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HomeMy WebLinkAbout11-21-1973 City Council Minutes ~INUTES SARATOGA ~ITY COUNCIL TIME: Wednesday, November 21, 1973 - 7:30 P.M, PLACE: Saratoga City Council Chambers', 13777 Fruitvale Ave., Saratoga, E~fifornia TYPE: Regular Meeting I. ~RGANIZATI~N ~ ~ A. ROLL CALL Present: Council~en~Diridon, DwMer, Kraus, Brihge§, and Smith Absent: None B. MINUTES It was moved by Councilman Diridon and seconded by Councilman Dwyef that .. the minutes of the November 7th City Council Meeting be approved. The motion was carried. 'II. BIDS AND CONTRACT~ None. III. PETITIONS, ORDINANCES~ AND FORMAL RESOLUTIONS A. ORDINANCE NO.' 38.54 ~' OrdinaBce ~rantin~ a FranChise tO Co~m~icatiOns Systems CorporatiOn to Gonstruct. Operate~ and Maintain a Cable Television'System within/the ~i~y of Saratoga. It was.moved by Councilman Brfdges and seconded by Councilman Dwyer to take no action on Ordinance 38.54 at this, time~ however, await.council action regarding Ordinance 38.12.4, with the future possibility of re-drafting Ordinance 38.54 to reflect those chahges in the Enabling Ordinance. Ordinance Nq. 38.54 would.then be agendized for future council action. The motion was carried. B. ORDINANCE NO. 38.12.4 Ordinance of the City of Saratoga Amending Certain Sections of Article VI of Chapter 4 of the Saratbga City Code Re: .The Granting of Franchises for Cable Television Systems in Said Cit~. The City Manager indicated he had met with Mr..Nishim~ra, President of Communications Systems Corporation, ~ithin the past week, and felt some progFess was made,.in their negotiations. He further indicated he would like to present a new document this evening which encompasses a.number of. changes from the previous ordinance, and it was his recommendation that this revised ordinance be introduced at this time.~~ The City Manager summarized some of the major chan~es in the revised draft, pointing out a revision in the section-pertaining to p y television", and a modification in the duration of the~franchise. Following additional discussion concerning the proposed modifications, it was moved by Councilman Bridges and seconded by Councilman Dwyer that Ordinance 38.12.4 be introduced and the reading o~ same be waived~'The motion was' carried. D. RESOLUTION'NO. 193-1 Resolution of the City of Saratoga Adopting Select System Additions or Deletions The City Manager explained that this resolution would amend the City~s present Select Street System in order that the City might better allocate its resources for maintenance and construction. It was the City Managents recommendatioh th~t~this propgsed ~evision be discussed in detail at a future Committee of the Whole Meeting. This.was concurred with by the Council. E. RESOLUTION NO. 682 Resolution Orderin~ the Vaca[ion and Abahd0nment o~ Pnr~ons ~f A~]enda]~ Avenue There was some concern by the Council regarding t~e retention of existing trees on the proposed abandoned property. Following a discussion of this concern, as well as suggested'.lalternatives for this twenty~foot portion of property, it was moved by Councilman Diridon and seconded by'Councilman' Bridges that~e~_so_!l~fon 682 be apprOved, subject to the'~odifi~atio~'reftect~Bg retention of the landscaping easement, in addition to a public service ease- menE over and through this propertyj The motion was carried. IV.-SUBDIVISIONS, BUILDING SITES, AND ZONING REQUESTS . A. SDR-1066 RICHARD CALARCO, PIKE ROAD (Cont'd from 10/3, 10/17, 'and 11/7/73) It was moved by Councilman Dwyer and seconded by Councilman Kraus that the request for~l~~B, ll-C and ~I-I Of the'Staff Repor[, dated Au~sst 27'7i~fj, be ~eni"~'~e~d% per the'recommendation of th~ Planning Commission, and ~he use of a Deferred Improvement Agreement be suthorized. The motxon was carried. 'B. SDR-1084 GUTHRIE SWARTZ, PIKE ROAD It was moved by Councilman Dwyer and seconded by Councilman Diridon that the request for modification of conditions II-D and II-E of the Staff Report, dated November-12, '1973, be denied~ per the recommendation of the Planning Commission, and the use of a Deferred Improvement Agreement be authorized. The motxon was carried. C. SDR-944 PHILIP R. BOYCE, BOYCE LANE It was moved by Councilman Kraus and seconded by Councilman Bridges that the improvements for this SDR be accepted and the staff be authorized to release the bond. Th~ motion was carried. D. SDR-1013 JACK L. BANTON, PIERCE ROAD It was moved by Councilman Diridon and seconded by Councilman Bridges that the improvements be accepted and the staff be authorized to release'one~half of the cash bond, the balance to be released at the end of a one-year period. The motion was carried. V. PUBLIC HEARINGS None. VI. ADMINISTRATIVE.iMATTERS A. MAYOR 1. Referral from ICC Re: Prohibition of Sale of_Eireworks~- 'Advised that a Fire ~~~'be~-~_~d~t~'ihe Councit77~-.Wi~hi~'thy~xt-f~' w~eks, a section of which would cover "sale of fireworks". !H~ the[e~ore recommended this matter be reviewed at a f~ture Committee of the Whole Meeting. - 2 - 2. Referral from ICC Re: Voting Structure of PCC ,~'lrhe Council discussed the tvoting structure of P.P.C., and it was felt the present "weighted vote" concept was acceptable for continuance. B. FINANCE 1. Payment of Claims It was moved by Councilman Kraus and seconded by Councilman Dwyer that .the list of disbursement~rov~d~~iz~,I'iY~emfS~3 ESq~VGVaE~'fFr-i~[ ~l'i~['{g~ 'of is~eetil ight s on Big Basih-W~½~.~i~i~ 'taken relative to/the Big~'B~sl~S~[~Lli~Hting~ .,~Th~ ~otio~s 2. City Clerk's Financial Report - Noted and filed. 3. City Treasurer's Report - Noted and filed. C. ~UIqCIL'AND COMMISSION REPORTS 1. Planning Commission a) Ordinance NS-5-22, Modifying Provisions R~lating to Regulations of Hillside Developments withi~ "R-i" Districts. ~This to be agendized for Public Hearing'at the City Council Meeting on December 5, 1973. Referral of Land Development Matter in Santa Clara County for Stanley R. Lee, McGill and Bohlman Roads. - It was the Council's feeling that any action regarding this matter be delayed until the staff could investigate land report concerping several factors, such as 1) the Cohnty's requ,xrements for adequate septic tanks, water supply, fire prevention measures, etc. 2),the County's ~seismic safety policies 3)the'County.'s criteria for 10-acre'and 20-acre zones 4) ~hy the Btaff feels development should be allowed outside of the City's Urban Service Area. ~It was also requested that the staff inquire regarding the time frame in which to make a recommendation Eo the County. c) Recommendation of Urban Service Area Plan for LAFCO - This is a request by LAFCO for the City no submit any proposed modificatiom to the present urban service area map by November 28,. 1973. The City Manager indicated that the staff has considered this request and has recommended ~that no expansion of the City's Urban ervi e ~~uch e""'~p~o[ ~' t~i~i~g~ere w~r~-'~.~g~r~qu~st~ f~r nsxderatxon to modxfy the Urban Servxce ~rea boundarze,~, and these were considered by the Planning Commission. One ~as from the Mt. Eden Road area, the other being on Mr. Lyddon's request for the Seven 'Springs Ranch. Mr. Jack R. Lyddon, Owner of~the Seven Springs Ranch, was recognized by--Ma~_~th ~.d ~d~ca~d'_it wa~ h~s_undar~Jlanding__~hat a ~ortion ~f this property consisting of approximately 425 acres was include~ in Saratoga s urban service-boundaries. He made reference to a map published in the Saratoga News in January showing this property in the Urban Service Area. However, it was pointed out by Ma or Smith ' ' that this particular map was a proposed map and not that ~ich was - . adopted by- LAF~O ~ He explained that..the. Council..took action to include part of this property under Open Space. It was recommended that further discussion concerning this matter be continued under ORAL COMMUNICATIONS. D. DEPARTMENT HEADS AND OFFICERS 1. City Attorney, Re: Cox Garage ~iRe orted that this case has been ~beard and Mr. Cox was ordered to remo~e ~is garage operation by November~128~ 1973~ 2. City Attorney, Re: Gordon Neff, Belnap Road - Reported that an injunction 3. Director of Public Works, Re: P~oposed Timing for Installation of · Traffic Signals at Cox-Wardell and~-Sunnyval~ Road, and Frditvale Ave. and Saratoga-Los Gatos Road. - The Assistant DireCtor of Public Works explained that there is some delay due to the90-day waiting period for signal equipment. He advised teat the signal work should be completed on Highway 85-Cox-Wardell Intersection during the latter part of February, 1974, and the Highway 9-Fruitvale-Glen Una project during the latter portion of March, 1974. *4. Director of Planning, Re: Gener~i Plan Public Hearing- Reported this' is scheduled for'Tuesday, November 27, 1973. E. CITY MANAGER 1. Report on Big Basin StreetLighting ~unding. - The City Manager indicated there is an e~penditure of $8,116 for installation of the Big Basin street lights. He explained that 50% of the total cost of this installation is to be sustained by the Villag~ Lighting District, amounting to $4,058; however due to the fact there will hot be enough money inthis account to cover the e~penditure, he would ~equest that the Council authorize an advance for this amountl to the V~llage Lighting District, with the P~a~ t6 recove~the costs~for installation inlfiscal year 1974-75. It was moved by Councilman Dwyer~ and seconded by Councilman Diridon ~hat the Council authorize the advance of $4~0~8 to the Village Lighting District to sustain the cost Of~the installation of the street lights. The motion was carried. 2. Report on Energy Conservation P~gram. - The City Manager r~portedhe has implemented an emergency program for conservation of energy. Some of the steps taken to implement this program are: 1) Shorter period of use of the Zerox'machine; 2) pnnecessary lights turned off during the day; 3) requirement to adjust thermostat to 68~ temperature. In addition, he mentioned there is an effort to cut back on gasoline fuel, and he has asked employees to abide by the 50 M.P.H. limit. He indicated he would be reporting back to the Council in the next two to three weeks regarding steps to be taken to initiate .a program which could be put into effect within a short time period. VII. COMMUNICATIONS A. WRITTEN 1. Richard V. Cecchi, MacKay & Somps,'Civil Engineers, 3000 Gord6n Ave.,~ Santa Clara, recommending the abandonment of portions of Allendale Ave. - City Manager to respond, advising disposition. 2. Del Leu, 20070 Edinburgh, suggesting the use of bicycles instead of cars as a solution to the "energy crisis" and offering several reasons for biking. - City Manager to acknowledge. Guthrie Swartz, 13915 Saratoga Avenue, requesting [hat histapplication for building site approval be agend{zed and that a Deferred Improve- ment AgreementDfor the widening.of ~b~i"__road frosting his property be considered. - City Manager to correspond and advise disposition, B. ORAL 'l. Henry Gladn~y, 20044 Gien Brae Drive, qonmenting .regarding speeding traffic through the ~ntersection of'Glen Brae and Bea~mont'Ave. and requesting if the City could authorize a four-way stop or some other means of controlling speed at this intersection. Mayor Smith suggested that Mr. Gladhey direct aletter to the CiEy .Manager's o~f~ce outlining~.ti~'~.p~arti?cular problems in this area, dnd this would be helpful in dete~{nY~ what action could be taken. 2.The Mayor r~opened' the previous discussion concerning the Urban Service Area Plan for LAFCO. Mr. Lyddon addressed the Council, an~ following discussion of the 0rban Service Plan which was adopted by LAFCO in Marc~1973, Mr. Lyddon made the request that the City, ,in making its 'recommendation to LAFC~ on November 28, 1973, propose t~at ~hFSeven'Sp~'ings Ranch property presently in Saratoga's Sphere of infl~de'~luded from same so he could appeal the City of Cupertino for inclusion into their Urban Service Ares. Mayor Smith explained that what LAFCO is requesting at the present time is any modifications to th~ ~x~sting Urban Service Area Plan, a~ ~ modification to S~ratoga~s'Sphere of Influence bouhdaries would.have to be taken up at a later time. Mr. Lyddon then modified his request to recommend to LAFCO that this propert~ be included under Saratoga~s Urban Service Area. 'He further '- commented that all the'criteria of urban service r~quirem~nts are presently existing on this property, and it was therefore his feeling it should be included. Following additional discussion regarding this matter, it 'was moved by Councilman Diridon and seconded by Councilman Bridges that the Council go on record approving the Staff Report, dated Novemb&r 2, '1973, and recommend to LAFCO that there be no modifications t8 the.present Urban Service Area Plan. Th~ motion was carried, 4 to 1 in favor. VIII. ADJOURNMENT It was moved by Councilman Bridges and seconded by Councilman Dw~er .that the meeting be adjourned. The motion was carried. The meetxng was ~djourned at~ 10:~0 P.M. ~ity Clerk ' ' /