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HomeMy WebLinkAbout02-06-1974 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, February 6, 1974 - 7:30 P.M. PLACE:' Saratoga City Council Chambers, 13777 Fruitvale Avenue, ~aratoga, 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 Bridges, seconded by Councilman Diridon that the minutes of January 17, 1974, be approved. The motion was carried. II. BIDS AND CONTRACTS; None. ·III. PETITIONS, ORDINANCES, AND FORMAL RESOLUTIONS A. ORDINANCE NO. 38.54 Ordinance Granting a Franchise to Communications Systems Corporation to Construct, Operate and Maintain a CaBle Television System within the City of Saratoga. Due to the inab'ility of the ap. plica~t's attorney to communicate with the applicant concerning several areas of concern, i.e.~.Y~e~n_g~_t~f_t~h.~!~ franchise and (2) actual implementaVion of the ordinance and construction, it has been requested that action on this matter be postponed for one week. ~i~gg ~ b%ie~ 7di~,~us~ion by the Council, it was moved b~ Councilman Dwye~d' ~ec~a~e~'~'~uncilman Kraus that this matter be continued to ~.~u~'~r r' ~e~ i~'n February 12.7~_f974. The motion was carried, B. PETITION BY RESIDENTS IN THE NEIGHBORHOOD OF DAGMAR AND MYREN bRIVE RECCMMENDING THATCMEASUR~S BE TAKEN~TO ELIMINATE SPEEDING IN THIS AREA The City Manager advised the Coun~cil he has discussed this petition with the Director of Public Works and has been linformed this neighborhood is one to be considered'~A~ the time the ~t_~_a~f'i_~u~.~ conducted. It was, therefor% his recommendation this matter ~e~er're~ back to staff for a report to the Council within thirty days. A resident of t~is neighborhood, living on the corner of Ronnie Way and Dagmar, indicated he didn't feel it would be beyond the realm of possibility to assume there have been at least ~en to fifteen accidents ~t. this inter- section. He further indicated the pro~seems .to be not only that of speeding, but also, people who do not drive on the correct side of the street; therefore, he didn't feel that signs would necessarily correct the problem. He testified that most of these events have taken place since the access road to West Valley College has been opened. PETITION - DAGMAR AND MYREN DRIVE Mr. Templeton, who lives on the corner of Dagmar and Myren Drive~ commented that he would be happy-to collect testimony from residents in.his neighborhood as documentation of the hazardess traffic condition which exists. in this neighborhood. ' '*' Another resident commented thatlas't week his car which was parked in front of his' home had been side-swiped by'a large truck Mr. John Harden of Ronnie Way was in agreement that the traffic problem has existed since the opening of the access to the college. After hearing further testimony,/regarding this C~iss~,~ the Mayor suggested that the City Manager's recommendation to refer this matter to the staff for investigation and agendize for thirty days be accepted. This was acceptable with the Council; the matter was therefore continued to the City Council Meetfng of March 20, 1974. C. PETITION BY RESIDENTS ON ALLENDALE AVE. FAVORING A'SIDEWALK TO BE PLACED ALONG THE NORTHERLY BORDER OF ALLENDALE AVE. BETWEEN PORTOS AND HARLEIGH DRIVES. of h~ have requested The City Manager advised that the residents ~t "s?area their petion be withdraWn from the agenda at this time. IV. SUBDIVISIONS, BUILDING SITES, AND ZONING REQUESTS A. SDR-101.5 DR. EDWIN PINTO, UPPER HILL DRIVE - 1 LOT It' was moved by Councilman Dwye~ and seconded by Councilman Kraus that Resolution SDR-IO15-1, granting Final Building Site Approval, be adopted. The motion was carried. B. TRACT 4193 PETER PAULOS, TEN ACRES ROAD It was moved by Councilman Dw~er and seconded by Councilman Kraus that the Council accept improvements!o~__~hi~isi~e~'~or~on~'~tr~ction oniy. The motion was carried. C. TRACT 4967 PETER FITCHEN,,INC.:, ANZA DRIVE . Works ~x~_ _ _ by Upon the recommendation of the-Director of Public ~i'~.wa~F~moved Councilman Dwyer and seconded by Councilman Kraus.that Resolution No. 36-B-144, Accepting Dedication of Streets, be'adopted. The motion was 'carried. D. TRACT 5244 OSTERLUND ENTERPRISES, COX - SARATOGA AVE. It was moved by Councilman KrauS and seconded by Councilman Diridon that the Council accept improvements on this site for construction only. The motion was carried. V. PUBLIC HEARINGS A. JAMES A. RODRIGUES, WOODBANK WAY (SDR-1073) Consideration of an Appeal of the Planning Commission Decision to Deny Design Review Approval for a New Single-Family Residence on Woodbank Way The City Manage~ called upon Mr. Charles Rowe, Acting Planning Director, to give a summarization of the background in this appeal. Mr. Rowe, in turn, -2 - JAMES A. RODRIGUES~ WOODBANK WAY (Cont'd.) read aloud the Planning Departmentzstaff reports of February 1, 1974 and January 9, 1974, which reports give explanation and justification of the Planning Commission's decision to 4eny Design Review approval. The City Manager then presented letters which he had received inc~oo~t~o'o~nn~ with this appeal, as follows: In favor of proposal Holding objections A. H. Campbell, 18632 Woodbank Way Mr. and Mrs. John Mascali, T. J. Hartung, 18627 Ambleside Lane 18653 Woodbank Way · Mr. and Mrs. Karl Peterson, Mr. and Mrs. John Terry, 18600 Woodbank Way 18675 Woodbank Way Mr. and Mrs. Jonathan Roeloffs, Mr. and Mrs. Elwin Stocking, 18665 Woodbank Way 18674 Woodbank Way Mr. and Mrs. Leroy olson, 18661 Ambleside Drive R. E. Walsh, !864_0 ~oo~ba~k ~ay_ ~ ........ The.Mayor then opened the public hearing at 8:05 P.M. Mayor Smith indicated it is his recollection that matters such as this in the past have been granted a hearing de novo. He further indicated the Council could proceed this evening ~to explore the matter or continue to the next regular City Council~eting to allow the Council and staff the opportunity to view this site. Mr. Rodrigues commented that it wast his feeling the Planning Department had made'up a number-of models for the specific purpose of visual inspection of his property. Mayor Smith explained that the Council hould get a better perception by actually viewing the site. Mr. Rodrigues agreed this would be acceptable with him if th~ Council felt it necessary. It was, therefore, moved by Councilman Diridon and seconded by Councilman Kraus that the hearing de novo be contin'bed to~the next regularly scheduled meeting (Pebruary 20, 1974) to allow those interested parties the opportunity to go out and view this site. The motion was carried. VI. ADMINISTRATIVE MATTERS A. MAYOR 1. hil Commission. 2. A~vised that letter has been issued to school district's informing what the City is doing re: Bicycle Route System. 3. Cupertino soliciting the City~s~comments re: name change for Saratoga- Sunnyvale Road. 4.Announced Executive Session following this meeting to discuss matters of personnel. B. FINANCE 1. Payment of Claims The City Manager brought to the Council's attention tOeWarrant No. 18732 to Valley Title Company for ann~al payment on Kevin Moran Park. It was moved by Councilman Dwyer and seconded by COuncilman Kraus that the list of disbursements, 18634 thru 18732, be approved and the Mayor be authorized to sign the'warrants. The motion was carried. - 3 - Co COUNCIL ADD COMMISSION REPORTS r. -Parks and Recreation Commission.- R~commendation to Hire Architect ~ for Design and Development of . Brookglen Park. The City Manager,advised the Council that four architects have been considered for this project, and it is the staff's r~commendation Mr. Jack W. Buktenica be hired.! It has further b~en recommended that the architect be assigned additional projects for the purpose of com~ ~ining the work under one Contract, thus lowering the toteloire foot ~je~J_~o.~s,~_,~These'additional iprojects would be: '.1) landscaping of the Fruitvale Avenue median;,and 2) getting a landscaping plan for Saratoga-Sunnyvale Road median between Blauer and Verde Vista. The'City Manager further explained that the implementation of such landscapingis not in this yearns budget; however, with the transfer of Gas Tax funds, there Would be enough to cover the plans in this fiscal yeaV, and it could,be included as a budget in the next fiscal , ~ year. The estimated copt'~f0r this total proje&t would be $15,000~ The Councildiscussed'this p~oposal atsome length.' The City Manager felt it would be n~ce~sary ~o~'the Council to first determine what kin~ of landscaping pl~ and what ~evel of landscaping 'they wanted for these median strips~ . . ~ Councilman Diridon ~uggested the® Council consider bringing l'Saratoga BeautifUl" into the project and look at any suggestions or ideas this group might have. Mr. Follendo~ff~ommented that this ~y~!e ~f__p~Qject would entail many different considerations than some of the earlier landscaping projects Saratoga Beautiful has been involved with, and he could offer no ideas at this time. ............. I~"Was.the ~&ncense~ of the Council that further discussign o~ 'th{s matter be continued at the Committee of the Whole Meeting on February 12, 1974, at which time~the Parks and Recreation Chairman's comments could be heard. 2. Planning Commission - Consideration of Recommendation by Planning Commission for Commission to Act, on Behalfof · the City~ as the Architectural Control Committee · for 'Tracts5327 and'5408 of the George Day' Planned Community.~ The City Manager advised that the City Attorney, the developer, and the developer's attorney have scheduled a meeting on Wednesday, February 13, to try to resolve any differences, rather than transfering this respon- · f · sibility to the committee level., Mayor Smith asked that the City Manager report the outcome of this meeting. ~ ' I D. DEPARTMENT HEADS AND OFFICERS ', - t. Public Works - Speed Zoning Study:. Due to the complexi~y'gf this mat:ter,'the Mayor recommended this be agendized for the Committee of the Whole Meeting on February 12. -4- 2. Public Works - Status Report on' Discussions with Corinthian Studios Re: Proposed "No Parking" Zone 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 126' % Northwes[erly~ The Director of Public Works reported the owners of Corinthian Studios z"""- have agreed to utilize (f~e~jl..Betw~e~-fhe more southerly portion of the Corinthian Studio and Wells Fargo bank for the stopping, loading and unloading of vans. T~iszarrangement would be implemented on a six- month trial basis, and if a future problem shoul~ prevail, the matter would be ~gendized and reconsidered at that time. 3. City Attorney - Advised that th~ Cox Garage;has now been physically removed and he has received payment for costs of the judgement against Mr. Cox. E. CITY MANAGER Request to Modify Vehicle M~leage Allowance. It was moved by Councilman Dwyer and seconded by Councilman accept the City Mariagerms recommendation to increase the rate of vehicle mileage allowance to 12.5¢ per mile, and to review this figure semi-annually. The motion was carried. 2. Request to Accept Checks Received in the Amount of ~2~240 and ~500 for use at the Youth Center and to Establish a Special Account. It was moved by Councilman Dwyer and seconded by Councilman Diridon to: ~) accept the gift;(b) establish special account for the checks; and ~) establish the condition that none of this money be expended until the Council approves a program for allocation of these funds. The motion was carried. 3. Request by County tO Approve an Agreement to Purchase Tax Deeded Land to Santa Clara County Flood Control and Water District. It was moved by Councilman Diridon and seconded by Councilman Kraus that the City approve this transfer of property and the $2.00 selling price. The motion was carried. 4. Approval of Agreement Between County of Santa Clara and City of Saratoga to Accept Tax Deeded Property on Vessing Road. It was moved By Councilman)Diridon and seconded by Councilman Bridges that the City approve purchase of this parcel as recommended by the DireCtor of Public Works. The motion was carried. 5. Request in Garbage Rate Increase by Green Valley Disposal Company. The City Manager advised that a pubiic hearing to consider this request has been set for February 20, 1974. 6. Gardiner Park, Change Order No. 1 It was moved by Councilman DWyer and seconded by Councilman Bridges that the change order for improved drainage at Gardiner 'Park, totaling $2,124, be approved. The motion was carried. - 5 - VII. COMMUNICATIONS A. WRITTEN 1. John M. Kirkpatrick, 734 Blue S~ge Drive, Sunnyvale, Califordia, requesting they be allowed to enter into a beferred Improvement Agreement with the City of Saratoga fo~ their lot on Pike Road (SDR-1034) and the City establish a ~aximum doilar .liability on the lot. - After a lengthy ~. _discussion re~ardin~ this request~ it was the feelin~ of the Council the City could not recommend a'fixed amount for the impr6vements required. Howevery it was felt this should be referred back to the' staff~fo~ ciarification of the improvement ~. requirements to Mr. Kirkpatrick.l 2. Gary W. Hughes, 15254 Quito Roa~, expressing opposition to truck route on Quito Road. - Truck Route Ordinance to be introddced at regular meeting of February 20. 3. Margaret De Lain, President, 'Calif6rnia Association of the Physically Handicapped, Inc., urging the a~option of the 1973 BUilding Code asCsoon as possible. - Noted and flied; City ManaSer to respond. 4.I A. H. Campbell, owner, property ~at'18632 Woodbank Way, indicating he has no objection to thepropose.d Rodrigues~home (SDR-1073) and urging Council's approval. - De novo hearin~ set for FebruAry 20~ City Clerk's office will n6tify~ 5. James A. Rodrigues, 14975 Quito Road, detailing their considerations in deciding on the design of their'proposed home on Woodbank Way. - Same as above. 6. T~ j. Hartung, 18627 Ambie~ide Lane, supporting J.A.' Rodrigues' application(SDR~1073). - Same as.above. 7. Mr. and Mrs. John H. Mascali, Mr. and Mrs. John Terry~ and Mrs. and Mrs. Elwin M. Stocking, residents onWoodbank Way, supporting the Planning C6mmission's decision re: Rodrigues property (SDR-1073). - 8ame as above. 8. Residents on Allendale A~enUe requesting withdrawal of their names from the petition submitted favoring!a,sidewalk between'Portos and Harleigh~ - Cpe~withdrawn. 9. Mrs. and Mrs. Karl Peterson, 18600 Woodbank Way, in favor of the J. A. Rodrigues application for two-story home on Woodbank Way.'- Noted and filed. City Clerk's office to notify of De novo hearing set for February 20. 10. Mr. and Mrs. Jonathan'Roeloffs, 18665 Woodbank Way, in support of Rodrigues application for h6me on Woodbank Way. - Same as above. 11. Mr. and Mrs. Leroy Olson, 18611 ~Ambleside Drive, indicating 'they have no objections to the proposed multi-level two-story h6me on Woodbank Way (J.A. Rodrigues). - Same as above. 12. R. E. Walsh, 18640 Woodbank Way, requesting that the city council allow Mr. Rodrigues to proceed with building of his proposed home on Woodbank ................. ~y.- Same as above. VIII. ADJOUR~ENT It was moved by Councilman Bridges and seconded by Councilman Dwyer that the meeting be adjourned to an Executive Session followimg this meeting,,and an Adjourned Regular Meeting Tuesday, February 12, 1974. The motion was carr~d; the meeting was ~djourned at 9:25 P.M. ectfu itted, R - 6 -