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HomeMy WebLinkAbout11-07-1973 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday,'November. 7, 1973 - 7:30 P.M! PLACE:' Saratoga City Council Chambers 13777 Fruitvale Ave.., Saratoga, California TYPE: ,Regular Meeting ,~' I. ORGANIZATION A. ROLL CALL' .. Present: Councilmen Bridges, Diridon, Dwyer, Kraus and Smith Absent: None B. MINUTES It was moved by Councilman' Dwyer and'seconded by Councilman Diridon that the minutes.of October 17, 1973 and ~ctober 23, 1973 be approved. The motion was carried, C. PROCLAMATION ' Mayor Smith presented a Proclamation'Est'ablishing the Week 0f ~December 10, 1973 as "Band Week". D. DISTINGUISHED' SERVICE AWARD The Mayor enlarged upon some of the ~fforts made by Mrs.. Marilyn White in her service as U.N. Day Chairman. The "Distinguished Service Award" Certifi- cate was presented following the meeting. II. BIDS AND CONTRACTS A. CORPORATION YARD OFFICE FACILITIES- It was moved by Councilman Dwyer and iseconded by Councilman Kraus that th~ work on this project be acce~ted!~and~the Notice of Completion filed. The motion was carried. B. WILLIAMS AND MOCINE The City Manager explained that the present agreement with-Williams and Mocine,'the City's Planning Consultants, terminates on November 15, 1973; however, an extension of approximatery three months would be necessary in order for them to complete the required services. It was moved by Councilman Dwyer and ~seconded by Councilman Diridon that the Mayor be authorized to execute the agreement extending the expiration date for a period of three (3) months, to February 15, 1974. The motion was carried. III. PETITIONS, ORDINANCES, AND FORMAL RESOLUTIONS A. ORDINANCE NO. 38.54 (Cont'd. from 9/719, 10/3, 10/9, and 10/17/73) - Ordinance Granting a Franchise to .Communications Systems'Corporation to Construct, Operate, and Maintain a Cable TelevisZion System within the City of Saratoga. B. ORDINANCE NO.. 38.12.4 (Cont'd. from 9/19, 10/3, 10/9, and 10717/73) - Ordinance of the City of Saratoga Amending Cert~ain Sections of Article VI of Chapter 4 of the Saratoga City Code Re: The Granting of Franchises for~Cable .Television Systems in Said C~ty. The City Manager explained that at=th~:l'as~ Committee of the Whole Meeting it seemed apparent that the City and the applicant were close to agreement Ordinance No. 38.12'.4 (Conrad,.).. on Ordinance No. 38.1!2.4; however,.h? is awaiting additional information on Ordinance No. 38.54 as it relates to interpretation of ~he~perf~rmance standards. The City Manager stated that he is c~nfident an'agreement could be worked out, and he would have an answer to someiof the outstanding questions, as well as a recommendation, by the next regula~ meeting. The Council approved this continuance. The matter will therefore be agendized for the next regula~ meeting of November .21, 1973. C. RESOLUTION MV-74 Resolution Prohibiting Stopping on a Portion of the South-~ westerly Side of Saratoga-Los Gatos Road on the Single Lane Portion from the Prolongation of the Northwesterly Curb Line of~ Oak Street to a Point 126f+ Northwesterly. The DirectOr of Public'.Works indicated it wopld be his recommendation this -resolution be 'adopted and the necessary signs posted. Mr. John M. Burnett', Attorney representing ~he'owner of Corinthian Studios, indicated it is his belief this complaint is coming from t~e proprietor of the gasoline sEation .(Chevron Statiod) on the corner o'f Oak Street and High- way 9, as it blocks, to someextent,.the .stationfsSign. Mr. Barnett made reference to the title papers for thE Chevron Station and indicated that the Corinthian Studios, in order to facilitate the Standard Oil Company, agreed to deed some ten (10) feetof property, with the condition that they be permitted some parking space on the Standard Oil Rrgperty. However, he indi- cated the~.~hav~l~d con~fd~l~r~b~ms'ih~g~tting~th~ ~r~n~ment worked out with Mr. Lowie, owner of the CheVron Station. Mr. Barnett further stated this ~est~i~tion would prohibit the truck which is used by Corinthian Studios to haul goods in and out from parking in front of the Studios, and this is the only ~acceptable point Of ingress and e~ress. It was his understanding the driveway. next to the buildfng was inaccessible and unusable by a truck. Mr. Barnett suggested that rather tha~ move hastily on this matter, it would be of benefit to both parties if everyone concerned could sit down and work out an agreeable solu6ion.I After additional discussion, it was agreed to continue this matter to the regular meeting on December 5th, withlthe request that the staff ~repare for that meeting a report concerning the ~ondition of the driveway adjacent/~o the building. D. RESOLUTION NO. 682 Resolution Ordering the Vacation and ~bandonment of Portions of Allendale Ave. The City Manager explained! that this ~tem pertains tolthe proposed abandonmmnt not used any longer. It has therefore been requested that the property abandoned to the property on Tra&t 4768. Mayo~ Smith inquired if the City would have an interest in maintaining this section of land to a6h~ieve the desired setting. Councilman Dwyer wa.s of the feeling thrat the design review mechanism, as well as approval by the P~rks and RecreatiOn CommiSsion, would put a control on the type of landscaping which is used. The question arose as to whether~the C'ity Would be'required to give up the land if a Park Maintenance. District iS;~Created. The~'Cfty Manager replied that it would not. - 2 - Resolution No. 682 (Cont'd.)' Councilman Bridg~§j commented that, if the City is going to landscape this portion and doesn't gi~,the land' hR, there would have to be a fence along the innermosttboundary. However, if the City does give the land up, the tea fence is going to move twenty feet n rer the roadway. He therefore asked, "Is the remaining por~ionwidelenough to give an attractive landscaped area, or do we, in effect, need the additional twenty feet or need to have the fence. moved farther back?" It was the concensus of the Council that action on this matter be delaXed until the'~f~ h~'gi~~fd~her con~{~ratio~ t~h'~ov~c~'~'c~? ~ E. PETITION BY RESIDENTS ON ALLENDALE AVENUE FAVORING A SIDEWALK TO BE PLACED ALONG THE NORTHERLY BORDER OF ALLEND~LE AVENUE BETWEEN PORTOS & HARLEIGH DRIVES. The C{ty Manager requested that this be referred to the staff for consider- ation and review,~._~nd~ further discussion could 'be resumed at the next regular meeting. This was acceptable ~i~/~uncil. Therefore, the matter will be agend~zed for the regular meeting on. December 5th. IV. SUBDIVISIONS, BUILDING SITES, AND ZONING;REQUESTS A. SDR-141 ST. ~ICHOLAS ORTHODOX CHURCh, ELVA AVENUE The City Manager explained that the Council at the last regular meeting approved release of fifty.percent (50%) of the performance bond and accepted improvements for construction only. ~The Church h~s requested that the re- mainder of the bond be released so they might proceed with the remainder of improvements. It was the City Manag~r's recommendation that the<~miin!ng_~ funds be released at this time. It was moved by Councilman Kraus and [seconded by Councilman Bridges that the remaining fifty percent (50%) of 'the performance bond be released at this time. The motion was'carried. B. SDR-1066 RICHARD CALARCO, PIKE ROAD ~(Cont'd. from 10/3 and 10/17/73) The City Manager explained that at th~ last regular meeting of the Council/ 'this item was referred back to the staff for additional review and consideration of the following concernsi 1) Estimated.cost of required street improvements; 2) Problem of drainage because of a swal& in the area and the affect a retaini'ng wall might have on the drainage; 3) The fact that there were bay erees adjacent to Pike Road which might be ~ffected; and Whether or not the use of a Deferred Improvement Agreement wquld be acceptable in this case. The C{ty Manager indicated 'that the s~aff has reviewed these concerns, wiehtthe following determinations:' 1) The estimated cost w6uld be approximately $7,600; 2) There would be no major impac~ on the drainag~ with these improvements; 3) The trees do present some obstruction to the retaining wall, and care'would have to b~ used to avoid harming them; and 4) The use of ~ Deferred ImproVement Agreement would be acceptable; I. however, it should be determined at the Council level. SDR-1066 Richard Calarco (Cont 'd. ) Mr. Calarco addressed the Council and indicated a contractor had verbally quoted the amount of $12,000 to make these required improvements. He further stated his concern with regard to the existing trees and questioned how the staff would be able to work around them in constructing the wall. Mr. Shook, Director of. Public Works, assured Mr. Calarco this would be possible; however, great care.would have to be taken. He pointed out also that these trees are backed up by a second row of bay ~rees, so they do not stand alone. The matter of the Deferred Improvement Agreement was discussed, and the City Manager explained. the mechanics of this type of arrangement. Mr. Swartz, a resident on Pike Road, indicated he would 'like to meet with Mr. Calarco, as well as some of the other residents on Pike Road, to discuss the overall improvement plan. This Iwas agreeable to the Council and to Mr. Calarco. I It was then moved by Councilman Bridges and seconded by Councilman Diridon that this matter be continued to the next regular meeting. The motion was carried. C. SDR-iO18 MARY E. STANDARD, MONTE VISTA DRIVE 'It was moved by Councilman Diridon and seconded by Councilman Dwyer that the Council accept the reconmendation~of the Director of Public Works pr~e~d~with~the execution of the Deferred Improvement Agreement for the improvement of this'lot at the corner of Monte Vista Drive and Via Colina. The motion was carried. D. SDR-644 JOHN W. OLIVER~ SARATOGA-SUNNYVALE ROAD It was moved by Councilman Diridon and ,seconded b~ Councilman Dwyer that .the work on this SDR be accepted andi the Faithful Performance Bond be released. The motion was Carried. E. SDR-716 FRED Z. IRANY, PIERCE ROAD Z It was moved by Councilman Diridon and seconded by Councilman Dwyer that the release of Bond No. SZ-6192434 be authorized and the $520inspection fee be refunded. 'The motion was carried. F. SDR-917 D6NALD TENAMBAUM AND RALPH RAMONA & ASSOCIATES It was moved by Councilman Diridon and seconded by Councilman Dwyer that the work on this SDR be accepted and the Faithful Performance Bond be released. The motion was carried. G. TRACT 4673 OSTERLUND E~TERPRISES, INC. ,' .MARILLA AVE. it~.was moved by Councilman Diridon a~d seconded by Councilman Dwyer that the performance bond posted to insure installationof the required street trees be released. The motion was carried~ H. TRACT 4675 OSTERLUND ENTERPRISES, INC2,' PARAMOUNT DRIVE It was moved by Councilman Diridon and seconded by Councilman Dwyer that the performance bond posted toinsure installation of the required street trees be released. The motion was carried. I. TRACT 4768 OSTERLUND ENTERPRISES, ALLENDALE AND FRUITVALE AVEi It was moved by Councilman Dwyer and 'seConded by CoUncilman Kraus that Resolution SD-1040-1, granting Final Map Approvall be adopted, subject to modification of Condition 2, to read:' Comp]e~ion m{A]]enda]e Avenue Abandon- ment or Elimination of the Area from ~the Tract Map. The motion was carried. -4 - J. TRACT 5384. JAMES DAY~ WOODBANK WAY The City Manager"re~ommended~th~s. matter be~ref~rred back to the Planning Commission before 'taking action. It was moved,My Councilman Bridges and- seconded by Councilman Diridon that ,the Council approve this recommendation. The motion was ca~ried.'~ · K. TRACT 1545 - REQUEST BY FLOOD CONTROL DISTRICT FOR QU{T CLAIM OF DRAINAGE EASEMENT ALONG CALABAZ~ASCREEK · It was moved by Councilman Dwyer and~ seconded by Councilman Kraus that the request for Quit Claim bf Drainage E~sement be granted. The motion was carried. V. PUBLIC HEARINGS None. VI. ADMINISTRATIVE MATTERS " A. MAYOR / 1. Mayor announced an Executive Session following,this meeting to discuss potential litigation. B. FIN~jqCE 7, '1. Paymant of Claim~ It was moved by Councilman Dwyer and seconded by Councilman'Bridges that the list of disbursements be app~oved and the Mayor be authorized to sign the warrants.' The motion was carried. Mayor Smith requested an updated ireport on the proposed timing for install- ation of traffic signals at Cox-Wardell and Saratoga-Sunnyvale Road, and Fruitvale Avenue and Saratoga-Losi Gatos Road from the Public Works Staff for the next regular meeting of N~vember 21, 1973. C. COUNCIL AND COMMISSION REPORTS None. D. DEPARTMENT HEADS AND OFFICERS 1. Director of Public Works, Re: Nig~way 9 Walkway - Mr. Shook reported that theDepartment of TransportatiOn has advised that the alternatives developed at the previous Committee of the Whole Meeting are acceptable. Mayor Smith indicated he would like this to be agendized for the next regular meeting of the Council for review of the final design drawings. E. CITY MANAGER 1. Request by Flood Control and Wate~ District for Comments on Proposed Ordinance Amend{ng Ordinance 59-1~ - The City Manager advised that the Flood Control District has requested holding additional comments until the ordinance is revised and forwarded for analysis. 2. Request by Santa Clara CoUnty Transit District for Comments on the Integrated Demand-Responsive/Express Bus System Report on Requirements and'Preliminary System Design. - It was moved by Councilman Br~dges.t~nd seconded by Councilman Dwyer that 'the Council endorse~the District's report and the City Manager draft a letter communicating this support. The motion was carried. VII. COMMUNidATIONS A. WRITTEN 1. Miles Rankin, President, Saratog~ Chamber of Commerce, indicating their desire to work with the City in taking steps to implement the proposal to purchase the Arco Service Station property for use as a parking area. - Referred to staff. 2. Mrs. Edgar Kranzfelder, 15581 Glen Una Drive, Los Gatos, Re: Saratoga- Los Gatos Walkway. - City Manager to respond-. 3. Mr. BertMartel, 14420 .Fruitvale!Avenue, Re: West Valley College grading. City Mahager to respond. 4. Jack R..Lyddon, P. O. Box 687, CFpertino, requesting that the Urban Service Area of Saratoga be amended to include the Seven Springs Ranch and the · Older Ranch properties. ~ Plannihg Commission to consider this issue on November 12th; City Council will; consider recommendation. City Manager to respond to letter. 5. Shirley Hambey, 18600 Vessing Ro~d, Saratoga, o£fering ~ossible sSlution~' to the "trail dilema" in Saratoga. - Referred to Parks and Recreation Conmission for consideration. .: g. Miles Rankin, Realtor, 14506 Big4Basin Way, Saratoga, offering possible alternatives regarding the purchase of the Arco Station site on Big Basin Way in the 'Village. - Referred to the staff for consideration. VIII. ADJOURNMENT. It'was moved by Councilman Bridges and s~conded by Councilman Diridon that the meeting be adjourned to an Executive SesSion. The motion was carried. The meeting was adjourned at 8:50 P.M. Res