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HomeMy WebLinkAbout06-15-1977 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME:' Wednesday, June 15, 1977 7:30 P.M. PLACE: Saratoga City Council ChambersI, 13777 Fruitvale Ave., SaratOga, Calif. TYPE: Regular Meeting I. ORGANIZATION A. ROLL CALL · Present: Councilmen Kraus, .Corr, Bridges Absent: Councilmen Matteon~ (arrived later), Brigham " B. MINUTES - It was moved by Councilman Kraus and seconded by Councilwoman Corr the minutes of May 24, June 1, and June 7, 1977, be approved. The motion was carried unanimously. II. CONSENT CALENDAR 'A. COMPOSITION OF CONSENT CALENDAR It was moved by Councilman Kraus and~s~econded by Councilwoman Corr the Composition of the:Consent Calendar be approved. The motion was carried unanimously. B..ITEMS FOR CONSENT CALENDAR 1. Construction Acceptance ~ a) Tract 5461, Cocciardi,, Pierce and Padero Roads 2. Final Acceptance a) Tract 5503, Twin Oaks,Associatesr 4th and Oak Streets (Release of Surety Bond) B. Sub-grant under CETA Public Service Employment PrOgram (Renewal) a) CETA Title II contrac~ modification fOr ~eriod October 1, 1976 to December 31, 1976 b) Enter intoCETA TftleiVI Contract for period January 1, .i977 to September 30, 1977 4. Group Medical. and Hospital ~erv ~e Agreement - Kaiser Foundation (Renewal) ~ 5. Payment of Claims ~ 6. City Treasurer's Report 7. City Clerk~s Financial Report It was moved by Councilwoman Corr and seconded by Councilman Kraus the items for Consent Calendar be approved. The motion was carried unanimously. III. BIDS AND CONTRACTS A. APPROVAL OF PLAN AND AUTHORIZATION TO ADVERTISE FOR BIDS~F~'R It was moved.by Councilman Kraus and seconded by Councilwoman Corr to request the'staff to design an asphalt pathway to the Civic Center parking lot, and submit this as an add-on item~'~ ~~z~tvi~'.n S~'F~t~d to advertise for bids. The motion was car~i~d~~'Sl~Y~ ' B. MINUTE RESOLUTION FOR AWARD ~OF' CONTRACT TO PREPARE ANNUAL AUDIT The City Manager advised that proposals to perform the annual audit were received from six firms, ranging from the low bid of $6,250 to ~he high of ~9,950. It was his rec6mmendation the CC~~h~e.~nter%'n~into a letter agreement with rt~ur ~ ders and Company to perform the annual audit'for the n en City of Saratoga for the fiscal year ending June 30, 1977, and if it is found these services are acceptable, the contract be extended for a two-year period, to June 30, 1979. It was moved by Councilman ~raus and seconded by Councilwoman Corr the Contract to prepare the Annual Audit be awarded to Arthur Andersen and Company for their bid of $6,500. The motion was carried unanimously. (Councilman Matteoni arrives 7:45 P.M.) IV. PETITIONS, ORDINANCES, FORMAL RESOLUTIONS A. PETITION IN SUPPORT OF PUBLIC HEARING REGARDING CONDITIONS RELEVANT TO FIRE PROTECTION AND THE IMPROVEMENT O~MT. EDEN'ROAD The City Manager recommended; this item be considered at the time the public hearing on this subject is scheduled. This was agreeable to the Council. B.~_P~?_T~7~IJN~R~_~LE~J~ZING PARKING FOR THE MERCHANTS AND EMPLOYEES OF PLAZA DEL ROBLE AND VICTORIAN VILLAGE · _. Mr. Kirk of Maurice Pierre Beauty Salon~in Plaza Del Robie addressed the COuncil~n~'~h%ff~f'~rchants who signed this petition, stating that fh'~'four~hour'~parking limitation restricts the employees in that they cannot park their cars and leave them for the day. It was requested this matter. be referred to the staff in an attempt to<~~Obie~and a report be prepared for the next regularmeetihg.""' .... ~ ~ I - C. PETITION BY RESIDENTS OF T~E BOHLMAN ROAD AREA TO CLOSE BOHLMAN ROAD AT SIXTH STREET TO ALL TRAFFIC EXCEPT FOR RESIDENTS FROM 7:00 P.M. TO 11:00 P.M. ON JULY 4, 1977 The City Manager indicated that be Koqld recommend ~RRroval~of t~is re~S~ hoKeye~r,~/,~l'?~Zb~,en<s~g~~j7~, ~s"~0_l'~ng to~"T.[arric~=d~d:'f0rls~fety~'~u~.R~,es~%~at l~e 'b~~ a s~riff'~ ~ y~i~'l~[~'t8 insure that the barricades remain stationary'during this time, and those ~esidents on Bohlman Road be responsible for the cost of this deputy, It was moved by Councilman Kraus and seconded by Councilwoman Corr approval of'the request to close Bohlman Road at Sixth Street on July 4, 1977, from 7:00 P.M. to 11:00 P.M., subject to filing of a deposit for the services of a sheriff's deputy. The motion was carried unanimously. VII. ADMINISTRATIVE MATTERS (taken out of order) A. MAYOR B. COUNCILsAND COMMISSION REPORTS 1. Report by Parks and Recreation Commissiop.~,Re: Recommendation to Increase Budget for Foothili Park Development ~Th~Direc.~or-~df~C~nm~nit~'Ser-~ic~sr~p.~ih&~ t~.:basi~rfor~ ~ CPark~'~F~Yi~om~S~iOn to approve an additional $5,000 of park development fees toward completion of theq~'[i~~7- ~ Following some discussion by the Council, it was'moved by Councilman Kraus and. seconded by Councilwoman Corr to authorize the staff to advertise for bids for completion of development for the City-owned portion of Foothill Park, without increasing the budget for this development at this time. The motion was carried unanimously. V. PUBLIC HEARINGS A. CONSIDERATION OF AMENDMENT OF 1974 GENERAL PLAN CIRCULATION ELEMENT THROUGH ADOPTION O~: ~ Master Trails and Pathways Plan Northwest Saratoga Circulation Plan Mr. Van Duyn, Planning DirecFgr, sunnnarizedthe elements of this proposed amendment. He indicated that the Trails and Pathways Plan is in compliance with the requirements of the Planning Commission. Mr. Burt of the Planning Staff explained that this is a comprehensive park plan required to be developed as a result of the 1974 Circu- lation Element. Further, the previous trails and pathways element was really not comprehensive, and the City required dedication of easements. This map looks at the entire system as a complete system to be used by bicycleS, equestrians and pedestrians. The plan was adopted by the Planning Commission on April 21, 1977, and would allow the Planning Corm~ission and Land Development Committee ~o require dedication of easements for trail purposes. He further pointed out that the old plan did not link up with the County ~rails system, and the proposed plan would. Mr. Van Duyn explained that once this particular element is adopted by the City Council in concept, it would be referred to the Parks and Recreation Commission, and then more detailed elements would be considered. He advised that the recommended Council action this evening includes: 1). Approval of the environmental determination; and 2) approval to amend the General Plan to include'the two pro- posed plans. The Mayor opened the public hearing at 8:09 P.M. - 3 R. E. Kauffman, 20700 Fourth Street, addressed the Council. Mr. Kauffman indicated he was a member of the original Trails and Pathways Task Force, and he does not ~ecognize the map before him '~his evening. Furthermore, he recognizes nothing Mr. Burt has discussed this evening relative to, the Trails Report. In considering the whole purpose of adopting an amendment to the original General Plan, he indicated he woul.d ,like to~ca~!.a~ntion to_page 9 of the report in which it states: Ci~ .;~ -_Z_.,__'~.~_~' ~_i_' "While it is the intentio~ of the Task FOrce that the City 'bank' or retain e~sements which appear to be currently .~Z~r~°potentially usable, it is not intended that easements b~ retained which clearly. and reasonably violate privacy or safety, or have no reasonable probability of future use." Mr. Kauffman commented that ~this represents a compromised decision, and it is unfair that the'City should bank'easements indefinitely. ~hi~ would require Council d~terminatioh, however, as to what the ~licy should be with respec,t to the keeping of easements which are not immediatel~+available and of no promise of being useful. Secondly, Mr. Kauffman indicated his concern that if. this plan is adopted, then this becomes the General Plan, and it iS not the ~rivi' privilege of any person within the City to add or subtract from' this plan. Councilman Matteoni commented that it is his understanding what has been brought before theCouncil this evening is a skeleton plan. Mr. Kauffman indicated that he does not recognize what is on the board as being a skeleton plan, and't~at the~lines on page 38 of the report are not those on the board. Mr. Burt advised Mr. Kauffman that the map on age 38 ~'~he · frails~ an~ Fatnways 'fas~ ~'0rce~eport'i~~ea~atic hi~gr~m, and is considered as only a eneral'!~plan, whereby the next plan would be a specific plan. T~e, there is a schematic re- lationship between the plan on page 38 and the one before the Council this evening, as the map on the board was developed from -~t'he~s~e~at~"~l~h0weV'~r,'~'it"deli~eates' more'specific trail"' designations ........... ~-~ Mayor Bridges explained that~ what the staff is saying is the map on the board does not go as far as the one in the rpe6rt because it-i~ is a general plan document and designed to speak to the policy con- cern, i.e., what does the City require in the way of the developer with regard to easements when he comes in tO develop this property. He further commented that the Trails Re~q~t~is_~ve_~ry~_cl~ear, and it h~-s~be~e~-a~qc~eP-t~ed b~M ,thee_ City~QCgu,~nc/~nd-he,poin~ed_e~t th~l Mr. Johnston, City Attorney',' explained that under the State Planning Act, there are two kinds of plans: 1) General or Master Blan (mandatory); and 2) a "speci.fic plan", which requires that the governing body first adopt the general plan element before adopting a specific plan. Therefore, the element'of the specific plan is the second half of what has ,come from th~ Trails and Pathways Task Force. He clarified that this evening, the Council is holding a hearing on the,general areas, and. the specific plan is.something that may occur at a later date. Janet Skinner, a resident of Chiquita-Way.; addressed the Council, stating that she is not sure about the trails and pathways as to who is to use them. She questioned if.they were intended for bicycles and dune buggies, or if they are for walking., Mr. Van Duyn indicated that the report itself is very specific with regard to the use of the trails system -- some of the trails are suggested for equestrian use only; some are indicated for pedes- trian use only, and some are indicated for a combination of uses. However, the trails are not intended to be used for activities involving motorized vehicles. Mayor Bridges commented that one of the things the Trails and Path- ways Task Force did was to propose a specific design for each kind of trail. With regard to motorbikes, he indicated he could not say the City would be completely successful in keeping them'off the trails, but there are things the City could do to minimize their use. Patricia Knapp of Wardell Road stated that she would like to endorse this plan_as a general conceptual idea of the pathways. Further, she would like to recommend that the City Council adopt it, and in so doing, follow up as soon ~as possible with the implementation. It was moved by Councilman Kraus and seconded by Councilwomah Corr to continue this portion of the public hearing with regard to the Master_Trails and Pathways Plan to~'~Jul~_y= 6th,'7~h'd"~'f~rrt~er'~'~-~ ~.'~o~Side~th~'r'~port a~h~o~it~f t~ole M~ting- Tuesday .... The City Manager then asked Mr. Van Duyn to su~arize the proposal for the Northwest Saratoga Circulation Plan. Mr. Van Duyn reported that th~ City, in response to the 1974 General Plan, contracted for the Northwest Saratoga Circulation Study, and in December, 1974, DeLeuw, Cather and Company submitted a pro- posal for this study. He further indicated that the City Council received several petitions from residents protesting this plan. He explained that what the staff has this evening is a suggested alternative to the Circulation Study, reco~ending that the Prospect-Stelling area be selected for this proposed circulation plan. Mr. Burt indicated that this is a conceptual General Plan~%_~ =/j Circulation Element, recognizing the need for a circulation sys'~'~ in the hillsides. He advised that the Traffic Consultant had submitted a report recoEending a circulation element, and further analyzed alternative plans based on the environmental impact in the neighborhoods. After some study, the Planning Staff and Planning Co~ission decided to select the Surrey extension, based on findings that the overall c~ulative impacts of the plan were least disruptive on both the physical and cultural environment, and also, distribution of traffic throughout the area. The City Manager indicated items of correspondence received per- tinent to this issue: 1) Russell L. Crowther, 20788 Norada Court, expressing opposition to the proposed circulation system. 2) Mr. and Mrs. Joel Kore!itz, 13630 Surrey Lane, indicating opposition'to the proposed Northwest Circulation Plan. 3)~R'~~his:,' 20835 ussell Lane, expressing 6~[~iF[~he propose~ circulation plan. ~e Mayor then opened the public hearing on this issue at 8:50 P.M. Dean Joy, 21247 Chiquita Way, addressed the Council, stating that he believes there would be more co~ents if residents on doesn't need. to be any impact because he doesn't see the necessity for this circulation plan. He then presented his letter to the Council stating opposition to the proposed circulation plan. Mr. Joy commented that when they purchased their home, they had no. idea the cities~~of Sunnyvale, Mountain View and the entire area would create a thoroughfare., He suggested another way to go on this might be to take a number of dead-endcul-de-sac approaches. Mr. Joy further 'cOmmented that it sounds' to him like some pressure group is saying: "We don't want it on Comer -- put it on Chiquita." Jim Skinner, 21195 Chiquita Way, commented that he had opportunity to review the Northwest Saratoga Circulation Plan, and on September 21st, the Traffic Consultant had listed a comparative factor rating. He understood that the consultant had recommended tying in Surrey Lane with Chiquito Way; however, it would appear to him that tying into Comer would be a better link with Prospect than with Surrey. Mr. Burt replied that Mr. Skinner is correct in his understanding; however, it comes down to the issue of what the residents are willing to trade off. He commented that he agrees this is not the best street for this use; however, it would have the least environmental impact to the City as a whole. Mr. Skinner stated that he is not in favor of this particular plan, and questioned why a proposal had not been submitted for individual cul-de-sac or sub-streets asLan alternative access for this new development. Mr. Burr pointed out the fact that the City's General Plan prohibits development of a cul-de-sac withf~6~than 15 lots. Mr. Friedlander, 13540 Saraview Drive, addressed the coun~> He indicated that he is very familiar with the traffic that uses Stelling during the rush hour, and he feels, as many of his neighbors do, that opening up a connection between Pierce Road and Prospect with Stelling will generate a large amount of traffic during this~.?~ time. Additionally, the plan would serve the area north of Chiquita; however, it would impact traffic south on Chiquita. As an alter-. native, Mr. Friedlander stated he would like to suggest that the present traffic using Pierce and Saratoga-Sunnyvale Road has not been so great that there has been a cry for a traffic light at this intersection. Therefore, it would be his feeling Pierce Road should be able to accommodate the bulk of this traffic. He commented that the intersection between Chiquita ~nd Pierce Road is a very dangerous one, as there are many sharp corners and many children playing out in the streets. He named other dangerous intersections to be Surrey Lane, Saraview Drive and Sarahills Road. Karen Burke, residing on Prospect three houses away from Stelling and Prospect, commented that it was her feeling the City is going to create more of a traffic problem on Prospect if this plan is imple- mented. Bill Carnell, 21133 ~iquit~a Way, commented that he believes a thoroughfare through here w6Uld be a disaster, in that these are very steep and winding r6ads. Also, he advised that there are children who come up to the top of this road with skateboards, and they are not going to st~away. Karen Corolitz, 16230 Surrey Lane, commented that she knew nothing of this hearing until she received a flyer in her mailbox. She commented that she cannot figure out where this proposed extension is going to go on Chiquita Way. Further, she would like to see the idea looked at of making little streets or cul-de-sacs to help circulate traffic. Mrs. Corolitz further commented that there has been relatively light traffic on Pierce Road,~ and felt it could support limited additional traffic, and asked the CounCil to consider this. 6 - ~a__n~d~ Santori~l lo, 20802 Norada Court, lconmented'tha'~%ee'fel~e proposed~ ~W~S5 would take a lot of traffic off 6'f-starli~ ' quesfioned if the proposed plan ,would tend to dump additional traffic out on.~.'Saratoga-Sunnyvale Road.. He further questioned if there is a ~ed for an additional road to go into this area. Mayor Bridges replied that Highway85 may never be completed. Also, there are a'-number of homes going into this area, and they are going to have to be served ode way or the other. Therefore, it is imperative that the City have a circulation plan of some sort. Mr. Santoriello commented that other traffic is going to use this road -- not only the residents from the new developments. Barbara Stevenson, Rolling Hills Road, addressed the Council, stating that she believes the interest of the people in Saratoga should be considered here, as this is what the City of Saratoga is all about. She pointed out that this area is very hilly -- there have been slides, and the soil is unstable. It was her feeling the road is being put in for the subdividers. Also, p~ople from surrounding cities are going to use this road, and use it a lot. She felt it would he a good idea to extend the road designated as 280, and connect an expressway with Los Gatos. She commented that this plan would not only serve a few homes,-but would be a thoroughfare like you won't believe. She asked the Council if they want to serve the people who live in Saratoga, or the builders. She mentioned the fact that in her son's textbook it talks about the San Jose area as being one of the most developgd areas in the nation, and asked if this is. what the Council wants for Saratoga. Mrs. Skinner, 21195 Chiquito Way, commented that if anyone on the Council has driven on Chiquito Way, they would find there is no way of getting up the road without accellerating to the floor, and there is no way of getting down the hill without breaking all the way.--A~so~ there is-no wayof-turning-t-he corner ~ithout crossi~-- the street onto the other side . She stated that the City of Saratoga is country, and she would like to see it stay that way. She commented that there is no need for a freeway in the hills. Miles Rankin addressed the Council, stating that he was a member of the 1968 and 1974 General Plan Committee. He.indicated that the City was set up to be a residential city with few through roads. He co~nented that what he is'seeing here is not a road that will be used by Saratoga residents, ubt a road used by Sunnyvale, Mountain "~.~'F~ankin"commented that he hears all kinds of reports about Pierce Road being a sub-standard road, and now we are encouraging people to use Stelling and Pierce up into the hills. It was his feeling there is going to be that much development in the hills to call for a through connecting road. Bill Gowman, 20795 Russell COurt, asked how many homes we are talking about serving. Mr. Van Duyn replied that the last application had indicated approximately 105'homes. Mr. Gowman asked how many of~ these homes are on the south side of Pierce. Mr. Burt replied that this area is already developed. Mr. Gowman stated that he then does not s~e the point of this plan, and indicated that it would allow for dumping of traffic onto streets with no population. - 7 - Lynn Stevenson, Rolling Hills Road, commented that she believes the fact that this plan is called the "circulation plan" is very misleading. She commented that she heard the Mayor say: "when this land is developed . ~" and asked what makes him so sure the people are in favor o~ ~h~ development. Mayor Bridges indicated that this landlis currentIX in private ownership. The citizens rejected the~b~t'i~'~'=b~'~'th~l~'d.'7~ and he knows, of· no way to s~op,. develg~m'~.R~i~'~'~h'~fF~ ia~andated by law that'we have a circulation plan. Also, there is public safety involved, and'this Council is doing its best to come up with a reasonable s~lution. CoUncilman Matteoni commented that it should be considered whether the citizens prefer to cater to the developers, or should the Council come up with some overall policy considerations that allow them to react at the time someone comes in and wants to develop this property. He fndicated that the City prefers to give some forethoughtto th~ plan, rather than'allowing someone to come in and dictate to us. Ms. Stevenson commented that the "someone" will be either the developer or the resident who needs to develop his own property, and she felt if this is done, the developer .should be required to pay for the roads. Councilman MatteQ~eplied that the City doesn't intend to build this road for anybody, but i!s.simply trying to lay out a conceptual plan that can be addressed p~iecemeal. George Daner, Sarahills Drive, commented that according to the map he has seen, the traffic. would come up Sarahills and go down to where Sarahills makes another 9~Jde~ree turn. It was his feeling this circulation pattern would transform the character of the neighborhood. 'i~ Mr. Daner commented that he is not basically against develgpers; however, he believes some of the suggestions for alternative routes should be considered. Mr. Bryant, 21192 Maria Lane, indicated he would like to address a number of environmental impact 'details. He indicated that the streets involved in this proposed circulation plan would bombard the area with sports cars, motorcycles, etc. Also, because of the steepness of the area,. thfs large amount of traffic would not be practical. He further questioned the need for removal of trees in this area, particularly the eucalyptus grove. ~oe Wal'ter, Prospect Avenue,lindicated that he is one of the citizens~ho spent three years before the Planning Commission concerning the Parker Ranch, and at that time, he had gone on record requesting to be notified of any potential development in this area. However, he had not been noticed for this meeting, and was very surprised to find the flyer in his mailbox concerning the Northwest Saratoga Circulation Study. Mr. Walter commented that he finds many inadequacies in this plan, and much of the same terminology in this proposal. is taken from the original Blackwell proposal, which was eventually found to be in error. Mr. Van Duyn advised that the DeLeuw Cather report was submitted in 1974, and before the Coun~il's approval of Blahkwell Homes, and the cirdulation study was not a part of the environmental impact report. It was then moved by Councilman Kraus and seconded by Eouncilwoman Corr to con.tlnue this public! hearing to the next regular meeting of~l~'~6~~ l~ tO allow the Council to'obserVe Chiquita Way. The motio?~c~ried unanimous~ly B. CONSIDERATION OF'APPEAL BY MR'. LAUREN HUESE.6F~PLANNING COMMISSION 'DECISION REGARDING RECONSIDERATION OF CONDITIONS RELEVANT TO FIRE PROTECTION AND THE IMPROVEMENT OF MT. EDEN ROAD. The City Manager explained that this is an appeal of the Land Development Connnittee decision relevant tO conditions for dedication and improvement of Mt. Eden Road, The specific conditions appealed are as fpllows: IIzB.ILDedicate and improve Mt.L Eden Road to provide for a 30-foot halfLstreet. A.C. berm to be used in of P.C.C. (concrete) curb and gutter. III-E. Water system. Extensibn of existing water system adjacent to site is required for fire protection. Plans to show location of water mains and fire hydrants. Fire hydrants to be a maximum of 500 feet from buildings. III-F. Prop'osed dwelling must have a minimum recognized water supply capable of delivering 1000 gallons per minute for 2 hours. This is based upon the Insurance Services Office grade for determining a required fird flow to maintain a Grade Five (5) rating. The Mayor opened the public hearing on this issue at 9:57 P.M. Mr. Hulse addressed the Council. He indicated that his objection With regard to improving Mt. Eden is that the only street that feeds into Mt. Eden is Pierce, and Mt. Eden is currently wider than Pierce. Therefore, he seeB'no reason for this improvement. Also, he felt if the road were widened, this would encourage motorcycles, parking, turn-arounds, etc. Therefore, he requested the Council waive this condition altogether. With regard to the water system requirement, Mr. Hulse requested they be allowed to extend the existing fire service to a point' 500 feet within the building,site. Also, he indicated the existing hydrant allows for 750 gallons per minute, as o~Dosed to the requiremen~ of 1000. ~He for the 1000 gallon requiremen~s-t0'maT~i~F~Gra-de~±5<.~ing~~! and Mt. Eden is a Grade 7, and therefore, does not apply. Mr. Van Duyn advised that the intent is to split this site and allow another building site. He further advised that Mt. Eden Road has a present right-of-way Of 6Ofeet, and the City is asking for an additional 10 feet in front of Mr. Hulse's p~operty as it extends southeasterly of the property. This would involve a~tgtal of apDroximately only 40 feet of improvedright-of-way. Mr. Hulse indicated he would like to request the road improve- ment be delayed until the other property is developed On Mt.' Eden. Fred Irany, 13937 Pierce Road, addressed the Council on this matter. He indicated that his concern is motorcycles and noise, and advised that they have already barricaded a portion of Mt. Eden Road so motorcyclists would not congregate there. He indicated that he would like to see th&se improvements made ~fter the entire property is developed, and not in a piecemeal fashion. With regard to the water system requirement, Mr. Irany indicated that he is not being forced~to connect to a new line, and he wondered why this is good fqr him and not for Mr. Hulse.. Mr. Van Duyn explaine~ that ~e reason f0K th4~ i~.~fs~~ property wasq'~'~'~ild~le sYte~ to b~in~f~h..~an~-' t~fo~e ~he requirements ar~i~r~e~iFh~ ~e~' now~St~[lish~d. Councilman Kraus indicated ~hat he has some difficulty with the street widening requirement,T and asked if possibly a deferred improvement agreement might.be acceptable on this.:._Ho,ever, he felt the City should maintain the fire hydrant requirement. Mr. Irany co~ented that all he i.s saying is that this is a duplication of efforts in.that there p~ese~tly is a fire hydrant less than 500 feet from Mr.;Hulse's property It was ,move~ 5X Councilman Kraus =and s~conded b~ Corr carrl%~ ~h~ public hearing was closed at 10:15 P.M. It was then moved by Councilman Kraus and seconded by Councilman Matteoni to deny the appeal asit relates to the water system requirement, and offer a deEerred improvement agreement for the widening improvement to,Mt. 'Eden Road. The motion was carried unanimously. Recess and Reconvene VIII. CO~NICATIONS (taken out of order) A. ~ITTEN A. Ms..Pauline Pace, Chai~an of Historical Heritage Co~ission, re: appoinEment of Mardi Gualtieri as liaison member of the Historical Heritage CoEission, and expressing concern re: allocation of State Urban and Coastal Park. Bond Act Funds for projects in local jurisdictions. Ms. Gualtieri addressed the Council, advising that the State Office of PreserVation.ha~ funds designated for city inven- to=i , thi s = tog h =it g . ~i~'~?i~d~~%h%~i~Y~h~ritage. ordinance l ~ Mayor Bridges indicated that the Council would give consideration to use of these state funds, and als0, would use those services Offered by Ms. Gualtieri ~n the preparation of an ordinance. VII. ADMINIST~TIVE ~TTERS '(Cont'd.)!. C. DEPAR~ENT HEADS AND OFFICER~ (taken Out of order) 1..Report by Director of PUblic Works and Building OffiCial Re: alledged code violations at 14330 Lutheria Way (Cont'd. 6/1/77) The City Manager indicated that the staff has reported that it would tame considerable time to determine whether or not the wall constructed along the street perimeter in front of " this propertylis'in fact in the public right-of-way. Alsoi it was reported that this: street has a.n~ber of other similar encroachments throughout the city. - 10 - There was a further question co nzerning absenc_~of the necessary permit for electrical work. However, the property owner had been advised that no strUcturAl engineering plans or electrical permit would be necessary for anything less than three feet in height. Mr. Ankeny, owner of theisubject propertX, advised that'~!~ght weeks has lapsed since the 'time~7_t~i~F'~'~&~~ed~ ~ and no one has registered a compl~in"F'~t'i'l"hIO~T'Thefefor~ he felt it was unreasonable for someone to ask that this be torn down at this timeo':.Also, he indfcated this was graded accordingly, and he did not have to backfill more than three feet of dirt. Mr. Shorter, adjacent property owner, advised the Council indicating that what concerns him is the cake of dirt at the end of his driveway, andialso, the fact that the wall encroaches into the street. He further indicated his concern with regard to the large tree recently plan~d at this location by Mr. Ankeny, and also, lextence of a potential water run-off problem onto his property. ~Th~-Councfl'~ue. st~d,th~t~--~h~°~-C'~F'~fl~d'{~'g~.OY~iY{~l"-rev~e~.~ ~his situation and--~d~termine-if there is a~n~ed for a ~etaining_ ~all n~a~ the'Sh~er ~ro~e~y-,~and-i~f~So~-work_w~h~Mr~-Anken~ B. COUNCIL AND COMMISSION REPORTS (Co nt'~d.) 2. Report'by Park and Recreation Commission Re: Phase II Development, E1 Quito Park It was moved by Councilman Matteoni and seconded by Councilman Kraus approvalof the plans'for Phase II developmen~,,~and authorization for the staff to proceed with completion of construction drawings. The motion was carried unanimously. 3.Report by Planning Commission Re: Amendments to Ordinance No. 60, 'the Subdivision Ordinance It was moved by Councilman Kraus and seconded b~ Councilwoman Corr the introduction of Ordinance No. 60~4, and the public hearing'be scheddled for July 20, 1977. The motion was carried unanimously. C. DEPARTMENT HEADS AND OFFICERS (Cont'd.) 2.Report by Planning Director Re: Open Space Action Program for Santa Clara-County Mr. Van Duyn, Pla rning~Director, indicated that it-is his feeling the proposed action program puts a strain on the City's development potential, and also, would affect open space preservation. He advised that it is being suggested consideration for a new city grading ordinance to protect resources. Mayor Bridges indicated he would to request these lands be rezoned in acdordance with the Monte Bello Ridge Plan, and was in agreement regarding modification of the grading' ordinance. It wasmoved by Councilman Kraus and seconded by Councilwoman Corr the City convey these comments formally to the County 'Planning Policy Committee. The motion was carried unanimously. 11 - oD. CITY MANAGER 1.Report on City of saratoga - U.C.B. Small Cities Pilot Proj ec t ~o~t it out, and then put together some me~s~r&ment units and additional criteria from which the Council can work to implement the General Plan. This project ~ould enable the City be be able to look at specific developments in the City, in terms of what future projected costs would be to the City., It is anticipated the study'willbe completed by the end of July. 2. Report Re: West Valley Fire Service It was mD~red by Councilman Kraus and seconded by Councilwoman Corr to support the recommendation of the Cities Of Campbell, Cupertino and Los Gatos Co~,go back to the County Board of Supervisors and request the Cambrian stationbe separated from their discussions until next year, and also, communicate the City of Saratoga's support ~o:change the J.P.C. board composition.no consist of officials from the West Valley Cities. The motion was 'carried unanimously. 3o Recommendation to hold Committee of the Whole Meeting on June 29 with the City Planning Commission Re: Budget Considerations (Sales tax and potential development). The~date of June 29th was acceptable to the Council for this joing meeting with the Planning Commission. VIII. COMMUNICATIONS (Cont'd.) A. WRITTEN 1. Geraldine F. Steinberg, Cgunty Board of Supervisors, re- questing contributions t8 "Kids to Camp, Inc." The Council directed staff to communicate to Ms. Steinberg that there are no funds budgeted this year for this type Of contribution. 2. Wildwood Heights Homeowners Association, commending the City on the completion of the Saratoga-Sunnyvale Road and Reid Lane traffic signal. Noted and filedl 3. American Civil Liberties Union, regarding destruction of citizen complaints and resultsof internal affairs investigations. - Noted and filed. 4. Request from Planning Policy commission for comments re: whether or not land use and economic concerns should be continued. It was moved by Councilman Kraus and seconded by Councilwoman Corr to indicate to the' Cqunty that_~C~_!_tv_~.e,~o_~.~s~t~be~ proceed no further on this issue~ue t6 the fa~,t"Ch~'thf'~i would be worked out in the Santa' Cl~'~'Co~y'Co~6~E~f~tion. .5. Russell Lo Crowther, 20788 Norada Court, Re: Northwest Saratoga Circulation Plan'. - Noted and filed.. ' 6. Frank C. Nelson, commending the Saratoga Fire. Department for their prompt response to an emergency situation. - Noted and filed. 7. Jean Foss, President, Los Gatos-Sara~ogaBranch, A.A.U.W., . thanking the City Co~ncfr for courtesies extended during the past year. Noted and filed. 8. Santa Clara County Board of Supervisors extending'an invitation to the City Council to at*tend an official opening for Sanborn- Skyline County Park on Saturday, June 18th. - Acknowledged invitation. B. ORAL 1. Mayor Bridges advised that he would be asking the Council to appoint s Dedication Committee for the new library in the near future, and asked that members of the"Council submit any.suggest{ons for candidates no him. 2. G. Carlson, representing the Saratoga Parks and Recreation Commission, advised that during the hearings on E1 Quito Park Development, there was strong feeling e~pres~ed by residents for two tennis courts. He asked that this be given consideration by the Council. C. ACKNOWLEDGEMENT OF PUBLIC GROUP REPRESENTATIVES The Mayor recognized the presence of p~blic group representatives this evening, as follows: .... Eunice StarK, Good Government Group Miles Rankin, ~ Virginia Laden, Saratoga ,Planning Commission G. Carlson, Saratoga Parks and Recreation Commission IX. ADJOURNMENT It was moved Councilman Matteoni and seconded by Councilman Kraus the meeting be adjourned. The motion was carried. The meeting was adjourned at 12:15 A.M. e ect ubmitted, Ro - :13