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HomeMy WebLinkAbout03-02-1977 City Council Minutes MINUTES SARATOGA'CITY COUNCI~L TIME: Wednesday, March 2, 1977 .- 7~3q P..M. ,,.. PLACE: Saratoga City Council Chambers, 13777 Fruitvale Ave.~, Saratoga, Cali~ TYPE: Regular Meeting ~. · · I, ORGANIZATION '~ A. ROLL CALL Present: Councilmen Brigham, Corr, Kraus, Matteoni Bridges Absent: None B. MINUTES · It was moved by Councilman Brigham and'se~ondedby Councilman Kraus the minutes ofFebruary 16,~ 1977 be .a~proved~ and the reading waived. The motion Was carried unanimously. II CONSENT CALENDAR A. COMPOSITION OF CONSENT CALENDAR It was moved by CounCilmanKraus and secondedby Councilman Matteoni the Consent Calendar composition be approved.. The · motion was carried unanimously. . B. ITEMS FOR CONSENT CALENDAR 1. ORDINANCE NO. 64 (Second~ Reading) An ·Ordinance of the Cityl Council Of the City.of' Saratog& Authorizing an Amendmenti to the Contract Between the City- Council and the Board of'Administration of the California Public Employees' Retirement System 2. ORDINANCE NO. 38.B5 (SecOnd Reading) . : An Ordinance of the Citylof Saratoga Amending Chapter 6 0f the Saratoga City Code, Which Chapter ia Captioned "Fire Protection" and Specifically Article'II T~ereof, Relating to Weed and Rubbish Abatement, by Designating the Santa Clara 2z~..'i County Fire Marshal as the Enforcement Officer Thereof 3. MinUte Re~olutionRe: Demonstration PaVement Markings #1,. Pierce Road - Approval of Program and. Execution of'Agreemen 4. Payment of Claims. : . 'It was moved by Councilman Brigham and seconded bX Councilwoman Corr the items for Consent Calendar be approved. The motion was carried unanimously. IIIo BIDS AND CONTRACTS A. ·REVIEW AND AWARD OF COMMUNIT~ CENTER RE-ROOFING PROJECT The City Manager advised onl~ one bid was received on this · project, from California Roofing Company.,The first proposal, for $10,299, required removal of the existing. r~of; ProDosal II, ·! · for $10,093, required removal of excess gravel with the"~ew roof to be installed on top of the existing roof. Community Center Re-roofing Project (Cont'd.) It was moved by Councilman' Kraus and seconded by Councilman Brigham the contract for-the Community Center re-f~ofing' project be-awarded to California Roofing Company for proposal II in the amount of $10,09B. The motion was carried'unanimously. IV. PETITIONS, ORDINANCES AND RESOLUTIONS A. ORDINANCE NO. 38.75 (SeCond Reading) An OrdinanCe of the City of Sarato a Amending the Saratoga City~'~ ~Co~e," a~'d:;S~e~ifi~alty Se~ti0n'-3-5~'Th~r.'~7 Set~in~ and. ~taSri~hfhg-Pr'imF~F~-~'i~ Sp~-ed-D~mft~'fb~ M0t~r'-V~hI~r~s'o~~-~i~ Certain Streets of This City Based on anEngineering and Traf~i'c Survey Conducted within the Last Five Years The City Manager pointed out the.modification to this ordinance since the time .it was intrOdUced.. This modification results from a discussion which took place at a Committee of the Whole Meeting on February 22nd, concerning the speed limitlin the Quito-Vessingarea. The ordinance has since been modifiedto' reflect a 25 M.P.H. limi~ from the intersection of B4cknall to the intersection of~P~Yl~Fd'RF~d~' It was mgved'b~"C6Uneilman Rraus, seconded Dy the findings attached as Exhibit "A" be approved, and Ordinance N~3'8775'b~d~ppt~d'and't~e readln~iV~d. Th~[t~rri~-d-. B. RESOLUTION NO. ~75-f ~ "~ A Resolution Amending R~soluti0n No. 775~I Establishing the Compensation for the City Manager of the City of Saratoga lit was moved by Councilman Brigham and s~conded by Councilwoman Corr Resolution No. ~75-1 be adopted. The motion was Carried unanimously. V, SUBDIVISIONS A. APPEAL BY WALTER MUiR, PRESIDENT,.DIVIDEND INDUSTRIES, INC. RE: SD-1254, DESIGN REVIEW CONDITIONS OF, TENTATIVE SUBDIVISION APPLICATION ' Said con- dition reads: Two-story ~tructures are:prohibited along Saratoga~ Sunnyvale Road. Placement of all two-story structures within the subdivision s~all be subject to Design Review Approval. Mr. Muir, President of Dividend Industries_,~c.,_addressed the Council and presented his ~~Z~eZ ~i L~~l- He indicated that what iS proposed is an 8 in 12 pitch, with dormers out in the front, w4th no windows to th~ rear, ~rHe_ explained that this is not a two=story house; but offers ~ much more~fo~ma~d dramatic roof line: He indicated~ou~d ~i~roU~h~t~'~o~'~~h~O~i ~'l-l-y-~ving something that says you can'.t have this. Also, he indiqated that an 8 in ~2 pitchfis not a two-story house, and it is a colon pitch around the City.. Following considerable discUsSion of this matter, it was the GounCil consensu~'~o refer this matter to t~e Co~ittee of the ~ole Meeting on Tuesday, March .Sth. It was requested Mr. Muir bring photographs of the proposed plan fo~ this meeting. B. SDR-1060 CHARLES REED, FRUITVALE AVENUE The City Manager explained that this iS a situation where the applicant's home is in escrow, and he is read~ to meet the condition to make certain improvements on Fruitvale Avenue. However, at the staff level, there is a problem with those improvements being made at the present time, in that the plan lines have not been finalized for this portion of Fruitvale Ave. Therefore, it is recommended to accept the cash equivalent for these improvements.~ It was moved by CouncilmaniKraus and'seConded by Councilman Brigham to accept $2,772 (estimated for necessary improvements) in lieu of the requirement to make the improvements to this portion of Fruitvale Avenue. The motion was carried unanimously. qualifying for the "Active Citizen" certificate. VI. PUBLIC HEARINGS A. CONSIDERATION OF APPEAL OF~CONDITIONS IMPOSED ON USE PERMIT IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 15 OF ORDINANCE NS-3 TO ALLOW FOR THE CONTINUATION OF A NON-CONFO~IING COMMERCIAL USE IN A RESIDENTIAL DISTRICT, LOCATED AT 14038 SARATOGA-SUNNYVALE ROAD (Lillian Rodoni, UP-315) (ConE'd. 1-19,2-16) The City Manager'advised tMat it has been requested by Mr. Ruffo, attorney representing this applicant in this matter, - requested this be continued to~j~l_~.r~!City Council Meeting of March 16th. The MayOr opened the public hearing at 8:22 P.M. There being no discussion on this matter, it was moved by. Councilman Kraus and seconded by Councilman Matteoni the public hearing be continued to March 16, 1977. The motion was carried~ VII. ADMINISTRATIVE MATTERS A. ~YOR 1. Announced names of addition'al people to .serve on the Village Task Force: Ialeen Granlund, DaveMoyles and Jim Rohner. He indicated the first meetipg of the Task Force will' be on March 21, 1977o' ~ COUNCIL AND COMMISSION REPORTS 1.CITY COUNCIL REFERRAL OF.SENIOR CITIZEN HOUSING TASK FORCE TO PLANNING COMMISSION The City Manager outlined two specific areas recommended for action this evening: 1) .to fold this report into the Housing Element of the General Plan; and 2) to draft the'enabling ordinance allowing Senior Citizen Housing to move forward. Mr. Van Duyn, Planning Dfrector, advised that the Planning Commission has scheduled April 13th as the date for opening ~ Referral of Senior Citizen Housing Task Force (Cont'd.) hearings on the Gen~raliPlan amendments, and they have designated the housing element amendments as one of the items to be discussed. It was moved by Councilman Kraus and sec6nded by Councilman Brigham to refer this matter to the Planning Commission, specifically for the purpose of folding it into the City's General Plan Housing Element, and for the preparation of enabling ordinances in ~eeping with the report. The motion was carried unanimously. 2. CITY COUNCIL REPORT Councilwoman Corr - At the A.B.A.G. General Assembly last week, members were reminded that there would be two General Assemblies in 1978, and it is requested by November 1, 1977, A.B.A.G. be informed of its 1978 delegates. 3. PLANNING COMMISSION RE: (A) RESOLUTION RECOMMENDING A SIX- MONTH MORATORIUM ON BUILDING rN BOHLMAN ROAD SLIDE AREA The City Manager explained that the proposed action con- concerning this matter is that there be an outright prohibition against any new construction on sites in this area. Don Campi, a resident of an existing structure on Bohlman Road, addressed the Council, commenting that there is a lot of money.being spent for the geologic study in the Bohlman Road area, and he is concerned that when this study comes out, it will be the "bibleS' for what goes on up on Bohlman Road with respedt~to future development. Therefore, he urged that when this study comes out, each application be given individual attention. Mr. Campi indicated that in addition to his existing home on Bohlman Road, he has received tentative site approval on a lot in this area which would be encompassed under this moratorium. Gerald Marshall of the.~ity Planning Commission addressed the Council, suggesting'that it might be reasonable to pro- vide an "escape clause" to allow an individual who can demonstrate with a current geologic report, certified by the City Geologist, that the construction would not be impacted by a potential slide, to obtain a building. permit. Jerry Hagen, 15401 Bohlman Road, requested the Council consider an exemption in this ordinance for home additions up to a certain percentage of the original square footage. Don Reichel, 15201 NortOn Road, requested the Council also ~~.c~7~er~a~on additions in which there would be no st~uct~ra{~T-~h~h~g~S','~-B~"'only a re-arrangement of interior walls. Following additional discussion of this matter by the Council, it was moved by Councilman Matteoni and seconded by Council- man Brigham to direct the staff to prepare an emergency ordinance for the next ~egular meeting of the Council, and to give the Council its.thinking on alternate provisions concerning exemptions (perhaps a use permit at the Planning Commission level, or le~s stringent standard of review for construction involving no structural changes, or the idea of a certain percentage remodeling). The motion was carried unanimously. It was further suggested that anyone making application at this time should be informed o~t~he pending emergency ordinance ~i~h'~r~ ~r~t~{~'~f~ e ~em~ i on p r o vi s i on s. - 4 - Recess and Reconvene _~REBORT~..~o~tl_d~)~ (B) APPLICATION OF GEORGE DAY CON- ,~.~, . STRUCTION CO. TO REZONE "HCRD' TO "A" THE PARCEL LOCATED NORTH OF MT. EDEN ROAD, APPROXIMATELY 600 FEET WESTERLY OF PIERCE ROAD It was moved by Councilman Brigham, seconded by Councilman Kraus to set this matter for public hearing on March 16, 1977. The motion was carried unanimously. 4. PLANNING COMMISSION RECOMMENDATION RE: STAFF REPORT, OPEN SPACE FEE CREDIT FOR TRACTS 5922, 5923 AND 5924 It was moved by Councilman Kraus and seconded.by CounCilman Brigham to approve the findings as set forth in the Staff Report of January, 1977,L and grant the recommended 50 DercenE credit on the Parks andsRecreation open space fee.. Th~ motion was carried unanimously. C. DEPARTMENT HEADS AND OFFICERS 1. DIRECTOR OF.PUBLIC WORK~ - QUITO-POLLARD PROJECT, CHANGE ORDER NO. 2 - $250.00 (maximum) It was moved by CouncilMan Kraus and seconded by Councilwoman Corr approv~L6f Change Drder No 2 for relocation of irri- gation ~tandpipe on the Quito-Pollard Road Projecn. The motion was carried unanimously : D. CITY ~,~NAGER' - ~ 1. CITY MANAGER REPORT RE: WATER CONSERVATION PROGP, AM a) Adopt Resolution No ~,- A Resolution Urging the Observati'on of Rules to Eliminate Water Waste During 1977 It was moved by CounCilman Brigham and seconded by Council- woman Corr the adoption of Resolution No. ~5_3-~- The motion was carried unanimously, 2. CLAIM FOR DAMAGES - JOHN LYNGSO, MARY LYNGSO AND LYNGSO GARDEN MATERIALS, INC. It was moved by Councilman Kraus and seconded by'Cguncilman Brigham this claim be denied and referred to theCfty's insurance carrier. The motion was carried unanimously. VIII. CO~.~NICATIONS A. WRITTEN 1. Stanley R. Norton, Mayor, City of Palo Alto, Re: Santa Clara County Intergovernmental Council. - Noted and filed. 2. Robert E~ Browne, Mayor, City of Milpitas, Re: Santa Clara CouDty Intergovernmental Council. - Noted and.filed.'. 3. California Odd Fellow Foundation, Gerald H. Clark, Secretary, Board of Trustees, Re: Waiver of Fees With Regard to the Proposed New Building. Referred to the staff for a report back Eo the Council~ Written Communications (Cont' d. ) 4o Saratoga Coalition for Tax Reform, asking that the City Council join in their request for Governor Brown to come to Santa Clara County to discuss tax reform. It was moved by Councilman Kraus and seconded by Councilman Brigham the City Manager-direct a letter to Governor Brown along the lines suggested in Mr. Kalb's letter. The motion was carried unanimously. 5. Department of Water Resources, P. O. BOx 388, Sacramento~ inviting the City Council and all interested Californians to attend the GovernOr's Drought Conference. Noted and filed. 6. City of Lomita, California, requesting the adoption of a resolution which would'prevent the 'courts of this state from. ordering busing between !SchoolS. - No position taken; City Manager to respond. 7. Dan Mc Corquodale, Chairperson~ Boardof Supervisors, Santa Clara County Transit District, Re: West Valley Transportation Corridor (Route 85). - Noted and filed. 8. David Sipes, Owner, Saratoga Cleaners, requesting limited parking signs be posted on Third Street, west of Big Basin Way. - Referred to the staff for a report back to the Council. B. ORAL C. ACKNOWLEDGEMENT OF PUBLIC GROUP REPRESENTATIVES The Mayor recognized the presence of the following public group representatives: Barbara Watress (served coffee) Gerald Marshail - Saratoga Planning Commission Lynn Belanger, Chairman,' Saratoga Planning Con~hission Jeff Kalb, President, Saratoga Coalition for Tax Reform ~rnie Lowe, Good Government Group Cindy Morris, League of Women Voters~--~ Mildred Gorden,l~e~ti~H~sing Tas[~ce George Bunyard, S~ni~ ~{~l~'~k==F~'rrc~ IX. ADJOURNMENT It was moved by Councilman Brigham and seconded by Councilwoman Corr the meeting be adjourned. .The motion was c~rried; the meeting was adjourned at 10:00 P.M. Respectf ~t~l-y~.l~mitted, City Clerk -. 6 EXHIBIT "A" TCDI SPEED ZONE STUDIES'- ORDINANCE 38.75 Council finds as follows: The Council has considered in its deliberations the traffic engineering study and letter amendment submitted by T.J.K.M. and further considered the concerns voiced by residents of the several areas affected by the recommendations of the study and finds: 1. That due to the narrowness, lack of unimproved shoulders and heavy pedestrian and bicycle volumes, the speed zoning on Allendale Avenue, between Quito Road and 150'% westerly of Chester Avenue, be re-established at 25 mph. 2...That due to the intense commercial, professional and pre-school development, which development generates significant cross traffic volumes, the speed limit on Cox Avenue from Saratoga Avenue to Paseo Presada be re-established at 25 mph. 3. That due to the significant pedestrian volumes generated by several schools and churches, the speed limit on Prospect Road between State Route #85 (Saratoga/Sunnyvale Road) and the easterly City limits be re-established at 35 mph. 4. That due to the significant speed-related accident history, many curves and roadside obstacles, the speed limit on Qu~to Road, between Bicknell Road and Pollard Road, be established at 25 mph. 5. That save and hereinbefore exceptions 1 thru 5, the Council endorses and adopts the remaining recommendations (as amended) of the here- inbefore-mentioned report.