Loading...
HomeMy WebLinkAbout08-15-1973 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, August 15, 19730 7:30 P.M. PLACE: Saratoga City Council Chambers', 13777.;Fruitvale Ave., Saratoga, Californxa TYPE: Regular Meeting I. ORGANIZATION A. ROLL CALL Present: Councilmen Bridges, Dirido~, Dwye~, Kraus and Smith Absent: None B- Minutes of 'August 1, 1973 - Correction: ITEM VI-C, No. 2, Re: Knok Bill. Motion should r~flect 3 - 2 vote in favor of endorsing the bill. ' · It was moved by Councilman Bridges an~ seconded by Councilman Diridon that the minutes of July 24, 1973 and August 7, 1973 be approved as written, and the minutes of August 1, 1973, be approved as amended. The motion was carried. II. BIDS AND qONTRACTS A. A.C. OVERLAY CONTRAC~ - LEO F. PIAZZi PAVING CO. It was moved by Councilman Dwyer and, seconded by Councilman Kraus that the work under this contract be accepted' and the Notice of Completion filed. The motion'was carried. B." MANAGING GARDENER AGREEMENT- COMMUNITY GARDEN The City M~nager indicateh there had been two letters received supporting the continuation of the Community Garden, f~M~r~'S_teinberg, Principal, Saratoga Schoo~ and frgm Mr. and Mrs. Donald Norling. Following a slide presentation-by Mrs. Betty Peck and Nell Hoffmann, representing the Garden, it was moved by Councilmah Diridon'and' seconded by Councilman Dwyer. that the Managing Gardener Agreement be abproved for a one-year period and the Mayor be~authorized to execute the cbntract. The motion was carried. C. COMMUNITY GARDEN GROUND, LEASE AGREEMENT It was moved-by Councilman Diridon:and §econded by Councilman Dwyer that the GrOund Leas~,~gr~e~e~t fo~ .the~6~m~nity Gard~h be approved for one year and the MayOr be authorized to execut~ the contract. The motion was carried. III. PETITIONS, ORDINANCES AND, FORMAL'. RESOLUTIONS ' i ; . ..~ . A. REQUEST BY SEVERAL RESIDENTS ON MILLER AVENUE FOR FOUR-WAY STOP INTERSECTION AT MILLER AND NORTHAMPTON AND TRAFFIC CIRCLES AT BROOKVIEW AND MILLER, SOMERVILLE AND MILLER, BROCKTON AND ~ILLER, AND NORTHAMPTON AND MILLER ~"~'~y Man~'~d{ca'i~e~'E~t [~e above two items are related, and the previous TueSday at a City Council Committee'of.the Whole Meeting, there was a presentation by the Citiz'ens Review Committee for the Demonstration Bicycle Route System' on. the alternatives for'the two-block area between Somerville a~d Melinda Circle. The Council had requested at that time that the traffic consultant, who had m~de an originall.recommendation for this two-block section on Miller, review the recommendations of the Committee and comment for tonight's meeting. The City Manager then reviewed the three alternatives for this section, ~' ~(Cont~d.) - Stop Intersection at Mil~er and NorthamptOn basically as follows: !) The traffi~ consultant's original proposal, in which he recommended a two-way bicycle lane, eleven feet in width; a double yellow 'center line; a berm 'separating this ~leven-foot travelled way;'and that a shoulder device be installed at Somerville to force' the traffic around at that point. He further proposed "No Parking" on either side of the street in that section.. 2) The Citizens Committee recommended that there be a two-way stop at Melinda Circle (east); a thr~e-wa~ stop at Somerville and Miller; ~iashing beacons at either end to warn motorists of the stop signs; an eight-foot-wide · shoUlder stripe. on either'side of the pavement for the two-block length; and unlimited parking.on'both sides of the street in this two-block section. 3) The trafficconsul'tant's latest r~commendation is for two-way eieven-foot- wide bicycle lanes for this two-block area; a four-way stop at Miller, Melinda Circre (west), and Mable Court; elimination on both side~ of M~ller for this two-block distance; and yield signs at Candy Court and Candy Lane. Mr. Charles Huff, representing Prides Crossing Homeowners Association, commented that'he was'o_p~osed to the~Committee's proposal for a two-way at Melinda Circle and ~he co~n~l~s recorf~nendation for a two-way bicycle lane, but~i~ , supported a thre~Zway' sto~ ~ .He furthe~ ~tated that a ~ou~-wa~ s~op ~t Miller, ~ki~g'for this two-block area, and~ felt that a four-~ay stop at Miller, Melinda Circle and Mable Court would' be unnecessarX. ~dieio'nally,' it was his feeling a f~ur-way stop should b~ implemented at Candy ahd. Miller, instead of the consultant's formerly prop6se~ two-way stop at this intersection. ,. Daniel Popy!isen, Vice President Pri~es Crossing Homeo~ers ~sociation, commented that it had been indicated~ at a meeting .with the homeowners~[h~_i~=~'r would be in favor of the.proposal which implemented stops at both ends of the twg-block section~,'i~ather than the ~hird proposal' which allo~d cars to pro- ce~d through the' critical a~e~s be'fore c~ming to astop. Mrs. Terrance Kelly, ~me~b~r~of the~Citiz~ns~ Review Committee, pointed out that there are two crosswalks on Miller -- the main crossing on Melinda Circle and.Mable Court, and the ~outber~y,c~osswalk. She further commented that several children .~se this 'se&0nd 6roSsw~l~, and sin~e there is~~ s~ee~B~l~)t · ~i~i'~r~s~afk,~there' h~V~ Seeh ~umerous-oc~as~s when child~i~"~, ~t She felt that the, traffic consultant~'s recommend~tion does nothing'For ~his problem. Mrs. Kelly indicated she w~s in favor of the four-way sdop at Northa~pto~ and Miller;' however, sheddidn't feel the stop sign at Somerville would behelpful in slowing traffic on Miller Avenue. Mr. Hing of SOmerville Drive indicated that the-corner at Somerville and Miller is deceptive, and also' that the traffic across Candy Lane and Candy Court is almost t'o the point of bein~ out of control. He, therefore, felt something must be done, particularl~ in these two areas immediately.. Mr. Marvin Steinberg of Brookview Drive, indicated he would like to speak against the idea of any more traffic circles and felt two-way stops and four- way stops would be far more effective in controlling traffic. Mr. Richard Wells, member of the Board of Directors, Prides Crossing Home- owners Association, indicated he is very strongly in favor of a four-way sto~ .... at Northampton and Miller, and also, a four-way stop at Candy Lane, Candy Court, and Miller. The public hearing was closed. There was some discussion of this matter by the Council, and Councilman Bridges indicated he felt stop signs placed on long, wide streets do not reduce the average vehicle speed and that he felt a two-way stop at Northampton and Miller would adequately reduce the risk of accidents at this intersection. Following additional discussion of the proposed stop intersection at Miller and Northampton by the CoUncil and ~he staff, it was moved by Councilman Diridon and seconded by CoUncilman ~aus that Resolution MV-70, establishing ~ four-way stop. at this interseCtionZ, be adopted. The motion was carried, 4 - 1 in favor. (Cont'd.) - Miller Avenue Signs, Melinda Circle & Somerville After ~urther discussing the issue cToncerning the control devices between Melinda Circle and' SomerVille Drive,! ~t was moved ~by Councilman Diridon and se~conded by C'odnCitman B~idgesj~that~ReS'olution Nb. MV-71 be adopted. This would 9ssehtially be the Citizens Review Committee's plan, with the addition of yield signs on.Cand~jLane and.!Can'dy Court. and on,Melinda Court and Melinda Circle, and the/~dditi0n. of"'No. Rarking".on ei~er Side of Somervirle and Melinda (east). It wa~ further~&oved that this' ent{re plan be reviewed in One year, and also, that the installation of stop signs be delayed periodically so that traffic surveys couid be taken at these intersections;.h6wever, the signs be installed prior to the.commencement of school. The motion was carried. · ~ C. RESOLUTION 670 - ResOlution Fixing t~he Amount of Revenue from Property Taxes Necessary for the ~upport of the Departments of the City, of Saratoga for the' Current Year and to Pay and Bonded or Other Indebtedness ~of the City, and Fixing the Amount of Revenue Sufficient to Pay the Estimated Costs for'Said Fiscal Year for SC~ District 1, Azule Lighting District, Quito Lighting District, Fredericksburg Drive Park Maintenance Park Maintenance D~strict It was moved by Councilman Kraus an~ seconded by Councilman Bridges that Resolution No. 670 be adopted. The motion was carried. D. RESOLUTION 32-P - Resolution Fixing Tax Rates for Fiscal Year It was moved by Councilman Dwyer and seconded by Councilman Bridges that Resolution No. 32-P be adopted. Th~ motion was carried. E. RESOLUTION 451-E - Resolution of t~e City of Saratog~ Apprnving Budget for the Village Parking Maintenance District No. 1 and Fixing -Tax Rate for the Fiscal Year 1973-74 It was moved by Councilman Kraus and-seconded by ~ouncilman Dwyer that Resolution No. 451-E be adopted.' The motion was carried. F. RESOLUTION NO. 672 OLIVER.BUEHNER,~ALLENDALE AVE. It was moved by ~6uncilman Dwye~ and seconded by Councilman Kraus that Resolution No. 672, Accepting Dedication of Right-of-Way, be adopted. The motion was c~rried. G. RESOLUTION NO.. 673 CAROLYN BUEHNER, ALLENDALE AVE. It was moved by Councilman D~er an~ seconded by Councilman Kraus that Resolution No. 673, Accepting DedicatiOn of Right-of-Way, be adopted. The H. RESOLUTION MV-69 Resolution Establishing Stop Intersection at Wardell Road and C~rniel Avenue The City Mapager indicated the staff had been requested .to look at this intersection after previous discussions od Via Roncole, Arroyo de Arguello and Wardell, and b~sed on surveys of the area and various criteria received, it is the staff's recommendation that a two-way stop be installed at this intersection. There was some opposition·expressedjby members in the audience toward this two-way stop proposal, and it was felt this would intensify the speeding problem on Wardell. C~uncilm~n Bridges commented that this intersection has been getting two or three times'its normal use over.theZpast few months. He further indicated (Cont'd.) - Resolution MV-69 that~when a mot6rist proceeds in a southerly direction at this corner, he moves f~om a small rise down' into a ditch and this hill dropsldown quite sharply.into the road bed at Carniel. It was his feeling that if the. City is going to put astoR sign at this location, it should be made safer to proceed after making this stop, and therefore felt a four-way stop should be carried out. · It was Councilman Dwyer's feeling, h~wever, that if the warrants are not being.met at this interseqtion, thislwould be a good indication that a four-way stop would not be needed. Following .additional discussion, it was'moved by Councilman Bridges and seconded by Councilman Diridon that Resolution No. MV-69 be adopted, with the revision tha~ a four-way stop be implemented at this intersection. The motion was carried, 3 - 2 in favor. I. ORDINANCE NS-3-ZC-71 WESTBROOK ANNEXATION (C-168) (Second Reading) - Ordinance Amending the Zonin~ Map and ChaBging the Zoning from "R-I-40,000" "R-i-iO,000 (western portion) and "R-l-15,000" (eastern portion) It Was moved bY CoUncilma~ Bridges' and SecOnded by Councilman Diridon that Ordinance NS-3-ZC-71 be adopted. 'The motion was carried. Iv. SUBDIVISIONS, BUILDING Sl S. A. TRACT 3974 PROSPECT HILL MUTUAL WATER CO. The City Manager explained that,~h~gh~a~ ~rsi[e at~~C~unci~l~.~ ¢h~d"Fd6[~[~' It~-~'d~ica[~gn a~~ r&i~s~ ~ t~ improvement b~h~re w~!~ an additional bond which was notreleased at that time. - It was moved by Counciiman Dwyer and ~seconded by Councilman Kraus that Bond No. 98-20-37, insuring the construction of the'Prospect Hill Mutual Water Company facilities in this trac~t, be released. The motion was carried. B. SDR-1034 JOHN KIRKPATRICK, PIKE ROAD (Cont'd.) The City Manager explained that at th;e last regular meeting, the Council did have a question concerning the impactI of the prop~osed '{m~~ Mayor Smith commented that the~issue here essentially is the improvementl,~ along the frontage on Pike Road, and Mr. Kirkpatrick's argument is that his ingress and egress is from Pierce Road. Mr. Jack Kirkpatrick, representing the owner of this property, stated that a 340-foot improvement to widen Pike Ro'ad would put it twelve to fourteen feet above the grade level, making the lot unsaieab[&. The City Manager indicated that ~i~{~C~j~i~i~s~ ~ become a public street at some ~o[nt .in ti~eand th~re~[e a~m'be~'~f lots further up this street that will probably be r&quired to make these half-street improvements, along with those that have already had the requirement~%T~'~/ Cityis going to end up picking up the improvement if it is not required at the time the property is 'developed. After lookingat 'some alternatives toresolving this matter, it wars felt this should be continued to the next Feguiar meeting and the staff be be directed to obtain information on [he cost of paving, the approximate (Cont'd.) - John Kirkpatrick~ Pike ~R0ad amount of property would be left ~fter street improvements, and'what ~l~erna- tive~'.the Council might Consider whiqh would.still allow development and not cost the City to a'ny grea~ extent. This continuation was agreeable'with Mr. Kirkpatrick. V. PUBLIC HEARINGS A. LYNGSO GARDEN MATERIALS, INC~ (Informational Hearing) Mayor. Smith explained that there hav~ been a number of prior meetings prior to this hearing pertaining to this matter. He then asked for comments from the audience. Mr. Frederick Tater, representing Saratoga Manor Homeowners Association, indicated he has prepared. a brief,summary of their position in this matter. Mr. Tater presented three.exhibits which he felt would be helpful in §um~aE~zing ' thiS~.'si~ation.. He presented a dust pan which had been placed in front of the Ars~na~i~ .r~'si~'e~e~+~ commented that in j~oking.~ the accumulation of dust on this pan ~t~~J~i'i~Vh~rT"is'l~'~il~l.~j~Eg~ amount of dust in this area, even after the large'a~'u~'~f sprinkling.j Mr. Tater continued to the second point, that being noise. He-indicated the Homeowner's Association had engaged a firm, Eh~i~onmental Systems Laboratories, which has performed environmental studies for numerons other cities.and has conducted a noise measurement study of the LyngSooperation. Mr. Seidman of Environmehtal Systems Laboratories, indica~d_'~Lhe has been running these noise measurement tests'between the hours of 10:00 A.M. and 2:00 P.M.. in an effort to measure the~ amount~f"~'c~iFi~y_Ti~h~is~i. He indicated the ambient l~vels average between 45 and 50 dba. He proceeded to summ.arize the noise readings for various activities, and indicated~D~=.~ according to-the City's Noise OrdinanCe, some of these noise areas~w~er"~Being violated. Mr. Seidman pointed out that these tests were taken on the T~ter's~ side of the fence. Mr. Tater then presented some photographs taken yesterday and today which show trucks leaving and entering the operation and some of the safety prob- lems previo sly discussed. '~"p'~o~gr~s~h~d ~a~tr'~c~'c~8~'~'i~"~berm; another sho~ed a large truck wf~i'f~ a~y'~i'~¥'str~a~Ie'd'~cros~ ~anor~r~i~. Mr. Tater felt that i~ light of the p[oblems associated with the Lyngso operation, it was his feeling and thai of the homeowners on Manor Drive, that the business be moved to another location. Mr. Tater indicated he felt Mr. Lyngso would go along with this "phasing out" out of the facility, and this had been so indicated in ~.~Gardella~'S (Mr..~ngs0's attorney) last corres- pohdence to the City. Mr. Tater fur~her~m~jthat in a past discussion with Mr.'Ly~gso, it had bee~ indicate~ that It w~uld be more mrofitable for Mr. Lyngso to delay action' of this so~t for as long ~iB~[.~ 'M~Ta~er then presented a slide, s~owing the s&quence of events '~d't~e same after presentation to the Council, dating from April 24, 1973, and he felt confident thai t~is evidenced: a plan toTdelay any action by Mr. Lyngso. ~other point Mr. TTater felt was very~important was that if and when it is determined this facilit~ ~h'oh~ be phased out, that the property revert back to R-1 Residential zoning so the property conforms to the-General Plan. Mr. Charles Huff, l'2725.Miller~Avenue~ commented ~hat. hel. pu~ch~ed' 'some ~ock from Lyngso' sometime ago a~d at that tim~ h~ ~hjd ~Jti~ion on the desk in the office <f~iW~Z&~H[~U~ce 70f 't~e business, ~nd Mr. Huff felt the wording of this petition was misleading, and therefore, should be considered invalid. - 5 - (COnt'd.) Lyngso Garden Materials, In~. Me'rrilf Higham, C.P.~., representing Mr. Lyngso, indicated that these people are not trying to sneak something past the Council or the homeowners, but rather, they are considering the~human aspect of this situation in that indi- viduals are being asked to terminate their jobs. Mr.'=~Higham stated that Mr. Lyngso's attorney is unable to be~bere:-to present the legal arguments; however, he would like to present thai portion of the testimony of which they were capable. Mr. Lyngso then presehted some home movies which had been filmed on the premisis recently, demonstratihg the various trucking equip- ho f s ment at work, and also s wing the ef ectlveness of_t~e~du t-control measures which have been taken. ' ~'~"' With r~gard to the traffic safety iss!Ue, Mr~ Lyngso.commented that he is willing to clos& off hisingress and ~gress from Manor Drive if he can obtain some other access from the State. Mr. Lyngso stated that a good percentage of his business is not conducted using these large tr.ucks, but rather, home- owners~ill~load these~materi~ls=int6~_theirown vehicles.~i Mr. Higham stated he felt Mr. Lyngso ]was really bending more than backwards to resolve the dust problem, and further, the dust tray which was presented this evening had also been placed c~se to Highway 85, which would account for much of that accumulation. Mr. Higham then presented some figures outlining. some of the recent operational costs to illustrate to the Council tMe great amount of effort ~h~.~.s 'b~en_put forth tO cooperate with the h0meowne~l~o ~in~'~~ ~=~7~R~'~e had been very minimal' increase in sales ~is y~ ~va~ the pasi~s .'~ With ~'~gard to the complaints concerning Tillo, Mr. Higham advised that this has been permanently discontinued. In conclusion, Mr. Higham stated that, contrary t~ Mr. Huff's comments With regard to the petition, he ~a~ Fher~ a~e'~xi'~ · ate~lR0csignatures,. a.nd most 0f ~ose people have~ie~u~der~t~a{ng'of' the situation at hand, Mr. H~gham. indicated he had re~d th~ City Attorney's opinion that this is a non-c~nforming use~ but.feels this would qualify ~or the 35-50 year-~amOrt~i.- zation period. He stated his own personal recommendation would be to allow~ . L~gso six years in which to pay for the business i~FfFre~'Fi~ to'termi- · g, g , ~' as seen~a~i~ro~e- ~ars ago and *Wondered if~'tho~e ho~egwne~s ~n t~is 'area were also aware of it. He stated that this business was at this location first, and it was unfair to a~k them to leaVeL ~!t Was also~h~.~eeling.~i~ business is contributing to th~ beauty of Saratoga ~in prov~dlng landscape improvements~ and therefore, felt it should be allowed to continua. Rosemary Wooly, a Sarat6ga resident, indicated she felt Mr. Lyngso was an ] asset to the community, and she didn't feel there was basis for these home2 owners' objections. Mrs. Frederick Tater of Manor DriVe ~tated that the homeowners had been in- formed before purchasing their homes~in this area that this was a non-conforming Use and would, therefore, revert to R, 1 zoning in three years.. She indicated that most of thes~ property owners p~rchased their'homes in 1968 and expected this company to be out in 1971. Mayor Smith explained that it has essentially been established-that this is a nod.conforming use in a C-V zone; however, the issue boils down to the amOrtfzat~n~period, and it was his feeling M~.' Lyngso's attorney should be given the opportunity to voice his comments with regard to this issue. In addition, he felt there were certain questions the staff should investigate,~ for instance~ whether or not there were b~ilding permits issued for structures on this property. - 6 - (Cont'd.) Lyngso Garde~ Materials, I~c. Following ~a brief discussion between~ the Council and Mr. Tater, it was moved by Councilman Bridges and seconded by Councilman Dwyer that this matter 'be continued to the next regular City council Meeting. The motion was carried. C-169 OSTEREUND ENTERPRISES~ FRUITVALE AND ALLENDALE AVE.' (Cont'd. from 8~1/73) The Mayor explained that th'is is a r~quest for change of Zoning from Ril-40~000 to R-i-20,000 for the southernportion of the 4.357acre proposed development on Allendale and Fruitvale Avenues. He the~,op~n~d!.the public hearing at 11:10 P.M. and asked for comments f~0m the audience. Mrs. John Vance, ~936~'.At~os Pl.ace, ~ommented that she had the understanding that once a-zoningv~riance!Such as thi~ is approved there is no control by the City thereafter. ~ Mr. StanleyWalker,~Di~e~or o~ P!an~ing, ~dvis~d MrS. Vance and the Council that the Planning Commiasion ha~'app~oved the' tentative map with the restriction that development of not more than fo~r It?oo-~o~yy~gm~s'o~[~' eh~ight lots would beLLpermitted. : Mayor Smith inquired what the status of the pending ordinance relating to two- story homes is~_and wh~ ~he progress is to date. Mr. Walker replied that this is scheduled ~e~o~,.Pl~ih~bFm~rs'sTon 'fSf~brii~ihe~fi~e~'fi~e?~eting . Mayor Smith asked Mr.'Walker if the C.ouncil approved the change of zoning this evening, could Mrs~ Vance~br back to 'the Planning Commission with regard to the one-story/two-story question. MrS. Walker replied that she could only if she wanted to appeal tothe Planning Commissiop on the tentative map. Mrs. Vance indicated she had. attended! the Planning CommiSsion Meetings when this issue Was brought up and had mad~ her arguments against two-story homes in this development at thae time. Sh~ indicated when she originally 'went.to the Plan~ing Commission on this, they' seemed quite vague on the two-story · issue and advised her'they were just honsidering th~ re-zoning at that time. Mr.'Richard Cecchi of MacKay and Somp~ Civil Engineering Firm, stated that at the time the Planning Commission reviewed this re-zoning and the tentative map, Mrs. Vance had discussed the sUbjectof. two-story homes in this development, and as a result of the'discussion th§~ evening, Osterlund ,Enterprises had con- sented to a 50/50 split for the eight~lots. Additionally, the Planning Commission had indicated that they wanted to put a tWo-story restriction on this development. Mr. CecChi felt that Mrs. Vance could be assured that the developer did not intend to pad any of these lots, and also, that they have retained all but a few trees in this proposed development. The City Attorney staled that since Design Review has not taken place for this developmeht as yet and Desi'gn Review approval must be obtained before the final map can be approved..-~?~k=~j~ apparent that the only issue before the Council at this time w~uld be that of~re-zoning, and. the two-story question would have to be directed back to the. Planning Commission. It was moved by Coun'cilman Dwyer and seconded by Mr. Kraus that the public hearing be closed. The motion was carried; the public hearing was closed at 11:30 P~M. It was moved by Councilman Dw~er and seconded by Councilman Kraus that.the change of zoning for the 2.06-acre portion of this development be approved and Ordinance NS-3-ZC-72 be introduced. The motion was carried. ~ C. RESOLUTION NO. 67~ SANITARY SEWERAGE PROJECT 1973-2 Mayor Smith explained that this ~?n~Hfo~_nna~t~on~r.~u~li~ legal powe~ this council has is to ~'~ro~eI the~r~gY~[i~n'~h '~llgw~ the District to proceed in opening the s~reets for this project. Mr. Nick Nichols, representing Sanitation District No. 4, gave a complete description of the area which would ~e involved in the construction of this project. He indicated the total cos~ of this project would run approximately $58,000 and would affect approximately fourteen propertypifieD He indicated · i~ would serve approximately seventeen sites, costing about~$3,200 per building site. Mr. Nichols advised that the the Sani]tation District has tentatively set a hearing date of September 22, at which time any property owners may present questions or voice any protest on thi's project. MayOr Smith inquired of Mr. Niqhols. approximately how long he would anticipate· until completion of the construction. Mr. Nichols replied that a contractor couldn't be expected totake more thaln seventy-five feet per day, amounting to approximately t~enty ~orking days.' He indicated that he didn't see how traffic could be.m~inCaih~d on NOrton Road dur·ing~this period and the property owners probably couldn't.use this roa~ between 8:30 A.M. and·4:30 P.M. The point was r~ised with"re'g~rd ¥o ~emerg~ncy vehicles and if they would be able to get through during the day. Mr. Nichols indicated this would be taken into,account!and emergehcy~ehicles would have access through the road during the constructfon period-., Mr. Henry Barker, 15530 Norton Road, ~oiced his objections to closing off Norton Road during these daytime hour~ and indicated he was physically unable towalk from this point. Mr. Barker further commented with the Bohlman Road Study'and felt development iH this area should be investigated. One citizen made the inquiry, "What s~ecifically started this action?" Mr. Nichols replied. that Mr. Constantine of this area contacted the Sanitation~ District with regard to failure i~ the present system and this call was followed up with an informatio.al survey. However, at this time, there was a reported 51% opposition to the project, and therefore, it was dropped. There was a second reqdest, and-the large percentage of opposition was not expressed, and therefore, the District began proceedings for the informational hearing. The question was asked, "What failures were reported?" Mayor Smith advised this information would be available a~ the Sanitatign District's Board Meeting in September. Mr. Wendell Hammon, 20200Hill Ave., ~equested the Council approve a·delay in taking action onthis matte~ this evening to further consider the merits of such a project. Mayor Smith stated that What could happen is the District~could go ahead and hold the public hearing on the 22nd and their approval would be subject to permission granted by the City of Saratoga. Additionally, the merits would be heard on this ~ate. He questioned whether the City's delaying of action would have any affect on the merits,. however. The City Attorney asked Mr. Nichols t~e average size of the seventeen sites included under·this project. Mr. Nichols replied that about ten of the lots would range from an acre to an acre and one-half. On the Sisters of Mary and on the Hanks property he indicated it looks like tw8 acres. (Cont'd.) - Sanitary Sewerage Projec~ 1973-2 The City Attorney then asked Mr. Nich'ols if the Sanitation District has taken into account the City's slope density: regulations. Mr. Nichols indicated they have run a slope density analysis; holwever, where there is only one site per acres, this would increase the assessment. Mayor Smith advised'thatinformati~B~concerning the,s. lope density'in this area would be availa~l~ ~t the'pdbl~c he~rling of the District. One citizen askedI'i,f'it was'~ru~.'~hat. there is going to be a good'deal of work done prior to the feasibility st~udy of this project. Mayor Smith replied that this is true. Mr. Nichols qommented that thip would involve approximately $4,000. , ~ ~ c Mr. Dyer of Bohlman Road;indiCated tKat he too would like to see this project delayed as he felt these Costs have mis-calculated. +. Mayor Smith commented that the estimates can only be a certain percentage below what the actual bid comes in at. Councilman Dwyer inquired.if everyone involved in this proposed project given the opportunity to vote on thi§. Mayor Smith indicated there was a survey taken, and those ~ho were in opposition had an opportunity to show that. He reit&rated the fact that there is still the hearing, at which time · thesel people can lqdge written protest and each of these protests would be considered at this hearing. Mr. Henry Barker commented that when~he went to the Sanitation District office and requested to see the card~ which Wer~ mailed to residents, he found that the only cards that were mailed out were to those people who were for the project.' Mr. Hammon indicated he would like tq once again appeal to the Council. to delay action on this hearing at this:time in light of question concerning emergency vehicles,. and he felt this should be looked at since this would create a hazardess situation. At th~S'.~ime,. it was moved by Councilman BKi~ges and seconded by Councilman K~aus that the public hearing be closed. The motion ~s carried. The public hearing was closed at 12:25 A.M. The City Manager indicated he had received seven letters in opposition-to this project. Following, ~br~ef discUssion.,:~y_the Council, it was moved by Councilman Dwyer and seconded by Councilman Kraus that the matter be continued to the next regular City Council Meeting and the Sanitation District be asked to come back at that time with answers to questions raised this evening with regard t'o. access to and from the homes in t~is area during the day and als0 the question of access by emergency vehicles during this construction period. The motion was carried. VI. ADMINISTRATIVE MATTERS A. MAYOR 1. County Sports Arena - AnnOUnced ~hat it is going to be included on the April ballot. FINANCE 1. Payment of Claims - It was.moved.by Councilman Diridon and seconded by Councilman Dwyer that the list of disbursements be approved andSthe Mayor be authorized to sign the warrants. The motion was carried. (Cont'd,) - Finance 2.' City Clerk's Financial Report Noted and filed. 3.- City Treasurer's RepOrt - Noted,and filed. C. COUNCIL AND COMMISSION REPORTS 1. Councilman Diridon % Reported h~ has received a resolution'from Flood Control and Water District and a request of the City's opinion regarding payment and responsibility for ~mprovements by the Flood Control District. - This was referred to.staff for a report at a future. meeting. 2. Councilman Diridon -' Reported h6 has received a request from Cindy Strife, - Deputy Director and ACTION volunteer for the County, who has received additional responsibility in working with the InfOrmation and Referral System,,that the City,provide s~me input on this System. - Councilman Diridon to attend a meeting of the organization and report back to the Council at a future meeting. 3. Parks and Recreation Commission !- Recommendation to re-advertise for bids on Gardiner Park. - It was moved~ and seconded that authorization be granted to re-advertisefor'bids in September, with the modifications proposed by landscape architect.. The motion was carried. D. DEPARTMENT HEADS AND OFFICERS 1. Public Works, R~: Progress Report on Highway 9 Walkway ·- Mr. Trinidad, Assistant City Engineer, reported their department is working with Dr. Cermak and Our Lady of Fatima concerning the easement required for this project. They will attempt to h~ve a more clear direction on this at the next regular meeting. · 2. Planning Director - Reported thai the City's ~ppeal on the Negative Declaration on the McManus develgpment for a nursery school on Sanborne Road was granted by the' County BOard of Supervisors, and they now re- quire an E.I.R. Repor.t by the applicant. E.. CITY MANAGER 1. Approval of Formdla for State P~ks and Recreation Bond Fund for 1974 It was moved by Cpuncilman Dwyer,and seconded by Councilman Bridges that · the City indicate its support of~the formula. The 'motion was carried. 2. Proposed Cit~· S~r~i~e (-co) Combining Zone Reported tha~ public hearing by the Board of Supervisors scheduled for August 16; City will reiterate cqmments as previously expressed. 3. Bucknail Storm Drain Project ,- !~ w s moved by· Councilman Dwyer and seconded by Councilman Kraus thatithe staff be authorized' to advertise for bids on the basis o£ the~engineer's new ~stimate. The motion was carried. 4. Reported that the Co~it~ee~ of t~e~Whole '~eet{ng~ch~duled for August~l~t~, -,~ . , - COMMUNICATIONS A. WRITTEN 1. 11 letters received regarding pia~I £~r~trjffic cOntrol.on Mil'rer-'~ve~Uerfrom the following people: Giken C. Peretti, 12747 ~iller Ave. Margaret C. and Hubert M. B~th, 12603 Miller Ave. - 10 - Cont'd.) - Written Communications Mr. and Mrs. William Evans, 12681 Miller Ave. Mr. and Mrs. M. Barrett, 12781 Miller Ave. Mr. and Mrs. David Nelson, 12669;Miller Ave. Mr. and Mrs. Charles Grey, 12756.Miller Ave.. C. C. Cederblorn, 19600 Ladera C~urt~ Mrs. Sharon Bramblett, 12690 Miller Ave. Mr. and'Mrs. George Bunyard, 12625 Miller Ave. Mr. Glenn E. Patton, Jr., 12713 Miller Ave. Keith P. Rice, 12734 Miller Ave. 2. 7 letters regarding the proposed~s~werage project on Bohlman and Norton Roadsqfrom the following people:! E..Thadeus Flood, I~529t. Norton Rgad Edwin.D. Kilbourne, Jr., P. O. Box 35 George Oatman,.15361 NortOn Road~ Wendell P. Hammon, 20200 Hill Ave. William P. Hincks, 838.Mendocino 'A~e., BerKeley Edna and Henry BarKer, 15330 Norton Ephraim Dyer, Jr., P. O~ Box 366L 3. 5 letters regarding Lyngso Garde~ Materials, Inc. £rom: Robert and J~anne Sheffield, 12503 Green Meadow Lane Mitsuo and Heda Yamada, 20552 Manor Drive. Claire L. BUrke, 12516 Green Meadow Lane Frank Schork, 12529.Green'Meadow%Lane Dr. and Mrs. Gilbe'rt Marx, 12500 Green Meadow Lane 4, Mr. and Mrs. Mehdi Javaheri, 12881 Cortede Arguello, opposed to the construction of a cul-de-sac on arroyo de Arguello hetween lots 1 and 10. - This matter has been referred to the Plannin~ Commissio,n; a report to be forthcoming at a future Cit%y Council Meeting. 5. J. F. Zeid, ~73 Durshire Way, Sunnyvale, requesting the City refund the fees paid to obtain site and building permits (SDR-1008)0 - Approved to refund the amount of $617.25 and void Building site approval. 6. Marv Steinberg, PrinCi~al,.Saratoga SchoOl, urging the Council to continue .t6 support the Saratoga 'Community Garden. - Noted and filed. 7. Richard and Joan ~r~en, ~2350~ ~ Goteta ~ve~, expressing objections. to the incorporation of the City into th~ Saratoga Fire District. - Noted and filed. 8. Arnold Zauss, Su'nget!'~Po. Ols i~ Santa Clara.',. requesting a refund for permits issued to build a swimming 'pool for resident at 21293 Lumbertown Lane. 9. Cheriel and. GordOn E. Jense~, 337? Bentqn, Santa Clare requesting that the Council h~ve some control over dedication of easements to.Flood Control District~ - This was referred to Planning staff for follow up. B. ORAL i. Norm Matt~oni, Chairman of the Citizens Committee for the Demonstration Bicycle Route System, requesting ~he Council and staff to work with Osterlund Enterprises to try and'negotiate a pathway at the corner ~f Cok and Saratoga Ave. ~ Public Works staff to correspond with Mr. Tersini at OSterlund and look!atalternativcs. VIII. ADJOURNMENT It was moved by Councilman Dwyer and seconded b~ Councilman Kraus that the meeting be adjourned~ The motion was carried; the meeting ~ gdjourned at 1:30 A.M. spectf 't4-y submitted, Rob ~,