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HomeMy WebLinkAbout07-06-1977 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, July 6, 1977 PLACE: Saratoga City Council Chambers, 13777 Fruitvale Ave., Saratoga, Calif. TYPE: Regular Meeting I. ORGANIZATION A. ROLL CALL . Present: Councilmen Brigham, Corr, Kr~us, Bridges Absent: Counzilman Matteoni (arrived later) B. MINUTES Councilwoman Corr noted a qorrection on page 6 of the ~inut~s of June 15th, fifth_paragraph. Indicated this should be modi- fied to read:~'~.".~._a cul'-de-sac with more than 15 lots." It was then moved by Councilman Kraus and seconded by Councilman Brigham approval of the minutes of June 15, 1977. The motion was carried. (Councilman Matteoni arrives - 7:35 P.M.) II. CONSENT CALENDAR A. COMPOSITION OF CONSENT CALENDAR It was moved by Councilman Kraus and seconded by Councilman Brigham approval of the Consent Calendar composition. The motion was carried unanimously. B. ITEMS FOR CONSENT CALENDAR 1. Final Map Approval, Tra~t 15995, 'Leposavich, Sperry Lane a) Adopt Resolution SD-t284~1, approving final map 2. Acceptance of-gifts of Koi Fish for Hakone Gardens 3. Authorizati6n to enter into Agreement for Planning Consultant S~rvices to Revise City Zoning Ordinance 4. Resolution 85-9.28 A Resolution Amending Resolution No. 85-9.25 Revising Salary Ranges for Non-management. Employees of the City of Saratoga ~ ~jS~.'Y~P_a.~t_~of Claims "It was moved by Councilman LBrigham and seconded by Councilman Kraus approval of the Items for Consent Calendar. The motion was carried unanimously. . III BIDS AND CONTRACTS A. .AUTHORIZATION TO CALL FOR BIDS FOR EL QUITO PARK DEVELOPMENT, PHASE II It was moved by Councilman Kraus and seconded by COunCilman' Brigham the staff be authorized to advertise for bids on this project. The motion was ca. rried unanimously. B. CONSIDERATION OF RATE INCREASE REQUEST BY GREEN VALLEY DISPOSAL COMPANY 1~ Rate Modification in Residential Rate-Per-Can Service Councilwoman Corr commented that she has received a a call from one of the residents in the Vineyards complaining about difficulty with deposits of hydro- lic fluid on the roadway from the trucks. It was then moved by Councilman Kraus and seconded by Councilwoman Corr approval of the increase in the residential rate to $2.55 for firstscan service, and $1.60 for second can service, to be effective aE the time the surrounding cities approve said increase. The motion was carried unanimously. Councilman KraUs further~u~t%~'~the staff f I concerning suggest to Green Valley ~h~f"~'16 the complaint at the Vineyards. 2. Distance to Garbage Bick-up It was moved by Councilman Kraus and seconded by Councilman Brigham to approve the policy establishing a $5.00 per month pe~ household charge for service in excess of 100 feet f~om roadside or curbside. The motion was carried unanimously. 3. Resolution NoL 821,' Establishing a Method of Deter- mination of Rate of Return and Necessary Financial Data in EvalUatin~ Rate Increase The City Manager pointed out a modification to Section' I of the proposed re~olution,~to read: "the City shall utilize either or both the following . . . ". It was then moved by ]Councilman Brigham and seconded by Councilman the adoption of Resolution 821, as amended. The motion was carried unanimously. IV. PETITIONS~ ORDINANCES AND FORM4, L RESOLUTIONS A. PETITION FOR LEGALIZING PARKING FOR MERCHANTS AND EMPLOYEES OF THE PLAZA DEL ROBLE AND VICTORIAN VILLAGE The City Manager called attention to an item of correspondencp~ on this issue, from the Village Merchants Association,~"r~'~nn~ing that all merchants and employees park in such places to ~nsure that customers will occupy the most convenient parking spaces. It further ~on~~=~7~h~C~t~ of Saratoga be requested to work with th~'A~s'0~i~i~n~'~i~[ify adequate parking for merchants and their employees, and assist by monitoring illegally parked vehicles. Mr. Shook, Director of Public Works, reported that ~lthough the area in back of Plaza Del Roble is designated as 4-hour parking, the area on the opposite side of Fourth Street is not so desig- nated. He suggested that the Council consider this possibility. Followin~ considerable discussion of this issue, it was m~qved by Councilman Matteoni and seconded by~C6~."~'~am indicate to the merchants and employees 6~'Pla~'~ Robl~ and -2- Victorian Village that the.Councilwould be willing to remove the parking limitation for125 spaces along the creek on FoUrth Street, as well as 6 spaces at the rear of the lot at Plaza . del Robles (near the~_~_h_~b'i~I~&if' they agree to bear the cost for thisre~igni~g." ~---~_u... that the City Council in taking--th~i~acltlon, ~ss6~wL~h--Chi understanding that this pa king mi flYWg' B 'r - ~i'dered if the matter comes back~b~H~ih The motion was carried' unanimously. B. ORDINANCE.NO. 38.12-5 ~ Ordinance of the City of~'Sarato~a ~ending Article VI of Chapter 4 of the Saratoga City Code, ProVi'ding'.for the' Granting' of Franchises for.Cable' TeleVision Syst'e~s inSaid City T~e City Manager outlined the proposed modifications to Ordinance 38.12-4, indicate~ in his memorand~ dated June 30, 1977. He reco~ended 'that the ordinance be introduced. It was moved by Councilman Brigham and seconded by CounCilman Kraus. Ordinance 38.~2-5 be introduced and the reading waived. The motion was c'arried unanimously. V. SUBDIVISIONS, BUILDING SITES, ZONING ~QUESTS 'VI. PUBLIC HEARINGS A. CONSIDE~TION OF ~ENDMENT OF 1974 GENE~L P~N CIRCUiTION ~ ELEMENT THROUGH ADOPTION OF~ (Cont'd. 6/1'5/77 . Master Trails and PathWays Plan Northwest Saratoga CircUlation Plan Resolution No. 820, Amending the Circulation Element of the General Plan by Adding Thereto a Northwest Circulation Plan and Master Trails and Pathways Plan The Mayor indfcated'there~:~w~s. one item 6f/correSpondence ~rom RObert B. ChlebounT,. 14155 SSbey MeadoWs Court,'opposing adoption of Master Trails and Pathways Plan. Pathways Plan at 8:29 P.M. Terrill Barco o~ Camino'Barao aadresse:d the Council, and read his letter into th'e record: "It has been over. three years since the Trails Task Force Co~ittee Was created, alittle over one-and-a-half years .since the Co~ittee's report was written, and one year since it was submitted to the CounCil. In my minority report, I reco~ended to the Council, among other things., that a public hearing be held by the CounCil on the report. At the time'of submission, I also recomended verbally that all homeo~ers groups and associations in ~he city be notified well in ad- vance, and be given an Opportunity to study the report before · the hearing. There are numerous other groups and individuals who in the past 6hree .year~:submitted letters and petitions to the city regarding trails. They received letters in reply · Master Trails and Pathways Plan (Cont'd.) stating in essence that the matter was'under study, and they would be informed. This has not been done. The letter of the law has been met by publication of a public notice in the newspaper, but I am sure all of you will agree that the spirit has not. That definitely calls for a letter to these people informing them the report is finished and is available to them well prior to the publid hearing. A sincere desire to see that.the public is fully informed calls also for similar letters tO the homeowners groups and associations. I therefore strongly urge you to postpone the public hearing on the Trails Task Force Report or any portions thereof, direct the city staff to send out the necessary letters, and then hold a hearing on the.entire report." Colonel Barco ~hen commented that at the time of his verbal presentation to'the City Council, he had pointed out that there were severalcrucial~areas in the plan itself --'~~L- particularly to the map. He further commented that he had agreed with the! ~olution submitted by the Committee; however, he indicated'there are still people who are concerned about these critical areas, and there are people who don't Rnow about this public hearing~ and he believes what he has suggested will gi~e,those people/a fairshake. He added that he,. as welt as the other members of the Committee, would Be gt~d to"help brief~ the homeowners ahead of time so they don't have to come to the hearing and ask a lot of questions. R. E. Kauffman,.20700 Fourth Street, addressed the Council. He indicated thathe is a member of the Trails and Paths=Task~"'~ and pointed out that at theinitial hearing, as well as at't~~ Committee of the Whole Meeting, he had concurred in this general circulation plan, He indicated, however, that his concern is this: As of today, he had been over two pieces of property which appear on the detaile~ maps included in the report, and it turns out that'the Committee when they were led over the pathways were misinformed as to where the property lines and easements were~d~\~two particular properties, it is not possible to p~'t~ ~a~hs where the map shows. Mr. Kauffman stated that he is only concerned at this point that we provide a means for correcting a detail after adopting the general circulation plan. ~ The City Manager commented that he believes this is the same section Mr. Chleboun talks about in his letter -- secti0n{~-d of the specific report. Gary Hart, 14187 Sobey Meadows, commented that on the map he is at the northwest intersection of Sobey Road and Sobey Meadows. He indicated that they petitioned in August, 1974 to have the easement removed, and in a letter from Mr. Beyer dated September, 1974, it is stated: "We will notify you when the matter is scheduled." Mr. Hart stated that he would like to reinforce Colonel Barco's statement in that they depended on being notified other than a very. small note in the paper. Mr. Hart advised that the easement which exists on his property is approximately 35 degrees in steepness, and further, there is a very beautiful Oak tree that is going to have to go, if the Council takes a path through the easement as it exists. Also, there is a~other large Oak that is going to have to be buthered, and it is all to satisfy a loop segment, rather than an arterial segment for the trails. Master Trails and Pathways Plan Cont'd.) Councilman Matte0ni commented that his Unde'rstanding!is.we are looking at a general circulation plan for trails an~ pathways that is not intended toT_speak to property lines,'and the Council has yet to address the specific plan which would nail down which boundary of an individual's~property these trails might go. Mr. Hart responded to this,! advising that if you don't take the easement as it exists on his property to get down below and connect with Chester, ypu cannot get there -- there are no other easements existing on~ adjacent properties,'and the creek interferes wit~.getting any~he~e near Chester. The City ~anager ihdicated ~hat h~ is ~ur~here . are other sections where the City wouldbe likely to find other elements of the specifics ofthe work doneby the Trails and Pathways Task Force whic~ today might not be relevant because of some · type of development .~F~u~_th~_r~'~t~2'~zn~ere:TiFt'~fir~ciean pp . the Trails and Pathways ~Ya'~o~ e~emen~ ~[ '~l~p~eed'~ back in 1972, and have the Council adopt a policy which would provide for some direction.relevant to: 1) the types of trails; and 2) where those might generally go. Then if the City starts to .implement that plan, establish the. specifics, using the Trails and Pathways Task Force Report as the basis for any specific action that the City might take, either as the report recomm~nds~ or modifications due to changes in land use since the report came out in August, 1976 and the time that specific section-Was implemented. In adopting this plan conceptually, we also know those areas where easements have been acquired in the past, and perhaps abandon those back to the property owners because they do not fit into the general context of the plan that~might be approved by the Council. Councilman Matteoni inquired what the timing would'be with- regard to the hearings on.the officially adopted specific plan. The City Manager replied. t~at based on Ithe discussion when the report was presented to the Council by the Task Force, this would commence with the Parks and Recreation Cornmission once the Council had taken action on this portion of the circulation element. Don Norling, 21000 Comer Drive, addressed the'Council.. He indicated that he owns property where there is a path proposed, and he shares ColOnel Bareo's concern about the fact that people in general in Saratoga are not aware of where the plans ar~ propose~, and arenot being given an opportunity to express their concerns. He indicated that they found out'by acdident that their property was proposed for a pathway, and their lot is shown specifically by the lot number 'ahd a picture in the report, with a statement that a path now exists. Mr. N0rling indicated that he went ot the Parks a~d Recreation Department and expressed concern over this, and the statement was: "It is being used in trespass; however, you know we feel that is a good place for a path to go." He had then circulateda petition and submitted it to the Parks and Recreation D~partment opposing a path across this property. He pointed out there is no ease- ment here, but rather, it is their personal property. He indicated that he would encourage all people in Saratoga to read this report carefully ~nd find out where these paths are proposed. It was his feeling that by the City puttinglout'this report, it encouraged trespassing. '5 Mas.ter Trails and Pathways Plan~(Cont'd.) Mayor Bridges pointed out that the detailed report has been available for a year-and-a-half, and has been to hearings be- fore the Planning Commission. It is not something that has just come up tonight. Mr. Norling commented that he is not saying this;'rather, most people who live in Saratoga probably think iris something re- mote to them. He commented that the basic problem is that the paths are being proposed through. developed areas.. He further commented that he ~hi?~e'~"'~he ~Rat_'_w?yy~~o' th~ -prOperties of-th~6~e B'~Q~ng~~'For~e ~o'~[tee .""~"~'~' ~ Mayor Bridges explained that there is a circulation element in the General Plan which speaks to trails and pathways, and presently, it is considerably more extensive than Lthe proposed plan. He indicated that some of these easements are obviously no longer going to be apart of the plan, and what the City is attempting to do now is correct the General Plan through adoption of the new pathways circulation element so there is a basis for conditioning properties as they come in, and to serve as a guide for the Planning Co~ission. He pointed out that before anything is built, there would haveto be hearings before the Parks and Recreation CoEission first, and those would ultimately have to come before the'Council for funding, through the adoption of a specific plan. Colonel Barco again addressed the Council, indicated that he would like to set the record stra~on a couple of items: 1) The report has been in' existence for one year and one month. 2) There hasn't been one public announcement of the existence of that report until th~ announcement came out in the paper a couple of weeks ago. 3) He Dersonally has called the City Offices four or five times in the last year as a member of the coEittee, and asked what is the status. T~e answer he always received was: "We~l, we're working on it.-- it.'s somewhere in the Planning Co~ission -- don't worry about'it,.you will be informed." As late as yesterday, he cal~ed a. me~ber'~ ~the Parks CoEission and asked what was the status. The answer he received was: "I don't know.." He asked hdw the public was supposed to know about this, if he~ 'a m~mber of the coEittee~ could not find out about Councilman Matteoni coEented that what he believes needs to be said about the Trails and P~thways Task Force Report is that it has no legal status at this. time -- it is a coEittee proposal to the City CounCil which has been put inprocess, and it has provided some assistance to the Council in attempting to clean up the General Plan designation for fomer trails and pathways that have run into physical'problems or have no status, and this is.what the Council is about tonight. In te~s of getting that moving in order to deal with specifics, the Council can go fo~ard and adopt what has been presented, in te~s of a General Plan. Also, it was his feeling there should be a mechanism provided to deal with a specific hardship situation, if in fact reality Master Trails and Pathways Plan (Cont'd.) does not allow it to be implemented, so that the individual will not be harmed in improying his propertyl. He indicated he would like to see th~s expedited so that this owner would not have to wait, if the trail is not tied into the specific plan. He indicated he would have no problem in adopting a resolution adopting this amendment to the General,Plan.. Councilman Kraus indicated that he would have difficulty with this, in that every generarplan the City has been through, there has been allowance fo~ a great deal of public input. He would, therefore,·go along with the Trails and Pathways Committee recommendation and allow them to participate in notifying the. homeowners of this'situation, prior to going ahead with the General Plan. Councilman Brigham commented that at this p6int, he is in favor of adoption of the plan, simply to clarify the situation of what he have in the General Plan now. He felt that there are some areas on the previous plan that now'can be abandoned. He felt that if we have the general overall plan, this would expedite getting to SectioniD-1 and others, where we can have the people ngtified, and then settle where the-boundaries and the trails are going to be. It was his feeling if this was not accomplished, we are going to just be spinning our wheelsr Mr Kauffman'again addressedlthe Council, and commented that he would strongly urge that th~ Council consider adopting the resolution to amend the General Plan circulation portion now · for two reasons: 1) The existing plan is riduculous in terms of real· life; therefore, the commissions and staff have nothing to work witb. 2) Until the revised plan is passed, there is nothing more that can be done.. He commented that this is Simply an arterial plah and. a conceptual plan, and commits nobody to anything. The easements on record do not change -- ~asements not on record cab only be had by mutual consent or byteminent domain proceedings, and none of this has anything to do with the adoption of this general plan. Therefore, he would urge that the Council proceed this evening in adopting this resolution. Arnold Pirnie, 20976 Comer Drive, addressed the Council. He stated that the Council calls this ageneral plan, and no specifics have rea~lly been published yet. However, he has seen pictures showing his house and property.within an existing in- formal trail that is available for immediate use, and what this has done is brought people and horseback riders down and across this property because they have seen these pictures and this report. Therefore,~he feltsthis plan was quite specific on some property lines. ·'He indicated that lhe is concerned about the situation because it is'a ridge line that the trail~·runs down -- the picture shows~the trail going right through the middle between his and the Norling~s property -- there is no easement. Further, he has landscaping and sprinklers, and he is afraid because of the steepness, these riders are going to slip and end up.in their pool, which is immediately below the.hill. He would then hold the City responsible for this because it is published in their report. Mr. Van Duyn, Planning Director, advised that if this'trail is within Mr. Pirnie's private property, there is no reason he cannot Dut up a fence. -'7 Master Trails and Pathways Plan (Cont'd. He pointed out,~however, that this may be a deed restriction for this tract. ~ Mr. Pienie suggested that the City do something'immediately to relieve the homeowners that are having the problem right now. The City Manager'commented ~that he would Suggest that these homeowners take the followfng action: 1) Bring the matter to the Parks and Recreation Commission or the Council to get it looked at as a specific section; or 2) Since this is private property, the property owner can control this by fencing. If there is tres- passing, they should call the Sheriff's Department and ask for some enfor.cement. It was then moved by Councilman Matteoni and seconded by Councilman Brigham the public hearing in relation to the Master Trails and Pathways Plan be closed. The motion was carried; the public hearing~ was closed at 9:15.P.M. what was proposed in Resolution 820, deleting all!references to the Northwest Circulation Plan, and then adopting the Master Trails and Pathways General Plan which. was attached as Exhibit "B" of Resolution 820, makihg it Exhibit "A" to Resolution 820.1, with the further statement .that this does not give legal status to the Task Force Report On trails and pathways, but must be implemented by specific plan. The motion was carried, 3 to 2, with Councilmen Kraus and Bridges in opposition to the motion. The Council then proceeded to the matter of the Northwest Saratoga Circulation Plan. The Mayor reviewed, those'written communications received on this matter: Russell L. Crowther, 20788 Norada Court, requesting a copy of the specific General Plan modifications f6r the Northwest Saratoga circulation plan, and any environ- mental impact declarations. (The City Manager advised these had been sent.) Mrs. Henry P. Kaplan, 20745 Sevilla Lane, opposing the Northwest Saratoga Circulation Plan. Dr. Barbara Stofer, 20555~Prospect Road, protesting the proposed road on the east side of the Parker Ranch ridge and the planned subdivision of Parker Ranch. Mr. and Mrs. James Skinner, 21195 Chiquita Way, opposing the Northwest Saratoga circulation plan. Steve de Keczer, 13415 Pierce Road, expressing opposition to the proposed Northwest Saratoga circulation plan. The Mayor .indicated these cbmmunications would be made a part of the record on this mattefT' He then opened the public hearing at 9:22 R.M. Northwest Saratoga Circulation Plan (Cont'd.) Mr. Gross, 13200 Pierce Road, addressed the Council. He stated that he sat for two hours at the corner of Prospect and Saratoga during prime time, and noted that.only twelve percent of the cars turned.toward Saratoga. He indic.ated that to his knowledge, there have never been any counters placed on ~ierce Road, Stelling Road, or ProsRect Avenue to see what the traffic flow was. He commented that Pierce Road is a .two-lane highway -- good for Model A's. Also, between the first 6/10 mile, there are two blind curves, and there is more pe~ling of rubber and problems on that road in which the Sheriff cannot ever get out there in time. He stated that now the City wants to bring a road through nowhere to nowhere. Mr. Gross asked the Mayor if he has in his possession a letter that the roadway into this ~roper~y does not constitute a fraud or conflict of interest by anybody on the Cit~.Council 'or any member of the city organization, by the public. He commented that he bel~e~esL-~he-~ty"i~'~unning a road to nowhere, and that! there is conflict o~ interest and fraud involved here. Councilman Matteoni informe=d Mr. Gross that he is free to look up any statement of the City Council in terms of financial disclosure, and if he finds. any conflict of interest, he should take it to the District Attorney, and any member of the City Council should not vote on ithe matter. He advised that the records are available for inspection by the public. Mayor Bridges further elaborated on this subject, stating that the Council and Planning Commission are required to file each year data which lists any p'roperty they own, and this is kept on file in the City Offices. Mr. Gross then asked the Mayor if he has ever driven down Pierce Road. Mayor Bridges replied that ~e has. SIr. Gross asked {f he felt Pierce ~ould take any heaVier flow of traffic than it does nowL Mayor Bridges replied that the Council is simply ~eviewing a report from a commissioned 'consulting firm which submitted to the City a report.because it has been the Council's desire ~hat property that is developed in the city be developed oh a public street. He'Stated that it is obvious some.of the road patterns in the hills, like Pierce Road, have been grossly under-planned, resulting in the things Mr. Gross is complaining about. Mr. Gross stated that the City would be doing the same thing again. Mayor Bridges asked Mr. Gro~s: "If those hills do develop, where are the p~ople going to go?" ~r. Gross replied that if houses are developed, let t~e con- tractor put a road in there.and dead--end it.and bring it back out down there. Mayor Bridgespointed out that this may well be the result of this deliberation. Mr. Gross stated that the Council is proposing this road for somebody who develops in this area; therefore, let the contractors spend their ~oney to put the road in. The Mayor advised that thislis the intention -- the City is not going to pay for a road. The Council is simply trying to lay - 9_ Northwest Saratoga Circulatiod Plan (Cont'd.) down plans on a. map so that when a developer comes in, the City can say: "Here is where the ~oad goes." Mr. Gross commented that this road is not what the people want -- it is what the politicians want. Councilman Matteoni indicated that at the previous hearing, some of the people that spoke with the Council criticized .the plan for various reasons, but spoke in terms of a cul-de-sac or "loop" roads, as opposed to a continuous road, and he asked Mr. Gross if he would consider this to be a ~etter system. Mr'. Gross replied-that he would prefer this approach, if any roads have to. be built at all. He commented that we are building the roads for homes -- not for speedways, and believes the more stop signs, the more curbs, themore cul- de-sacs, the safer that ro~d is going tobe. Dean Joy, 21247 Chiquita Way, addressed the Council and indicated that he is glad the Council had an opportunity to drive on Chiquita Way. Mr.~ Joy presented a cover letter and 261 names on a petition opposing the plan as presented. He then read the petition: ~'By'this petition, we the' undersigned ~esidents of. Saratoga wish to make known our 'strong~objection to the plan as presented at the last meeting. Specifically, we petition the City Council to disapprove any and all plans for a major collector street through the PaCker Ranch area which - would connect Stelling~and Prospect with Pierce Road via either Chiquita Way, Comer Drive, or Old Oak Way." Bill Swan, residing on the corner of Surrey and Pierce, commented that for eleven years he has commuted Pierce Road during the commute hours, and never has he encountered more than two cars from Surrey to Pierce -L why this highway, he doesn't know. He commented that the only thing he can project is the evaluation of the property that is going to be made available the City is trying to construc~i Don Feri~a~'~7~,~ resident of Sara~e~ Drive, addressed the Council. He indicated that he did not attend the last meeting; therefore, he was not aware of the plan or the reasons for it. He indicated that he felt he could speak for most of those who had purchased homes in this area, and when they did so, they were very happy to know that they were reasonably. far from the nearest thoroughfare, but yet there was reasonable access to the thoroughfare. They weren't interested in getting to Stelling or to Highway 9 intone minute -- three minutes was alright -- just so long as there were not speed paths through their property endangering children, etc. ~C'hu~k~Patt~'~ r. es"~den ~.of~l~.' ak Way, commented that with · t O ~in~i~g'~n~d~rVi~'~%~%"~iast thing we want is more traffic than we already have up there. He indicated that it is beyond him how the City could come up with something that would take all that traffic and have it come out on a road that is already over-crowded. H~ indicated that to be must'go--dD~'S~V[~~'~et to Highway 85, and this is where the problem is. Northwest Saratoga Circulation. Plan (Cont'd.) Donald Norling,-21000 C0mer'Dri~e, indicated that he would like to address specifiCallylthe extenSion-of Comer Drive. He stated that the residents who live on Comer Drive are opposed to the extension, and the plan talks about a temporary extension -- eventually that extension would bef~'~.l~-~[-s~.? Mr. Norling stated that there is a petition on r~co~d~'~h'~ the Blackwell Homes E.I.R. report was up for review,~i_~her residentsD-not only along Comer Drive~--but also, Houston Court and Pierce Road, opposing the extension of Comer D~ive. He commented that he believes they still feel that way. Stephen Fields, 21027 Comer. Drive, indicated there,~have been several petitions circulated and maps with comments on them, and he doesn't understand what is actually proposed, and what is going on. He asked if this couldbe explained. Mayor Bridges replied that ~hespecific plan, as it ~aspresented to the Planning Commission and then forwarded on to the Council, is the one indicated on.the overhead map. He explained that basically, there would be cbllector street -- not a highway which would ru~ through the Parker Ranch property, and Comer Drive would temporarily be connected to it, Chiquita Way would become a part of the circulation pattern, eventually Old Oak Way would connect up to it, and af that time, Comer would be made a Cul-de-saC and cut off. This is the specific plan, and this would be subject to modification. He indicated that the City is going to put some kind of pattern up there. The present pattern as outlined on the General Plan calls for that area to be entered off of Arroyo de Arguello -- off of two streets which are presently dead-ended which were left'that way so the roadway could be run in that direction. Mr. Fields asked whatzis t~e next step after the meeting tonight. Mayor Bridges replied that the Council can decide to do a number of things:+. 1) continue the hearing; or 2) make specific suggestions to staff and ask them to come back with a revised plan: Mr. Fields commented that' he signed the petition which Mr. Joy spoke about, and the l~stsentence of that petition says: "We believe that workable alternatives exist.". Mr. Fields indicated he-would be happy to work with any public group in trying to work out those alternatives. Mrs. Val Volek, 13580 Saraview Drive~ asked the Council if they had been on Saraview or Sarahills within the last year, She indicated that this a difficult situation, in that children come down Sarahills on skateboards, bikes,. motorcycles and cars on two wheels -- they hit ~heir gardener one day who was parked in front of their home'. She stated that the situation'is bad enough now -- there are no sidewalks around Verde Vista, and down Verde Vista is FoOthill SchOOl. She' pointed out that the children will not have bussing next year, and they must use the ~treets. She asked: '~Where do you think you are going to go if you go down Saraview from Surrey, down Saraview, around the corner on Sarahills, a~d onto Verde Vista?" She stated that you are not going anyplace~except around a bunch of curves. 11 - Northwest Saratoga Circulation Plan l(Cont'd.) Therefore, she didn't feel.the plan does anyone any good over their way because they were there first -- the only people it would do any good for are the people who are going to build up in the new areas. 'Mrs. Volek then commented with regard to stop signs. She indicated she called the City Offices and asked foz a stop sign. She talked with Mr. Moeller, and asked that he come out and check the blind corner situation; however, this was never done. She called Mr. Moeller again this year, and he said: "If you really want it done, what you should do is go to the Council meeting and petition it, because if you do this, they have to check it in 30 days." She indicated that she had asked Mr, Moeller when he had to check it. He replied: "When I get time." Mayor Bridges asked Mrs. Volek to give'him the specific corners. Mrs. Volek replied: Russell Lane and Saraview; Sarahills and. Saraview. She further commented that the reason Mr. Moeller gave to her for too many stop signs was: "When you get too many stop signs in an area, people become very careless about stopping; therefore, when they go do an area where they really should stop, they don't." Mayor Bridges commented that Mr. Moeller is correct; however, the Sheriff does issue tickets for notlstopping at these signs. He advised that this would be referred to.the staff, and Mrs. Volek would be notified when this matter comes back before the Council. Mr. Meeker, 20752 Norada Court, addressed the Council and commented that he doesn't have a problem with the collector traffic. However, he indicated what he has a problem with is this plan brings in Stelling, which is sucking all the traffic of~ ~f~H~85 whi~h,~sh~uld have gone to the freeway that ne~'~r~We~t'~rough. ~poi~'t'~'d~h.at during the rush hour, Stelling is bumper-to-bu~B~'7','40~m~l~er-hour. He cormnented that what we are going to get is all these people, instead of making the jog down Prospec~ to Arroyo de Arguello and down Highway 9, is going to come shooting upf-~l~g'~'~aHd~'~dump into Comer and the other streets. Mr. ~g~k~'~=~e~ he doesn't have any problem with it, if cul-de-sacs or dead-ends are put in; however, he doesn't believe it should be connected to Prospect. Dora Grims, resident of Old~Oak Way, inquired if the Councilwas really still seriously considering Old Oak Way as an alternative. Mr. Van Duyn explained that Old Oak Way was an emergency access only; it was not a paved public right-of-way, but a reserve area in case there was an emergency in which the Fire Department would have to have access. ,However, it would not connect up. Russell L. Crowther, 20788 Norada Court, inquired what specific map the Council refers to in the General Plan.which shows the street coming in. Mr. Van Duyn indicated that'the circulation element makes r reference to this. Mayor Bridges further commented that when that subdivision was put in, the houses were specifically left off the ends of those streets so there would be access.to those hills. Northwest Saratoga Circulation Plan (Con~td.) Secondly, Mr. Crowther commented that he believes the Environmental Quality Act identifies projects as either discretionary or ministerial. He asked if, under the conditions of the Act, the Council considers this to be discretionary or ministerial. Mayor Bridges replied that the environmental'impact declaration has been filed as discretionary~._'T~.'Z~T~'~~ ~2 ' Mr. Crow~her indicated he would have four objections to the plan: l) The public has not been adequately informed. He indicated that when he first heard that'this was before the Planning Commission, he called and asked for a copy of the report, and was told copies were not available, and I would have to come to the City Of.fiees to read it. Being unable to find the time to do this, he was unable to get a copy of the report until just recently, after several letters, another letter was filed in which he was sent a copy and was billed $12.20. He stated that he feelS this is somewhat of an abuse in that he believes the cost of reproducing 'the report would have been quite small if it: had been done at the time the copies were produced for the Council. Mayor Bridges commented that the City orders what they consider to be enough copies, and also, the public wishes the City to be frugal with their money. 2) The report mentions that extensive'amounts of grading will be required, and that there will be significant scenic damage in the area. 3) It talks about 300 homes. :.. · 4) Potential damage in terms of drainage systems and erosion of creek banks; expansion of water; street maintenance and police!protection services, etc. Mr. Crowther commented thatthe objects to the conclusions in the report that there will be environmental impact after all of these adverse environmental impacts are stated. He further indicated that he objects to a through street in this area, and the alternative of no through street should be considered. Also, he objects to a through street down from the top of the ridge lines due to the narrowness and steepness of this ridge line. Mr. Crowther indicated he would like to say that he believes we are just coming off of a'major problem in the Bohlman Road area where people in the hills that now own homes may lose their homes, especially if there is a heavy rainfall or if the San Andreas Fault lets go. AlsO, he believes it is totally in- consistent with other areas of the General Plan. He sited specifically the geologic stability map in the General Plan where it shows that the Bohlman Road area, in comparison to this area, has six different classes of stability. Also, it says that the Bohlman_Road area is the most stable, and that this area is[fFfE~8~:~ixt~.out of the six categories, in terms of stability."'I~'~'~h~iY feeling it is totally inconsistent for the Council, on one had, to be putting a moratorium in the Bohlman Road area, and, on the other hand, approving a new series of roads and developments through this area which is 13 - Northwest Saratoga Circulation Plan (Cont'd.) less stable. If was further his feeling that if this is included in the General Plan, it will be totally inconsistent with other areas of the General Plan, including statements that the City is going to preserve scenic quality, and keep people and structures from being subject to hazards, and keep traffic conditions from causing problems, etc. There being no further comm'ents from the audience on this matter, it was moved by Couhcilman Kraus and seconded by Councilman Brigham the public hearing be continu~d_It~nr ~f~d~e,. ' d~'d-'~k"E hej~~6 ~i~6~ ~T~i* ~ e r' ~ a i ~ e r n a~ i v e s ~o~thG-circul~ti~71-a~for~thfsTar~_~--~' ~':~ ~9~cilman Matteoni suggested the staff be directed tp~2~.t Z~kback~at the next regular'meeting of the Council~e~nd~t'i~ ~s~t~ the process to be used iB~e~lishing alte[~6{~esp~ans~~'~ mo~if!~the~r~g-ina-l~m~'iFn-~o--~h&s-e~e~:?~The~;mo~ion'~s earflea unanimously. Councilman Brigham eomented that he would like to voice his concern with regard to the maintenance costs for this roadway s~stem, and suggested at the time alternatives are looked at, t ev be Drieed as to how_.much impact they would have aD the .... ~ futur~bhdge~ .... ..... < ....... . ...... - ~-. B. CONSIDE~TION OF PROPOSED 1977-78 FISCAL YEAR BUDGET ~he City Manager advised that a fomal p~esentation of the 5~dget was given on June 7th, and the Council has had one study session on it to date. He indicated that this evening he would like to briefly smarize the budget, the regenue and expenditure picture, the_proposed changes in the budget over the pre~ious fiscal year, and would then be glad to answer any questions. He indicated that 57 percent of all revenues coming into the City at the present time are considered local, 31 percent comes from state sources, and 12 percent from federal sources. Property tax makes up 18 percent of total revenues; sales and use tax 11 p~rc~t;jieense~_perm~ ts-and-f~l-pe~;--~hise--~ax_7 percent; and local!interest 3 percent. He indicated that it is estimated that revenue from the General Fund will increase approximately 6.57 percent, for a total of $104,630. He indicated that when this budget was DroDosedit was estimated " ' ba~d 'on ~e ;in~o~dt{0n re~ved ~r0~ the'Asse~sor's Office the A.V. in Saratoga would increase 12.7 percent, and this budget is predicated on a 12 percent increase. The actual figure from the County Supervisor indicates the inczehse-will be closer to 16.1 percent. It has been indicated that if the actual increase is greater than the average increase for the City, the City could consider the option of reducing the property tax by the coEensurate amount. The City Manager indicated that he mentions in his report how adjacent cities are able to lower their property tax significantly for the last couple of years, and this is basically because of the increased revenue received from sales tax. He pointed out that~,=~k~'s~tax rate of 23 cents per $100 assessed value%~-~2 '~e~c~e' i~C'i~'~fF~f~e~ $r 0T0'0'0 ho '~e':Ci~,~ ~thi~'~'wou~d '~ay~o:-~ezCity $53.5~ '14 P.~rolDosed 1977 Budget (Cont'd.) Total proposed expenditures are $2,210,385, and this also is predicated on the existing tax rate of 23 cents per $100 assessed value· This reflects an .increase of 10.3 percent over 1976-77, or a dollar increase of $206,375. He then outlined on a chart the distribution of this increase. He summarized the basic changes in the budget, as follows: · Reductio~ of 22 hours per week in the Administrative Services budget (City Manager's Office) - Telephone. Receptionist position changed from full-time to part-time. · Part-time position of Recreation Leader II increased 10 hours per week· The five CETA employees hired by the City would be funded during the next fiscal year· · Reflects the impact of the Memorandum of Understanding for 6 percent increase to City employees· He advised that the City Council account is modified to reflect an increase in the annual audit, and a shift from the General Government account to the City Council account all of the community promotion .... The City Attorney's budget has been increased approxjmately $4,000· The City Manager/City Clerk has increased $11,200. Planning Department reflects a $10,000 carryover for the updating of the Zoning Ordinance. An additional $16,500 is budgeted for the law enforcement contract for the next fiscal year, and $15,000 has again been budgeted for a public safety study. The Bt~I~i'D~ ~e~r~_n~' budge~ 'pr~vide~ 'f~jtH~'~me level of service as in the pre~ous b~et~" ~ere i~ Some fn~reas~ due to replacement of one building inspection vehicle. In the General Government budget, liability insurance, workn~ns c~npensation and Lmemployment cL~ensation insurance costs bave increased $29,500· In Co~nity Services, funds have been budgeted for the increased cost of full-year maintenance for the Historical Park and Saratoga-Sunnyvale Road medians, completion of Foothill Park and Quito Park· . Utility costs for water are anticipated to increase $2,000 (Parks and landscape M~n.tenance), and the budget also reflects $4,0D0 for replac~nent of a pickup truck. The key increase in'the Public Works Department budget is due to vehicle maintenance and supplies, for $2,500· Also, there is $32,000 budgeted for a six-ton roller and one-ton dump truck. This budget also reflects elimination of the maintenance of the A.C. walkway sweeping program by $5,300, and a reduction in the street striping program to $6,200· Traffic signal maintenance has increased $5,000, due to increased m~intenance costs· The Mayor opened the public hearing at 11:02 P.M. John Svilich, Chairman of the Saratoga Festival and Parade Committee, addressed the Council, indicating he would like to express the thanks of. the Parade Committee for the City's allocation of funds for the 1977 parade. He commented that it is his understanding $1,685 .is allocated for this year's parade. He commented that unfortunately, an item came to his attention last week that a rider has been placed on the parade through~ their insurance carrier to the tune of $471, a{~it' t~i~i~hYoun~ iof money was not budgeted for. He stated that this $471 i~ p~tting Proposed 1977-78 Budget (Cont'd.) the Parade Committee in a relatively bad position. Mr. Svilich indicated that his request is if the City Council could see fit to bear 50 percent of this increase of $471, the Parade Committee and Chamber of Commerce could come up with the other 50 percent. He further indicated that they are in a rather precarious position 'with the parade committed, entries have been mailed out and responded to, sheriff's deputies have been obtained, communications systems, permits, etc. are obtained. Mayor Bridges advised Mr. Svilich that this request would be discussed at a future Committee of the Whole Meeting. It was then moved by Councilman Kraus and seconded by Councilman Brigham to continue the public hearing to July 10. The motion was carried unanimously. VII. ADM'I*NISTRATIVE M_~TTERS -7' ~ A. ~ M~,YOR B. COUNCIL AND COMMISSION REPORTS 1.Final Report of Mayor's Blue Ribbon Committee for Review of Governmental Services It was moved by Councilman Brigham and seconded by Councilwoman Corr to accept the report and schedule for discussion at the July 12th Committee of the Whole Meeting. The motion was carried unanimously. 2.Report by Planning Commission Re: 1977-78 through 1979-80 Capital ImproVement Program The City Manager recommended the City Council consider the reports by the Planning Commission and Parks and Recreation Commission at the time the Council reviews the Capital Improvement Program. The City Council concurred in this recommendation. C. DEPARTMENT HEADS AND OFFICERS 1. Director of Public Works Re: P. roblems on Certain City Streets with Radar Enforcement Mr. Shook, Director of Public Works, explained that this relates partidularly to ~peed zoning on Quito Road, Allendale, Cox Avenue and Prospect in relation to the court ';~-'d~termin- ations in these matters. He explained that citations have been disallowed by the court, on the basis that the findings of the COuncil were not Sufficient to~ warSant speed zones different from what the' Traffic Engineer's study recorf~nended. Following discussion ..of this matter, it was moved by Councilman Kraus and seconded bX Councilman Brigham to direct the staff was carried unaimously. 2. Councilman Brigham Re: Election of P.P.C. and A.L.U.C. Reported new co~ittee mdmbers: Chai~oman --Ruth Cannon, John Page, John Brigham, Robert Bro~ and Barbara McNally. 3. Councilwoman Corr Re: Representation to I.C.C. Announced that Needs AsSessment Task Force has completed its study; however, will continue for another year with a new advisory board.. Advised that she'is still a member of the advisory board; however, is now representing the Criminal Justice Planning Board. D.' CITY MANAGER : 1. Claim for Damages - Ms.'Jeanne Gullotto, ~2444 Lolly C0'urt It was moved by Douncilman Kraus and seconded by Councilman Brigham the claim be_denied and referred to the City's insurance carrier for consideration. The motion was carried unanimously. 2, Rep.ort Re: ABAG/MTCICorridor Evaluation It was moved by Councilman Brigham and seconded by COuncilwoman Corr to indicate to ABAG/MTC the City's willingness to parti-. cipate in discussions to try and arrive at a land use solution. The motion was carried unanimously. VIII. COmmUNICATIONS A. WRITTEN 1. Mr. and Mrs. Donald E. Smith, 13748 Via'Alto court, protesting the two-story homes being built by Osterlund Enterprises adjacent to their lot. The Cit~ Manager explained that this request was submitted after the appeal date; the~o_lre,__the C~ulc~i~I has no legal action that it can take~der. th'~ Z~i~ Ordl~ance. The~. Planning Commission took~!.~c'~{B~.~Vin~=~hi~'d[~_'-~'~'~ ~8>, 1977, and the issue this~ni~ · mpact of the proposed two-story home on lot 18 of this development. Following considerable discussion of this request, the Council requested the staff to report back verification of the grading height on lot 18, and to consult the developer concerning possible modifications to'the design. It was requested that this report be prepared for the July 12th~ Committee of the Whole Meeting. 2. Mrs. Marianne M. McDonnal, 15201 Montalvo Road, protesting the opening of Lira Drive as a through street connecting Montalvo R~adto'Vickery. 3. Dr. and Mrs. James V. Marino, 20553 Montalvo Lane, protesting the proposed road connecting the Young property from Vickery through the Arata property to Montalvo Road. 4. Mr. Donald E. Beardsleyjlr~presenting M~s. Ava C. Young of Vickery Avenue, regarding the proposed subdivision of this property. The City Manager explained that the letter from Dr. and Mrs. Marino was submitted as a formal appeal to the Council con- cerning this condition of the subdivision. However, the appeal was received one day after the ten-day time period specified in the Subdivis'ion Ordinance; therefore it could not be considered as an official appeal. - 17 Mr. Van Duyn, Planning Director, e~plained that there is a proposal to extend a public street from Montalvo through the Arata property, through the San Jose Water Works property, and ultimately cul-de-sac at the Young property. However, it is not proposed that!this would connect Vickery with Montalvo. He further explained that the Young property when it is developed would necessitate a secondary accesS; however this would only be in the form of an emergency access, and it has never been the intention to construct a public thoroughfare access· Mrs. McDonnal addressed the Council, commenting that in 1962, she was advised therew0uld be a short cul-de-sac terminating on the Arata property, and the only reason for making it a long cul-de-sac on the Young property is to develop more lots, resulting in a traffic flow out onto Montalvo Road. The question of the the'Vickery easement was discussed, and it was pointed out that~this is not wide enough to afford the Yo~ngs the opportunity to put in a public street. Mr. Beardsley addressed the Council arid pointed out that the problem is not only the~width -- it is the fact they have only a~_~_~.ea~men~,~and the Subdivision Ordinance says that a~T~Gbdi~isiSh of'~o~e than five lots must. be connected to the pd~l-fc~Fcre~t-syS~tem by ~another public street· However, it is a private street, and they cannot dedicate that portion of Vickery Avenue which crosses other people's property to satisfy that condition·' Councilman Matteoni pointed out that since ~beCity is not at the final map_~app~3Z~!_stage=;~i~the ma~'~ cannot be s~'s~h~%a~n'tf~_~y~o.d~i~d~i~at this t~. ~'~n'Yhe'~nse of a motion to continue this matter, Mayor B~dges-~ested the Council proceed to the next item~on the agenda. 5. Mr. Kenneth Cory, State Controller, regarding the County and City Open Space Subvention Entitlement· - Noted and filed· 6. James T. Rohner, Deputy Count~.Counsel, giving his resignation from the Saratoga Village'Task Force~ The Council accepted the resignation, and directed the staff to send a letter on behalf of the City-Council indicating s~me. 7. Mr. N. A. Frank, President, West Valley Taxpayers and Environmental Association, regarding the West Valley College Stadium issue· Noted and filed. 8. S. C. DeBrock, 20546 Reid Lane, regarding a parking problem on Reid Lane. - Referred to the staff for a report back in 30 days· 9· D. J. Sifferman, President of Saratoga Manor Homeowners Association, regarding Condition 10 of Use Permit N0. 296, Lyngso Garden Materials., The City Manager advised he did not interpret this letter as a formal appeal; therefore, recommended it be noted by the Council and no consideration be given to Condition. 10. The Council concurred in this recommendation. 18 - 10. Mrs. Barbara Parker, President, Saratoga Chamber of Commerce, requesting funds for the Parade and Fall Festival. Request to be considered at a Committee of the Whole Meeting, as per discussion with Mr. Svilich.' 11. Mrs. Mary Wade, 14740 Firwell Avenue, prote~tihg-the develop- ment of the Garcia property on Highway 85 and Prospect. Continued for discussion at a 'Committee of the Whole Meeting. 12. Don R. Smith, 15135 ViazColina, complaining that neighbor's tennis court does not conform to City Ordinances, and re- questing the Council's investigation of this situation. Referred to the staff for a report at the next regular meeting. 13. N. A. Frank, P, O. Box 852, enclosing a copy of the latest newsletter of the West Valley Taxpayers Environment Association Re: West Valley Stadium. Noted and filed. 14. Matthew A. Allen, Ma~or, City of Mountain View, advising that the Nominating Committee of the Peninsula Division of the League of California Cities has placed in nomimtion the name of Supervisor Dian~e Feinstdin, City of San Francisco, as League Director. - Noted and filed. B. ORAL C. ACKNOWLEDGEMENT OF PUBLIC GROUP REPRESENTATIVES The Mayor acknowledged the presence of the following group representatives: Lynn Belange~, Chairman,.Planning Commission Bob Flora, Chairman, Blue Ribbon Committee and Member of Parks and Recreation Commission Blue Ribbon Committee Members Gladys Armstrong, ViCe Chairperson Sally Price · Bob Rutherford ~% Arnold Loe (also representing Good Government Group) Ed Comersall, Parks and Recreation Commission Nick Frank, President, West Valley Taxpayers and Environmental Association Ruth Short (served coffee) IX. ADJOURNMENT It was moved by Councilman Kraus and seconded by Councilman Matteoni the meeting be adjourned. The motion was carried; the meeting was adjourned at 12:45 A.M. fully s ed,