bill - It was moved by COuncilman Diridon and seconded by Councilman Bridge~ that the City forward a letter to the State Legis- lature endorsing the bill. The motion was approved, 4 - 1 in favor. D. DEPARTMENT HEADS AND OFFICERS 1. Planning Director'-. Report Re: Barco Property Easement Mr. Watk~r, Director of ~lanning, indicated the Planning Department was asked to review'the request by the Horselover's Association to relocate the existing trail on the Latter Day Saints property to the easement on the south sideiof the creek which is the property of Colonel Barco. Th&~Hbrset6verL~s Association as well as the Planning Staff feel that this location for the trail would be better than that which exists. Mr. Walker gave three alternatives which could-be considered: 1)' imple- .ment the trail on the Barco pasement; 2) continue the trail on the existing easement, making some costly. modifications; and 3) run the trail along the north edge of the creek. ColOnel Barco is ~pposed to grant. ing of the easement on his property for this purpose and felt there were many problems involved with such a trail. It was moved by.C6uncilman~Bridges and seconded by Councilman Diridon that this matter be referred tO the Parks and' Recreation Commission for public hearing. The mbtion wa~ carried. 2. Public Works Director - Highwa~ 9 Walkway Mr. Shook advised that he had met with a representative of~Our Lady of Fatima with regard to g~ant~ng of an easement across this frontage on Highway 9, and the representative is expected.to report back to him after discussing with the Boar~. Mr. Shook indicated he would have a report with regard to the staths of this walkway at the next regular City Council Meeting. E. CITY MANAGER 1. Claims Filed Against the City - Street Improvements on Quito Road It was moved by Councilman Dwyer and seconded by Councilman Bridges that these claims be rejected on the basis they did not occur on City property and referred to the'City's insurance carrier for appropriate handling. The motion was carried. 2. McWilli~ms House Q~_~ It was moved by Councilman Dwyer and seconded by Mayor Smith that the Council accept the Declaration of Gift from Vendla and Hugh Purcell. The motion was carried. It was moved by Councilman Diridon and seconded by Councilman Bridges that the library site location for the McWilliams House be approved, upon the condition that the cost does not exceed that which was originally anticipated. The motion was carried. 3. Fruitvale Avenue Traffic Signal at Saratoga-Los Gatos Road City Manager announced th~t~he has received an indication that.the cost would be somewhat.higher than tha~ ~or.i~inally estimated. "- VII. COMMUNICATIONS A. WRITTEN 1. Let6er from SOLVE with copy of ~a petition containing 2,732 signatures urging the Council to a) oppose the West Valley Freeway; and 2) take steps to delete this highway f~om the State Highway Master Plan. - Noted and filed. 2. Donald J. Sifferman,.'12400 Greenmeadow Lane, Re: City Zoning Ordinance as it relates "to operation of Eyngso Garden Materials. - Noted and filed. 3. Saratoga Parade Committee Re: 8th Annual Saratoga Festival. - Approved <~rad~'~'~djsend'in~f'l~t~r'of request to appropriate s6ate agencies. 4. Mrs. Terrance Kei~y, 19354 Brookview Drive,. Re: Installation of traffic circles-onMiller Avenue - City~ Manager to respond and advise that no action taken to date. 5.' Mrs. KayMane L. Hing,- 19587 Somerville Drive, Re: Traffic circles on Miller Avenue - City Manager to. respond. 6. Nancy Malone? 19599 No~t~_h'~mp.Y_6~Drive, Re: Traffic circles on Miller Avenue - City Manager to respond. .7. Dawnell Vuko, 20092 Chateau DriVe, Re: Problem of-automobile emissions and litter. - City Manager torespond. 8. John Lyngso, Lyngso Garden Materials, Inc., P.O. Box 667, Belmont, requesting no a~tion be taken at this meeting. = City Manager to advise fhat this matter was continued to next regular meeting for an infSrmational publi6 hearing. Written Communications (Cont 'd. ) 9.' Copy o~ letter from Mr. Lyngso to Frederick Tater requesting that Mr. Tater serve as chairman at ia joint meeting between himself and interested homeowners in an attempt to work out a solution to problems on Manor Drive. - Noted and filed. · B. ORAL VIII. ADJOURNMENT It was moved by Councilman Diridon and 'seconded by Councilman Bridges that the meeting be adjourned to an Adjourned Regular Meeting~'~l~e~'d.ay, August 7, 1973.. The motion was carried'. The meetin~.~a~d]gu~n~d at 12:25 A.M. s~c sub~ait'f-e~ ' ...... C~ty Clerk