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HomeMy WebLinkAbout10-16-1974 City Council Minutes MINUTES SARATOGK CITY COUNCIL TIE: ~ Wednesday, October i6, 1974 - 7:30 P.M. PLACE: City Council Chambers, 13777 Fruitvale Ave., Saratoga, California TYPE: Regular Meeting I. ORGANIZATION A. ROLL CALL Present: Councilm~n Bridges, Diridon, Kraus and Smith Absent: Councilman Brigham B. MINUTES I6was moved by Councilman Bridges and seconded by Councilman Diridon ~he minutes of October.2, 1974 be approved. The motion was carried. II. BIDS AND CONTRACTS A. ViA RONCOLE BIKE PATH ~M~rO WALKWAY "i~l W~ moved by Councilman Bridges and seconded by Councilman Kraus the work on thi~rgject be accepted and the[st~ff be authorized to file the Notice of Completion. The motion was carried. B. BROOKGLEN PARK It was, moved by Councilman Kraus and seconded by Councilman Diridon the contract change'order in the amount of $375.00 for revision of the i~rigation ~ .system at Brookglen Park be approved, and the Mayor be authorized to~u~f the contract. The motion was carried III. PETITIONS, ORDINANCES AND FORMAL RESOLUTIONS ~2i 'Pa~i~f~nLby-aes~den~ bf~SH~gaAGa~Xans'L A/ea df' S~ra~O~a 0~fn~' t~e' City to Install Traffic Devices to Discourage ~a~ Adcess and PaSsage Through Streets in This Area Mayor Smith explained that this matter is linked to prior discussions the Council has had on this'problem of College traffic, and it is also related to a general review of traffic problems in other geographic areas of Saratoga. TH~ City Manager pointed out the specific locations ~quested in the petition, as follows: Dagmar and Ronnie Qay, Portos and Harleigh, and Casa Blanca and Myren. He indic'ated additional locations shown on the attached drawing are: Portos Drive.a~d~My~'ah Court,!and Portos Drive and Ronniei Way. It was his reco~nendation this petition be refer~d'~o the Publid Works staff for review and a report back to the Council in 45 days. A resiaent of the Kentfield a~ea, which is adjacent to Saratoga Gardens, commented that this area is also faced with the traffic problems expressed in the petition by Saratoga Gardens residents, an~ Lr~ed that action be taken to install traffic devices to discourage traffi~.'from-the~Coi~e~e -' -. from passing through these areas. ' " Ma~gare't Reed, who resides onlRonni+ Way, indicated residents in this area have seen 3 or 4 accidents at the corner of Ronnie and Portos~ and she felt some means of traffic control should be implemented at this corner. John Canno~, Westover Drive, commented that. the traffic problem on Portos is a very clear danger to children getting on and off the school bus, and this street is a convenient short-cut to the College. Petition by Residents of Saratoga Gardens Area (Cont'd.) Roger Letsen, 19131Portos, commented that something is being..done about the traffic problem in this area, indicating that residents are calling the Sheriff's office every'5 minutes to report speeding cars and motorcycles. He indicated he would like to see the 45-day waiting period moved back to!=a 10-day Waiting period. Mrs. Norcia, 14400 Nutwood Lane, commented that she felt the main problem arises from the faot the CSllege has exceeded its use permit for a maximum number of students, and she asked how the citizens might approach this problem. Mayor Smith replied that the City Manager has requested a joint meeting be- tween the City and West Valley College Governing Board to discuss some of the problems between jurisdictions. ' Mrs. Norcia felt the College should be approached also on the parking prob- · lems which have resulted since She opening of school this semester, and also the matter of lighting at the football field and tennis courts should be. discussed. Mrs. Norcia also complained that the citizens are not notified of any actions by the .College,~]and Wondered why this'~'i~n't required. Mayor Smith explained that the College is an entirely separate jurisdiction from the City, and therefore, the CIity cannot enforce its ordinances to the College. Mrs. Norcia then asked if the College is required to have ad E.I.R. for each project. City Attorney Faber Johnston advised that the school district, just like every other.publiC agency, is required to have an E.I.R. every time it does something, and the citizens can attack the validity of these reports or the fact they don't have one if they don't. He indicated that _a~proxi- mately 8 years ago in a case c~lled Hall vs. City of Taft, it provided thai the City no longer hasa~'.~urisdiqtion whatsoever e~ier the school districts; therefore, we can't control them by zoning~6~ ~y.~u~ building codes. He indicated the only control the cities have {~ throug~ th~ state l~gislature. Councilman Diridon assured Mrs. Noruia the meeting between the two boards is eminent and will be an effor~ to try to work out these problems between the two boards without using judicial procedures. He indicated if the problems cannot be worked out, the citizens have'the alternative to go through the courts, ] eith&r Lo~i ~h~'i~"own "~r ~t~'~th~ ~ss istance of other citizens. The May ~Y"'ask&~ ~ t~_e TC~i~ ~ ~ o~j~ ~ ~?h~.l % e_W6 ~ksf ci f'j't~e . ~ ~me7 Lf~ amjj ~ ~ . ". reviewing [his'project could be accellerated. Mr. Shook, Director of Public Works, indicated that his staff is already~i~-[~eL~ESe&~s~fL'lgok~ng at this area, and felt they could have a recommendation'{~'~r6~im~tely 30 days~ The City Manager then recommended, with the concurrence of the Council, this matter be referred to the staff, and a report be forthcoming no later than the second regular City. Council Meeting in November, or November.20. IV. SUBDIVISIONS, BUILDING SITES AND,ZONING REQUESTS A. TRACT 5150 GEORGE DAY CONSTRUCTION CO., DOUGLASS LANE The City Manager'explained thfs.action would be for construction acceptance in c6nnection withlandscaping improvements. Mrs'. Dunn, 19521 Douglass Lane, commented ~h~..hadL.W~itt~n.to the Plan~iagz f~o~£_s.~siga'_~a~k!!~'.M~5~R~thjega~'~ improper drainage at' the co~ne~ of Douglass Lane'and Fruitvale, and 'the contractor did come out and correct the problem. However, the problem has now moved to a.low spot adjacent to the peth~w.~y.,_~n~ she felt this should be corrected before approving the Iand- · f~gap}ng~impF.gy~a~nts. - 2 - Tract 5150 George Day Construction, Douglass Lane (Cont'd.) A representative of George Day Construction Co. advised they would have no problem with installing a drain pipe~lf~ -the required distance along this pathway, and it would be advantageous to the developer toti~st~lt' this. It was [hen moved by Councilman Bridges and seconded by Councilman Diridon the improvements in this tract be accepted for construction only. The motion was carried. 'B. SDR-1129 CHRISTINE PACE, LA PALOMA AVE. Mr. John Pace addressed the Council, stating that it has been brought to his attention, after fulfilling the original conditions for building site approval, · that it would be necessary for them to provide an easement to the City along the southerly portion of the property for creek control. Mr. Pace indicated that he has discussed this with the Santa Clara Water District, and they have advised ~pe this ~artidula~°za~ea is not necessary for flood control purposes. Therefore, Mr. Pa~ asked if it is not necessary for the Water District to maintain this easement, why it~ is so important for the i~City to acquire the~ easement. ~ Secondly, Mr. Pace asked why, after 6 months, they can't get even temporary ' building site approval., The City Manager explained that ~t~e~od. C~ptroi.'~a~ie~i-i~ ~'~st i'6 months has adopted a new policy concerning what areas they have jurisdiction over and which areas they want to give up, and the City is in the process of examining the impact of this new policy on the City of Saratoga to determine whether or not the City wants to accept responsibility for those areas the Flood Control District wants to giv~ up. He stated that as he understands this, the City is requiring this easement because if ~assume~) responsibility for flood control and drainage purposes, we will need it for our own use. However, if the City determines at a later time it does not need this easement, we can give it back. Mr. Shook, Director of Public Works, advised the City has devised a method of requiring an 0ff~r to Dedicate Easement on these areas where the juris- diction has not been determined, and if, at a later time, it is the Council~s desire not to take these easements,.it can take the position of not accepting of offer. He further explaining. the City sees this condition as one of th~ engineering conditions which calls for construction of storm drain facilities. Walter~I~, 14156 Short Hill Court, commented he is experiencing a similar problem ~on the opposite side of the creek, and he doesn't feel this easement requirement by the City is necessary. Mr. Muir'stated they have already agreed to dedicate an easement on their property for a horse path. It was also his feeling the Planning Commission is.asking for something which the Council hasn't looked at yet, and. therefore, felt we were "putting the cart before the horse". The City Manager pointed out that the concept of this requirement relates to the whole issue of drainage, and it is the Public Works Department~s recommendation to require certain drainage easements to protect the City~s interest in that regard. He agreed that the Council hasn't made any definite policy decision as to whether or not we are going to accept flood' control facilities that-~0od' Co~IT'Dis~rtc~'lno longer'wanm to take care of, and therefore, the City is in timb~bn [~i~ issue~~'~ He stated, however, there should be a recommendation forthcoming in the next 90 days on this matter.. Following some additional discussion of this matter, it was moved by Councilman Bridges and seconded by Councilman Kraus to adopt Resolution No. SDR-1129-1, granting Conditional Final Site Approval, be adopted. The motion was carried. - 3 - C. SDR-1093 DAVID N. G~_P~NT, CANYON VIEW DRIVE It was moved by Councilman Bridges and seconded by Councilman Kraus Resolution SDR-1093-1, granting Final Building Site Approval, be adopted. The motion was carried. D. SDR-1141 RONALD PACK, SARAVIEW COURT It was moved by Councilman Diridon and seconded by Councilman Kraus Resolution SDR-1141-1, granting Final Building Site Approval, be adopted. The motion was carried. E. SDR-1094 CHURCH OF ASCENSION, PROSPECT AVE. Th_~i~'City Manager pointed out an additional condition has been adde~ to the'original resolution~th~c~adUr~'ei~d77~-*~i~7~qhi~e~i~ta~'f~ff~'~f ~fl'l~'~d~ca~ing~ -~ pp a~o~ed b~ig"~{~7~ Mr. Van Duyn, Director of Planning, ~ommented that this c~ndition has been discussed with the applicant and some of the neighbors in this area, and there was a concensus of agreement. ~Ad'~us"~'on~.~followed regarding the Church's request to change the "No ~'~'i~'~striction on the northerly side of the streetq~_u.'~.ri~f_) ~'~'0~'~Yking at Any Time". This was referred to the staff for con- sfd~rat~o~'~d'~ report at the November 6th City Council Meeting. It was then moved by CouncilmanCB~idges and seconded by Councilman Kraus Resolution SDR-1094-1, granting Conditional Final Site Approval, be adopted. The motion was carried. F. TRACT 5620 AVCO COMMUNITY DEVELOPEB, MCCARTHY AVE. It was moved by Councilman Bridges and seconded by Councilman Diridon Resolution SD-1138-1, granting Final Map Apprg.~.v_'~_al_~, be adopted, and the Mayor be authorized to execute the Contract for Improvements on this tract. The motion was carried. G. SDR~895 S. BR~OI(S WALTON, SARATOGA HILLS ROAD ~Th~'~i~'~t'or of Public Works advised that all deficiencies in this SDR have been correctedl and recommended release of the bond. It was moved by Councilman Kraus and seconded by Councilman~[ridon the staff be authorized to release the bond~u~ranteeing improvements on this property. The motion was carri~d~ H. SDR-~I~'6 'TERHUN~," LA PALOMA AVE. The City Manager pointed out this approval is conditional, subject to sub- mission of an irrevocable Offer of Dedication on Saratoga Avenue to provide for the half-street. It was moved by Councilman Bridges and seconded by Councilman Kraus Resolution SDR-1146-1, granting Conditional Final Site Approval, be adopted. The motion was carried. I.~{~5 ORVILLE LYKINS MT. EDEN ROAD It was moved by Councilman Bridges and seconded by Councilman Kraus Resolution SDR-1045-1, granting Final Building Site Approval, be adopted. The motion was carried. -4- V. ADMINISTRATIVE MATTERS A. MAYOR B. FINANCE 1. 'Payment of Claims It was moved by Councilman~Diridon and seconded by Councilman Kraus that the listof disbursements,.20103 thru 20180, be approved, and the Mayor be authorized to sign the warran~so Theirorion.was carried. 2. City Clerk's Financial Report - Noted and filed. 3.j~City Treasurer~s Report - Noted and filed. C. COUNCIL AND COMMISSION REPORTS 1. Planning Commission o Recommendation to Demolish Structure at 14633 Big Basin Way The City Manager advised that the Planning Commission has recommended the structure locatedat'14633 Big Basin Way be demolished. _HoWever, it was the City Manager~s recommendation this matter be referred to the City's Building Official to specifically obtain which codes this structure' is in violation to, and report his recommendations at the City Council Meeting on November 6th. This recommendation.was acceptable ~o the Council. AdditiSnally, the City Manager reported there is a written communication from Mr. Lynch requesting a refund of $422 for'storm drain fees on SDR-1001 $55 for processing the application on SDR-1139. Itwas moved by Councilman Bridges and seconded by Councilman Kraus the storm drain fees in the amount of $422 be refunded Mr. Lynch~ r~qde~i~[~efund of $55 processing fees be denied. The' motion was carried. 2. Planning Commission - Report Re: City Council Referral on the Request by John W~ir Concerning Designation.of Fremont High .!~ School District Property in General Plan The City Manager.explained that this matter was discussed~at an Adjourned Regular Meeting last Tuesday, October 8th, and was referred to the Planning Commission for consideration and possible action. He indicated that the Planning Commission considered the matter at their meeting o~ Qgt~b~r~_9t~, and the concensus of the Planning Commission was th~t"~ h~commended t~' . a ' onser on ne Rnssell Crowther, 20788 Noradd Court, indicated that at the last City Council Meeting the Council referred to a map which showed the Slope Conser- vation Zone to inclhde the school site, and now he understands that map has been changed and there is a new map. The City Manager clarified that at the last City Council Meeting the only map that had been available was ~he o~e which was originally presented to the C~ty by the planning consultant. Since that time, the City has received a copy of what is now being ~rinted. He indicated that the map presently before the Council this evening indicates the way the plan was proposed, and then,adopted by the Planning Commission and the City Council. Report Re: Request Concerning Designation of Fremont High School District Property in General Plan (con[!d.) The City Attorney reminded the Council that there were a number of different proposed maps during the various hearings at the Planning Commission and Council level, and there were changes a number of times. However, when the Council on May 1, 1974, adopted the final resolution adopting the General Plan, the verbiage in the text and the map did coincide, and the map at that time indicated that the area in question was in Area A, but was not in the Slope Conservation Zone. Mr. Crowther further ~ommented that on page 23 of the General Plan, it states under Area A - Mr. Eden: "The eastern boundary of Area A is marked by the edge of the Slope Conservation Zone and Wardell Road and Saratoga-Sunnyvale Road, between the tracks and Pierce Road." Therefore the school property is in Area A and must also be in the Slope Conservation .Zone. However, he noted it states. l~r~dh~ ~6o~tes~'o~s~d~of~e _~lqpe Cb~servation Zone, and he was concerned about this ~coBsistenc~.~'- Mr. C~owther commented also. with regard to a difference in the 1968 General Plan and the present General Plan with respect to the definition of Slope Conservation Zone. He indicated in the previous General Plan the S1Qpe ConservationTIZone was defind~=as the average pf 10 acres, and now it ranges between 1 and 10 acres, and he felt this is'ah~example_of._w~_ht~has been happening toward the movement of greater density development. He further commented that there was another area in the 1972 General Plan which was removed from the 1974 General Plan, this being Seismic Safety. He indicated he would recommend adoption of the Seismic Safety element 'in the 1974 General Plan, and according to the County maps, this school zone is in a hazard'I.~d~a~ He felt the real consideration here is whether it is in the best interest of the' public to show this property as high density residential development. Mr. Crowther commented it has been suggested an interim use of this school site property would be a community garden or as an open space park. Further, he felt the language referripg to "slope conservation zone" should be changed to "resource conservation'7zo~e" or ~residential conservation zone". Follbwing .considerable discussion of these points, the Ci'ty Manager recommended the specific suggestions be referred back to the Planning Commission for con- sid~eratipn of amendments to the General Plan; specifically with regard to: 1)'alternative land uses for this parcel of land and zoning; 2) the c6nc~pt of the ~lQpe conServatio~ ~ne, and the language matter; and 3) the conflic~ ~in 'density from the previous General Plan. If it then.would be the Planning Commission's desire, public hearings;could be held to consider these issues and possible amendments to the present General Plan. Councilman Diridon moved this action be taken; Councilman Bridges seconded the motion, and it was carried. D. DEPARTMENT HEADS AND OFFICERS No report. E. CITY MANAGER 1. Appointment to Flood Control Zone Advisory Committee - It was moved by. Councilman Bridges and seconded by Councilman Kraus that Mr. Shook, Director of Public Works, be appointed to serve as the Cityws representative on the Flood Control Zone Advisory Committee, and consideration of an alternate be given at a future time. T~e motion was carried. - 6 - 2'. RePort Re: Creation of Senior Citizen Housing Task Force - The City Manage~ stated he is recommending a task force consisting of 5 people be appointed. to accomplish objectives as outlined in h~s ~qE~R~umL ---~ dated September 17, 1974. He further recommended'.S~leCt~.o~ of t~i~ ~ · ta~k~f~c~b~'d~i~ a~ a~Exe&~ive S~ssi~n_following- theI Committee ~ ~fYh~h~l~ee~t~ng. next~ Tuesd~y~ ~O~t~Be~~ 2'~nd .' ' It was mo~ed by'Councilman Diridon and seconded by Councilman Bridges .the City Manager~s memorandum, dated September 17, 1974, regarding the Senior Citizen Housing'Task Force, be approved, and an Executive Session be set for Tuesday, October 2 ,.1974, for C sfd rati n to i7~. 't~k ~0~C~-~c~etee~ ~ The motion was carried. 3. Establishment of a Committee for the Purpose of Re-Namin~ Saratoga- Sunnyvale Road - It was moved by Councilman Diridon and seconded by Councilman Kraus the City participate on this committee, and Cole Bridges and Robert ~eyer, City Manager, be appointed to serve as the City~s representatives. .The motion was carried. VI. COMMUNICATIONS A. WRITTEN 1. John P. Reiton, 1508 Kingsgate Drive, Sunnyvale, requesting deferrment of original request for annexation. - Noted and filed. 2. Gordon E. Doke, 19600 Farwell Ave., Re: Planning Cgmmission's action on use permit for construction of fence surrounding tennis court o~ Farwell Avenue property. - Noted and filed; City'Manager to respond. ~ 3. Willard H. Lynch, 14260 Luthenia Way, requesting the Council refund fees in connection with application for Building Site Approval on SDR-1001 and SDRol139. - Approved refund of ~1422 for storm drain fees on SDR-iOQ1. 4. Copies of letters from James M. Dunn, 19521 Douglass Lane, Re: West Valley College landscaping and tennis court lighting. - City Manager to meet with Wes~ Val,ley College Goyerning Board to discuss this and other problems. Report to Council following meeting. VII. ADJOURNMENT : It was moved by Councilman Bridges and seconded by Councilman Diridon the meeting be adjourned to an Adjourned Regu!ar Meeting Tuesday, October 22nd, to consider the · Joint Exercise of Powers Agreement with Monte Sereno and Los Gatos Re: Youth Service Bureau, and to an Executive Session for consideration of appointments to the Senior Citizen Task Force Committee. The motion was carried. The m~eting was adjourned at 10:00 P.M. espect ubmitted, Ro -' 7 -