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HomeMy WebLinkAbout12-19-1973 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, DeCember 19,'1973 - 7:30 P.M. PLACE: Saratoga City Council Chambers, 13Z77 Fruitvale Ave., Saratoga, California TYPE: Regular Meeting I. O~GANIZATION A. ROLL CALL ' · Present: Councilmen Bridges, DirZidon, Dwyer, Kraus and Smith Absent: None - · MINUTES It was moved by Councilman Bridges and seconded by Councilman Diridon that the minutes of December 5, ~973 be approved. The motion was carried. II. BIDS AND CONTRACTS " A.AGREEi~ENT AND GRANT OF REVOCABLE SIDEWALK' EASEMENT -- SARATOGA-LOS GATOS WALKWAY Agreement' Between the Dominican Sisters of the Congregation of Saint !I? ~ ~ ~ ': Catherine of Siena of Saratoga and the City of Saratoga for Easement ~ ~nd Right of Way Over Strip of Land FrontinS Along This Property. It was moved by Councilman Dwyer and seconded byCouncilman Kraus that the Mayor be authorized to execute the agreement. The motion was carried. B. CROP AGREEMENTS -~_ 1. Agreement B~tween' the City o'f Saratoga 'and George Wightman for Cultivating and Harvesting of Crops on 4.11 Acres of Real Property Located on Saratoga and Fruitvale Avenues in the City of Saratoga. 2. Agreement Between the City of Saratoga and Ehris L~epava for CultivatinM and Harvesting of Crops on 10.3 Acres of Real Property Located on Scully Avenue in the City of Saratoga. .~ It was moved by Councilman K~aus and seconded by Councilman Diridon ~ 't~ that the Mayor be authorized 'to execute the contract between the City and George Wightman and the contract between the City and Chris Ljepava. The motion was carried. C. RESCISSION OF AGREEMENT -- SANTA CLARA COUNTY FLOOD CONTROL AND WATER DISTRICT Rescission of Agreement Between the City of Saratoga and Santa Clara County Flood Control and Water District Relating to the Reconstruction of the Fourth Street Bridge and Saratoga Creek Realignment in the City of Saratoga. It was moved by Councilman Diridon and seconded by Councilman Kraus that the Mayor be authorized to execute the contract. The motion was carried. III. PETITIONS, ORDINANCES, AND FORMAL RESOLUTIONS A. ORDINANCE NO. 38.54 Ordinance Granting a Franchise to Commun.ications Systems CorpOration ~O Construct, Operate, and Maintain a Cable Television System within tb~ ~City of Saratoga. ORDINANCE NO. 38.54 (Continued) The City Manager explained that in light of the discussion at the last ~ommittee of the Whole Meeting, so e changes. and modifications have been necessary and he was in the process of getting the exhibits to the Ordinance in final form for the next regular meeting on January 2nd. He therefore recommended Ordinance ~o. 38.54 be continued tO l~"f~regular City COuncil Meeting. This was agreeable with the Council. B. ORDINANCE NO. NS-5.22 (Second R~ading) An Ordinance Amending Ordinance NS-5~ the Subdiviaion Ordinance: by Modifying Provisions Regulating Millside Developments within "R-I" Districts and A~aending Sections 10.3 and 10.6 Thereof: and Add~n~ Section 10~7 Thereto. It was moved by Councilman Dwyer 'and seconded by Councilman Kraus that Ordinance NS-5.22 be adgpt~d wit~ the modification to Section 10.3(c), second sentence, revising it to read: "Except in a Planned Community zone, no hillside lot may be less than~ 40,000 square feet in area." The motion was carried. C. RESOLUTION NO. 193-1 A Resolution of the City of Sarat~oga Adopting Select System Additions or Deletions. It was moved by Councilman Kraus and seconded by Councilman Dwyer that Resolution No. 193-1 be adopted.. The motion was carried. D. RESOLUTION NO. 683 Resolution Requesting Services ofl County RegiStrar - 1~74 General MuniciPal Election. It was moved by Councilman Diridon and seconded by Councilman Smith that Resolution No. 683 be adopted. The motion was carried. E. PUBLICATION OF BASIC WAGE RATES A ProDosal bv the County of Santa Clara for the Cities within the County to ParticiPate in the Publication of Basic Wage Rates. It was moved by Councilman Diridoh and seconded by Councilman Bridges that the City participate ~h'~'~nnt~n t~_~h~e.~.p~u~fi~t'io~'~f' ~aF~g~R~ates. Q~~ carried. '~ ............... ~ ~'<~ ~'~ IV. SUBDIVISIONS, BUILDING SITES, AND ZONING REQUESTS A. ~f~-'i04L '~E~f~L'~I, ERCE ROAD It was moved by Councilman Dwyer and seconded by Councilman Kraus that Resolution SDR-1041-1, granting Final Building Site Approval, be adopted. The motion was carried. B. TRACT 5243 SARATOGA ESTATES ADDITION, ALLENDALE BETWEEN ~HESTER AVE. AND HARLEIGH It was moved by Councilman Kraus ~nd seconded by Councilman Diridon 'that the improvements on this project be accepted for construction. The motion was carried. - 2 - V. PUBLIC HEARINGS A. ORDINANCE NO. NS-3-ZC-73 (Second Reading) An Ordinance Amending the Zoning Ordinance of the City of. Saratoga~ Said AmeBdment Relating to the Number ]of Multi-Story Single-Family R~sidential Structures Permitted in SuBdivisions in "R-l" Districts~ as w~ll as the Pzocedure for Expansion of Single-Story Resid~ntlal or Accessory Structures to Add Any Seoond or Other Multiple-Story Structures to Same witKin "R~I" Mayor Smith explained the objective(s) of this ordinance in restricting construction of two-story homes in areas which are primarily one-story and ~ad~s~.homes in an area comprised principally of one-stor~ homes. The City Manager indicated there were two items of correspondenc~ relating to this issue, from Mr.~ A1Frendberg, President, Prides Crossing Romeowners Associhtion, and Susanne Elfving, 15451 Peach Hill Road. He explained that if the Council were to delay taking action on this ordinance this evening, there would be a lapse period of~approximately seven days between the time the Emergency Ordinance-related to this matter exp~es and the date which this ordinance takes ef'fect. The Mayor opened the public hearing at 8:05 P~M. There being no f~rther comments, it was moved by Councilman Dwyer and sed6nded by Councilman Kraus that the public hearing beclosed (8:06 P.M.). Mr. Johnston, City Attorney, commented that on page two, second para- graph from the bottom of the page, this should begin a new section, being Section 5. It was moved by Councilman DiridOn and seconded by Councilman Kraus that Ordinance No. NS-3-ZC-73 be adopeed with the above modification, and the ~eading be waived. The motion was carried. B. PROPOSED LIBRARY BRANCH FACILITY Mayor Smith indicated that the Council is soliciting the views of the community on this subject.~ He stated that at one time it was thought that .,, the City could maintain the Village library branch, as well as a branch on Cox Avenue and a facility at the Quito Shopping Center. He indicated that there has been a lot of controversy about these site.~, and the City has essentially been informed by the County that we cannot afford this three- ~ location approach to our library needs in Saratoga. The City Manage~ brought to the Council's attention three~e~of correspondence related to this issue, from Geraldine L. Barrett, 14050 Marilyn Lane, Dorathy F. Skow, 13246 Via Ranchero Court, and an'~named ) S~ra~oga family. He indicated that Miss Campbell, Coun~ty~Librarian, is present this evening, as well as Mr. Tyler, represen~l~g._th~ County Library Commission and Dr. Hall of th~ City Library Commissio_n.~F The City Manager then ~ummarized the background of thij issue, going back to 1966 when the City Council requested the County Library Commission to provide for an additional facility in Saratoga, and outlined the events that followed. At one point in time, three library facilities were under consideration; however, in light of more recent findings, it is felt that the City can only support a two-branch facility. The Council discussed somd of the advantages and disadvantages connected with the potential Quito site, as well as factors, such as population densit~a~'~___qn~.~'{~'a~e~Cl0sen~s g'7 ."?"T' """""---- - 3 - PROPOSED LIBRARY BRANCH FACILITY ('Con'f 'd.) . methods of financing for~elt___~wo~~f~'~ation (Congress Springs Park Site~-~Cox Avenue and Civic .Center Si6~)7"~" After some discussign, the City Manager indicated' it would be his recommen- dation, based on the data he has obtained and assuming the two-branch library system, the Civic Center Site be approved as the location of the b}anch facility, and the Village branch be retained. The Mayor then opened the public h~aring (8:30 P.M.)., : · Mrs. Victor Ulmer, 13004 Pas~o Presada, commented that she was disappointed to learn that the Council is not considering maintaining the present Quito site. It was her feeling the pop'ulation density is much greater ~t this location than the two previously-discussed locations. Mrs. Ulmer indicated that several%~ts. in this area bike or walk to the Quito branch, and she felt that'~l'i'nng this locat ion out would be short-sighted from many points of view. She suggest'ed that the Conncil consider n public hearing on'this issue at a time when the holidays have passed'~he~'~' more public input can be heard. Mrs. Ulmer indicated that the people in this area do not realize theresa possibility of closing this branch. Mayor Smith asked Mrs. Ulmer if it would be satisfactory to her to have the auxilliary branch located somewhere else in the northerq part of .town, the major library being the Village branch, and he indicated the Quito facility was unde~ a rental agreement. Mrs. Ulmer stated that she felt the present location was good in that it is m one-stop for people Fho have other errands, such as the post office or the shopping center. She felt that the Village branch was not so vital as this location, and suggested that this be converted to an historical museum. Mrs. Ulmer, in conclusion, sbated she would really like to urge the Council to continue this public hearing before making any definite committments and also to consider the idea of keeping the Quito Library open. Mrs. Edna Hall, representing the Friends of the Saratoga Library, asked that the Council consider delaying action on this matter until the second City Council Meeting in Ja.nuary, in order that members of this organization could submit their v~ews. Mrs. Hall indicated that essentially they are ~n favor of keeping the Village library branch open and turning it into a reading library. She advised they are also in favor of the Civic Center location in' l~eu of the Cox Avenue location,a~he reason being that that the Cox location would be too close ~o the Cupertino Library. Barbara Campbell, County Librarian, addressed the Council and indicated ,date and indicating the'present operating costs for the Village Library, the Quito branch and the Book Mobile, totaling approximately $295,000. She indicated the income from the' City of Saratoga is S240,000. Miss Campbell indicated that the .Village Eibrary' vol~m~ month is approximately 10,000 books; the Quito Librafy-'~--betw~'307000 ~ and 35,000; and the Book Mobile -- approximatety~p~r month. iMiss Campbell.~indica~eddsh~hashrequest~dnfro~a~h~I/County Dept. of F nance ~gures for a $700,000 Bond xssue' for the proposed Branch fac~lxty in Charles Earley, representing the City Library Commission, indicated that in 1961 the Commission conducted ia survey. and made a recommendation to the City Council ~hat s library be builtl at-the Civic Center. 'This was ;'opposed by the County. He further advised that the Library Commission was opposed to the Quito site, in that it would be difficult to take -4- PROPOSED LIBRARY BRANCH FACILITY (Cont'd.) away at a future time. He felt that the Civic Center was not a feasible location because we would be providing more library facilities in an area that already has a library, referrl~'g. to the library at West Valley College. Mr. Earley stated that he was quite upset with 'the COunty Library Commission because when the City negotiated ;with them earlier this year regarding the possible Cox Avenue location, nothing was mentioned about the proximit~ to the Cupertino Library~and some of the other argdments which have now arisen. Mr. Wendell Hammon addressed the ]Council and requested that this public hearing be put off until a lat&r date when more people are able to be heard. Mr. Dick Holmer, 13044 Paseo PreSada, indicated that he felt there is an urgency for the public to be made aware of what the alternatives are with regard to this potential library site. He further requested that the City determine whether or not a bond issue would be necessary if the Quito site were to be retained. It was his understanding that the present lease is for $12,300 per year, and also, that the party from whom we are leasing is agreeable to expanding that facility. The City Manager explained that the monthly rental for the building could probably be worked out; however, it is the operating costs and the supplying of books to that facility which would be expensive. Mr. Ulmer, who resides on Paseo ~resada, commented that he feels the present Qulto location should be seriously considered as there area number of people ~ho find it convenient to walk to this library from their homes. He~%~if the City has a comparison of the number of people each pot&ntial site serves. Mayor Smith advised that we do not have the information Mr. Ulmer has inquired about; however, he felt thisc0uld be easily obtained. Miss Campbell commented that the Library Commission does not feel the Civic Center location is the only~ possible site at 'this time; however, they were hopeful of coming ~pwi~h a more centrally-located site than the Cox Avenue-Highway 9 location. ~Dr. Wallace Hall, member~of~the S~ratoga Library Commission, indicated he would second the suggestinns which have been made to defer final judgment on this issue until a little more study can be given it. He stated that at the time of their last meeting, the Commission was under the impression that only one location was under Consideration and that no other alternatives were available. _Dr. Hall commented that he doesn;]~t share Mr. Earley's comments with regard to the Civic Center, and he doesn't share his apprehension with regard to the College library and this library. It was his feeling there would not be a great deal of utilization by the students as they would probably use the more selective~library. Councilman Di~idon commented that before giving up the three-site con- cept, he felt this should be giveh further consideration. He further commented that 40% of the major population of the city is closest to the Cox Avenue location~ and this should be taken into consideration. _Councilman Kraus stated that he Was under the.impression that the City was considering three sites. It was his feeling that this matter should be continued and further discussion take place relevant to the best location for this site. - 5 - PROPOSED LIBRARY BRANCH FACILITY (Cont'd.) Mr. Richard Kaufmann, 20700 4th Street, suggested that the Council and the Library Commission give consideration to a self-supporting, self- sustaining Saratoga-owned library. Councilman Bridges commented that in all of the previous donsiderations regarding this issue it was his understanding that eventually Saratoga would have a three-library-facility system. He commented that he felt rather betrayed by the County ~_~i__C~~lars~ve not come back to us in any kind of service. '~[~iFd~c~'~ed~h~w~B~l~d~ like to explore the possibility of working with the County Library Commission to try to obtain an additional site, and he felt the matter should be continued to an evening other than a scheduled council meeting liar that the entire evening could be ~evoted to this subject. Eounci!m~an ~J~en moved tha~th~publiq~- hearin~ ~e~6ntin~ ~e meeting ~nd referr~ back to~he,~ib~y'~ Cd~i~sion in o~der~~ mig~ ref~St" On the poi~~s eveningS' including consideration of an addlitional location, modkfication of the present site, and the point raised for a ~elf-support~g, self-sustaining library, and report back to the Counc~ a time convenient to both bodies~~&i~th~Ohea~--w6~ld.beTebntinued.'~ou~cil~an Dir~idon second~'the~m0t~0nrand--it-W~s-carr~edr VII. ~MINIST~TIVE ~TTERS ' A. MAYOR B. FIN~ 1. Payment of Claims It was moved by Councilman Bridges and seconded by Councilman Diridon that the list of ~isbursements, 18391 thru 18469, be approved and the Mayor be~ authorized to sign the warrants. ~e motion was carried. 2.' City Clerk~s Financial Report - Noted and filed. 3. City Treasurer~s Report -~Noted and filed. C. CO~CIL ~ C~ISSION REPORTS 1. Parks and Recreation Commission - Reco~endation Re: Demonstration Bicycle Route System The Mayor announced that this entire matter would be considered at a future public hearing; eherefore, no.action would be taken at this time. 2. Planning Commission - Referral of Land Development Matter in Santa Clara County for Stanley R. Lee, McGill and Bohlman Roads. The City Manager explained that when this matter'was forwarded to the Council from the Planning Co~ission, it-was based on a series of recommendations that before the County approve it, certain con- ditions would have to be met. The Co~cil was interested in getting a more precise def~ition'with regard to these recommendations before responding to the County.. IB the meantime, however,; it was learned that th~;~Land Division Co~ittee~h~ll~g CommisSiOn+ c~mme~'~H~~~i~rstanding the City has thirty Mr. Charles Rowe, Acting Planning Director, advised that the County has assured an adequate means for meeting all of the requirements specified by the City Planning Co~ission. However, he felt the -6 - · REFERRAL OF LAND DEVELOPMENT MATTER -(Cont ~d.) Planning',Commission~s concern was that each of the items of concern were adequately addressed under the County's system. It was the feeling of the Council this matter be appealed to the Land Division Committee of the County Planning Commission.and then f~rward the matter back to t~e City Planning'Commission for their report. 3. Councilman Diridon, Re: A.B~.G.~Meeting - December 20 Advised that ohe of~hegcons~d~rations would be to increase local member dues. Another aspect of the meeting would be a discussion concerning the election of new 'officers for the coming year. D. DEPARTMENT HEADS AND OFFICERS 1. Director of Public Works - S~atus Report Re: Consulting Services of DeLeuw, Cather and Co. Mr. Shook, Director of Pnblfc Works, referred to the consultantis report outlining ~he actionSwhich has been taken relative to previous recommendations regarding the Neighborhood ~affic Study. He indicated a meeting was held on Monday,~ December 17 with residents on Arroyo de Arguello, and it was indicated at that time that there was a possibility,~lthat the problemTof speeding in this area was improving. He advised that on Tuesday, December 1~, a meeting was held with the homeowners group for the Hanson School Safety Committee to discuss the Titus-Brookview Ifraffic circle, He indicated the Staff would be returning before the Council fin January with addit-~nal comments and recommendations relevant to this matter. E. CITY MANAGER 1. Report Re: Energy Conservatio'n Program The City Manager summarized h'is recommendations, broken down into Phase II and Phase III. Further discussion to take place at next Committee of the Whole Meetin'g before taking action to adopt recommen- dations. 2. Salvation Army Contribution The City Manager reported tba't a gift of $514 towards the public address system at the Saratoga YoUth Center has been received from the Salvation Arm~. The'Council felt, in light of the Salvation Arm's y present financial situation, this should be substantiated before the City takes action to accept the ~ift. The City Manager was therefore directed to communicate with the Salvation Army on this ma~ter. 3. Committee of the Whole Meeting Adnoun~ed the regularly-scheduled Committee of the Whole Meeting would be cancelled. VII. COMMUNICATIONS A. WRITTEN 1. Geraldine L. Barrett, 14050 Marilyn Lane, expressing support Of a new public library and indicating the Civic Center as the best location. - Noted and filed. WRITTEN COMMUNICATIONS (Cont'd.); 2. Dorathy F. Skow, 13246 Via Ranchero lC~urt, expressing support of the Civic Center site'for the location of the new library facility. - Noted and .fiied. 3. "A Saratoga~amily" expressing support of the new library facility at the Civic Center area. - Noted and filed. 4. A1 Frendberg, President, Prides Crossing Homeowners A~sociation, Re: Ordinance NS-3-ZC-73i relating to expansion of single-story structures. - Noted and filed. City Manager to respond. 5. Betty Rowland, Detour An6iques Annex, 12378 Saratoga-Sunnyvale Road, appealing the City. Council for special permission to con- tinue the Antique Trade Faire at Azule Center. - The Council denied this appeal; however, it was suggested the applicant apply to the Planning Commission for a~o~i~ce which would allow for this type of agtivity with a use permit. The staff was directed to look into otheractivitiesof this nature to see what steps~ if any, should be taken~.and 'report at'a future meeting. 6. Erdest Kraule, Chief, an~ Baker McGinnis, ~ministrative Officer, Saratoga Fire District, Re: Emergency Fire Code OrdinanCe. - Staff to draft Emergency Ordinance for presentation at January 2nd meeting. 7. Pauline Brockman, City Clerk, City of Roseville, transmitting a copy of Resolution 73-119, regarding the necessity for immediate governmental action to alleviate oil shortages. - Noted and filed. 8. Susanne Elfving, 15451 Peach Hill Road, relating the impact of a new house being built in their neighborhood. -~Noted and filed. City Manager to respond... ~. Edward R. Bernett, Attorney, 181 Pacific St., Monterey, Re: Construction of a boundary fence along property on Shadow Oaks Way.- City Manager to confer with City Attorney and respond to communi- cation. 10. Dario Amerio, Green Valley Disposal Co.,.requesting modification in the rates fo~ residential service, effective January 1, 19747- Referred to staff for reRort; re-agendized for Second regular meeting in January. B. ORAL 1. Ernest Kraul, Chief, Saratoga Fire Dis[rict, pointing out t~e urgency in getting an Emergency Ordinance effected'before construction of the Saratoga Oaks Apar,tments. - Ordinance to be presented at January 2nd City Council Meeting. 2. Fir. Go~den~19382 Brocktbn Lane, Re: City ofSaratoga vs. Cox Garage, and inquiring of the results of that hearing. - The City Attorney advised tha'~ each time this matter went back to court, the Judge continue~ it ten days. He advised that at the last hearing on November 28, 1973, Mr~ Cox produced a lease of property in f~.~'~b~ff~from Kirkwood Automotive, and the Court granted him unti~'Be'~embe~ 30 or January 1 to move from his p e en r s t location. In addition, he was given an additional twenty days to physically tear down the existing structure. - 8 - VIII. ADJOURNMENT It was moved by Councilman Kraus and seconded by Councilman Dwye~ .that the meeting be adjourned. The motion was carried; the meeting was adjourned at 11:00 P.M. spec ubmitted, Ro - 9 -