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HomeMy WebLinkAbout09-19-1973 City Council Minutes MINUTES SARATOGA YCITY COUNCIL TIME: Wednesday, September 19, 1973 -7:30 B.M. PLACE: Saratoga City Council ChamBers, 13777 Fruitvale Ave., Saratoga, California TYPE: Regular Meeting I. ORGANIZATION ~ ROLL CALL Present: Councilmen Smith~ Bridges, Diridon and Dwyer AbSent: Coudcilman Kraus B. MINUTES It was moved by Counci!manjBridges'~nd=Seconded by. Councilman Diridon that 'the minutes of September 5, 1973, b~ approved. The motion was carried. C. APPOINTMENTS ' ' The City Clerk administered the Oath of Office to Jerry Weiss and Steve Hamick for their appointments~to the Youth Commission. II. BIDS AND CONTRACTS A. SARATOGA-ALTA VISTA STORM DRAIN EXTENSION It was moved by Councilman Dwyer and seconded by Councilman Diridon that the contract for this project be awarded to Pisano Brothers, Inc.' for their bid of $17,455.00; the motion was carried. B. BUCKNALL AVENUE STORM DRAIN PROJECT Based on the recommendation of the Staff and >inrlight of'the fact this single bid was somewhat greater than the;engineer's estimate, it was moved by Councilman Dwyer and seconded by,~Councilman Bridges that Pisano Bro~i!~d~ in the amount of $56,202.60 be.rejeCted and the staff be authorized to adver- tise for bids at a later date. The']motion was carried. C. CARDINER PARK, PHASE I -- KEVIN MORjN PARK LIGHTING Three bids were received on this project, as follows: Collishaw Corp. - $54,400; Valley Crest Landscape, Inc. - $46,214; and Palo Alto Landscape Co. - $44~J~. It was moved by Councilman Diridon and seconded by Councilman Bridges that the ntract be awarded.t Palo Alto Landscape Co. for their.low base bid of $44,531. _ ~..!~ ~e motion was carr~e~. ~III? ~PETITI6NS, ORDINANCES-AND FORMAL--RESOLUTIONS A. RESOLUTION NO. 676'- Resolution Authorizing the Cit~ Attorneyto Initiate Condemnation Pr. oceedings to Obtain Easement for the Saratoga~Los Gatos Road Walkway The City Manager indicated that the Director of'Public Works ~ad met with Dr. Cermak and was advised that ~e was not not interested {n working with the City concerning the proposed walkway on Highway 9. The City Manager had there- fore authorized the City Attorney tot draw up the necessary resolution eo pro- ceed with eminent domain proceedings~. Planning CommisSioner Lyhn Belanger ~xpressed her concerns on the dangers that may be involved with theswall a~d also the cost 16f~ putting the walkway in its proposed location o~ the Cerm'ak property. RESOLUTION NO. 676 (C0nt'd.) ~' Mayor Smith advised [hat the cost o~ 9ons~ructing.'.the path on the Cermak side would not exceed that.of .Fhe oppoSit~ side oflthe~road. He further advised that the waIkwayWould be ~ituatedrbebind th& retaining ~all and depressed approximately three feet And there would be a second wallbuilt on the interior side for the purpos~ of safety, as'well'as privacy to the residents. The.question arose as to how much-of the wall would be required to be re- moved in this construction; howeveri there was no definite information at this time. It was mgved by Councilman Dwyer and seconded by Councilman Bridges that ResolUtion No. 676 be adopted and the design plan be presented at a future Committee ~f the Whole Meeting before proceeding .with this work. The motion~ was carried. !' B.' RESOLUTION NO. 677 ' ResOlution of the Council of the City of Saratoga' Applying for Eligibility of Said City to Qualify f6r Federal Flood Insurance unde~ the National Flood 'Insurance Act of 1968 The City Manager explained that this q~.r.~g?a_~__~enables citizens to become eligible for flood insurance £rom a private carrier. It was moved by Councilman Diridon ~nd seconded by Councilman Bridges that Resolution 677 be 'adopted. ,The motion was carried. C. O~DINANCE NO. 38.12.4 J' AnOrdinance of the City of Saratoga Amending Article VI of Chapter 4 of the Saratoga ,City Code, ProViding' .~ for the Granting of FranchiSes £or Cable Television Systems in Said C~ty The City Manager explained that this ordinance, as well as the ordinance pertaining to the granting of a ~.A T ~. franchis~ would have to be intro- duced and adopted, ~egardless of who the City awards the franchise to. He indicated that certain sections of the ordinance would have to be modified to be consistent with F.C.C. regulations, and ~so, that he*has indicated .to Mr. Nishimura of Communications Systems Corporation thatlif the Council had any specific questions 'with regard.t~ the propos.al, he should arrange to be present at the Committee of the Whol~ Meeting on September 25. At that time the two ordinances will be reviewed ~nd r~od'ffi~f%o~ilfl' be cg~sidere~'He. explained that some m6dification to this ordinance Would'be necessary'tg avoid a delay in the issuance of the Certificate of Compliance,bythe F.C.C. It was the specific suggestion of CoUncilman Bridges that S~ction 2, Item (b)(2) be given further consideration for modification in the ordinance. It was then moved by Councilman Brid~s and seconded by Councilman Dwyer that Ordinance 38.12.4 be introduced. The motion was carried. D. ORDINANCE 38.54 ~ Ordinance Grantin~"a--F.~anchI~se-to_.Com__mun!~ti0ns-Systems CorpOr§tion to ConStruct, Operate and=~{~ih a Cable~j Television System within the City of. Saratoga The question was presented as to hOw~cable television would be used in relation to tie schools. Councilman Dwyer advised that when this/prOposal was being considered in the past,~<~'is c~pany~ha~ e~phlasized'~h~~ ~mportance of an ex- tensive tie-in with the schools.' Following additional comments by members. in the audience, as well as a brief discussion by the Council,~,it was moved by Councilman Bridges and seconded by Councilman Diridon that, Ordinance 38'.54 be introduced. The motion was carried. IV. SUBDIVISIONS, BUILDIN~ SITES A~ zoNING REQUESTS SDR-1065 GEORGE KOCHER & SAMUEL TYLER, BIG BASIN WAY & FIFTH STREET (Cont'd from 9/5/73) The city Manager'a~vised that the staff, in their report of September 17, 1973, has p~Ovid~d the Council with three elements of the installation of the pro- posed storm sewer. He then Outtin~d~?the staff rep'ort and ad~ised,:fhe recommended action concerning this installation; that being to-l) ~nter into a."Storm Drainage Reimbursement Agreement".to cover the cost which exceeds the "Fee Credits" for the installations made~in Section 1; and 2) Reimburse the developer at the time of construction the cost of the oversizing in Section 2 and the total cost of the.installations made in Section 3. It was moved by Councilman Diridon'and seconded by Councilman Bridges to approve thet Staff Report setting ~o~'ththe procedures for this installation. The motion.'was carried. B. SDRigl0 TERRY j'.' BOWMANs.PIERCE ROAp It was move~'by Councilman Bridges and. seconded by Councilman Diridon that Resolution SDR~910-1 be adopted, granting Final Building Site Approval. The motion was carried. C. SDR~1047 JOHN P. MC LAUGHLIN, VIA REGINA' The City Manager explained that this'request for reconsiderat]on of conditions is based on the requirement that an qak tree iR the middle of the driveway not be cut down] He indicated the applic. ant has requested that the tree be removed. Mrs. B~th McL~ugblih~commented regarding the tree and indicated that the realprobl'em is that the tree slope~ over the best approach to their. pr6perty. Mrs~ McLaughlih indicated that dnless! the Council actually sees the tree, it is difficult to u~derstand the problem.i!.' Councilman bwyer' was of.the feeling that the~e are other problems involved in this situation du~ to cracks in the earth, erosion, etc. and that 'Plahning'Commi~'~ion'~qOnsider a better'designed plan f~r this whole area on Via Regina. It was moved by C.oun~ilman Smith and Seconded by Councilman Bridges that this matter be 'continued to the next ~egular City Council meeting and the City. Manager coordinate.~with the CounCil a convenient time to~i~w [he tree onzsife. ~he motio~ Was ca~ried~ . . - - ....... ] D. SDR-907 DONALD COMER, PIERCE ROAD It was moved by Councilman Diridon andiseconded by Councilman Dwyer. that .Resolution SDR-907-1, granting Final BUilding Site Approval, be adopted. The m6tion was carried. E. SDR~iO18 MARY E. STANDARD,' VIA COLINA%& MONTE VISTA DRIVE The City Manager explained that thia iAvolves a request for reconsiderat]on of conditions forlstor~ drain re~qirement~ i~posed on her building. site approval. He indicated the. staEf~as ~eviewed this ~at~e~ to see whether or not there might be some ~j~'=ak~_~Yn~tf.~re~ eoncerning [he' drainage problems. He related the two~b.i~_~_i~'c'~'c'~'~z'w_{[h ]regard to development o,f this lot: 1) Protection for-tW~s-s'i~ fro~ surfade runOff; and 2) Concentration of sur- face water on the ~dj'a&~nt lot. He indicated that in order to protect the subject site fro~.ppssible flooding, .t~e street should be widened and an A.C. berm installed on the perimeter streets. SDR-1018 MARY E. STANDARD (COnt'd.) . He advised that the Department of Public Works h~s again reviewed this matter and concluded t~at it would be appropriate to~ allow Mrs. Standard to defer . completion of the ~equired improvements until a storm drain system'is ihstalled in the. eptire aFea, and the Deferred Improvemen~ Agreement would be con~itioned on participation in the cost of installation, if done by an assessmentd~t~iet, and on.agreement to hold the fb~ r.' ama ~ by §tOFm water runoff until said sys'gem is installed. He advised that it is also the opiniop of the staff that i,f no imRroyements are made at this time, there would~be no change in the sta~'us 6f.that land in relation to the potential ru~off. He therefore indicated it would be thestaff's recommendation that Mrs..Standard enter'into aDeferred 'Improvement Agreement for those proposed ngcessary. improvements until such time as a storm drain system is installed. It wa~.moved by Councilman Dwyer and' secohded by Cohncilman Bridges that Mrs. Standard be authorize~ ~FJ. eng~r, into a Deferred Imp!ovement3A~_reemen~t ~d'e~re~g~t'fdf ~8~sideration of conditionsBe apprqved, ~ubj~ct to the' requirement to install.a.:positive stlo~ draihgge s~tem. The motion waS'~rried. V. PUBLIC HEARINGS '- A. RESOLUTION NO. 671 -' SANITARY SEWERAGE PROJECT 1973-2 (Cont'd. 8/15/73 & .9/5/73) Resolution 6pproving Form of Resolution of Intention and Boundary Map and Granting Cons.ent of the City Council of the City of Saratoga to County Sanitation District No. 4 of Santa Clara County to Undertake Prpc~edings to Construct a Sanitary Sewerage Project and to Provide that the Cost Shall Be Assessed on the District' Benefitted ~under Appropriate Special Assessment .and Assessment Bond. Proceedings ~ Sanitary Sewerage Project No. 1973,~ Unim 1 and 3. Mayor .Smith reported that the resul~ of the second postcard survey, as indicated at the last Sanitation District Boa~d Meeting, showed 33% favorable to the proposed.~project on Bohlman and Norton Road~. The City Manager pointed out that there are two additional units i~ this prOposed.project, one of which is iB Saratoga, and that is a two-lot hook-up at the end of Woodbank Way, referred to as Unit No. 3.- He stated that it would-be his recommendation t9 allow those two properties to be ~ncluded in the total project, which includes Unit No. 2 outside .of Saratogg and to adopt t~e resolution,. excluding Unit No. I. The Mayor opened the public hearingFat 9:~4 P.M. Tgere~!being%nO additional'comment~regarding this matter, it was-moved by Councilman Dwyer.and. seconded b~ CoUnqilman. Bridges that the public hearing b§ closed.. The ~ot{~njwas~arried.! The pdblic bearing was closed at 9:15 P.M. It was moved by CounCilman Dwyer and seconded by CounCilman Bridges,that R~solution No. 671 be adopted, subject to exclusion of Unit No. 1. .The motion was carried. VI. ADMINISTRATIVE MATTERS A2 MAYOR · 1~ Presentat'ion Re: Proposition I, California Tax Initiative r This was continued to the next regplar meeting of Oct6ber 3rd, at which time the ~iEy'M~nager'will present his report. FINANCE Paymen~ of Claims - It was moved by Councilman Dwyer and seconded by Councilman Bridges that .6he list of disbursements (17874 thru 17952) be approved and the Mayor beauthorized to sign the Warrants. The motion was carried. : - 4 - FINANCE (Cont'd.) 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,' Re: Hillside Committee M~eting - At(.thel~a_s_~_'~ee~ng, ste~s w_~e~e taken to make the Hil'lside Plan much more conservative~e~lop- C~_t-, authorizing hillside residential zoning only where there is actual d~rf0p~n~ now. Th{s was p~sent~dLat the P.P.C.Cmeeting~and a suggestion was made that this whole plan be created to take the place of the exi~ting~ ordinance which expires in January. This would be effective until the Hillside Committee presents its .finished plan. D. DEPARTMENT HEADS AND OFFICERS 1. Planning Director~ Re: Report on Referral from County Planning Department Regarding Four-~ot Subdivision of 12.36 Acres on Rolling Hills Road in Saratoga's Sphere bf InflUence - Mr. Walker indicated there are two existing developed lots in this subdivision, and it is proposed to create two new building sites, approximately two and three acres in size. He reported that the existing lots, as well las the proposed lots would be served ade- quately by water service and seRtic tanks would be~provided rather than sewers. He stated that the new lots meet the slqpe density requirements of Saratoga, as'Well as well as 7the proposed Monte Bello Ridge standards~ {t was,~[he~efore, his recommendation that the County Planning Department approve this subdivision. Mayor Smith questioned the use of septic tanks in this subdivision in lieu of '~ ~nitary~Tsewer hook-up. Mr. Walker r~plied that the Cupertino Sanitary District has investigated this, and reported because of the terrain~ there is no practical means of serving the property with the sewer line. However, Mr. Walker was not definite as to the County Health Department's. recommendation concerning use of septic tanks in this area. The~Council~was-of~the feeling that the County Health Department should be c~ulted. regarding this matter and the matter be re-agendized for an Adjourned Regular Meeting September 25th. It was also felt Mr. Walker should request a thirty~day extension from the .County Planning Deparment. E. CITY MANAGER 1. Report Re: Proposed Fee Ordinance by Santa Clara County Regarding Health ~Eicense Fees - Referred to the letter from the County Health Department concerning the proposed ordinance before the Board of Supervisors to raise certain fees for permits, particularly as it relates to issuance of licenses for the operation of food establishments. Councilman Bridges commen~ed on two issues: 1) Whether or not this in- crease would apply to public swimming pools and if the City would pay this license fee as a 'matter of inspection; 2) This would represent a business tax on the merchants in Saratoga~,~o~p~y for the additional {nspections required, and it has been hislun~ers.tanding that the Health Depar.tment is getting into a program of charging those people who need repeated reminders concerning violati6ns some of the costs. Mr. Bridges indicated he would like to receive some comment on these issues before epBorsing this ordinance. It was agreed that the City Manager should discuss this~proposed ordinance with the Chamber of Commerce. It was also the suggestion of Councilman Diridon that'~here be an annual ~nspection of all food services, even if it does not involve an annual fee. The matter was continued to the next regular City. Council meeting on October 3rd. CD - 5 - CITY MANAGER REPORT (Cont'd.) 2. Report on Contribution for the People's Center - This has been referred to the Youth Commission; a report forthcoming at next regular meeting. 3. Report on Request by Mr. and MrS. Joseph Caldwell Re: Purchase of Property on Lot 50, Tract 3946, and DediCation of a Portion of Parcel to the City.-- It was moved by Councilman Dwyer and seconded by Councilman Diridon that this request be denied. The motion was carried. 4. Recycle Center Agreement - It was moved by CoUncilman Dwyer and 'seconded by Councilman Diridon that the Reqycle Center Agreement be. approved for a one-year period. The motion was-carried. VII. COMMUNICATIONS A. WRITTEN 1. Sharon Evans, chairman, Porsche Club of America, requesting permission to use the parking lot behind Plaza Det Roble for third annual Saratoga Funkana on Sunday, September 30th. - It was moved by Councilman Dirid~n and seconded by Councilman BirdgAs that this request be approved. The motion was carried. 2. Anna L. Loze, P. O. Box334, requesting information on the status of the boarded-up hou'se on Big Basin Way near 6th Street. - City to obtain up-to-date status report for October 3rd meeting.- 3. Mrs. W. F. Guenther, 12474 Woodaide Drive, opposdd to City Council decision re: Cox Garage~- Noted ~d'filed. 4. Mr. and Mrs. Warren L. He~r, .12617 tRadoyka D~ive, requesting that the City delay issuing a building permit'to r~side~ts on 12600 Easton Drive for a second-story addition. ~ Referred to Planning Commi§sion with the request that they review thi~.collaterally with the proposed two-story ordinance. '? 5. Robert G. Mensor, PresidentI, Saratoga Park Woods Homeowner's Assodiation, 18891Ansley Place,' requesting the City of Saratoga postpone issuing the building permit to Mr. and Mrs. MoOre at 12600 Easton Drive until public hearings are held. ~ Referred to Planning Commission, a~ above. 6. Jean Barr, 12511 Scully Ave., regarding traffic problems on Scully Ave. - Referred to staff for a report on October 3rd. City Manager to relate the complaint to the Sheriff's Office. 7. Mrs. A. Saitta regarding dangerous traffic situation on Scully Ave. - Referred to staff for a report at October 3rd meeting~ as above. 8. Daniel N. Hoffman, Attorney at Law, 2775'Park Ave., Santa Clara, expressing opposition to Proposition I. - Noted and filed. 9.Mrs. Peter B. Weiser, President, League of Women Voters, P. O. Box 335, Los Gatos, expressing oppositio~ to Proposition I. - Noted and filed. - 6 - COMMUNICATIONS (Cont 'd.) B. ORAL 1. Charles Huff, 12725 Miller Aver, with the question "Where does the City stand on the Cox Garage matter?" - The City Attorney advised that Mr. Cox's attorney has filed an Order to Show Cause, and the City will file an answer to this on September 26th. Therefore, the matter is in court at the present time. 2~ Mr. ~tanley Walker indicated he would like to' request, on behalf of Thomas B. Fryer, final Building Site Approval for one lot on Saratoga Hills Road. - It was moved by Councilman Dwyer and seconded by Councilman Bridges that' Resolution SDR-883-1, granting Final Building Site Approval, be adopted. The motion was'carried. VIII. ADJOURNMENT : It was moved by Councilman Dwyer and seconded by Councilm~n~Bridg~s~that'~ the meeting be adjourned tO Executive SeSsion. The motion ~aS,c~rri~d~'~The meeting -was adjourned at 10:12 P.M. ~/~ '~ R yer ~'~'C~ty Clerk ~.,T