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HomeMy WebLinkAbout10-17-1973 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: October 17, 1973 - 7:50 P.M. PLACE: Saratoga City Council Chambers, 13777 Fruitvale AVe., Saratoga, Calif.. TYPE: Regular Meeting -. I. ORGANIZATION A. ROLL CALL Present-: Councilmen Kraus, Dwyer, Smith, Bridge~, and Diridon Absent: None B. MINUTES ' It was moved by Councilman Bridges and seconded by Councilman Diridon that the minutes of September 25, 197.3 (AjJjourned Regular Meeting), October 3, 1973 (Regular Meeting), and October 9, 1973 (Adjourned Regular Meeting) be approved. The motion was carried. II. BIDS AND CONTRACTS A. PARKS DUMP TRUCK The City Manager reported that threeibids had been received for the Parks maintenance truck as follows: International Harvester - $5,962.95; Courtesy Chevrolet - $6,014.02; and West Valley Dodge - $6,037,50. It was moved by Councilman Dwyer and seconded by Councilman Kraus that the low bid of $5,962.95 be awarded to International Harvester, subject to the 120 day delivery requirement. .The motion was carried. III. PETITIONS, ORDINANCES AND FORMAL RESOLUTIONS A. ORDINANCE NO. 38.54 (Cont'd. from 9/19, 10/3 and 10/9/73) - Ordinance Granting a Franchise to Communications Systems Corporation to Construct, Operate and Maintain a Cable Television System' within the City of.Saratoga The City Manager advised 6hat he has!met with Mr.' James Nishimura, President, Communications S~stems Corp0ration~ ~n an attempt to resolve any differences with respect to the Amending Ordinance (No. 38.12.4). He indicated there is still one point Which .needs ql~rific~tion in this. 6rdinance and felt that by the next regular'meeting of'the Council he would h~ve the ordinance ready for the Council to take action. He explained that he has been reluctant to dis- - cuss No. 38.54 until he has a company willing to comply with the basic con- ditions. Following a brief discussiqn by the Coudcil and members in the audience, it was ~oved byCouncilman Bridges and seconded by Councilman Dwyer that Ordinance 38.54 and Ordinance 38.12.4 be continued to the next regularly scheduled City Council Meeting of November 7, 1973. ~ The motion was carried. B. ORDINANCE NO. 38.12.4 (Cont'd. from 9/19, 10/3 and 10/9/73) - Ordinance of the City of Saratoga Amending Certain Sections of Article ~I of dhapter 4 of the Saratoga City .Code Re: The Granting of Franchises for Cable Television Systems in Said City See above action. .. C. ORDINANCE NO, 38.55 (Second Reading)l- An Ordinance. of the City 'of Saratoga ~ Amending Articles2 of Chapter 14 of the saratoga city Code Relating to Uniform Local Sales and Use Taxes It was' moved by CoUncilman Dwyer and seconded by Councilman Bridges that the reading be waived and Ordinance No. ~8.55 be adopted. The motion was carried. D. RESOLUTION NO. 679 - Resolution Granting quit Claim of Drainage Easement Along Calabazas Creek within Tract 1545 for Flood Control Purposes The City Manager recommended that since'there has been no formal resolution drafted for this quit claim-for drainage easement, this ~atter~.bejc6ntinu~d to the next regularly scheduled meeting of November 7, 1973, at which time a resolution would be presented. This continuance was approved. E. RESOLUTION NO. 680 - Resolution of the City of Saratoga Pertaining to Acquisitions Or Abandonments~for Street Widening or Alignment Projects of a Minor Nature The City Manager explained the purpoSe'of this resolution would be to exempt certain street Widening projects~c~y those of a minor nature, from referral to.the Planning Commission for determining conformity withlthe General Plan. It was moved by Councilman Krausand'seconded by Councilman Diridon that Resolution No. 680 beLado~ted. The ~otioh was carried. F. RESOLUTION NO. 681 - Resolution of the City Council of the City of Saratoga~ , Req. uestin~ th~ ~oard of.EqualiZation to Permit Examin- ation of Sales and Use Tax Record~ PUrsuant to Revenue and Taxation Code Section 7056 The City Man~ger-exp!ained that 'tHis ~resolution would enabletheJ~m{ni~t~a~ive ~i~nnt an~"~im'~e~_~'~o"__~xamine sales and use tax records of the 'Board of' ~u~z~ei~'~, primarily fRr the ~p~s__e of obtaining sales data concerning the Village ~P~, f~ I_~ll~j~ ConSui~(a~.~'' ~' ' v . It was moved by Councilman K~auS and iseconded by Councilman Diridon that Resolution No. 681 be adopted. The motion was carried. IV. SUBDIVISIONS, BUILDING SITES' AND ZONING REQUESTS A. SDR-1034 JOHN KIRKPATRICK, PIERCE & PIKE ROADS (Cont'd. from 6/20, 8/1, 8/7, 8/15 & 9/5/73) ~'7'M~S~ith .'-lindicated that. this~r~qUeSt~for%r~consideration'of conditions revolves around' the widening and improvements ~f_~o.~.a~'~jace~t to the Kirkpatrick property, and the argumen~ of the applicant is that it builds the cost factor on the property, ~aking it difficult to sell. The City Manager pointed out on a mapSthere were twenty one (21) home sites~ along this road, and fifteen (15) of these lots hannot be subdivided any further; howev'er, six (6) of t~ese properties ~an be divided in two, thus producing an additional six (6) lots. Additionally, he pointed out there are seventeen (17) undeveloped parcels, three (3) of which cannot be divided in two, producing a total potentia.1 of twenty (20') lot.s for the undeveloped properties. Also, there are three (3) large properties with potential access on Pike Road ~that were not encompassed b~ p~evious proposed assessment districts. He indicated with this total, there is a future potential of forty one (41) residences having access to or from Pike Road. The City Manager commented that this deals with the ~ssue which has been raised several t(mes as to whether or not theZ City's policy concerning Pike Road should be modified, and he felt it should be ~taken into consideration that if the City's policy,.~'~f~_~drfled ~nd'it was felt by the Council that some of tie improve~ SDR-1034 John Kirkpatrick (Cont'd.) ments by the Kirkpatricks were unfair or unjust, the City, at some point iB time, would probably be responsible f~ picking up those ~_~_~ri~m~b~ements. He pointed out that the only Signifihant difference in this case is that the access from the Kirkpatrick parcel is not'~n Pike road, but on Pierce Road. He advised that it is the staff's reclpmmendation,..after considerable review and consideration of this matt~E, that the ~olicy concerning Pike Road should not change,~hl' ~t'~ndards be Shch* that at some point ih time this ~ould become a public street. M~s. ~Ohn Kirkpatrick,~th~"ap~nt"in ~h~ ma~er, ~comme~t ~he. /-h~'Y~h~Ba~d' ~r~'~ware of~e [~uir~t~; however, t~ey c0uFd 'nb~e ful~ ~i'll~ ~rt~oht removal of sbme~f 'the trees surrounding the parcel. Mrs. Kirkpatrick indicated they have ~listed this property with Moser and Long Realty,~ who has advised them the abslolute top price for this lot is $12,000; however, since they may not be ~ble to get this for.the lot, it may ha~e to be condemned. Mrs. Kirkpatrick questioned whose responsibility it would be to improve this,property if it'we~e'to become.abandoned'~ Mrs. Kirkpatrick was of the feeling.t~t the. C~ty .was ~trying ~o appl~ ,"e~ual laws" to "unequal places" in this situation. She continued that this is a non-conforming lot, it is le'ss than an a~re',{~n~lhf ho'~'.~S~Y~i~.[h_~~ ~?J 'are quit~'~l?~ Mrs. Kirkpatrick expl~ined tHe~' simpl. y could not afford.t~pay ~[~se improve- ment costs and therefore, felt there'was'no other recourse than to "bale out". She further commented that the ~act'~hat they cannot use Pike Ro~d because the natural terrain prohibies them from doing so would seem to be a valid reason for making an exception-to th~.~re~uire~en~s for improvementS. Mayor Smith commented that he would be opposed to abandoning the overall policy for the,maintenance of~a public street; however, he felt Chis~*as.~an.~ exceptional situation because it is in such a location that it does not use Pike Road. He indicated that in making such an exception, it must be first determined what kind of figure or percentage of improvements should be con-~ sideredein relieving thisa~plicant ~f these requirements. The City Manager i~dicated that the '~otal cost of improvements is $16,500, and a good portion of this (approximately $10,000) would be for road improve~ ments and the remainder (approximate~ $6,000) for the retaining wall. He indicated that also included' in this amount would be the installation o~ curb and gutter along the frontage on Pike Road. Councilman ~aus inquired about the feasibility of an assessment district in this situation. The City Managerindicated that this has been suggested; however, it would be t~he.burden of th~ Kirkpatricks to put one together and he didn't feel there would be that many~lots which would benefit right away. ·: Following additional discussion by the Council, it was moved by COuncilman Diridon and seconded by Councilman D~er that the applicant be relieved of the requirement to construct the thirteen-foot half-street (Condition G - Planning Staff Report) on the basis that the access to and from this property would not be utilized from Pike Road, and that all other conditions as outlined in the Staff Report remain. This would inciude construetion of the retaining wall, posting of'the bond'and inspection fee, and the installation of a curb'and gutter along the frontage of-the property. The motion was carried. B. SDR-1066 RICH~ C~CO, PI~ RO~.(Cont'd. from 10/3/73) The City Manager explained that thisis a request for reconsideration of Conditions II-B, C, and I of the CS~p0~'d~d AG~2~7~,71~9.j3j outlined these conditio~s~ He commented that these are es~e.ntjaljy the same conditions ~s[~d~[g~be~l~&~d By' 'the Kirk~a~i~, a~ weli~· ~esid~nt~.on 'Pi~e Road. Mr. Calarco addressed the Council. Re indicated that their lot is almost'the same type of situation as Kirkpatrick. He stated that.this lot has a natural swail running along the Whole width 6f the lot and there-are some old Bay Trees that have been there approximately One hundred years. Mr. Calarco stated that - 3 - SDR-1066 Richard Calarc, (Cont 'd . ): if this road ha~ to-be widened it is ~going to involve a substantial amount of money and destroy the Bay Trees and the natural swai% alongside the lot. Mr. Calarco stated that this is a drainage area presently, and this widening would destroy this function. Additionally, Mr. Calarco did ~01t feel it'was fair for them to be requi~ed to wide~ this road for othe~-.potential building sites on Pike Road. Th&se potential .sites would ohly have to improve their' frontage. Mr. Stan Walker, Director of Planning, commented that Mr. Calarco's frontage is extensive compared to some of the !lots that are off Pike Road, but have frontage on Pike Road, that would not~ be required to make these improvements. Mr. Calarco presented some pictures which he had taken, showing that the road wa~ adequate at the present time for :cars to pass by. He indicated the road at this point is eighteen (18) feet from gutter to gutter. Mr. Calarco indicated they haven't r~ceived any estimates.on how much it would cost to widen the road, but felt the :cost would be considerable. He commented that additionally, there is 'the $~,000 road improvement they would have to face; however, they were aware of this when they purchased'the' property~ The main issue he was concerned with at this lime was item "C", pertaining to the half- street improvement. CounCilman Dwyer commented that if the Council grants exceptions on Pike Road ~&~i~L t~d'[~_~c_c~_~!e_~e ~'v~6pm~nt, thU~7 ~res~n~fH~ real ~traffic problem. Mr. Calarco commented i'~ it were develop that fast,..he couldd~t see why this sho~Id not be made into ~ city street. The City Manager indicated there is still a mechanism which would still re- '~' ~e_[o.~a~i~ipate in an assessment district. This he stated the City could institute~ at the appropriate time. After hearing comments from Mrs. Calarco, followed by additional comments by the Staff and the Council, it was%suggested by Mayor Smith that the matter be re-agendized to the next regularly-scheduled City Council Meeting. In the meantime, he felt certain factors should be looked into, such as the actual dollar cost involved and the feasibility of a. Deferred Improvement Agreement. He felt also'thee'staff should look into any drainage problem that might be anticipated~ as well as the affect t~e proposed improvements would have on existing trees in [h{s~ area. This was agreeable with the Council, and therefore, willbe re~schedule~-fo~.Ehereg~lar!m~&ting~on November 7, 1973. C. SDR-895 IBROOKS WALTON,. SARATOGA HILLS ROAD It was moved by COuncilman Diridon a~d seconded by Councilman Kraus that Resolution No. SDR-895~1 be ~dopted,Zgranti~g F~nal Building Site Approval. The motion was carried. D. SDR-141 ST. NICHOLAS ORTHODOX CHURCh, INC. 'It was moved by CounCilman Diridon and seconded by Councilman Kraus [hat the improvements be acCepted for construction and the staff be authorized to re- lease 50% of the cash bond... The motion was carried. E. SDR-769~ PETER~M~.~BARULICH~ PA~OMINO[ WAY It was moved by Councilman K~aus andsseconded by Councilman Diridon that final acceptance on this site be granted and the staff be authorized to re- lease the cash bond. The motion was, carried. -4- VI. ADMINISTRATIVE MATTERS * C. COUNCIL AND COMMISSION R~PORTS 1. Recommendation from Youth Commission Re: City Contribution to People Centre. Mayor Smith indicated he wout~ like to first hear from the City ~M~nager on this issue and then open the matter up to those in the audience wishing to testify. The City Manager made reference to the letter of September~25, 1973, from Rob~rt~W~itted,.~Cha'irma~"0f'.the People Center Commission, re~ questing'that the City contribute $2,000 to $2,500 toward the People Center. At the previous City. Council Meeting thi~ was discussed briefly and re~eEred,'tq th~c~.~y ~a£f for review and consideration. In.addition, h~.indidaeed he had referred ~his ~o the Youth Commission for their comments..~t was his feeling that there is a ne~d'f~he People Center' i~. the .c0mm~n{~y; however, he felt ~'probl~m wa~'p~i~'c'~ marily that of the schobl.as +opposed to .the City. He felt the School District has the responsibility for the students, especiallylduring those hours Whe~ the stude~is are in class. It was also his feeling that this is a ~0mmunity responsibilityI, as 'well as one which the City has to deal with. He further indicated that if the City is going to contribute money in;this direction, it should first consider: 1) dealing with the problem as it relates to the parks; and 2) how the Youth Center might 'have some ~elationship with the People Center and how it operates. He indicated that it was his feeling if the City <d~§f~i~~r~_~S~_j~~p~a~, he would suggest a modification to that recommendation outlined in the Youth Commission memorandum. This would be 'for the City to provide up to $2,000 on a 1/4 matching basis. He expllined that the City's contribution would then be based on the amount 6f community support raised by the People Centre. Councilman Dwyer advised that he has received no indication of the school administra~ion's comments toward the Centre. The City Manager stated thatit was his understanding the school 'supports the concept o£ the People Centre; however, the School District does not have the money to support it. Reverand Ponting of Saratoga United Presbyterian Church Wasin dis- agreement with Mr. Beyer's c.omment that i~ is the school~s problem and not that of the City and felt there were many times the students were not r.esponsible to the ]school administration. Testimony was heard £rom several ~outh members in the audience as to why they £elt the?eople Centre should be kept open. The-comment-.was!~made that there is an urgency to~re-open the Center immediately, and it was therefore requested that the Youth Center take over the operation during the interim period while th~ Council is negotiating with the School. District. However,(y_t~e~c~f did~ho[ fe~l this responsibility could be undertaken by the Youth Center at this ti~e. After additional discussion of this issue, it was moved by Councilman Dwyer and seconded by Councilman Kraus'that the Council go on record in support of a contributio~ toward the People Centre and direct the staff and Counci-1 to~meet with the School District to arrange a joint metho~ of effecting thiscontribution~ The motion was carried. The Mayor fur.ther.directed ~the City Manager to contact the School District to secure a first position Ion the Board's agenda next Tuesday evening to consider this proposal. T~e matter would then be taken up at an Adjourned Meeting of the.Council following the School Board's meeting. A. MAYOR' : ' ' 1. Announced ExecutiVe Session tb follow this meeting. B. FINANCE .,~ . . .~ .~.: . ~ '. . . ... . 1. Paymentlof Claims- It was moved by Councilman Di~idon and seconded by Councilman Kraus .that the disbursements (18038TM thru 18106) be approved and the Mayor be authorized to sign the warrants. The motion was carried. 2. City Clerk's Financial Reportt- Noted and filed. 3.. City TreasUrer'S Rep'o~t - NotZed and filed. : * C. COUNCIL AND COMMISSION REPORTS '2. Planning Commission -.Referrall of Land Development Matter (A.R. Ciraulo) It was moved by Councilman Br~idges ~nd seconded by Councilman Dwyer that the-ltempora~y use of a ~obi~e home on the property located in the County (Deer Path Road ~- Saratoga's Sphere of !nfruence).be approved, per the recOmmendation'of thel Planning CommissiOn, provided the appli- cant post a bond to assure removal after nine months. The motion was carried. 3. CouncilmanDiridon - ProSpect Road Improvement, West Valley Freeway Reqdested'the staff to repor~ concerning the possibility of improving that section of ProspeCt Road where the West Valley Freeway as it re- lates to'the anticipated delay of the freeway construction. This will be-discussed at a future Committee of the Whole Meeting. D. (DEPA~f'MEN~ HEADS AND OFFICERS ~- 1. CKdult Crossing Guard Study -!Cox Ave. at Darien Way It was-moved by Councilman Diridon and seconded by Councilman Bridges that budget funds for a crossing guard be app~oved at this location. -The.motion was. carried. %. '. 2. .Planning DireCtor -' Announced Hillside Committee Meeting of P.P.C:..last night; at which time proposals of Cost revenuestu~ies op the Monte Bello Ridge area were presented. Further consideration to be given at next Hillside~~ommittee Meeting. E. CITY MANAGER' · 1. Lyngso Report - City Manager~r~por[ed there have been three meetings with homeowners and Lyngso in an attempt to negotiate a phase-out period, with no result. It was therefore moved by Councilman Bridges'and seconded by Councilman Diridon that the City AttOrney be authorized ft~'_~ak~ h~ion ,~e~i~g'~'ih]d~ction ~'~YHar avail~Bl~'~b~tement r~lf~f in the SantA: · ( c ara countx sup ri 'do jse ~-<~presently B~i~g'conducted on'the premises. The motion was carried. 2. Temporary use Agreement for Saratoga Youth Cente~ and recommended Use POlicy for Saratoga'Youth and Community:Center."~-It was moved by Councilman Diridon and seconded by Councilman Bridges to approve the Use Agreement form and .Use P61icy for the Saratoga Youth and Community Center. The motion was carried. '- 6 - 3. ViOlation of Zoning OrdinanceS, Muni-busses - Belnap Road It was moved by Councilman Dwye~ andZ seconded by CoUncilman Kraus that the City Attorney be authorized tb take. appropriate legal action to abate this use.. The motion was carried. 4. Removal of Retaining Wall - Cermak Property - Discussion scheduled at OctOber 23rd Committee of the Whole Meeting, with hopes of resolving the matter. VII. COMMUNICATIONS A. WRITTEN 1. James A. Rodrigues, 14975 Qui~o Road,' recommending that the number of equestrian trails be-reduced and number-of pedestrian and bicycle trails increased. -FUthre ~Committee of' the Whole Meeting to discuss Trails and Pathways; City Manhger to respond andUadvis~Lrregarding this 'meeting. 2. Miles Rankin~t~e~ide.nt, Sara~bga Cha~ber'qf"dom~erce, suggesting that -new and larger signs be placed on the street poles throughout the City.- Referred to Street ~ign-and Street Lighting~Committee; City Manager to respond. '<;- . ' ~ ~ ~'/'/ 3. Kenneth L. D0wnep,g Executive Director, Academic Resources, 916 Cherrystone Drive, Los Gato~, offering suggestions re: p~oposed C.A.T.V. franchise. - This will be included in paek&ts and further eonsid&ration given during future discussions rg: proposed franchise. 4. Orville ~ohns, '14531Horse'sho~ Drive, Re: Sanitation Problem on Street FrontinS His Property. - Note4 and filed. Public ~orks Department to assist in getting this information together.~for future possible cour~ action. B. ORAL. 1. l~esentation of Petition for ~ity to purchase property on.Big Basin Way presently owned by Atlantic R~fining Co. (formerly ARCO Station Site). Scheduled for discussion at October 23rd Committee of the Whole Meet. inC. 2. Mrs. Lynn Belaager Re: Grading at West Valley College =--what action, if any, the City intends to t~ke. - This to be discussed at Executive Session following.this evenin~'s meeting. VIII.. ADJOURNMENT.' l It was moved by qouncilman Bridges a~d seconded by Councilman Diridon that the meeting be adjourned to an EXecu[ive Session. The motion was carried; 'the meeting was adjourned at 10:40 P.M. pect submitted, R. . .