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HomeMy WebLinkAbout05-05-1976 City Council Minutes MINUTES SARATOGA C~TY COUNCIL ~d TIME: Wedn a May 5, 1976 - 7:30 P.M. es y, PLKCE: Saratoga City Council Chambers, 13777 Fruitvale Ave., Saratoga, California TYPE: Regular Meeting .I. ORGANIZATION A. ROLL CALL Present: Councilmen Brigham, Corr, Kraus, Matteoni; Bridges Absent: None B. MINUTES It was moved by Councilman Brigha~ and seconded by Councilman Kraus the minutes of April 21, 1976, be approved and the reading be waived. The motion was carried. II. CONSENT CALENDAR A. COMPOSITION OF CONSENT CALENDAR It was moved'by Councilman Brigham and seconded by Councilman Kraus the Consent Calepdar composition be approved. The motion was carried. B. ITEMS FOR CONSENT CALENDAR 1. Final Acceptance a) Tract 4572, Brown and Kauffmann, Miller ~ve. b) Tract 4575, Brown and Kauffmann, Brockton Lane 2. Payment of Claims 3. City Clerk's Financial Report It was moved by Councilman Kraus and seconded by Councilman Brigham the Consent Calendar be approved. The motion was carried. III. BIDS AND CONTRACTS A. Change Order to Saratoga-S~nyvale Road Median Landscape Contract (Electrical Work) It was moved by Councilman Kraus and seconded by Councilman Brigham Change Order No. 2 for the amount of $1,222.00 be approved. The motion was carried. B. Agreement Between the City of Saratoga and the Property Owners of Village Parking District No. 2 (Conttd~ 3/17, 3/23, 4/7, 4/27) It was agreed to continue this matter to a Committee of the Whole Meeting on Tuesday, Nay llth, at which time the ~vo proposed amendments by Security Pacific Bank would be further discussed. These amendments are as follows: l) If the private spaces are'conveyed to the City or Parking District at some future time, they would be allowed the ratio of the Parking District for building, rather than the Ordinance ratio. Agreeable ,to adding the words "I~ they ......... ~edi~ate"~and~:!'if-the:~CityTaccepts~sai~ dedication"~ ...... 2) If in the future, the City should abandon the Parking District for the purposes for which it is formed, the property be reverted back to the property owners. C. Cooperative Agreement for Bri"dge Construction'on Pollard Road at San Tomas Creek - Cities of Saratoga, Campbell, Town of Los Gatos, and Santa Clara Valley Water District The City Manager advised that the'-.City's share'of this project would be approximately 26.85%, or $37,600. It was moved by Councilman Kraus and seconded by Councilman Brigham the Mayor be authorized toexecute the agreement. The motion was carried. D.Authorization to Advertise for Bids for Demolition of Drying Sheds and Removal of Concrete on Library Sit_e It was moved by Councilman Kraus and seconded by. Councilman Brigham the staff be authorized to advertise for bids for this project. The motion was carried. IV. ~ETITIONS, ORDINANCES AND RESOLUTIONS A. RESOLUTION NO. MV-112 Resolution Establishin~ a Stop Intersection at Woodmont Drive and Chateau Drive Mr. Shook, Director of Pub]3c Works, explained that the proposed resolution i ndi cates ~l~l~y~p~ ~ ~'T~'~i~r~i6~ T6~']~W~odmont Drive and Chateau Dr i ve, which is ~66trary~to~'the-r~qu~f~f'~ition~s ~n this area for 3-way stops. Following a discussion on this ma~ter, it was moved by Councilman Kraus and seconded by Councilman Brigham to adopt Resolutign MV-112, with the amendment to install a "Yield" sign on Woodmont and no stop signs on Chateau. The motion was carried. B. RESOLUTION MV-113 Resolution Prohibitin~ P~rkin~.'on a Portion of Saratoga Av~enue in Front of Vineyards '~}nT~ine~wi th th~s. res.~l~io~C~uhci l'woman ~sub~ect`~f~a`pk~ing-a~ng~th~s~enti~ne°`a~ea~.`~m~C~x-~e6ue-.t~.`t~a~ffic light at Scotland. The staff was directed to reviewthis,area and prepare an appropHate resolution for consideration at afuture Council Meeting. It was indicated all those residents affected by this proposed resolution would be notified in advance of the meeting. It was then moved by Councilman Kraus and seconded by Councilman Brigham Resolution MV-113 be adopted. The motion was carried. C~ Appeal by Paul P. McMul~en of Planning Department's Decision to Deny ReQuest to Remove Several Monterey Pines at 20264 Ljepava Drive (Cont'd. 4/7) Councilman Kraus indicated he int~ndedto'vote against this appeal, as the trees are healthy andit w~s his feeling the pool could be moved. Also, it was his understanding Ordinance 38.26 was written to protect the trees. It was moved by Councilman Matteoni and seconded by Councilwoman Corr the appeal be granted to include re~oval' ~f the Palm Iree and 4 Mon't~rey Pines along the side ~roperty lines. In favor of this motion: Councilman Matteoni, Councilwoman Corr. Opposed: Councilmen Kraus', Brigham, Bridges. The motion, therefore, failed. The staff was directed to reconsider their previous recommendation, to authorize possible thipning o~some of these Pines. - 2 - D. Consideration of Requests by Homeowners on Yerba Santa Court to be ~ Relieved of Certain Landscape Maintenance Requirements (Cont'd. 3/23, 4/27) Councilman Matteoni suggested the residents consider substituting some of the materials or the sprinkler,system for a possible decomposed walkway to take care of the foot traffic which crosses through at this location. Councilman Kraus~'~6'~e~'~h~'~'~li~'~'~i~the homeowners 'cooperate in the early stage~'o~{h~'~l~ ~i~l that exists that planting would flourish. He indicated that assistance is available from the City Planning and Parks Department, and the homeowners might consider talking to the people at the CommUnity,Garden. Ne further commented that it was the homeowners' responsibility to keep up this area. It was then moved by Councilman Kraus and seconded by. Councilman Brigham to deny this request for relief from landscape maintenance reouirements, and ~l~t~e"S~u~e~'t~i~f~i~'~~wi th a ~e-composed grani~l~ (~6 be~'t~e~p ~'~ '~t~ a~te)i"~e motion was carried. E. ORDINANCE NO. 60.3 Ordinance AmendingOrdinanceNo. 60 (Section 13.9-3 of the Subdivision Ordinance) Re:,Imposition of Slope Density Formula in Areas within Saratoga Where the Slope Exceeds an Average of 10% 'It was moved by Councilman Brighamand seconded by Councilwoman Corr Ordinance No. 60.3 be introduced and the reading waived. The motion was carried. F. ORDINANCE NO. 3-E.13 Emergenc~ Ordinance· ImpoSing Slope Density Curve in Slope Conservation Areas in the Cit~ o~.Saratoga Pending Rezoning to HC-RD Zoning District This ordinance was read in full by, the City Clerk. Councilman Matteoni suggested an amendment to Section 2 of the ordinance to indicate that rounding up to the next whole number is to occur at .5 or above. It was then moved by Cduncilman.Matteoni and seconded by Councilman Kraus · Ordinance No. 3-E.13 be adopted, wi~h the proposed modification to Section 2. The motion was carried unanimously'. G. MINUTE RESOLUTION'RE: CITY COUNCIL POLICY ON CONSISTENCY OF ZONING ORDINANCE WITH GENERAL PLAN (Cont'd. 4/7, 4/27) The City M~nager explained it is the Planning Commission's recommendation that specific numbers. be applied tO the p~'l i'~y~_~t~nt ,adopted 6~' ~e~,Ci'~v mod~f~cationsiar~ propo~edlaS~61.l.ows: Very Low Density - In addition to the definition, add: Acreage thru R-1-20",O00; Low Density - R-1-40,O00 thru R-l-15,000; Medium Density - R-1-20,O00 thru R-l-lO,O00. It was moved by Councilman Kraus and seconded by Councilwoman Corr the minute resolution as outlined in the Staff Report, dated March 26, 1976, as the City Council policy on consistency of the Zoning Ordinance with the General Plan. The motion was carried. V. SUBDIVISIONS, BUILDING SITES AND ZONING REQUESTS None. - 3- VI. PUBLIC HEARINGS A. CONSIDERATION OF APPEALS OF THE PCANNING COMMISSION DECISION RE: USE PERMIT NO. 296 - LYNGSO GARDEN MJ~TERIALS 1. Appeal by Jo~n L~ngso, Leo Ot~ and Richard Gardella on Conditions A, C, F and I, Impgsed by the Planning Commission in Granting Use Permit 296 to~Lyngso Garden Materials. 2. Appeal by F'. P. T~tar and D. J. Sifferman of Planning Commission Decision to Grant Use Permit 296 to Lyngso Garden Materials, and Request for a Hearing de Novo. Following some discussion by. the Council, as well as Richard Gardella, attorney representing John Lyngso~ it was moved by Councilman Brigham and seconded by CouncilmanKraus to set a hearing de novo on these appeals for June 2, 1976. The motion was carried unanimously. B. CONSIDERATION OF AN APPEAL OF THE PLANNING COMMISSION DENIAL TO GRANT AN AMENDMENT TO USE PERMIT NO. 119 (Dated January 9, 1967) TO ALLOW FOR THE CONSTRUCTION OF A 5,000+ SEAT CAPACITY STADIUM TO INCLUDE BLEACHERS, LIGHTS AND OTHER APPURTENANT FACILITIES, INCLUDING SKI HILL LIGHTS TO BE LOCATED ON THE WEST VALLEY COLLEGE CAMPUS AT 14000 FRUITVALE AVENUE ~T~'~'C~ciTT~on~i~dered whether or not to proceed with the- hearing this ~i~g~ o~ to"h61d a de novo hearing on a future date. The Mayor noted in the Council's packet a letter, dated April 2~, 1976, from James P. Hardy, Superintendent and President of West Valley College, wherein he outlines five points which the Council would be able to receive testimony on, if the hearing commences this evening. It was determined by the Council ~o proceed with the public hearing on this matter this evening. The Mayor, therefore, opened the public hearing at 8:57 P.M. Written Communications were then acknowledged, as follows: 1. Harry L. Mayfield, President, ~Good Government Group, urging the Council to confirm the Planning Commission's decision to deny West Valley College the use permit for the athletic stadium. 2. Mrs. Glenda Morley, 19607 Kenosha Ct., and Mrs. Margaret Dunn, 19521 Douglass Lane, stating views on the proposed football facility at West Valley College. 3. Mr. and Mrs. Ray H. Wood, 14199 Shorthill Court, urging the denial of the appeal to grant an amendment to Use Permit No. 119 to allow for construction of a 5,000+ seat capacity stadium at West Valley College. 4. Mr. and Mrs. Walter E. Muir, 14156 Shorthill Court, opposing the proposed lights, sound system and bleachers at West Valley College. 5. R. Kent Bradford, Vice President, Medallion Mortgage, Re: West Valley College Administration'!s manner to develop, or nearly develop, a project, often times in direct violation of their original plans and statements. ~ 6. Mr. and Mrs. Bert Martel, 144~0 Fruitvale Ave., opposing the amendment to Use Permit No. 119 from West Valley College. 7.Nyal D. McMullin, 14104 Short Hill Court, opposing the completion of West Valley Collegesstadium. 8. Marlene Q. Duffin, President, Wildwood Heights Homeowners Association, urging the Council to deny the appeal of West Valley College for construction of the stadium. 9. Mr. and Mrs. Jack Vance, 19363 Athos Place, opposing the proposed stadium project at West Valley College. -4- ~ ~'~ ~'~ West Valley College Use Permit Amendment (Cont'd.) Councilman Matteoni raised a question relevant to the hearing procedure on this matter, and what evideQce could be taken this evening. The City Attorney explained the letter from the School District raising the five points could be read into the record to obtain the grounds for the appeal, and these points could'be argued. Also, he indicated that the Council has before them the Planning Commission's staff report and minutes of what transpired at the Planning Commission meeting, and these should be reviewed, as well as listening to the arguments in light of what..theCouncil has_before them, to determi!ne whether or not<Ct~lT~"~(r~L~F~s'- S~b~'~i~l~'~~ read in full the letter from aames Hardy, dated April 20, ~l~76~'p~ng the Planning CommiSsion denial of the West Valley College use permit amendment. James Hardy, Superintendent and President;]West Valley College, addressed the Council. He commented that it'is his impression a great deal of time was spent at the Planning Commission hearing talking about the impact of' the College as a whole on the city and community-of Saratoga. He commented that this is subject which has been debated since 1964; however, he didn't feel it was of a proper concern in thisi~diT~Gg~i6~] ...... T"~:i~ ' '~" '~'~- Mr. Hardy indicated that Mr. Kellar of his office has letters which sub- stantiate the matter of the noise volume and light density (point 5). He indicated that the College District serves not only Saratoga, but also, the Cities of Santa Clara, Campbell, Los Gatos and Monte Sereno, as well as a significant portion of San Jose,:and the Governing Board has an obligation to provide community college services and programs for that population. Councilman Brigham asked Mr. Hardy if he was correct in understanding that he did not fee] the E. nv~.~onmental Impact Report violated Saratoga's General ~rT ~-r~lied that he didn't b~lieve this was a requisite under the Environmental Impact Report. Councilman Brigham then asked Mr. Hardy if while studying the Environmental Impact Report did it appear this was a complex aerosource under~T~Tg?A. Mr. Kellar of West Valley College Commented he would have to review the E.I.R. in that area, and he doesn't recollect co~entsd~v~o '~l'ltutants generated from the stadium itself.' Marty Van Duyn, Planning Director, commented that the E.I.R. stated that the project would not be considered a pollution resourse activity. Mr. Brigham th~n asked how .much ~o~ey the-stadium.is anticipated to cost, a~d where would these funds be coming from. Mr. Kellar replied that the approximate eost of the stadium will be $450,000, and it is anticipated the facility could be paid out of several sources -- one of them being Fund 16 (Community Services) and the other, Fund 60 (Special Reserve). Councilwoman Corr asked if Fund 60 was a limited fund which has to be used for a specific item. Mr. Kellar indicated this fund is limited to capital outlay, and for school districts in California this includes sites, improvement of sites, buildings and equipment. Councilman Brigham then asked if the College while studying the stadium plan had gone into any depth on what it'would cost the City of Saratoga for additional police or other services. - 5- West Valley College Use Permit Amendment (Cont'd.) Mr. Kellar replied that to the best of his recollection, a specific dollar amount is not mentioned in the E.I.R., and it was his feeling there are a Cnumb~(~ays of handling the traffic generated by this facility. Mr. Hardy further commented on this, stating that it might be considered in terms that the facility would have use of perhaps 50 evenings per year, and some afternoon use, ~nd in most cases, the College would use its own police force. Councilman Brigham commented that the roads near the College, according to the General :P~lan, are designed to sta~approximatel~ t~e~e~same size they are now, and he asked if the traffic ~h~~aj~'~'~en~'~verload these roads to the point where they woul~b~'i~assi"~l~ ........ Mr. Kellar replied that he believes the. traffic coming to or departing from the campus for a footbal.1 game would ~ot be any greater than what it presently is Monday through Thursday evening of the regular semester. It is projected all of the parking spaces would not be filled to use this facility. Mr. Kellar then presented ~ brief',s,~'~]~d~'o~e~e~"'~'~oject.and surrounding neighborhood. He outlined such ele~t~%f~ep~j'~i~ the bleachers, press box, concession and restroom facility, speaker system and light system. He indicated that the lighting has been designed to provide approximately 35-foot candles of illumination on the field itself, and the lighting standards are ppproximately 70 feet tall from the field itself, designed so that the lights shine down on the field. He indicated that the speaker system has been designed to project the sound directly'at the spectators. Further, he advised that the sound engineer has indicated that there are ~ays to control sound volume eminating from the speaker system. ~r. Kellar indicated that the uses of the facility would ultimately have to be decided by the Governing Board. Councilman Kraus asked how long this project has been in the planning. ~r. Kellap replied ~e did not have the exact date, but it ~as sometime in 1974. Councilman Kraus then inquired if at that time it was seen as a practice field, or what is beTrig proposed today. Nr. Kellar replied that during the planning stage he believes it has been labled a "practice field". ~r. Kpaus inquired at ~hat point this designation ~as changed. Rr. Kellar replied that the Governing Board has elected to complete the class- room facilities at the campus first, and this would be one of the final facilities they ~ould wish to complete. He ihdida~ed that much like the City's General Plan, the College's ~aster Plan ~ou.ld be accordingly modified. ~r. Kpaus stated that in the E.I.R. it was indicated that the attendance at the football games were 450 to 500 people, and asked Nr. Kellar if this was correct. He further indicated he would have difficulty with a 500 to 600-man stadium. ~p. Kellap replied that the attendance at their football games ranges between when they have a very good team and a very poor team. He estimated that over- all, attendance is at 3,000 to 3,500. ~r. Kellar further commented that this facility could also prove helpful to high schools in the district, as they have crowds that would utilize this capacity. He indicated this use of the facility during the football season would be primarily on Fridays and Saturdays, and he would anticipate the high schools in this area (Los Gatos, Saratoga, ~estmont) might apply to use it. Councilman Kraus inquired if the lights would be on just about every night. -6- West Valley CollegesUse Permit Amendment (Cont'd.) Mr.~d~-~replied that he doesn't see the lights being on unless there is an event -- at a maximum of 50 evenings per year.' He indicated 12 to 15 nights would be used for football, and the remainder could be used for soccer, tract and various other athletic events. He further stated he would be pleased to suggest some sort of a limitation to the Board, and this would be formulated into a po.licy matter. Councilwoman Corr inquired if Mr.~.T_a.~'~would anticipate using the field for night practiC~ Mr. H~rdy indicated that he didn't anticipate any night practice as a regular thing~.~.,'~ Councilwoman Corr.-~k~d~H~d~ i~"~e~ felt it through the amplif~ing'S~.~" .... ~ ................. Mr. Hardy stated he~d~'~ feel the'sound would. be _any stronger than when some of the youth of th~ co~G6i'~"~F~'~'{h~ field o~S~tUrda~'~ft~noon. Mr. Kellar indicated a sound engineer had evaluated the proposed speaker system, and this is set forth in Mr. Hardy's letter to the Council. Also, it is stated that there are technical ways that the volume of a sound system can be controlled, and the College wo~ld propose the.sound system be so controlled so the volume could not exceed a certain level. The Mayor asked for any comments from those present in the audience. Mr. Stonebracker, a resident of Saratoga, addressed the Council on two'points: He indicated his first point is that the voters in this county have voted down a facility of this type twice, and doesn't understand why the College District wishes to continue with this. Secondly, he stated he questions whether what is proposed is consistent with the objectives and goals of a community college system. He then proceeded~to read from a newspaper clipping from the Palo Alto Times, dated, Mar~h 6; 1976, addressing the State's view on this issue, and he felt this is in direct conflict with the C~llege's proposal. Joseph Donahue, President of the United Taxpayers Association of Santa Clara County, addressed the Council, stating that he was not a resident of the City of Saratoga; however, he was a taxpayer in the College District. He pointed out that this proposed project would average approximately 20 to 25% increase ~.n_th~ p~op~_t~s~ssme~. A].~_,~e_cgmmen~ed~ha~_L~as hj~Bde~s~andj.ng ~he. Colleee's_.Fund 60 was_.a reserve_fund, and.sueges~ed it b~ further _in~es~i: gated how this was obtained. · Mrs. Margaret Dunn, 19521 Douglas Lane, addressed the Council, referencing a letter, dated April20, 1967, from Mr. Hardy, in which he states that the College Governing Board in considering this project is responsive to the'entire district. Mrs. Dunn questioned if the real need for this type of project has really come from this community. She commented that the voters of Campbell did not wish to see their tax dollars being spent in their district for traffic congestion, noise, etc., and she does not feel the City of Saratoga should take on these problems. Mrs. Dunn commented that Mr. Ha~dy has indicated that the District Governing Board would not permit large scale 6tiljzation of the facility. However, she commented that the Council should remember such decisions ride entirely with the Governing Board and subsequent Governing Boards. She stated that she is a be- liever of the community college aspect; however, she does not believe a two-year college -- particularly in a bedroom community -- is justified in constructing a project of this nature. Dave Larson, a resident of Santa Clara, spoke in favor of the stadium facility. He co~ented that at the present time, tennis is being played at the College in the evenings and lights are currently being used. He indicated that the foot- ball field lights would not be on all the time as they are on the tennis courts, but only during the specific times of the events. He commented that he felt a -7- West Valley College Use Permit Amendment (Cont'd.) 5,000-seat stadium is pretty small, and he would like to support completion of this facility. Glenda Morley, 19607 Kenosha Court,'addressed the Council, stating she felt there were many undefined statements in the Environmental Impact Report, and that the City Council has to consider the environmental impact on the community. She indicated that it states in the E.I.R. that 5 rows of bleachers would be situated below the existing grade, which would seat 1,000 people. With regard to the speaker system, she questioned if they would be able to extend the speakers to 3 feet above the surrounding grade, and if this would be higher than the grade that presently exists. She further questioned how clean-up was going to be handled following football games, and if this would be done after games, causing lights to be on late into the evening. She felt there were areas which are unidentified and that the City needs to have these answers before granting a use permit amendment. Clifton Speer addressed the Council,.indicating he was the sports com~fs~ion~r _ for the ~tudent body. H~ stated tha't'~his college is not asking'f6r ~yt~ing tha~ any other college does not have, and he would like to emphasize the importance of having a home football field. He stated that it is important to the athletes, 'and'fi~af'l~cts'o~'th~o~i't~d~i~l~i~i~l~Twwi~e recognition. With regard to maintenance, Mr. Speer stated that he is also employed on the . campus to'perform maintenance duties following athletic events, and this is done between 7:00 A.M. and 3:00 P.M. He indicated that they do not go in after the events in the evening and clean up. John Burtt, 13886 Malcolm Avenue, indicated he would like to speak to some of the points by Mr. Hardy. He stated .that although there was an agreement by the College that there would not be lights for a football field, etc., the practice field had been designed with a great deal of elevation on the sides, and it appeared to him it was built to eventually contain the bleachers. If not, he felt the design was very wasteful for the amount of use for a practice field. With regard to the E.I.R., Mr. Burtt commented he felt the evidence speaks for it- self, as far asnoise, traffic congestion, etc.. He spoke to the matter of the character of this community, indicating it would be his desire to preserve this character, and he felt a concession with lights and P.A. system would detract from the character of Saratoga. Further, he commented that Mr. Hardy's point of serving other districts was invalid, and that he doesn't feel Saratoga has an obligation to these other communities. Carol Moran, Titus Court, commented that the City C6uncil"s job is to protect the citizens of the community, and she doesn't feel the use permit amendment would be for the good of the community, but rather, a detriment. EugeneSturla, a resident of Allendale Avenue, indicated he would like to raise a question as to the accuracy in the~price of the bleachers and other facilities. He felt it was unlikely the college would remain within its schedule, and would probably overrun their fundsfor this project. He furthe r commented that when he visited the midwest last fall, he can remember hearing a high school game at a stadium over a mile away -- not only the cheers, but also, the public address system. Mike Baker, Crisp Avenue, commented that he-is a member of the Saratoga citizens in favor of the stadium. It was his feeling the Planning Commission has made its judgments without knowing all the facts. He commented that he felt through- out this entire issue there has been a lack of communication, lack of direction, lack of understanding and a credibility gap between the College and the people of Saratoga. Mr. Baker Commented that he feels there are a great many factors that make a city, and it was his feeling many people do not understand questions related to_elevations, sound systems, etc. He indicated he would have three recommen- -8- West Valley College Use Permit Amendment Cont'd.) dations to suggest: 1) the Council obtain a complete understanding of the pro- -ject, and obtain all the facts; 2) insure a committment from the Governing Board as to its use of the facility; and 3) establish a committee, consisting of people from Saratoga and people from the College, to take care of the dialogue. A resident of Douglas Lane indicated that a major portion of the discussions have been centered around the speaker system and noise pollution. However, he stated he does not believe it is the speaker system that would be causing ~oise, but the 5,000 people participating in the events. He indicated that he ~Can_~hear tennis balls bouncing from where he lives, and as far as lighting is (dncerned, he indicated he can read the newspaper at 9:00 P.M. in his back yard. He commented that Mr. Hardy has used such words as "don't contemplate'l, which does not gove him much assurance as to the plans for this stadium. He agreed that there should be a greater dialogue between the City of Saratoga and the people at the college. He further commented he doesn't believe this large amount of money is justified for a facility which will be used 50 times in a year, and that the interest in this project will run the community approximately $50,000 per year. Larry Jennings, Athletic Director of West Valley College, addressed the Council. He stated that his reason for supporting the concept of this stadium at West Valley College is that football at this college and every college in the State of California is the number one sport, and one which gains the most community interest. Also, he indicated it creates a severe problem in finding a facility to house their team. He mentioned that Los Gatos High School has been reluctant to share their facility, as their field simply will not stand a great deal of play. It was_the feel.ing of Mr. Jennings that 50 evening per year,TZ~'bTi~ ~ho~.~.~:S ~W'~h~foo~6~l.l"ag~the major event and track and soccer occasionally, is not g~n~ '{6 ~a~s~ ~oblems. Further, he felt this would offer a first-class facility for use by Saratoga residents. He commented that they would like to have a home as they have been 12 years without one -- they have. talked about going to Mission, which is another 10 years away. He wondered what it would cost to take this stadium and build.at Mission another lO years from now. He indicated there are a lot of reasons why this stadium should be built in Saratoga, and these would far out-weigh those reasons for building it in Santa Clara. Mr. Schrager,'20375 Saratoga~Los GatosRoad, addressed the Council, indicated that he has reetl~a'~n'~S's~nt handed to him. He indicated that he speaks out in favor of West Valley College. He stated that he has lived in Saratoga for 3 years, and has heard a lot about Saratoga's General Plan as if it's holy. He stated that the City of Saratoga is here -- there is no doubt about it'.-- and West Valley College.is here, and there is no doubt about this. Mr. Schrager stated that it has been said time and time again that Saratoga is a "bedroom Community" -- and he would say: "If you want to sleep the rest of this century out in this bedroom community, don't grant this license to ful- full the College's destiny -- just go to sleep. Somehow or other, you are going to be dragged into the 21st Century." Mr. Schrager indicated that Saratoga is as much of the community as West Valley, and serves this greater metropolitan community. He stated that he has not seen that this college.has hurt its neighbors in the pocketbook, and if it had, the citizens would have a real argument to scream about. Therefore, it was his ~e~ling this college should fulfill its destiny, and the Council should grant it permission to do-so. Ann Harrod, 19520 KenoshaCourt, indiCat%~hat she ~ogld like to clarify this great confusion for the need for this stadium, as opposed to whether or not the stadium serves the rules, and regulations set forth by the City of Saratoga. She stated that we cannot le~ ourselves be influenced by this "need" if it does not fit the rules. She asked that the Council not confuse needs with the law. A citizen commented that if the citizens were to use its tax dollars for the seating, the lights and the P.A. sytem; they would not restrict that facility just to football or track, and they would al'low people to hold rock concerts. Also, he didn't feel the facility should be thought of as being con'structed for just one select group, thus discriminating against musicians. It was his hope the stadium would be used'as much as possible, and if this is not the - 9 - West Valley College Use Permit Amendment (Cont'd.) intent, we shouldn't have it. John Han~nett, 15185 Alondra Lane, indicated that he moved to Saratoga only within the past year, and he moved to this specific location because he wanted to be next to West_ Valley College, which he felt enhanced his property. Mr. Hammett stated that to emphasize the fact that he didn't feel the Planning Commission had an open mind when they made their decision, he recalls there was at least one person on the Planning who made mention to the fact that they did not know where this facility was, and asked directions where ~:~iwoul~'be located. Therefore, he didn't really feel the Planning Commissio~ had an open mind in the vote, and he would ask that the Council do .this. John Sabella, Devon Avenue, indicated he has been a resident of Saratoga for 19 years. He indicated he would like to address some of the problems which have come with regard tothis stadium. Referencing an earlier comment with regard to the P.A. system at a midwest high school football game, he advised that high .schools usually only use 2 speakers on each side, and these speakers are designed so that they penetrate the crowd and go as far as possible; and West Valley plans to use 18 to 24 speakers -- the less speakers, the less the effect of the sound on the surrounding community. Mr. Sabella commented that the Group against the stadium has brought up the problem of the community not wanting the stadium. However, in contacting the Community Services Office of the College, they have indicated that many people have been using the stadium, and everyone who has used the track facility has complained that there are no stands there. He indicated there is community interest in this stadium, no matter'what anyone else says. He stated that the Campbell Union High School District has supported completion of the stadium, as well as the Los Gatos-Saratoga J6int Union High School District. He indicated that one of the concerns of the stadium is the problem of large crowds, in relation to the County Sheriff's Office, which, it is felt,~would be directing traffic around the campus and leaving other areas of Saratoga unprotected. His solOtion to this problem is to utilize the West Valley District police officers. According to the District Attorney's office, tD'.make this legal'to occur, the College and the Sheriff's Department must sign an agreement whereas the College police can direct traffic within a one-mile radius of the College. In this way, it would not take away the Sheriff's responsibility in patroling Saratoga, and it would not mean an increase in the taxpayer's money, as the school would be paying the Police Department at West Valley to direct this traffic. William Gould, member of the Board of Trustees, West Valley College, addressed the Council. He stated it was a concensus of opinion of the Board that the proposed facility fall within the guidelines of the agreement of 1967 -- that it is not a large-scale facility. Mr. Gould indicated that the-taxpayers of Santa Clara County turned down a stadium to seat at l~ast 37,500 people and cost multiple millions of dollarS, Mr. Gould ~ommented that in every instance while he has served on the Board, they have kept faith with the Council of Saratoga. He stated that the Board' of West Valley College followed the Council's recommendations to the extent that it cost them well over $300,000, and the people of Santa Clara, Campbell, Los Gatos, Monte Sereno and Saratoga will pay year after year for this facility that was recommended by the City, the College accepted, and then a road block thrown in and it had to change. He stated that the Board is as conscientious as the Council is Of fulfilling its duties to the people they represent, and he would submit that this facility is needed for a well rounded program of education. Howard Summers, 14800 Andrew Court, and part-time student of West Valley College, urged that the Council to deny the .appeal, and tO specifically urge the Council to become confused in thinking an opposition to this stadium is an opposition to West Valley College. He felt the College could probably more realistically use this money for its academic prqgrams, as well as its intramural sports program which benefit all of the students. - 10- West Valley College Use Permit Amendment iCont'd.)- It was then moved by Councilman Kraus and seconded'by Councilman Brigham the public hearing be closed. The motion was carried. The public hearing was closed at 10:55 P.~.. Councilman Matteoni commented that he feels it was the primar½ concern~f~ ~Pl~'~'i'~gTC~i~ ~'th~'~at the evidence that justified the impa~ tB~'ca~Us ~6Gid ~e~on~h~'e~mmunity for it to vote to modify the use permit of 1967. Therefore, he indicated he would be opposed to granting the appeal. CouncilWoman Corr indicated that she is concerned about several things on this issue ,~d 'Ga'T~n ~h~{ ~ h~ Planning Commi~' Meeti'6~ ~n t~{~ made the right decision. She felt it was in violation of the way the City was interpreting the~To~di~i~L~f the use permit, and she would uphold the Planning Commission's ~i~iOh'. Counci'lman Kraus commented that he strongly believes'the use permit is being violated at West Valley College as it is today, and by putting in this type. of outdoor sports stadium it will violate the use permit even further. He further_commented that this city is facing some very difficult decisions C~ {h~-~i~T~'~arS to financially make ends meet, and throughout government toda~al'l~p~nditures are being reviewed very carefully. He stated that in his opinion, everyone is attemptihg to spend less, except West Valley College, who wishes to spend some half-million dollars or more on lights for sporting events. He indicated he felt this is irresponsible when the need does.O~ 9~)st, and must be generated, and with the financial picture the way it is for the next several years, we.cannot afford any unnecessary expenditures. Councilman Kraus'advised that when the College submitted its E.I.R., it was submitted, along with the City's reply to Senator Smith, and he felt some of his recent bills were a result of that action. He suggested this entire issue to presented to the Governor, ~nd he would urge the Council to seek an abdience with the Governor at the earliest opportunity, and take whatever action it needs to stop this. Councilman Brigham ~ndica{ed he read the Environmental Impact Report in its 'entirity, and thereport states veryCClearly that this project is against not only the use plan, but also against the General Plan of Saratoga. He therefore moved that the appeal be denied. Councilman Kraus seconded the motion. Mayor Bridges co~ented that he doesn't believe by the Council allowing things to happen on this campus for the ~urpose of rounding out the institution and destroying the community around it, this Will really' be an answer. Also, he felt it would definitely be against Saratoga's General Plan. He therefore, indicated he would have to support the Planning Co~ission in its decision on this issue. The motion was therefore carried unanimously. Recess A. MAYOR 1.The Mayor announced the proclamation for "Clean-up Month" during the month of May. B. COUNCIL AND COMMISSION REPORTS None. ., : -11 - C. DEPARTMENT HEADS AND OFFICERS 1. Public Works Director- Report Re~ Request to Increase Speed Limit on the Eastern Half of Allendale ~venue. It was moved by Councilman Brigham and seconded by Councilwoman Corr to continue the Traffic Engineer's recommendation in his report of May, 1974, recommending that the speed limit!not be modified until such time as there is a pedestrian facility constructed within this reach. The motion was carried. 2. Director of Public Works ~Report Re: Quito-Pollard Road Improvements and Walkway The City Council approved Mr. Shook's proposal to modify the pedestrian walkway immediately adjacent to the street. 3. City Attorney -'Reported that the.argument on the petition.for the Initiative was heard on Friday, April 30th. 4. City Attorney - Reported that the~petition for the writ on the West Valley E.I.R. has been filed. 5. City Attorney - Recommended ~d~ization touche release for $1,000 check in connection with accident' Of Abe Cori~]h'~975. It was moved by Councilman Brigham and seconded by Councilman Kraus to authorize exchange of this release for $1,000. The motion was carried. 6. City Attorney - Proposed agreement under the use permit for Lyngso Garden Materials, Inc. - Council directed this agreement be held until public hearings before ~he Council on this issue have been held. D. CITY MANAGER 1. Request from Saratoga Historical Park Committee for "GreatAmerican.Junk Sale" on June 19th, from 10:00 to15:00, and on June 20th, from 1:00 to 5:00, at the Swannee Building. It was moved by Councilman Kraus and seconded by Councilman Brigham approval be granted for this event. The motion was carried. 2. Change Orders No. 1 and 2 for Saratoga Historical Park It was moved by Councilman Kraus and seconded by Councilman Brigham approval of Change Orders No. 1 and 2, totaling approximately $1,800. The motion was carried. VIII. COMMUNICATIONS A. WRITTEN 1. Robert Van der Toorren, 14555 Horseshoe Drive, Re: Hillside Conservation- Residential DistriCt.Ordinance. - Noted and filed. 2. Jack Dunstan, 20195 Glen Brae Drive, Re: installation of stop signs at Glasgow and Edinburgh and Miljevich and Kilbride. - Staff to review and report back to the Council in 30 days. 3. 'Pauline Pace, Chairman, Historical Heritage Commission, requesting procla- mation for the week of March 9th ~hru 15th, as Historic Preservation Week. - Approved. 12- Written C~mmunications (Cont'd.) 4.Russell L. Crowther, 20788 Norada Court, Re: Save Our Dollars/Save Our Hills Issue. - Noted and filed. 5.L Harriet C. Lundquist, Saratoga Historical Foundation, requesting use of the Historical Park Museum Building on June 19~h and 20th for a fund raising event. - App~oved. 6. Miles Rankin, 14506 Big Basin Way, suggesting alternatives to the proposed plan for useof the former Arco Station as a bus facility. - Noted and filed. 7.Miles Rankin, 14506Big Basin Way, with additional information on the bus facility. ~ Noted and filed.. 8. Nonette C. Hanko,, President, Board of Directors, Midpeninsula Regional P~rk District, enclosing a ~gp~ of Res61ution 76-10, Supporting Ballot Measures J and K appearing on the City of Saratoga Ballot in the June Election. Noted and filed. 9. Patrick T. Ferranro, Director, District 2, Santa Clara Valley Water District, enclosing a letter relative to the issue of water reclamation. - Noted & filed. B. ORAL (~.~S~'~G~OUP REPRESENTATION ~ The Mayor acknowledged the presence of public group representatives this evening, as follows: Virginia Laden, Planning Commissioner Marjorie Foote, A.A.U.W. Don Sifferman, President, Manor D~. Joseph Donahue, United Taxpayers Homeowners Association of Santa Clara County G. Carlson, Parks and Recreation Ben Gould, President, West Valley Commission ~joint Community College GOv.,Board D. Brydon, West Valley College Rose Aberle (served coffee) Governing Board IX. ADJOURNMENT It was moved by Councilman Brigham and seconded by Coun(ilwoman Corr the meeting be adjourned to Executive Session and to an Adjourned Regular Meeting next Tuesday, May ll, 1976. The motion Was carried. The meeting was adjourned at 12:00 Midnight. :~~ submitted,. ~ 'City Clerk~ . -13-