HomeMy WebLinkAbout05-18-1977 City Council Minutes MINUTES
SARATOGA CITY COUNCIL
TIME: Wednesday, May 18, 1977 - 7~30 PoMo
PLACE! Saratoga City Council Chambers, 13777 Fruitvale ~ve,, Saratoga', Calif
'TYPE: Regular Meeting
I. ORGANIZATION
A. ROLL CALL '-
Present: CounCilmen Brigham, Corr, Kraus, B~idges
Absent: Councilman Matteoni (arrived later)
B. MINUTES -'
It was moved by Councilman Brigham, seconded by .CoUncilman
Kraus the minutes of April 26th and Ma~ 4th, 1977 be approved
The motion was carried.
II CONSENT CALENDAR
A. COMPOSITION OF CONSENT CALENDAR
The City Manager requested pulling item number 2-from the
Consent Calendar, due to th~ fact this item had been modified
and he would like no discuss this as s separat~ issue.
It was moved by Councitman. Kraus and seconded by Councilman
Brigham the Composition 6f Consent Calendar be approved, with
the exception of item number 2o The motion ~as carried.
B. ITEMS FOR CONSENT CALENDAR
1o RESOLUTION N0..818, A-R~solution of the City Council of
the City of Saratoga Comm~nding Lloyd-C.' FoWler
2. ORDINANCE NO. 38.78,. An Ordinance Amending dhapter 9 of
the Saratoga City Code Establishing Bus Zone on Third Street
3. Payment of Claims
4. City Clerk'S Financial Report
5. City Treasurer's Report
It was moved by Councilman Kraus, seconded. by.~ouncilman Brigham,
approval of the items for Coh~ent Calendar, with the ~xception
of item number 2. The motion was carried.
III ITEMS REQUIRING SEPARATE COUNCIL'-ACTION
A. ORDINANCE NO. 38.78 (Second Reading)
Ordinance Amending Chapter 9of the Saratoga, City Code
Establishing Bus Zone on Third Street
The City Manager exDlained.~hat-.wording.in Sec'tion 1 has been
modified s±nce~the~ime this ordinance was introduced, for
clarification purposes. ~
It was moved by Councilman Kraus and seconded by Councilman
Brigham Ordinance 38.78 be adopted, and the reading be wai~ed.
The motion was carried unanimously.
(Councilman Matteoni arrives 7:35'P.M.)
IV. BIDS AND CONTRACTS
A. EXTENSION OF FRANCHISE AGREEMENT WITH GREEN VALLEY DISPOSAL
COMPANY FOR AN ADDITIONAL FIVE-YEAR PERIOD
It'was moved by Councilman Kraus and seconded by Counci!~m_~an
Brigham approval to extend% the' <~r_~h'i__s'~_e_~gr~m~f~h'~een Valley
Disposal Co. for an additional fiv~j~ar perioHy'~h~o~h
March 1982. The motion was carried unanimously.
B.APPROVAL OF PLANS AND AUTHORIZATION TO ADVERTISE FOR BIDS
AZULE PARK PATHWAY (Cont' d. May 4)
Councilman Kraus indicated he would have a real concern
with this landscaping buffer as recommended by the Parks
and Recreation Co ission, yand felt ,ya' h ,should be
brought over to the north, away from ~h~esidential area.
Following a discussion of this proposed pathway and landscaping
reco~ended by the Parks and Recreation Co~ission in its
memorandum, dated April 29, 1977, and authorization to advertise
for bids. The motion was carried 4 to 1, Councilman Kraus in
opposition.
C. AGREEMENT BETWEEN THE CITY OF SA~TOGA AND T.J.K.M. FOR THE
PURPOSE OF IMPLEMENTING THE T~FFIC SAFETY G~NT RECEIVED
TO ANALYZE HIGH ACCIDENT LOCATIONS WITHIN THE CITY OF SA~TOGA
It was moved by CoUncilman Kraus and seconded by Councilman
Brigham approval of the agreement with T.J.K.M. The motion
was carried unanimously.
V. PETITIONS, ORDINANCES AND RESOLUTIONS
A. RESOLUTION~-123
Resolution Establishing "NO Parking" on Portion of Big Basin
Way and on Oak Street Near. Third Street
The City Manager explained that this resolution is in follow
up to the Council's ~ction at thtrpg~ar meeting on May.4,
moving the bus stop~6~" t~R.16f'~Thi~d Street near Oak Street
to the corner of Also, it wou~d
eliminate the first pa~kingspace on Big Basin Way northwesterly
of Third Street.
It was moved by Councilman~Brigham and seconded by Councilman
Kraus the adoption of Resolution MV-123. The motion was carried
unanimously.
B. RESOLUTIONS-90.3
Resolution Modifying the "No Parking" Zone on Portos Drive
between Harleigh and Myren Drive
It was moved by Councilman~Kraus and seconded by Councilman
Brigham ResolutionS-90.3 be adopted. The motion was carried
unanimously.
C. CONSIDERATION OF REQUEST TO DISCUSS TRAFFIC PROBLEMS ON
ELVA AVENUE (John P0~utre) '
The City Manager advised that Mr. Poutre has requested this
item be removed from the agenda until he has h~d an opportunity
to discuss his concern with some of his neighbors. .The matter.
was therefore removed from. the agenda' at this time.
D. RESOLUTION NO..819
Resolution Designating Local Solid Waste Management Enforce-
ment Agencies
It was moved by Councilman Brigham and seconded by Councilwoman
Corr Resolution No. 819 beI adopted. The motion was carried
unanimously.
VI SUBDIVISIONS, BUILDING SITES, ZONING REQUESTS
VII. PUBLIC HEARINGS
A. CONSIDERATION OF STAFF RECOMMENDATION (CODE ENFORCEMENT
OFFICER) TO DECLARE PROPERTY AT 14631'BIG BASIN WAY A
PUBLIC NUISANCE
The City Manager briefly reviewed the history of this' property,
indicating that subsequent to nhe building coming to disrepair
and then being demolished,.the debris has~fremained on the property.
He explained that the purp'ose for the,~'p~blf~· hearing this evening
is to consider whether or not the Co~l'~ishes 'to declare this
condition a public nuisance. He indicated that Mr. Upson, the
Code Enforcement Officer, has been ~n contact with Mr. Lynch,
and some work has been done to remove the debris. Also, it has
recently been learned tha~ the property is in the process of
being sold, and it the understanding that one'of the'cOnditions
of sale is that the proDerty be_cleaned up within a 3-day Deriod.
~,.tt_-~s the.~ecomme~dat~on of the Code Enforcement Officer to
~ ~ g~t'i~"~{~ h e a r ~ng-t b' fh'["J u'~l~ t' ~ei'Fin"g~f ~h~e~C f t ~C~h c i 1
to better determine the status of this situation prior to taking
action. ·
The Mayor opened the p~.~'hearing atS:03 P.M. '
Councilman Matteoni indicated he would be interested in
verifying the 'understanding that the property had been'Sold,"
on the Condition that it Be cleaned up"within 3 days.
Mr. Will~rd Lynch, 14260,Lutheria Way,,ad~r~ssed ~he Council.'
He explained that'thi~ property has been in escrow twice Iduring
the past 6 months. He ifidicated that the first buye~ had
wanted to work with the Planning Commission and Cit~ Council
with regard to rezoning td allow for a'multiple dwelling. .'.
However, with regard to Mr. Matteoni's question,! Mr. Lynch
replied that there was no provision in the escrow'to remove
the debris. He advised-~hat the buye~ has ~equested that the
~umber be salvaged, however.
Councilman Matteoni a~ked~Mr. Lynch who was handling the sale.
Mr. Lynch replied that it'was Mid-Cit~ Real 'E~tate;' however,
he did not know the name of the title company. Also, the
escrow instructions indicate the purchase to take place within
45 days, or On June 4t~ or 5th.
Way (Cont'd.)
Councilman Matteoni asked Mr.-Lynch when he expected to have
the property cleaned up.
Mr. Lynch replied this would probably be cleaned up by Wednesday
of next week, and that he had one more trailer load to pick up.
Councilman Matteoni asked Mr. Lynch if he would have any
objection to this matter being continued for two weeks..
Mr. Lynch replied that he had no objection to this. He
corfnnented, however, that when the Council took action to have
this building removed, this was recorded on his .property as a
lein, and he inquired how he would go about having th~s removed.
Mr. Johnston, City Attorney, replied that the procedure here
would be to release the encumbrance on the property.
· '7 Councilman Kraus inquired if he was correct in understanding
that everything on this plot will be removed, and there will
be nothing remaining.
Mr. Lynch replied that this is correct, and in fact, he plans
to run a rototiller over the property,
It was then moved by Councilman Matteoni and seconded by
Councilman Brigham to continue this hearing to the next
regular meeting of the Council on June 1, 1977. The motion
was carried _unanimously~
VIII. ADMINISTRATIVE MATTERS
A. MAYOR
B. ~COMMISSION REPORTS
1 Planning Commission Re: Amendment of 1974.General ~Plan
Circulation Element through Adoption of Master Trails
and Pathways Plan and Northwest Saratoga Circulation Plan
Without objection, the;Mayor set this issue for public
hearing on June 15th.
2. Planning Commission R~: Lyngso Garden Materials~ UP-296,
Re: Modification of Condition 10 Pertaining to Street
Access on Manor Drive
The City Manager reviewed briefly the City Council's action
several months ago with regard to Condition 10 of this use
permit. Said condition reads:
"Within 6 months of the adopted date of this
resolution and sabj&ct to appropriate agency
approvals, the realignment of entrance to this
site shall be accpmplished in order to provide
ingress and egress to and from'the Saratoga-
Sunnyvale Road street frontage only. After this
time, vehicular access from this commercial use
onto the residential street Manor Drive shall be
prohibited."
He exDlain~d that Cal-Trans has indicated to the Department
of PuBlic Works that they would not provide an encroachment
permit for any additioh~l median openings onto Route 85
between Manor Drive and the railroad tracks.
ReDort Re: Lvn~so GardeR
Materials, Ihc~ (Cont' d. )
The Director of Public Works has therefore recommended
Condition 10 of UP-296 be re-evaluated and perhaps elimin-
ated,~op~i~/the Manor Drive access and eliminating the
pres~'~fi'~ion,'which in his opinion, ~s~und~sirable.
It was moved by Councilman Kraus and seconded by Councilman
Brigham Condition 10 of UP-296 be referred back to the
Planning Commission, and a public hearing be
to_gjcOnsider_m_~f~ati~n of this condition~e~ly. '~H~ moti~
was carried u~n~i~8~ly.
3. Consideration of Request by ABAG/MTC Joint Policy CoEittee
for City Council Co~ents on Phase IV of the Santa Clara
~iley Corridor Evaluation
It was moved by Councilman Kraus, seconded by Councilman
Brigham this matter be continued to an Adjourned Regular
Meeting on May 24th. The motion was carried unanimously.
C. DEPAR~ENT HEADS AND OFFICERS
1. Director of Public Works Re: Cox Avenue Culvert Recon-
struction (Cont'd. 5/4/77)
Mr. Shook Director of Public Works, indicated that ~he
staf'fh~ not yet Been a~l~' to-conclude th~~l~rt
construction would be able to be accomplished within the
amount budgeted. It was his reco~endation the c~fr
approve execution of the Subdivision Agreement modified
to remove Paragraph 10, regarding construction of the
Cox culvert.
.................. R%' a~i~ed "[b'~"~['~h~"H~'
verbal.agreement that if a culvert design of such cost
to be considered reasonable to the City can be agreed to
by the contractor, the developer would execute a change
in the Agreement to insert this provision at a later time.
The City Attorney suggested formal language be included
in the agreement to cover this situation.
It was the consensus 6f the Councii to continue this matter
for further consideration at the Adjourned Regular Meeting
on May 24th.
D. CITY ~NAGER
1. 5pport Re: Application of Video Engineering, Inc. for
Cable Television Franchise in t~e City O~ SaratOga
The City Manager advised that several weeks ago, the City
had received a proposal for a cable television franchise'
from Video Engineering, Inc. He then briefly s~arized
those areas which he perceived some conflict with the
existing cable television ordinance. This is outlined
in the City Manager's memorandum to the City Council,
dated May 11, 1977.
Mr. Ken DanielfManag~r of Video Engineering, Inc.,
coEented that he would be open to negotiating concerning
autR~c rate increases. He further co~ented With re~ard
~ to~.~he n~b~f~Y~l?~~y~d~i~~ ~ha~
l~t'~hi~h~a~ pr6~Dsed~a~e on~w~h6~e ;wh~e~-ar~
~h~f'd~igna[ion.i~F~i'~'l~r~C~t-the Counci~
- 5 -
Report Re: Cable Television
Franchise Application (Cont'd.)
It was the concensus of the Council to e6ntinue this
matter to the next Committee of the Whole Meeting for
discussionof those areas outlinedby the City Manager,
as well as consideration of the C.A.T.V. Performance
Requirements.
2. Report Re: Increased C0~t for State COmpensation Insurance
Fund
Foliowin discus '
g s~on._=~qoncern~ng~the~State Insurance
o~i'~on~'=~uul'f~"~g .'r~i~{~g=I__a~.~ increase in ~n~t~Tt~
the. State Compensation Insurance Fund, it was moved by
Councilman Kraus, seconded by Councilman Brigham, to approve
the budget addition in the current fiscal year budget in the
amount of $9,750. The motion was carried unanimously.
3. "C~{~'f8~ DamaSes, Pacif~Y~l~ho'~'~ ~'~'d'~le~Y~ Co.
It was moved by Councilman Kraus and ~e~ond~d'by CounhilmanI
Matteoni this claim be denied and referred to the City's
insurance carrier for considerationk iThe motion was~carried
unanimously;
4. Claim for Damages, Jim'=B. Clayton and Barbara A. Clayt6n
It was moved by C6uncil~an MatteonL'and seconded by+
Councilman Kraus this claim ~be denied'a~d referred to the
City's insurance carrier for consideration.'.The motion was
carried unanimously.
5. Annual Foothill Club Memorial Day Parade
It was moved by CounCilman Kraus and seconded by Councilman
Matteoni approvaIto hotd the AnnualFoothill Club Memorial
Day Parade on Monday, M~y 30th,an~-appro~al to close Oak
Street to traffic' un~{1 th'e parade has-left the area. The
motion was carried'~nan~mously~ ~ ,
'COmmUNICATIONS
A. WRITTEN ~.
1. Board of Directors, We'st Valley Taxpayers-and Environment
Association, urging that'the City make its position ~lear
to the West ValleM College t~a_~t large sDectat'or eyents be
sent to the City ~'~7'8_b~t'~n.'%.t~mporary variances
The City Manager advised that it isto City's position that
a temporary use permit is required for events at'the College
which are not college-related. He indidated he ~quld respond
to this letter.
2. Dr. Chuck Dougherty, Director, 21st National Wheelchair
Games, requesting 'the City's contribution.of $3,000 to
help pay expenses associated with conducting this event.
The City Manager advised that there is no money budgeted fo~
this specific activity this year.' The Co~ncil~directed the
City Manager to respond ,~n this regard.
3. Norma Hislop, City Clerk,' Town of Los Altos Hills,~ enclosing
copy of a Resolution Re-affirming the Position of the Town
of Los Altos Hills Re: Santa Clara Valley Corridor. Evaluation
Study "
Noted and filed.
4. Mr. Paul Ross and Mr. Elmer Lamb, thanking the City Council
and City Staff for its cooperation in the building of a
landscape barrier at the end of Pierce Road near Argonaut
Shopping Center.
It was moved by Councilman Kraus and seconded by Coundilwoman
Corr to accept The three gifts dedicated to the City, as
follows:
(1) 24-inch box Olive tree - $213.00
2.84 tons field stone - $166.35
225 lineal feet of telephone ~oles from
Monterey Garden Center.
The motion was carried Unanimously.
5. Marlene Duffin, Legisla[ive Chairman, Los Gatos-Saratoga
Branch, American~Association of University Women, inquiring
regarding the City of Sa~atoga's policy in selecting its
mayor.
Mayor Bridges commentedrthat ~it is his understanding the
first City Council e~tablished the posi'tion of Mayor con-
tinuing ~n office.from year-t6~year, at the pleasure of
the City Council, and the~in~ent was tp give the City of
Saratoga a better position in dealing with its commissions
and county boards.
It was moved by CouncilWoman Corr and seconded by Councilman
Brigham Mayor Bridges' comments be communicated to the A.A.U.W.
The motion was carried unanimously.
B. ORAL ·
Mr. Shook, Director of Public Works, requested.the matter of
the Award of Bids~for the Street Sealing Contract be considered
on the Adjourned Regular Meeting agenda'Tuesday, May 24th.
C. ACKNOWLEDGEMENT OF PUBLIC SERVICE GROUPS
The Mayor acknowledged the'presence of Stan Marshall, Saratoga
Planning CommissiOner; Norm Martin, past Saratoga Planning
Commissioner; and Ron Duffin of the Good Government Group.
IX. ADJOURnmENT
f.
It was moved by Councilman Brigham and seconded by Mayor Bridges
the meeting be adjourned to an Adjourned Regular Meeting on Tuesday,
May 24, 1977. The motion was carried unanimously. The meeting was
adjourned at 9:25 P.M.
City Clerk