HomeMy WebLinkAbout01-17-1974 City Council Minutes MINUTES
SARATOGA CITY COUNCIL
TIME: Thursday, January 17, 1974 - 7:30 P.~.
PLACE: Saratoga City Council Chambers, 1377.7 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 Kraus that the
minutes of January 2, 1973 be approVed. The motion was carried.
C. PRESENTATION
1. Report from Mr. Louis Franqkx, Cha{rman; Thoroughfare Lighting dom~ittee,
Re: Saratoga Street Lighting
Mr. Franckx reported the Commitltee's recommendations to date. He
rep~orted ~i~'is recomm~n~'Y~~ffe'~ent' s~yl~s '~f_'r~mps~ns[al~'~
~ ~t&~e~i~l~n~Hig~wa~85 con ~ ~rial ba'si~7'~r. ther conSideratiOn
/of~his reporTt willybe given b~.~he-'C6mmi~te~ and th~TCouhcil-a~'a f~ure~
II. BIDS ~ COrRAlS
A. BUC~L AVENUE STO~ D~IN
It was moved by Councilman Diridon ~nd seconded by COuncilman D~er that
e the staff be authorized to~d~~'~=~ds (first set ~f bids rejected
in September, 1973). The mo{{~wa's=~r'ff&d.
B. EL QUITO P~K DEVELOP~
It was mo~ed by Councii~n ~aus and seconded by Councilman Bridges fhat
the work on this project be accepted and the staff be authorized to file
the Notice of Completion. The motion Was carried.
C. SLDE REPAIR ON PIERCE RO~, SO~H OF P~OMINO WAY
It was moved by Councilman D~er aqd secqnded by Councilman ~aus that the
staff be authorized to advertise fqr. bids for slide repair, estimated at
$6,500.00~The motion was carried.l
IIt. PETITIONS, 0~INANCES, ~D FO~ RESOLdIONS.
A. UPDATED STREET A~ STORM DRAIN IMPROVE~ ~T~DS
It was moved by Councilman D~er and.s~conded by CouncilmAn ~aus that
the 1973 Street and Storm Drain Improvement Standards be adopted. .The'motion
was' carried.
· B. RESOLUTION NO. 85-9.11
A Resolution Revising Salary Ranges' for Department Heads for the City
of Saratoga
It was moved by Councilman Bridgesla~d seconded by Councilman Diridon
that Resolution No.'85-9.11 be adopted. The motion was carried.
C. ORDINANCE NO. 38.56
Ordinance Pertaining to Truck Routes
~h
The City Manager explained that due to t e eavy court schedule
Attorney the past two weeks, he has not been able to r~e~d,epare thi~ draft.'
It was therefore his recommendation this item be remo I from the agenda
until the Ordinance can be presented. This was a~oved by the Council~
IV. SUBDIVISIONS, BUILDING SITE~ AND ZONING REQUESTS
A. SDR-1063 RON SHOEMAKER, BONNIE BRAE LANE - 1 LOT'
It was moved by Councilman Diridon %and seconded by Councilman Bridges that
ResOlution SDR-1063, granting Final Building Site Approval, be adopted. The
motion was carried.
B. SDR-1089 STIPE PERAIC, THELMA AVE.. - 1 LOT
It was m6ved by Councilman DiridOn ~and' seconded by Councilman Bridges
that Resolution SDR-1089, g~'anting Final Building Site Approval, be adopted.
The motion was carried.
V. PUBLIC HEARINGS (Continued following A~.ministrative Matters)
VI. ADMINISTRATIVE MATTERS
A. MAYOR
B. FINANCE
1. Payment of Claims
It was moved by CoUncilmad Dwy~r and seconded by Councilman Kraus that
the list of disbursements, ~8557 thru 18621, be approved and the Mayor
be authorized to sign the warranks. The motion was carried..~_
2. City Clerk's Financial Report - Noted and filed.
3. City Treasurer - Noted and .filed.
C. COUNCIL AND COMMISSION REPORTS
1. Planning Commission = Referral'of Land Development Matter in Santa
Clara CoUnty for Stanley R. Lee, McGill and
Bohlman Roads
Mr. Charles Row~, Acting Planning Director, reported this matter has
been formally appealed to the County Planning Commission and will further
report when the appeal has been heard.
2. Councilman KrauS - Announced Hillside Subcommittee Meeting on Tuesday,
January, 29t~; however due to another Committment
cannot attedd. Felt it important that someone else
be present. It was agreed that Councilman Diridon
or Mayor Smith would attend the meeting.
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COUNCIL AND COMMISSION REPORTS (Cont~d.:)
3. Councilman Diridon - AnnouncedCA?B..~i?~'~ pos~i~g~'
~d~ ~er'~'t~'~ch~rg~ Foor'~ocess{~g~
of all new applications. Increase of dues approved.
D. DEPARTMENT HEADS AND OFFICERS
E. CITY MANAGER
1. Report Re: Energy ConservatiOn Program
It was moved by Councilman Dwyer and seconded by Councilman Kraus that
· ~. the City Manager's recommendatfons as outlined in his memorandum, dated
December 14, 1973, be approved, with the modificat{on that "a" and "b"
under Phase II be put under Phase III. The motion was carried.
2.Minute Resolution Appointing Pr'ecinct Election Officers and Designating
Polling Places
It was moved by Councilman'Dwyer and seconded by Councilman Bridges
that appointment of the Precinct Election Officers and designation
of the polling places for the March 5th Municipal Election be approved.
The motion was carried.
3. Report on Salvation Army Giftt~ Youth Center
The City Manager explained thati~ge.~aV'~ece'~ved' a 'l~t'~r 7.~rom Mr.
Virgil Campbell, Chairman Of the Sa~X~n~idd'0nit, SalvationsArmy,
giving background information regarding the allocation of the agency's
funds and verifying the doDati~n of $514 to the Youth Center for the
public address system. Upgn the recommendation of the City Manager, it
was moved by Councilman Diridon and seconded by'Councilman Bridges that
the Council accept the gi£t. The motion was carried.
V. PUBLIC HEARINGS
A. REQUESTBY GEORGE NOVAKOVICH RE: WILLIAMSON ACT
Request to Designate 11 Acres of Land as an A~ricultural Open Space Preserve
under the Williamson Act
The City Manager explained that the~ Planning Commission has recommended that
the City Council approve this requelst to enter into a Land Conservation Agree-
, ment. Add itionally, he indicated that the Director of Public Works has been
talking with Mr. Novakovich and his attorney regarding th~ dedication of land
........ ~lgng_Fruitvale. Avenue.which. wouldbe necessary.in.order to have a.continuan~
of the proposed walkway.
Mayor Smith opened the public hearing at 8:05 P.M.
Averill Mix, attorney representing Mr. Novakovich, stated that the~e are
few orchard lands remaining such as this of Mr. Novakovich. Mr. Mix indicated
~-f~h?'an?'the~y i~'m~st~i~e~s~d 'f~i~'~ ~'~irls~d~; ~r] t telan
~ it was his~e?~n~ Coun~iT~h%%~a'~o~'~t
~hd~"~estated the only place you can find these orchard lands ~s in areas
such as this which are directlF in the path of residential or other types of
development. He felt we are now facing one of the last opportunities to
preserve this land in the City of CSaratoga. He continued by stating that th~
kind of preservation would be in a<cordance with the General Plan and with th~
policy which ~as been established by this Council. He indicated the stipulation
in the Planning Commission's recommendation that if and when this land comes
out from under the Williamson Act that it revert to PC-40~000 zonin~ would be
complied with, and he felt the people of Saratoga would have nothing to lose
and a great deal to gain by putting this parcel under the Williamson Act.
- 3 -
Request by George Novakovich Re: Williamson Act (Cont~d.)
Two neighbors of Mr. Novakovich testified they ~ould be in favor of leaving
conditions as they exist and an orchard such as this is a rarity~in this
community and should be enjoyed.~.
Councilman Dwyer reviewed some of his objections 'to designatingDthis,~land
as an Agricultural PreserVe under 'the Williamson Act . t_~' 1) It contributes
to the scarcity of land that helps to accelerate an'~'~rd"~'in'~fc~.'2)This
island would be surrounded by a developed area of ~'~n~ie~famfly houSe~.
3) The actual chances of developing this land into=R-I-40,000 ten years from
now are going to be very slim.. 4)~The City doesn't get a significant immediate
benefit in allowing'this land to be put under the Williamson Act.
Mayor Smith commented it'was his feeling the City should retain the feeling
of open space, and he w6uld be in favor of putting this land into 8pen space.
udder 'the Williamson Act.
Mr. Mix, in response to Councilman Dwyer's-comments, stated that the appre-
hensions Mr. Dwyer had expressed~f~d'~to f~h~e hi~'~{'ty d~v~lopmet
~' ~a%'iL come about; however, it ~'~ his fee~in~'~a~h~'fa~ls in the
other direction. He was in agreement that the cost of housing was going to
increase; however, tSe cost of inflation was also going to increase, and
- no one is able to predict what the balance is going to amount to.
.Mr. Mix felt that the idea of "windfall profits" tothe person who takes his
land out of the Williamson Act and~sellsit was somewha[ illusory for the
:following reasons ..... 1) The rate of inflation. 2) pe~al~Ti'~ii~pos~d.
by the Williamson Act, namely.the cancellation penalty.
, Mr. Mix advised that he bas~j~his ~gum~[ in favo~ ~of.including this la~d
under the Williamson Act on several factors 1) ~ditional open space.
2) Coastline initiative. 3) california Government Code relating to ~neral
Plans, Which ~s~ablishes that any General Plan must provide for population
density ~ district. 4) Actions o~ the Environmental Protection ~ency --
in many areas they are requiring less intensive land use because of smog
problems. 5) If more intensive use of this par~l were allowed at some
future date, possibilit~ of being ~ons~dered,"spo~ zoning".
Following additional discussion with regard to the above comments, it was
moved by Councilman Diridon'and ~eConded~by Counci,lmah Bridges that the
public hearing be closed. The motion was carried. The public hearing was
closed at 8:45.P.M..
It was moved by Councilman Bri~ges'!and seconded by 'Councilman ~aus that
the Council uphold ~he recommendation of the Planning Commission and grant
the request fo~ the City to enter ~nto a Land ConServation ~reement with
the applicant, subject to receipt ~of the Offer of Dedication for the walk-
way easement fronting this property. The motion was carried, 4 to 1 in
~avor,
VII. CO~UNICATIONS
A. ~ITTEN
1. Mr. and Mrs. A. Johnson~ Woodshed ~tiques, Clovis, Calif., requesting
the City grant a variance to a~low continuance of Azule Shopping Center
Antique Trade Faire..- Referred' to Planning Commission.
2. Mr. Joseph T~ Hootman, Sierra Club - Los GatoS, Saratoga, Cupertino,
Monte Sereno GroUp - Re: BicyCle Route System - Comments to be considered
at the public hearing on this .i~ssue in February or March.
WRITTEN COMMUNICATIONS (Cont'd.)
3. Mr. Rex A. Brunner, West Valley. Chapel, Los Gatos Re: 1973 Statistics
for Ambulance Calls Run in the City of Saratoga. - Noted and filed.
4. Mr. James A. Rodrigues reque~tlfor appeal of denial by Design Review
Committee for a new single-family residence at the end of. Woodbank Way. -
Scheduled for public hearing on February 6.
5. Mrs. A. C. Hinkle, 3222 Kirk Road, San Jose, recomm~n4ing that Mrs.
Betty Rowland be allowed to continue with the business of the Azule Flea
Market. - Re£erred to Planning Commission.
6. Henry P. Kaplan, M.D., 20745 Sevilta Lane, expressing opposition to the
request for a variance at the Azule Shopping Center fgr the Antique
Trade Faire. - Referred to Planning Commission.
7. Mrs. Joan Skinner, 1491PrincejEdward Way, Sunnyvale, requesting that the
Council give consideratiom to ~llowing continuance of the Azule Antique
Show and Sale. - Referred to P~anning Commission.
8. R. J. and Patricia Knapp, 20885 Wardell Road, requesting that they go
on record regarding unavailability of their property for an access road.-
This will be considered atthe time the General Plan Review comes before
the City Council. ~
9. Mrs. Verla L. Evans, 18519 Ravenwood Drive, urging the Council to adopt
an ordinance prohibiting the use of Ravenwood Drive, Marilyn Lane, and
Marshall Lane as a turnstike for heavy transport trucks. - This will be
considered when the Truck Rout~ Ordihance comes up.
10. Dr. and Mrs. John Nora, 14080 Alta Vista Ave., requesting the Council ta~
steps to see that the hazardess condition involving a leaking storm drain
which cuts across their property and drops into Saratoga Creek adjacent
to the property is corrected. - Staff to investigate.
B. ORAL
1. Request by H. Peter Becker for~Building Site Approval.
It was moved by Councilman KraUs and seconded by Councilman Diridon
that Resolution SDR-1056, granting Final Building Site Approval~ be
adopted. The motion was carried.
VIII. ADJOURNMENT
It was moved by Councilman Bridges and seconded by Councilman Kraus that the
meeting be adjourned. The motion Was carried. The meeting was adjourned at
9:25 P.M.
Respectfiully submitted,