HomeMy WebLinkAbout10-02-1974 City Council Minutes MINUTES
T]I~E: Wednesday, October.2, 1974- 7:301P.M.
PLACE: Saratoga City Council Chambers, 13777 Fruitvale Ave., Saratoga, California
TYPE: Regular Meeting
I. ORGANIZATION
A. ROLL CALL
Present: Councilmen Bridges~ Diridon, Smith
Absent: Councilman Kraus
B. MINUTES
It was moved by Councilman Bridges and seconded by Councilman Brigham the
minutes of September 18, 1974 be approved. The motion was .carried.
II. BIDS AND CONTRACTS
A. A.C. OVERLAY PROJECT, VARIOUS CITY STREETS (LEO F. PIAZZA)
It was moved by Councilman Diridon and seconded by Councilman Brigham the
work on this project be accepted and the staff be authorized to file the
Notice of Completion. The motion was carried.
B. BUCKNALL AVENUE STORM DRAIN
It was moved .b..y Councilman Bridges and seconded by Councilman Diridon Change
='0~d_er; No. 1 in the amount of $6,682.00 be approved, and the work in th~
project be acce'pted and' the staff be authorized to file the Notice of
Completion. The motion was carried.
C. GARDINER PARK, PORTOS DRIVE
It was moved by Councilman .Bridges and seconded by Councilman Diridon the
work in this project be accepted and the staff be authorized to file the
Notice of Completion. The motion was carried.
D. CONTRACT AGREEMENT TO ENGAGE THE, SERVICES OF ENVIROS AS A 'CONSULTANT AND
ADVISOR
It was moved by Councilman Diridon and seconded by Conncilman Brigham the
Contract Agreement~b~tW.e. en the City of Saratoga and ENVIROS be approved for
an amount not to exceed $2,500.00. The motion was carried.
III. PETITIONS, ORDINANCES AND FORMAL RESOLUTIONS
A. PETITION RE: ANNEXATION OF PARCEL TO CITY OF SARATOGA
· ~' Heff~k~,I ':As~'f~t~' ~i~he~'~t~'~Mh~a~er~'~ ~{~e'~ jt~l~:~s~
,":~y:4~5~eo~a':t~ i~fjd~-~p~_ra~s.~17-'15jo28~/51'~tB~O31:,' 51'7:i:5-0~2 and'=
~5~7-1.5=033 in~the:'D~b~ ~e~f~i~&f~ih~;ci'ty '6~S~at~d=g~,' with t~
It was moved by Councilman Bridges and seconded by Councilman Diridon this
matter be referred to the staff for analysis and a report back to the Council
in 30 to 45 days, The motion was carried,
B. RESOLUTION NO. MV-83 ,
Resolut'ion Establishin~ Stop Sign Locations in Pride'S Crossin~ Area
of Saratoga
Fir. Hendrickson advised th~s 'resolution implements the action taken at
the previous ~ity Council Meeting regarding stop ~ign locations in
.Pride's Crossing (Pride's Crossing Traffic Interruption Study). He
indicated there was an item of c~rrespondence received sinqe the last
meeting from: Stuart a~d~Loretta Hill, 12680 Brookglen Court, requesting
that one of the stop signs'which would front on their property be deleted
from the proposal as it ~as tentatively approved'. This is the stop sign
on the.corner of Brockton, Brookglen Court and Brookglen Drive.
The ~irector of Public Works indicated there would be no problem in the
deletion of this stop sign from the plan.
It was moved by Councilman Diridon and seconded by Councilman Bridges
Resolution No. MV-83, ~ mg~e~%~be adopted. The motion was carried.
IV. <S~BDIVISIONS, BUILDING SITES AND ZONING REQUESTS
A. SDR-223 GRACEMETHODIST CHURCH~ PROSPECT ROAD
It was moved by Councilman Bridges and seconded by Councilman Diridon the
storm drain project, from Grace Methodist Church c~o~ Scully Avenue, in
the amount of $12,530, be approved, ~nd the City be authorized to reim-
burse Grace Methodist Church f~[~h'~!~unt. The motion was carried.
B. SDR-923 DONALD A. PERATA,.PIKE ROAD
It 'was move~.by..CoUDci__lman Diridon and ~eC?~ded by Coung.i_!lman_Br~gham~
R@SpJution~No~~ SDR~23~,.rS~g-92~2, .and~SDg-9~3,_-~rant~ F~i ~u~ing
~i't~ ~r~val~ be~a~o~t~d. Th~'~tio~ ~as carri~d~ ..............
C. TRACT 5583 SARATOGA FOOTHILLS, DOUGLASS LANE
It was moved by Councilman Diridon and seconded by Councilman Brigham·
Resolution SD-1122-1, granting Final Map Approval, be adopted.
VI. ADMINISTRATIVE MATTERS (Public Hearings to follow after 8:00 P.M.)
A. MAYOR
1. Advised he had received communication regarding flu~ shots for senior
citizens. Councilman Bridge~ suggested a copy of this notice be forwarded
to the Sunset Club for d~ysem~nation_to Seniors.
B. FINANCE
1. Payment of Claims
It was moved by Councilman Diridon and seconded by Councilman Bridges
the list of disbursements, 20011 thru 20102, be approved, and the M~yor
be'authorized to sign the warrants. The motion-was carried.
C. COUNCIL AND COMMISSION REPORTS
1. Councilman Brigham - At the last meeting of the Planning Policy Committee,
there was discussion regarding an Urban Development
Objectives Program and the Community Services Act.
He felt it' should be investigated if the City of
Saratoga c~uld be eligible to receive funds under
this act.
It was suggested this matter be scheduled for a
future Committee of the Whole Meeting.
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2. Councilman Brigh~ - Reported that at the last P.P.C. Me~ting the issue
of the Trails System was discussed; however, no
action was taken. 'It is anticipated action will
be taken on this matter in the near future.
3. COuncilman Bridges - Reported that the Transportation Commission at its
meeting of September 25th, adopted the 3 Year F.A.R
Program!as outlined in Santa Clara County Transpor-
tation Commission memorandum, dated September 17, 1974.
He advised this matter would be forwarded to the
Board of Supervisors for final action on October 9.'
D. DEPARTMENT HEADS AND OFFICERS
1. Director of Public Works - Report Re: On-Street Parking Problems Near West Valley College
Mr. Shook advised the Public Works Department is unable to implement
the resolution (MV-82) which imposes the temporary parking'restriction
along certain streets inthe area of the college campus because of non-
availability of materials. He indicated his staff would keep this area
under observation to see if it has graduated to something more than a
temporary 'situation; ~-S~' '~__t~y would take steps to ,implement the ~
:~._ l~Y{0~:pri~rTtq_~e'=~pring~semest~r~to~asSu~ Effa't~h~dble~ d'~?not
~e~e~ i~self. Mr.'ShOok indidd[~th~ resolution would be' impl~dnted
to include Douglas Lane, Kenosha Court and Minocqua Court, as requested
in.a. petition from residents in this area.
Councilman Brigham asked if the City Manager had arranged to meet with .
the Board of Trustees at the College in order to discuss this problem.
Mr. Hendrickson indicated this meeting date had not yet been established
and that he woqld ask the City Manager to try to get a meeting set up
· within the next 30 days.'
2. Director of Community Services - Recommendation Re: Expenditureof Rino Fantino Estate Funds.
Miss B~rbara Sampson, Director of Community SerVices, advised that the
Community Center Director~s proposal for expenditure of these funds is
C as follows:
$ 500.00 - Sports'league open to Junior%High and High School
students who are not participating in interscholastic
spor. ts.
$ 500.00 - Film series program involving rental of popular movies to be shown during the winter months.
$2,000.00 - Replacement of 7-year-old carpet and linoleum at Community
Center.
Miss Sampson advised it is her recommendhtion this expenditure of funds,
as outlined, be approved.
It was moved by Councilman Bridges and seconded by Councilman Brigham
the proposal for expenditure of the Riho F~ntino Estate Funds be approved.
The. motion was carried.
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V. PUBLIC HEARINGS
A. VILLAGE PLAN, CITY OF SARATOGA (Cont'd. 9/4/74)
Hearing on Adoption of Village Plan Element.of 1974 Saratoga General Plan
Mayor Smith indicated this matter was discussed at a Committee of the
Whole Meeting on September 24th, at which time two areas were raised:
1) 1st Street entry between Big Basin Way and Saratog~-L0s~atos Road; and
2) extent of "commercial" zoning -- whether it would go to 5th Street
or beyond that point.
Mr. Hendrickson advised there is an item of correspondence from the Chamber
of Commerce opposing .~he=.~opo~9d ;~i~na~!op~of~the commercial 'area ~rom
5th Street to 6th Street. He then read this letter and indicated it would
become a part of the file on thip'matter.
Mr. Robert Ironside of Williams and Mocine addressed the Council. He
stated that the Village PlaB was based on an analysis and h~story of retail
sales, as well as measurement ofthe foyer area. TSe conclusion was that
the Village is substantially under-utilized, and there is a lot more business
that could be done in the Village without any extension of the foyer.
Secondly, Fir. Ironside commented he feels there is substantial room for
expansion in the center of the Village, and there are many cases where
these old buildings do not fully occupy the parcels they are on. He
commented that becauseof the length of-the street, it is very difficult
to achieve the pedestrian orientation in the Plan without substantial walking
distance; for instance, a shopping trip to 2 or 3 stores would necessitate
moving the car 2 to 3 times. He indicated it was their recommendation side-
walks on Big Basin Way be widened and landscaping be added to give people
an incentive to spend more time on foot, rather than in the car.
Mr. Ironsi~e, advised that the recommendation to discontinue the commercial
area .6~ 5th ~reet is based on the following facts: 1) the Village needs
very f~t'tlecbm~ercial area, and if, in the future, there is a need for
more commercial area, it should be centered in the Village itself;
2) non-commercialland is more valuable because there is a market, and
their recommendation would~__tth~j~tBe area westerly from the curve on
5th Street~.~esidentially developed, thus providing more people and more
activity.
Mayor Smith ~ommented that ~her~a~s'~a~u~s~ahti~ll~o~nt~o'f~'~mm~rdi~'TM ':-'
~8~n~.~'goes between 5t~'~'r~"~n~ the bend, an~ 6~re is the p~&s~
bility zoning in this area might become "spotty" and non-conforming with
the General Plan.
Mr. Ironside commented that he feels it is a matter of whether that area
west of 5th Street issufficiently commercialized, regardless of zoning.
. He felt, also, if you establish a pattern, you should establish it for both
sides of the road.
A~ far as additional commercial land, Mr. Ironside stated the existing
commercial floor area is sufficient to handle substantially more retail
sales than it handles now. He indicated there is a lot of additional space
in the existing buildings, as well as on existing sites, for expansion of
business.
Mayor Smith indicated that many of the merchants have argued that given
present use of the existing buildings and the fact the parcels are small,
would.5~ve an impractical effect with regard to access and would create an
additional traffic problemS"
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VILLAGE PLAN (continued)
Mr. Ironside indicated that as far as access is concerned, the consultants
did not go to~the level of surveying; rather, the tone of the Village Plan
is intended to Be inspirational, in an attempt to create some ideas and
also give people an opportunity to get together and organize their ideas.
Mr. Ironside suggested~before throwing ~h?.,~"~S~~' Plan"out,~-~'
the following considerations be given: f~he'~re~ ~'~d~tio~al ~d '.
more detailed work to see if there is some way of gaining access, and
possibly consider a trade-off; 2) Consider the provision for turning from
Big Basin Way. onto Saratoga-Los Gatos Road.
Mayor Smith asked if there was anyone present in the audience who would
like to comment ~n this issue.
{D~ale English, representing Wells Fargo Bank in the Village, indihated she
would be opposed to i~nclosing th~ frontage road onto Saratoga-Los Gatos
Road in that it would cause a traffic hazard eecause of people slowing down '
to enter the parking lot. Also, she ~ommented'~H~'~'a~"d~'{lnd{~&t~n ......
exit from the drive-up window. It was also her concern that Corinthian
Studios would have no access to their own drive for loading and unloading;
therefore, they would have to use the bank's road. Miss English recommende~
that this consideration be ommitted from the Planand a more agreeable
solution be worked out.
Mr. Halpin, one of the owners Of the Corinthian Studios,'addressed the
Council and indicated that he and his partner are in opposition tO the
proposed closure of this frontage roadSfor the' following reasons:
1) No facilities for the Studlows service entrance; 2) Problem in that it
would provide no pedestrian use.
Mr. Halpin 'commented that he would like to~a~sR~ any experienced truck
driver how he can negotiate his truck into a~out of the proposed access
to this property. He indicated that it would cause a traffic hazard, and
it would bephysically impossible to exit, and he felt the City should
consider the legal complications in such a move.
Mr. John Erwin~r-?s~5g~qL~.f_!I~d~i~.e'j.'h~_~s~qod~k 'f~rm
located between 5th and 6eh Street, and it was his recommendation .this
property remain in its present zoning. Mr. Erwin.stated he was one of
the people at the time this property was being considered under the General
Plan, who recommended that it become commercial zoning, and now he has spe~
considerable money in trying to improve it. It was his feeling the Village
has benefited continuously from this property.
Mr. Walt Gildwin,~_~the property at 14596 Big BasinlWay, indicated
he would have to d?~a~re~ ~ith the Planner who repor~that the store area
on sales per footage space is way down, however, he didn't thinR the City
wanted another Eastridge or Westgate. As far as trying to devefop a con-
centrated within walking distance, it was his feeling you"h~av~TM ~
~atk much farther at Eastridge or Westgate tha~ you do in the Village.
Also, he felt there is plenty of room on the present commercial sites to
expand the stor~s, and he thought possibfy3we should consider converting
that area for parking, rather than expand~he storesSand push the cars out
onto the street.
Mr. Sam Hernandez, 14626 Big Basin Way, indicated if this Plan goes through
as proposed, the Victorian Village would have to revert back to its original
Zoning. Mr. Hernandez commented that he agrees with a lot of things Mr.
Ironside proposes, but Re~i_~agrees with the idea that existing buildings
can be expande~, in that behind some of these buildings there is nothing b~
a cliff. He felt if we ~ere going to expand them, we should have done so
VILLAGE PLAN (dontinued
several years ago.
Mr. Hernandez indicated he wanted to make a~arf'f~ic~F~'~f~T~t'~e~'~'~-r~ceived
and read this evening from the Chamber of Co~merce,~'f~"~'~h~e7 'di~nn'~'~ean
to bring the curve back to 6th ~'treet. It is the desire of the ~amber that
the zoning remain as it is.
Mr. ~rnandez indicated he agrees 'with the Planner that we should have more
dwellings in the Village; however, across the creek, behind Wildwood, that
is something that should be zoned "multiple", and he felt this would enha ce
the property. ~ far as doing more business, Mr. Hernandez felt these
people should get up in the mornings and start doing business and start
staying open later. He felt it would be a real dis~e to the community.
to revert <t~oning back to the way it used to be.
A citizen in the audience co~ented that she didn't feel it would be fair
to take this zoning away from these property o~ers after six years.
It was then moved by Councilman Diridon and seconded by Councilman Bridges
the public hearing be closed. The ~blic hearing was closed at 8:36 p.m.
Mayor Smith commented that at the Committee of the ~ole Meeting on this
issue, some of the points addressed this evening were ~entioned at that time.
~With regard to the turning point to the First Street access, he felt it
would be more ~easonable to address a park or some kind of entryway at that
point. He felt that to put a hope do~ and then decide something less than
a~pecific plan isn't reality.
With regard to the other point, Mayor Smith stated that it would seem to
him that although all of these lots are capable of further density, the
spirit of the Village itself is low density, and there is a freedom between
buildings. ~yor Smith stated he would be in support of the V~i a e . ~ ~
1 g ~ an,~) th
these 2 points in mind: 1) Retain "commercial" zoning as it is today; and
2) lea~e the present configuration of 1st Street as it is.
Councilman Bridges commented he Would be in agreement with the Mayor's
second point; however, he would hope we wouldn't eliminate all considerations
for improvement in the 1st Street area. He felt there should be so~e kind ~
middle-ground that we could strive for.~ ~~f~~,a~
<b'il-fe~pf increased residential housing in thjV~l~g~?~a~'{~l~'~he
n~th'~f'ly side of the street, and to withdraw the commercial zoning from
that area would preclude anyone co~ing in with some plans.
Councilman Diridon felt there are two ways to increase sales~q~e fo~t(]~f
commercial area: 1) increase the market in the nearby residential rea ~d
;~a
~inc~h~ct. He further indicated he would like toSs~e somethUg
'~rfftl%~'~e than we now have, particularly in the area of Big
Basin Way adjacent to Wells Farg9 Bank and south ~far as f~asible. He
indicated he would like to work with the access problem at ~e bank and
Councilman Brigham commented he felt strongly about keeping ~he co~ercial
zoning. He felt it was good for the Village to have this little expansion,
and also good for competition in the future. However, he indicated he has
a problem with the turning onto First Street as he felt there would be a
traffic hazard in this location; therefore, he felt there should be some
studies made b~fore further looking into this proposal. He felt it was a
good long-range plan, but it shouldn't be implemented right away.
After some ~al discussion of thes~ issues, it was moved by Councilman
Diridon and seconded by Councilman Bridges to adopt th~ Village Plan, with
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the amendment that the area between 6~th Street and the Village on the ~outh
'~ide and be~ween(-~-~~~fffa~on the north side continue as
"commercial" .~0ning; andSthe ~a[l'~n'~Y~=f~ St~eet~e considered as a long'
range objective and subject to study. The motion was carried.
B. ORDINANCE NO. 38.59 (don~'d. 9/4/7~ and 9/18/74)
Ordinance of the City of Saratoga Amending chapter 3 Of the Saratoga City
~.ode by ~_d~nJ Article VII There0f~ C~ptioned '~iscellaneous Provisions"~
and Adding Section 3-50 Thereto, Et Seq. Re: The Fencing of Swimming Pools
and Open Bodies of Water-
The Mayor advised the ordinance bef6re the Council this evening indicates
some revisions, as discussed in the September 24th Committee of the~Whole
Meeting. He outlined these revisions, as follows:
Section 3-50.1. Definition - Body of Water - clarifying "body
ofwater" to mean
any body of water over 18 inches in depth at any point
Section 3-50.~,~ Fence Required - indicates that "Every'body oR
water-in the City'of Saratoga
shall be completely' enclosed by a fence of notless than 5 feet
in height from finish grade measured on the outside of such fence."
· Section 3-50.3. RetroaCtivity~- revised to indicate~h'~t within
-six months from the date of
adoption of this ordinance, all existing bodies of water shall be
completely fenced.~
He further stated there is w~thin the ordinance a provision for variances,
and we have incorporated by reference the following criteria (Resolution
No. 712):
1) Where a pool has a solid or semi-solid barrier surrounding
it having easy access to the immediate pool area, including,
without limitation, hedging or solid vegetation screening, or
natural earth berms, of 5 ft. or more in height, or where a
perimeter slope exc.eeds 15% in grade;
2) Pools located in areas where the general loc~tion are surrounded
or totally obstructed by natural features of the land or other
physical obstructions.capable of effectively screening both
physically and visually from general public access;'
3) Pools on extraordinary shaped or sized single-family lots where
the pool is located a minimum of·150 ft. at its closest off-
site point to both street access and the closest residential.
structure, and specifically where the principal residential
structure is located between the pool and street access.
The Mayor then opened the public hearing (8:55 p~m.) '~
Bob McClure, 14332 Maclay Court, addressed the Council and indicated he
had decided to dig in and find out what the facts in this ~s~ue were. Mr.
McClure indicated he attended the last City Council meeting when this sub-
ject was discussed, and the principal concern seemed to be that of preventing
the 0 to 4 age group'from falling into a pool and drowning. It seemed that
t · o c'g : ) c
(~cC"'~'ur~f~t the, basic/~ason"Eh~'~6'Fd'i~fince i'?'b~f_~ .conside~'~ ~s' Foresee
how many ti~es we can save.
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ORDINANCE NO. 38.59 (cont'd.)
Mr. McClure presented some documentation from the National Safety Council
as to how people die in the United States. He indicated that it is reported
that 117,000 people die of accidental deaths, of which 55,800 die in auto-
mobile accidents, 10,200 die in work-related accidents, 25,000 die in public
accidents and 26,000 die in home accidents. Of those who died in home
accidents, 850 were drownings~I ~M~ McClure reported there were 7,300 public
drowning accidents. He stated that an anylisis of these figures would
indicate that all of the public deaths occurred in open bodies of water.
He then elaborated on the 850 home drowings, stating that 39% occurred in
pools, 26% in bathtubs, and 35% other.
Mr. McClure continued by reporting that in Santa Clara County there were
4 drownings in home pools in 1973 and also in 1974, and every one in a
fenced pool. This amounted to a 3% fatality rate in home pools. In using
the National Safety Council's figures, Mr. McClure stated Saratoga might
expect 1 child to drown every 17 years and 5 months. Also, San Jose and
Santa Clara have! learned that fencing does not prevent toddlers from
drowning, and the National Water~ Safety Council has concluded that the only
way to protect youngsters from water hazards is to supervise them at all
times.
Jean Sampson, who resides on Sunnyside Drive, addressed the Council and
stated that these statistics seem to be very conclusive and they seem to
sway the issue of the swimming pools. She then quoted a comment from General
William Westmoreland who had become associated with a large number of
casualties, and when asked how he felt about this, he had replied: "One
casualty is too many." Miss S~mpson commented this is the reason her group
~eels strongly about.this ordinance, and they don't want a statistic and a
situation involving the loss of a life. Miss Sampson felt there has been
general interest sho~wn for this ordinance from all portions of town, and
the variance section'of the ordinance is very gener6us and the ordinance is
very reasonable.
Peter Sa~inas, 20812 Fourth Street, commented that he sees this in=a com-
pletely different point of view than the previous speaker, and stated that
he sees a fence around any body of water as an attractive nuisance. Mr.
Salinas stated that if you have a fence around a sand pile, a youngster
will climb over that fence to get into it, and if you have a fence around
a pile of junk, he will climb over the fence; therefore, he felt by fencing
the pools, we would accomplish the opposite result.
Mayor Smith clarified for Mr. Salinas that the pool at the Gatehouse Con-
dominium would most likely fall within the exceptions of this ordinance.
Mr. Salinas indicated, however, that he was not speaking on behalf of the
Gatehouse, but the effect of this ordinance on the entire community.
Mrs. Grens, 14351 Old Oak Way, indicated she and her neighbor, Mrs. Persing,
both have letters they would like to have read this evening. Mr. Hendrickson
read these letters, both expressing opposition to the proposed swimming pool
fencing ordinance, and the Mayor advised the letters would become a part of
the fileLon this subject.
Mr. Nalywajko, a citizen of Saratoga, stated that he moved to Saratoga
approximately one month ago, and one of the reasons he moved here was that
there are no fences. Mr. Nalywajko felt it is apparent these drownings have
occurred in the child~s own pool, resulting from lack of supervision.
Therefore, it was his febling this ordinance would accomplish nothing and
would do nothing to prevent accidents. Furthermore, he felt these people
should be responsible for watching out for their own children.
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ORDINANCE NOi 38.59 (continued)
Bill Merkle, who resides at the Gatehouse Condominium on Fourth Street,
commented that he feels what this ordinance does is solves a problem which
doesn't even exist, as the number of drownings in home pools is practically
zero. Mr. Merkle stated that right across the street from where he lives ~
a great big creek running through Wildwood Park, and he commented if the
Council is concerned about dro~nings, the first thing to do would be to
fence off that creek.
Another point raised by Mr. Merkle was that of ~nvironment, and he asked:
"Has anyone considered how Saratoga would look with 5-foot fences all
around?" He also asked if an E.I.R. had been prepared in connection with
this ordinance, and felt if it hadn't, it should be.
Gretchen Mack, who resides in Campbell, addressed the Council and stated
she has spent the largest part of 25 years trying to make children water
safe so they will not be water casualties. She stated that in these 25
years she has found the word "careless" to be.the. crime which causes a
child to become a water casualty, and not the fence. Miss Mack indicated
she has a pool with an 8-foot high fence, and she has added 4 feet because
it is in an area where she couldn't be there all the time. Above the 4
feet is a barbed wire. Two weeks ago 4 children climbed the fence and
jumped over a shed to get into the water. She indicated that fortunately,
she had an aqua blanket covering the '~ool, and the children ~ent ont~ the
aqua blanket and jumped up and down until it was shredded. Mrs. Mack
stated that she didn't feel so badly replacing this blanket as she would
have if it hadn't been there. She felt that the aqua blanket is a very
good thing and should be given consideration.
Miss Mack also commented with regard to the creeks, stating they really
are very dangerous and children are lured to the water. Miss Mack stated
she would like to know what the Council intends to do about the creeks.
Mayor Smith indicated that the creeks in Saratoga are under the control
of another jurisdiction. He then asked Miss Mack if the pool she speaks
of is at her own school.
Miss Mack replied that this Was A school; however, it is adjacent to other
residences. She indicated she would like to come ba=k to the fact that drowning
accidents happen as a result of carelessness.
Mr. R. M. Minnich, 21079 Michaels Drive, addressed the Council. Mr. Minnidh
commented that this is an~motional issue and Saratoga is an unusual city ~>
we have very few street I.ights; we have very few sidewalks; and we have
tried to~p it in open space -- it is what we like and why we came here.
Mr. Minnich further commented that when this whole thing is summarized, it
~oils down to the question: "Is there a need?" It was his feeling there is
no real problem, land to burden the citizens of Saratoga with this ordinance
and make a ~ungl~out of it would be a grave error; therefore, he indicated
he would hope the Council would see fit to turn down this ordinance.
Mayor Smith asked Mr. Minnich was still as strong in his argument even
after hearing the variance exceptions this evening.
Mr. Minnich indicated he still'feels if this is a problem, why haven,t we
had any accidents? Also, it was his feeling if a person is really con~ern~
about his child, he can give him lessons at 1 year of age. Therefore, he
commented: "If~you are really concerned about your child, take him to
swim school and teach him how to swim,l?rather than asking your neighbor to
construct a $2,000 fence."
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ORDINANCE NO. 38.59 continued)
Mr. Richard~Tho~as, a Saratoga resident, indicatedhe would like to ask
the question' of whether or not the items in the examples of'varianc'es are
cold, hard and fast, orare they' to be considered as e~amples.
Mayor Smith explained that the ordinance incorporates these items as
specific guidelines for ~he Building Inspector to follow in. granting
variances.' In addition, the variance procedure goes farther, and in cases
where the Building Inspect6r'determines the situation is within the law,
he can include this wfthin the variance provisions.
Mr. Gary Hart~ 1418~ Sobey Meadow~i Court, indicated in referring to the
Mayor~s comments at the last meeting that the Council is not concerned
about numbers, but the mer~s, he would like t~ ask that the Council~m~rs
bear in mind all the factors in connection with this ordinance and make
their individual judgments.
~bhn Gabreth, Douglass Lane, indicated he moved into his home 6 months ago,
a~d he is now in the process of building a pool. He indicated he has very
extensive landscaping plans which would b~ock off the pool. He stated he
moved here from a.tract area, the main reason being so that he wouldn't
have tO look out his back window and see a fence. He felt the major problem
is wi~h the .smaller lots in Saratoga, and the majority of those are already
fenced. He felt that the Council has~t every qbjection here tonight into
the category of the exceptions, and his basic'question would be: "Are there
any homes that dO~t fit these exceptions that'aren't in a tract area?"
Mr. Gabreth indicated he would be C~i~lently opposed tothis ordinance, in
~is a very inflationary m~a~U~e being considered at a time when
the city and the country are trying to reduce inflation.
Don Johnston, who resides on Sobey Road, addressed the Council, stating
that he has a 1-year-old and a 5-year-bid child. He indicated that he
does not have a p~ol; however there are 5 to 6 pools in the radius of 5
or 6 houses in. his .neighborhood. Mr. Johnston stated he has been list~n~Dg
to the arguments against this issue, and the Council seems to beL~
with these people who come up here the exceptions to the statutes tha[
exist. He then asked where the Council stands ~on this issue.
Mayor Smith replied that itis~he CounCil's duty to take ever~one's testi-
mony before making any judgment!.
Roy Anderson, 'who'resides on Highway 9 and Verde Vista, stated he has lived
d h ov ~ ~ in the age range the
concern seems tO be.~entered aroUpd'~his evening~ and he elected to enclose
the poolo with a ~enc'e. He.indicated'they have h~d a c~u~ of close calls
with children who were guests in their home; .however, he felt with or without
a fence, there is a'risk. M~..Anderson feIt there seems to be a sincere
desire on the part of the Counc{i t'o'provide an ordinance which gives them
the power to~act in a few i~[agrant cases where there is an obvious hazard.
He further commented that it Seemsto him the iife'a child cannot be equat~
to any amount of money, and he would hope the means for making'a ~judgment
wouldinot involve even one child's life in any.given period of time.
Bob McClure again addressed the Council and stated it is true everyone is
interested in saving lives~- but this costs money, and it was his feeling
if the City of Saratoga had~a~~ as it takes to fence all the pools
and had to consider if they were goxng'to go around and fence them, they
probably woutdno__~j~tbeca~se ther_~e~are other things that have more~.~.ri~ri.~ty,'~
He felt there areTmo~e things-fata~F't~e~ .'~uc~es
burns, poisoni~g ~nd a"'~i~om~Bi~Y'ees.~'~he=~r~l~in~ ~e"w~[d s'~riou~ly
suggest the possibility of fencing pedestrian traffic because pedestrian
accidents account for. over'10,OO0~ties per year..Mr. McClure felt.
- 10-
ORDINANCE NO. 38.59 (continued) -
the Council has to be very careful about passing.laws where there is no
real need.
Jerry~20087 chateua Drive,'indicated he would have to support the,
concept that if there are flagrant pools, we should have some w y~ o trol~
Mr. Hart asked why in the ordinance*~proposal were existing fences required
to be 3! feet.
MayOr Smith replied ~here were two'c~nsiderations in setting this requirement:
1) retroactivity -- to avoid hardship to ~hose'people who presently hav~ pools;
and 2) the Council felt 3! feet would be the minimum height requirements to
keep a toddler out.
J~anne~!~l.t,~Sobey Meado~s~R0ad, indicated she was one of the peopl~ who
signed the ll4-~igpature pet-ition, and she and her husband were opposed to
the ordinance originally. However, she felt the revised ordinance and its
exceptions would meet many situations. She commented that the ordinance se~ms
like '~good compromise. ~
Mrs. McInery, 19175 Monte Vista Drive, addressed the~ouncil and stated this
is the only legal recourse she has, and she doesn't want to lose a Child in
her nei~hbor's pool, which-is unfenced. ~
One citizen commented that he iS trying to get the ~xst of how this ordinan~
would apply. He indicated there would probably be an estimated 100 po~ls this
would apply to in Saratoga. He further indicated he felt it would be m~eh
less a burden on the people~have to manage this ordinance whereby those
. people who are cjncerned about specific instances bring it to the governing
board for action and enforce that ~ction, ~ather. %ban 100 pool owners coming
in and requesting the Building~.n~fo~F~o~come dut and look at all their
plans.
It was them moved by Councilman Bridges and seconded by Councilman Diri~on
the public hearing be closed. The motion was carried; the pnblit~ hearing
was closed at 9:50 p.m. ~ =
Mayor Smith commentedgar in this~ ordinance, we have tried to balance our
.~ ~ i they want to have more c~iteria added m
make the ordinance more liberal, this can be cons~eredL ~
Councilman Diridon commented ~hat the staff's findings with regards to some
of the statistics presented at the previous meeting were in variance to what
was reported, and in fact, it ~as been found that one insurance company refused
to grant coverage unless the pool was fenced. He ~lso commented he fe~t the
pools which fall under the Council~s concern are in the minority.
Co~cilman Bridges was of the feeling the~~a~mpts"-[0. ct~ the
rights of propert~ o~ers.
Councilman Brigham indicated he felt the ordinance, even in its revised draft,
is some~at unmanagable, and that it should be policed to a c~rtain extent.
It was then moved by Councilman Bridges an~ seconded by Councilman Diridon
Ordinance 38.59 be adopted, as w~l ~s Resolution N~. 71~, Establishing~ Criteria
for Swimming Pool Fencing Variances. ~e motion was carried, 3 to 1 in favor,
Councilman Brigham in ppposition.
- 11-
VI. ADMINISTRATIVE MATTERS (Cont'd.)
E. CITY M/LNAGER
1. Request to Set a Public Hearing Re: Public Nuisance on Property Owned
by Mr. Nejo Spaich, at 12175Saratoga-Sunnyvale Road and 20446 Miljevich
Drive. - It was moved by Councilman Bridges and seconded by Councilman
Diridon the public hearing be scheduled for November 6, 1974.
2. Appointment to Flood Control Zone Advisory Committee. - Councilman
Diridon suggested that Robert Shook, Director of Public Works, be
appointed as the City's representative to the Flood Control Advisory
Committee; however, alternate would have to be determined. Continued
to the next regular City Council Meeting.on October 16th.
Mr. Diridon further recommended a resolution be draftedlcommending
Mr. Bert Rawak for his 'service on, the Flood Control Advisory Committee.
VII. COMMUNICATIONS
A. WRITTEN
2.~Mary S. Wade, 14740 Farwell Ave., expressing opposition to proposed
swimming pool fencing ordinance. - Noted and file; City Manager to
respond.
.~! 3. William E. Glennon, Attorney, 11@ North Third St., San Jose, expressing
opinion regarding proposed swimming pool fencing ordinance. - Noted
and filed; City Manager to respond.
4. Jeri Weiss, Saratoga Youth Commission, thanking the Council and City
Staff for support and help in the success of the Youth Commission's
Wildwood Concerts. - Noted and filed.
5. Firs. Vib~et V. Enander, Clerk/Board of Directors, Santa Clara Valley
Water District, requesting that a member of the City's Planning Depart-
ment be added to the City's present representation on the~Flood Control
Advisory Committee. - Continued to October 16 Meeting.
6. California Association of Bi~ycling Organizations protesting the con-
structiom of bermed bikelanes within the City's jurisdictio~ - Noted
and filed; City Manager to respond.
7. Nicki Clark, Vice President Saratoga Chamber of Commerce, Re: Commercial
Zoning in the Village on Big Basin Way. - Noted and filed; City Manager
to respond.
8. R.M. Minnich, 21079 Michaels Drive, requesting that the City research
the need for a-swimming pool fencing ordinance before making a decision. -
Noted and filed; City Manager to respond.
9. Stuart and Loretta Hill, 12680 Brook Glen Court, requesting the addi-
tional 3-way stop sign placed on the corner of Brockton, Brook Glen
Court and Brook Glen Drive be eliminated from the plan in connection
with the Pride's Crossing Neighborhood Traffic Study. - Council action
to eliminate stop sign, per request.
10. Jeanne Griffith, 19796 Glen B~ae Drive, requesting that some provision
be made in the newly-adopted Business License Ordinance to exempt
businesses which gross under $i,000 annually. -~Referred to staff.
- 12 -
COMMUNICATIONS
11. David R. Franklin, representing TWin Oaks Associates, requesting
approval be granted to proceed with their building construction (Tract
5503) without waiting for the final stairway plans, as previously
required.. - It was moved byCouncilman Bridges and seconded by Counci~
man Diridon Condition 1 be deleted from Resolution SDR-1076-1. The
motio.n was carried.
12. Petition from residents in the area of West Valley College 'to include
Douglas Lane, Kenosha Cour.t and Minocqua Court in the "Emergency
Temporary No Parking Ordinance" (Resolution MV-8B). ~ Itwasmoved by
Councilman Bridges and seconded by Councilman Diridon these 3 streets
be added to Resolution MV-82. The motion was carried.
13. David and Carol Persing, expressing opposition to proposed swimming
pool fencing ordinance. - Noted and filed; City Manager to respond.
14. Mrs. Dora Grens, 13451 Old Oak Way, expressing opposition to proposed
swimming pool fencing ordinance. - N~ted and filed; City Manager to
respond.
15. Va n-Dat Nguyen and T-Nga Ginette Nguyen, 19557 Three Oaks Way, in
protest to mandatory fencing of all swimming pools in the City of
Saratoga. - Noted and file; City Manager to respond.
Council and Commission Report
1. CSuncilman Bridges advised he would like to recommend that the City of
Saratoga go on record-in support of Proposition 17. Councilman Diridon
seconded ~motion, and it was carried unanimously.
B. ORAL COMMUNICATIONS
1. John Weir, representing Arguello Homeowners Association, Re: Ambiguities
he .has noted in the General Plan document; particularly the ~li~cfusion
of Fremont Unified High School District in the slope conservatiop zone. -
This matter 'was continued to an ~]journed Regular Meeting on October 8.
VIII. ADJOURNMENT z
It was moved by Councilman Diridon and seconded by Councilman Bridges the
meeting be adjourned to an E~xecutive Session for discussion of the Lyngso
matter, and to an ~journed Regular Meeting on TueSday, October 8, 1974.
The motion was carried. The meeting was adjourned at 1t:00 P.M.
Re ec~fully submitted,
- 13 -