HomeMy WebLinkAbout01-18-1978 City Council Minutes MINUTES
SARATOGA'CITY COUNCIL
TIMg: Wednesday, January 18, 1978.- 7:30 P.M.
PLACE: Saratoga City Council Chambers, 13777 Fruitvale Ave., Saratoga, Calif.
'TYPE: Regular Meeting
I. ORGANIZATION
A. ROLL CALL
Present: Councilmen Brigham, Corr, Kraus, Bridges
Absent: Councilman Matteoni (arrived later)
B. MINUTES !
It was moved by Councilman Kraus and seconded by Councilman
Brigham approval of the minutes of January 4, 1978. The
motion was carried unanimously.'
II-. CONSENT CALENDAR
A. COMPOSITION OF CONSENT CALENDAR
It was moved by Councilman Krau~ and seconded by Councilman
Brigham approval of the composition of the Consent Calendar.
The motion was carried unanimously.
B. ITEMS FOR CONSENT CALENDAR
1. Final Map Approval - Tract 5991, Billawalla/Afton Way
a) Adop't ReSolution.No., SD~1280-1, Approving Final
Map
2. Final Acceptance
a) SDR-901 - Goeppner/Vaquero Court
b) SDR-910 - Bowman/Pierce, Road
c) SDR-1041 - Kirk/Pierce Road
d) SDR-1042 - Beth David Synagogue/Prospect & Scully
e) SDR-1069 - Grammer,/Canyon View Drive
f) SDR-1085 - Calarco/Palomino Way
g) SDR-1121 - Lanioe, Inc./Canyon View Drive
h) SDR-1178 - Graham/Lutheria Way
3.. Recommendation to Restructure Building Inspection
Department
a) F. esolution 85-9.32, Resolution Amending Resolution
85-9.28 and 85-9, Adding to Basic Salary Classes,
Employment Position ClaSsification and Compensation
Schedule. for Employees of the City of Saratoga
_/_~_~rr..~_b.)~Ap.p~ro~al of~Repor~t~o~?Ci-t~y~Ma.nager ~.~
~-~4~-._-jAgreement- .Re :~Su~p7le~'C 'No ~ 2= '-to-~ the -'~Lo'~a-l:-tg. ency~ Styate
~ '~Agreeme~t-for~Eede~alj~llP-~o-j_e&t-"~--(-Executed Aug . 1-7-, _19~7?)
5. Resolution 838, A Resolution Describing Process to be Used in
Santa Clara County to ImproveI the Federal Aid Safer Off-
System Roads Program
6. Rayment of Claims
I 7. City Clerk's Financial Report
8. City.Treasurer's Report
III. BIDS AND CONTRACTS '- i
IV. PETITIONS, ORDINANCES AND RESOLUTIONS
Aj RESOLUTION 840
A Resolution of the City Council of the City of Saratoga
Declaring Its Intention to Sell. Real Property
The City Manager explained thatlthis resolution comes about
as a result of the Councit's direction to obtain an appraisal
to determine the. fairlmar~et value on this property. He
further explained that the resolution sets forth a time and
place for public hearing, atwhich time sealed proposals to
purchase the property would be received and read aloud.
The Council indicated its ~desire that the use of this' property
also be specified within t.he bid proposals.
It was moved by Councilman Kraus and seconded by CoUncilman
Brigham to amend the proposed Resolution 840. to include
language in reference to the pr6posed specific use of this
parcel within-the sealed bid document, and the amended
resolution be considered at theiregular Council Meeting on
February 1. The motion was carried unanimously.
B. ORDINANCE 38.7111
An Ordinance of the City of Saratoga Amending Chapter 3 of
the Saratoga City Code, Whi. ch Chapter is Entitled "Miscellaneous
Building Regulations" by Repealing Secfion 3=60.2 Thereof
It was moved by Councilma~ Kraus and seconded by Councilman
Brigham the introducEion Of Ordinance No. 38.71'1 and waiving
of the reading. The motion was.carried unamimously.
V. SUBDIVISIONS, BUILDING SITES, ZONING REQUESTS
A. CONSIDERATION OF 'REQUEST BY SEVERAL PROPERTY OWNERS FOR THE
ABANDOnmENT OF PEDESTRIAN/EQUESTRIAN EASEMENT AT REAR OF
PROPERTIES ON SOBEY MEADOWS COURT -TRACT 5164 (Cont'd. 12/7/77)
The City M~n~ger re~ort'ed~that ~ue to the rainy weather, the
survey f~.r the'~'~ir"~has not.been7comDleted. He therefore,
recommendFd"~h'i~"b'~sidered at the Co~ncil'smeeti~g on
February 15.
It was moved by Councilman Kraus and seconded by Councilwoman
Corr to.continue this matter for a period of 30 days. The
motion was carried unanimously.
VI. PUBLIC HEARINGS
A. CONSIDERATION OF A~ZNDMENT OF 1974 GENERAL PLAN CIRCULATION.
ELEMENT THROUGH ADOPTION OF NORTHWEST SARATOGA CIRCULATION
PLAN (Cont'd. 1/4/78)
The City Manager reviewed briefly the Council's direction on
this matter at the January 4th meeting~ that being to review
- 2
Northwest Saratoga Circulation Plan (Cont'd.)
specifically Plan 2, and bring back an alternate plan
dealing with the area on Kreisler Court and Hillmoor.
He pointed out~item~f~orrespondence related to this
issue:
Petition f~om residents in the IComer-Chiquita area
indicating support of Plan 2~ but requesting that
the Chiqulta-C0mer connection be broken.
Petition from residents on Old Oak Way, suggesting
cutting the Quarry extensionSthrough to the Mt. Eden
extension to Old Oak, and terminating Mt. Eden to Old
Oak extension with a cul-de-sac.
Petition from residents: on Arroyo de ARguello, Kreisler
Court, and Hillmoor Drive, r~questing that Hillmoor
and Kreisler Court be cul-de-saced.
Janet Harris, Comer Drive, speaking to the issue of
through traffic, land expressing opposition to allowing
traffic to come through from Prospect to Pierce via
any road other than Highway 9.
Dennis and Peggy Paldi,.Wardell Road, expressing support
of plan of cul-de-sacs With a fire road.
The Mayor then opened the public hearing at 8:23 P.M.
Jack Kehoe, 20782 Kreisler Court, addressed the Council,
stating that he was one of the participants in Plan 4 which
was presented to. the Cbuncil as'an alternative to what was
seen at the January 4th meeting.' He indicated it was felt
this plan would allow development in the area, and yet not
impact upon the Kreisler Court, Arroyo de Arguello, Hillmoor
· area. Mr. Kehoe expresSed~as.his major coRcer.n~s the fact
that they considerCa~s-~'ve~y:4ange~_interse~t~ons Arroyo
de Arguello and Kreisl~r'Co"d~t-~'and~A=~F6'f6'~"l~uello and
Hillmoor, and the possibility of large flows of traffic
coming in from Prospect-Stelling through this area. He
asked that the Council give strong consideration to this
proposal.
John Rinaldi, resident of Kreisler court, commented thathe
has four daughters, and he moved to Saratoga to get away
from traffic and conditions which his children were being
raised under. Mr. Rinaldi indicated that he noted.in the
minutes of the last meeting that the Mayor had commented that
Kreisler Court was always intended to be a through road, at
least before 1968.
Mayor Bridges interjected at this point to correct Mr. Rinaldi's
statement. He .stated that he had indicated the 1968 General
Plan as adopted showed Kreisler Court as a through road.
ind'ica~n~ [hat'~['~Fst extend out into the intersection to
see oncoming traffic, and this creates a natural hazard.
In addition, he pointed out there are no sidewalks along
_~i s ler Co~t=~Bg~a~royo de A~rg!e~!o. ~.~He 'tbe~n~_in~t_!r.oj~ed
~ al le~te~ from Mr-~jgh~C.~H~'I'i, regib~fety Spe~iali~t---
~ith~the Central Coun~X Safety Council, and' indicated he woul~
~ like to leave with C~e"~gu~cil'his re~.
- 3 -
Northwest Saratoga Circulation Plan (Cont' d. )
Mr. Hall states in his report that he believes extending
Kreisler Court to provide.access to an adjacent area would
not be sound traffic or safety engineering.
Mr. Rinaldi commented that he recognizes that there is no
way the City is going to be able to eliminate the concept
of development from the minds of this Council, and he
recognizes this as a fact of life. He indicated that the
only thing he asks is that the City leave him and his family
alone, and let this be a separate development with a
separate access a~jJw~g them to live among their own people
· arid with"Yheii'7~p~obl~'ii~
Andrew Morrison, 12297 Vid RoncOle, addressed the Council.
He explained that he live~ where Via Roncole crosses the
railroad tracks and becomes Arroyo de Arguello. He indicated
he would like to comment on ~hat is apparently the conmon
practice to convert c~i.ntothrough roads.
Mr. Morrison pointed out the f~ct that yesterday morning.he
had 3,000 gallons of water in his cellar, and the reason
it was there is because the house was built on a cul-de-sac,
and after the original owner bought the property, permission
was granted by the local government for a connection to be
made across the railroad... He explained that this required a
hill to be made to put Via Roncole 6ver the railroad tracks.
However, no one happened'to notice there was a drainage ditch
along the railroad track, and that area was filled in with
no culvert pipe underneath. Thus the reason for 3,000 gallons
of water in his cellar, which is a result of 100 percent
s!o~py engineering~ Mr. Morrison commented that he hopes the
next stage of development is done with more care than was
shown with th~s: previous. eXample~
Andre Bogart, 20800 Wardell Road, addressed ~he Council and
commented that he hopes if the City pue~.in any roads that
come onto an~.of the lower' roads like Arroyo .de Arguello,
they are engineered so that no more water comes down like
the last time.
Russell Crowther, 20788 No~adI~ Court, addressed the'Council.
He stated that his pr~operty has been flooded twi6e in the
last two weeks, and~g~happens every time there is a rain
that lasts longer than one-half hour. He indicated that as~
a result of he has turned to the
(s_~-udy of hydrol~"~'iffd~h~g'~'~Unicated with Santa Clara
Valley Water District and U.S. Geological Sur~ey. Mr. Crowther
indicated he has a letter ~hich he would like. to become a
part of this meeting from John H. Sutcliffe, Associate Civil
Engineer, Predesign DivisiOn ofthe Santa Clara Valley Water
District. Mr. Sutcliffe gives the design flows for CalAbazas
Greek, and comes to the conclusion that the culvert under
Saratoga-Sunnyvale Road ha~ a capacity of 400 cubic feet per
second, and a ten-yearflood flow would be '650 cubic feet
per second. 'Mr. Crowther Commented that it has been found
from the measurements at Station 31, whenever the flow exceeds
500 cubic feet per second,.there is flooding, and there .are
good records of this back through the years. He pointed out alsQ(~
that these are not the most serious rains Saratoga has had. He
pointed out that the culverts and storm sewers do not have
sufficient capacity, and as soon as a culvert flows above a
certain level, the storm sewers cannot drain and they back up
into the street and flood homes :along Arroyo de Arguello and
homes on Norada Court. Mr. Crowther indicated he would like
Northwest Saratoga Circulation Plan (Cont' d. )
to read into the record references which he believes the
Council should be aware of in this area:
Applied Hydrology by Lynsey, Kohler and Poll'is - McGraw, Hill
Open Channel HydroliCs, V. T. Chow - McGraw, Hill
Handbook of Applied Hydrology, V. T. Chow - McGraw, Hill
Urban Sprawl and Flooding in SoUthern California, UoS.
Geological Survey circular 601-B,. S. E. Ranz
Suggested Criteria for Hydrologic Design of Storm Drainage
Facilities in the San Francisco Bay Region, S~ E. Ranz
Environmental Impact of Urbanization on the Foothill and
Mountainous Regions of California, State Resources Agency
document, Nov. 1971, signed by Ronald Regan
Hydrology for-Urban Land Planning, a Guide Book on the
Hydrolo~ic Effects of Urban Land Use, U.S.G.S.. Circular
~5~, 19 8, Lippo
The Effect of Ur~nization on Floods of Different Re.occurrence
Interval.
Water Resources Research of June, 1975, Vol. 7, No. 3, page 431,
G. E. Hollis
Selected Effects of SubdiVision Development on Runoff in a
Small Basin Near Palo Alto~California, U.S.G.S, open file
report~
Mr. Crowther indicated he wouldlike to quoto from the
document signed by Ronatd .Regan which was put out by the
State Resources Agency in 1971:
Page 41, entitled W~ter Rdnoff
"Urbanization of an area generally changes Water runoff
characteristics in two ways: 1) peak runoff; 2) total
runoff volume. These changes have an impact on down-
stream flooding, as well as erosion and sedementation
both on-site and off-sit~.
Studies at various locations show substantial increases
in peak runoff due to urbanization. On the. San Jose
Creek ~nSanta Clara County the peak runoff. increased
1.6 t~es over what it wquld be under natural conditions
of watershed. On. San Pablo Creek north of Berkeley, the
peak runoffincreased by 2.2 times after ur.banization.
On Morrison Creek near Sacramento, urbanization increased
peak runoffs an estimate ~2..3 times. A review of several
studies on peak runoff up in the northwest part of the
United States shows that the peak runoff may be increased
by 1.2 to 5 times over peaks from rural conditions. High
peak rpnoff induces greater erosion on the site of develop-
ment ahd accelerated.stream bank erosion downstream,
considerable increase in sedement deposition (mud) results
from the erosion and floo~ding.!
As mentioned earlier, one of the impacts of greater peak
runoff is the increased frequency of flooding, especially
on downstream areas."
Mr~.Crowther commented that it is clear some of the things the
City is plannin~ here will. make flooding worse. He indicated
that the culverts are under capacity, the storm sewers are
under capacity, and the City approvedlthese things when they
should not have been approved. Mr. Crowther commented that
the residents hold the City responsible for this, and believe
before making the situation worse, the Council should co~e
out and look at the problems and fix the problems before 1
compounding them by passing this circulation plan.
5
Northwest Saratoga Circulation Plan (Cont' d. )
Councilman Matteoni asked Mr. Crowther if~hen he talked to
the people at the Water District he dif~l~uSS~~~f=~
increasing the channel sizes.
Mr. Crowther replied that he i~quired what sort of mitigating
solutions the District would propose, and they had_indicated
they would have to straighten the concrete lined..~chann~lsaas
they are further down in Cupertino. However, Mr. Crowther
commented that the General Plan indicates streams in Saratoga
should be maintained in their natural state, and the chahnels
should not be concrete lined. Therefore, Mr. Crowther clarified
that what he is saying is. that it should be fixed and then
evaluated before making a~y decision on the Circu-lation plan.
Bob Johnsen, resident on Old Oak Way, addressed the Council.
He commented that Plans 1, 2, and 3 are identical in the way
they handle Old Oak Way and Quarry. He stated that their
basic problemis that Old Oak Way is a very old road -- there
is a very sharp dip near the bottom and a very sharp uprise
to the right, and as a car goes: up this, it cannot see ahead
for a distance of about. 10 feet. Therefore, he would think
an~ through traffic ~hat Shows this route as a result of it
going through to Mt. Eden would not be prepared for this.
He pointed out that therefis another blind section up around
the sharper curve, partly because of vegetation, which has
almost resulted in a couple of accidents even between residents.
Additionally, the kids must walk up and down that hill twice
a day in order to get to and from the school bus, and there
are no sidewalks here.
Mr, Johnsen stated it is ~heir feeling to let Old Oak Way to
go through at all would compound an already bad ~roblem. He
stated that if it is necessary to connect~E~_~.i~'~h~
Pierce Road, the suggested solutionlfor Quarry
sufficient, and the upper ~oad whi6h constitutes the Old Oak
extension could be connected through the 'cul-de-sac which
comes up from the Quarr~ R~ad-extension.
Pete Julicher, 12538 Arroyo de Arguello, addressed the Council.
He indicated his concern is the fact that there is a terrible
safety hazard at this intersection...He ~mphasized that the'
other concern he would have is flooding, and it has to be
fixed before anyone can even consider more development.
Mr. Julicher indicated that residents along Arroyo de Arguello
down toward Prospect have considered a lot of alternatives,
and it appears,~their only chance is to sandbag themselves in
along Arroyo, which would be a terribly eyesore, as well as
inconvenience.
Mr. Rinaldi again addressed the Council, suggesting the Council
go out to Kreisler Court and actually view the situation. He
commented that the base of his home is about 25 feet higher
than the roof of the home~on Arroyo, and the water'does rush
down that street. He pointed out the fact that if more roads
are more developed, the natural tendency is for the water to
run down the streets. In addition, people who have pools
ha~e to drain the.pools from the excess water, and the hoses
go into the street, adding Ito th~ water down Arroyo de Arguello.
Mr. Chang, resident on Krei:sler Court and Arroyo de Arguello,
addressed the Council. Mr. Chang indicated he has three
children, and he moved into Saratoga approximately two years
Northwest Saratoga Circulation Plan (Cont' d. )
ago. He mentioned that he moved-to this location because
he wanted a Safe place for his children. Mr. Chang commented
that if Kreisler Court becomes a through street, this would
be unsafe for his children. Further, the corner of Krei~ler
Court and Arroyo is a blind intersection, and is already..a
hazard. Mr. Chang indicated that if Kreisler Court is made
a through street, there will be more water running down from
the hill, and the homes wquld stand more of a chance of being
flooded.
Morrey Nelson, Civil Engineer, addressed the question of
whether Quarry Road could be extended up to meet with the
extension of Old Oak Way, rather than using Old Oak Way.
Mr. Nelson indicated he has studied the topography of this
area, and Quarry'Road does go into a canyon, and it would be
very difficult to make this connection. He felt if a cul-de-
sac were proposed.for Old Oak Way, there should be an emergency
access provided out through the extension and out through
Mt. Eden Road. ' '
Jerry Engle, residing on~ Court off of Quarry Road
indicated that the reside~t~oof this area would prefer QuArry
to be a cul-de-sac, as they do not want the Stevens Creek Park
traffic running over the road, as it does on Mt. Eden. He
stated that in the condition the street is now because of the
water, it will not handle this. He.mentioned that the court
up on Quarry Road goes int. o Tony Cocciardi's gravel quarry,
and all of this water will not go through'the three-foot
culvert on Quarry Road into Calabazas, as the creek will not
handle the water.
Carol Julicher, lj538 Arroyo de Arguello, indicated she would
like to ask the COuncil: "Wh~t are you going to do about the
drainage?" Mrs. Julicher indicated that this has happened
five times in the six years they have lived in Saratoga.
She indicated she called ~aturday night and asked for sandbags,.
and was told: "We can give you the bags, lady -- you get the
sand." She indicated this was either the .Sheriff's Office or
County Communications.
Mayor Bridges inquired when the City crews got out to her
house.
Mrs. Juiicher.indicated they got out there at 8:00 A.M. on
Monday mo~ning, during the'second flood.
Mr. Shook, Dfrector of Public Works, advised that. there were
crews out Saturday night; however, he did not know if they
made it to that locationL He indicated there were problems in
several areas which they were following Up on.
Mayor Bridges indicated there have been a number of plans
advanced to attempt to rectify this problem. At the time of
the Parker Ranch proposal,~there were some requirements placed
on the developers of the Parker Ranch to do some expansion of
those facilities. He ihdicated there are many agencies
involved, and it was a badly designed subdivision. However,
he~jgreed_that we will have to find.an ahswer, and this is
.~ren'~f-l~. ~n~City's Engineering Department.
A resident of Norada Court commented that he thought the
maintenance men did a good job. He indicatedhe has the ease-
ment which has a hole in.ground-where'all the wa~er from the
Northwest Saratoga Circulation Plan (Cont'd.)
foothills collects; therefore, he has a.firsthand'under-
standing of what nature can do. He indicated he does not
C~" have all the statistics and technical information mentioned
previously, but he can see what can happea if these things~.~
are not considered seriously.
Kathy Cochran, Vaquero CoUrt, commented that from what she
understands, Quarry Road is supposed to be a.direct road up
to Mt. Eden Road. She mentioned that there are two creeks
which run parallel to Quarry Road, and the area is very prone
to mudslide. Mrs. CoChran indicated she felt it would be an
illogical decision tO try to make this a through street to
carry major traffic off of Mto Eden Road. She commented that
she felt the road should either be dead-ended Or improved with
elaborate flood controls as they have lost part of their road
during the past three days.
Chuck Patter, Old Oak Way, commented that he has the alternate
thrill of listening to the near accidents on Old Oak Way
and watching the dirt bike riders go up Quarry Road with the
County Sheriffs in close pursuit. Mr. Pattee commented that
he doesn't believe it makes sense to extend Old Oak Way, for
reasons of safety, and Quarry Road.is very narrow and windy
and is bordered by a creek the entire length. He indicated
that the road would have to be widened to make it passable,
and he doesn't know where this would go as you can't cut into
the hillside, and the expense to widening the road towards
the creek would be unsurmountable
Dianne Bolger,~ Vaquero Court, agreed with the previous speaker,
stating that the narrowest part of Quarry used to be 19 feet,
and now has washed down t~ 18 feet. Therefore, she suggested
the Council come out and look at this road again before giving
any further consideration to making this a through traffic road.
Sandi Santoriello, 20802 Norada Cou~t, commented that the
Circulation Plan as stated was to bring traffic from the
northwest corner into and toward the center of town, and he
does not feel any of these plans will do this. He further
stated he does not believe the City should adopt any plan at
all for the hillside development, but wait and' try to solve
some of the problems related to this evening.
Chuck Heuer, resident of Kreisler Court, indicated he would
like to go on record stating that he opposes any extension
of Kreisler Court. Secondly, he indicated he wohld like to
take exception to a statement of the Mayor at the last meeting
~on.this issue, that "Kreisler was always meant to be a through
street."
Mayor Bridges interjected that this is not what was said,
but that the 1968 General Plan'shows Kreisler Court as la
through street.
Mr. Heuer indicated he is anoriginal resident of Kreisler
Court, and it was his understanding the high school would be
built, and the end of Kreisler Court would be an athletic
field, and the reason it was left open was that it would be
an emergency exit only.
Bruce Cass, resident of Maureen Way, indicated that he feels
the message is loud and clear that a great number of citizens
of Saratoga are concerned about the development of the north-
west qua~'~_)of the city. However, he as a relatively new
resident, {s goihg to present some statistics that were brought
- 8
Northwest Saratoga Ci~cdla~ion Plah~ (Cont'd.) t
to mind. He indicated there are approximately 22 million residents
in California -- eqivalent to the entire population of Canadal--
and this 22 million residents live on 16 percent of the
available land area. This tells him that it is a desirable
place to live, and we are going to experience some crowding.
Therefore, he commented that he believes we must learn to
live an develop together in a spirit of cooperation..
With regard to circulation of traffic through this area, he
would like no speak to the issue of safety at the intersection
of Via Roncole and Prospect. Mr. Heuer commented that there
are 80 homes in this area that use Hoover School as the primary
elementary school for that area, and these homes all use
Via Roncole as its traffic method. Therefore, he would suggest
as part of the traffic plan, an alternate rou~e be provided
for the expansion of the northwest site in order to be able to
get to Prospect and Stelling.
Dick Felder, Hillmoor DriVe, addressed-the Council.' Mr. Feld&r
advised that he has only lived~for 3~' months, and since
that time, he has seen friends ~e~ve is house and drive to h
the corner of A~royo. and Hillm0or and almost be swiped off the
road by .a car turning onto Hillmoor. He Commented when you
make that turn,. it is almost impossible to stay in your own
lane unless you are going 2 miles-per-hour. Mr. Felder
indicated that he has seen kids come down the street on their
skateboard~ and nearly miss being killed at that corner, and
'a neighbor mentioned to him that he had a truck end up in
his bedroom at this corner. He indicated that the street
slopes at the center, so when you are at the corner, you
really can't see what is happeningup the street. Mr. Felder
indicated that he believes it would be a terrible mistake to
extend this street a~ ali.~"~_'TL~-~ .... _~'i~7.. '~ D~.~
iS there water coming off the Fremont School property, or is
it the water running down Kreisler and HillmOor
Mr. Felder indicated he.was not able to.answer this; however,
for the entire Weekend, aI1 they could see was water running
down the two gutters along the side of curbs and it ran at
a very strong rate.
Mr. Santoriello commented that with all the mud at the bottom
of Arroyo, it is his feeling this must be coming from the
undeveloped property at the top of the hill.
Clifford Smedley, 12126 Via Roncole, indicated he has lived
here ever since the road was constructed. Mr. Smedley
indicated that they had also appealed Via Roncole being
open~to Arroyo de Arguello and the other courts. However, at
that time, they lost, and now everyone uses Via Roncole,--
narrow as it i~.-- as an on-ramp to Highway 85. Mr. Smedley
indicated that unlike some of the people on Arroyo de Arguello,
he has witnessed at least 4 accidents.on Via Roncole. He
indicated that he would also remind the Council that they were
promised that if any of this back area.were developed, there
would be another transit ~oad installed to help remoVe some
of the traffic congestion ion Via Roncole. He stated that
tonight he is asking the Council t9 honor that promise.
· 9
Northwest Saratoga Circulation Plan (Cont ' d. )
Lauralei Harris, resident gf Maureen Way and Via Roncole,
addressed the Council. Sh~ stated in all of this discussion
of flooding, it occurs to her that if the City is looking
for techn61qgy to control flooding in residential.area, she
would suggest talkiNgto someone from northwestern United
States.
Ms. Harris 'commented that the problem which Mr. Smedley refers.
to is in the Saratoga General Plan of 1974, page 23, which
states:
"If the high school property should become available for
development and is developed in low density residential
use, it should be served by a collector whichwouldre-
lieve traffic pressure on Arroyo de Arguello.'!
She then noted on page 29 the following ~tatement:
"However do development,Dinareas A and B has increased
traffic'flows along Arroyo de Arguello~and-Vi~ Roncole,
adequate access for future development on the.high
school site in area A should relieve some of the existing
traffic pressure."
Ms. Harris indicated she has looked at all of the plans, and
has considered what the people on Kreisler Court have
suggested in relation to Plan 4. She indicated she would sub-
mit this is not adequate to handle the problems of traffic
which exists on the Arroyo de Arguello-Via Roncole collector
street a~ .it is._and~she would supp'ort most~ s.trongly_~lan~2~.
-" ~ve~'~.ed~Eh~i~-f~t-i~A.b-¢ut-des~y~Eh~p~
that section, about. being left alone, about preserving what
they 'have, and she would submit the fact that we are all
Saratogans, and all have a.stake in the atmosphere of the
entire co~unity, and a stake in the benefits that we have here.
She indicated that it is unfair to ignore the concerns that
residents have on Via Ronc01e that were already eviden~ in
1974, and would therefore ~upport Plan 2 as a reasonable
solution. Ms. Harris co~ented that Plan 2 has a dual action,
and it has a double choice for people in this area to be
going out to Prospect. She felt that Plan 4 does nothing to
relieve the situation onVia Roncole, and is only going to
increase it, and there already is an'excess amount of traffic
on Via Roncole. '
Mr. Rinaldi co~ented that he sppathizes with the problem
Via Roncole is having, but'he does not like to see residents
in the area placing blame on other residents in trying to
expand on the problem. He clarified that ~hat he meant when
he said he wanted to be left alone is to let the new develop-
ment exist on its 0~, and possibly send it around t8 Big
Basin, but to get it away from existing Homes.
Tom Klein, resident on H~llmoor Drive, cohented that he
spoke at the preyious meeting in favor of cul-de-sacing
Hillmoor; however, taking into account the fact that,there
will be approximately 65 ~dded
he is not sure. this is such a good
he does not believe any of these plans are satisfactory. .He
felt that what has to be looked at is the fact'that there ~s~.
a high ~chool site which was planned ten years ago, and all
access roads for this were closed. At the same time, there'
10 -
Northwest Saratoga Circulation Plan (Cont'd.)
was a plan for Highway 85 'to go through. It was his feeling,
therefore, if the City wants to open up this area, it is
going to have to access independently, and get some kind of
service road coming from Prospect and Stelling.
Mr. Crowther asked what zoning density was being assumed
with 65 to 70 homes in this area.
Mr. Van Duyn, Planning Director, replied ~hat the Fremont
Union School District property has a potential for a total
development yield of 25 to 30 units. The.lower end of the
Parker Ranch, the Moore property and a portion of the Hall
property, ~w~o~ld involve 15 to 20 units. This would fall
under ~p~e~_~.tial of a 20,000 zone designation.
Mr. Crowther commented that the General Plan shows a park
at the end of Kreisler Court, and he would like to know what
happened to this. Als0, he commented if you look closely at
the geological features of the lower si~e of the "Y", you
that it is very prone to mud sliding. Mr. Crowther indicated
he would like to remind two members of the Council -- Mr.
Matteoni and Mrs. Corr -- who attended a forum in his area
two years ago, that they said they recognized the problems
of this area, and if elected, they would support development
of the school site with one-acre sites becauseof the problems
of flooding, traffic, etc.
Harotd~iewis.,=~resident on Hillmoor Drive and Arroyo de Arguello,
~comme~[e~i~h~{s'main reason for commenting this evening is
iF~t'~fh~C~cil know Hillmoor residents are concerned.
Mr. Lewis indicated he would definitely favor cutting Hillmoor
and Kreisler off.
Councilman Matteoni asked Mr. Van Duyn if there is a park
proposed in the General Plan in the area of.K~eisler Court
and Hillmoor Drive.
Mr. Van Duyn indicated there iS a five-acre park site desig-
nated for the lower end of this property. He indicated it
hasntt been definitely determined as to where the park site
sould go, and it will be more closely examined by the Parks
and Recreation Commission when there is development activity.
A citizen voiced his concern on potential earthquakes in this
area, stating that if these roads are closed off, there will
be no access roads for emergency servih~s.
Fred Bedal, 20785 KreisleriCourt, indicated that one of the
things mentioned in the 1974 General Plan was that routing
of streets would ~rovide some relief 'of the people on Krro~o~
de Argue_~l_,l~o. Mr.~ ~ldat ~o~m~ented tha~i~i~l~h~ ~i
~.a~eprovi~dt'~conneCt ~=~d~Ii'i'~d'p~ospeetL ~o~ h~u~ally
C~roug~ K~f~l~r-Cb~t"~'~d~Hi-l~ty~oor, thi~is not going to
cut the traffic vol~e on Arroyo de Arguello, and will increase
the volume for~,people who live between Hillmoor and Wardell.
Mr. Bedal indicated thathe also did an analysis of the traffic
study which was conducted in 1974, and concluded that the plan
befor~ the CoUncil this evening is not consistent with what
was requested by the signers of the petitionsfrom residents
~n the Kreisler Court and Hillmoor area, and it is not con-
sistent with what is desired for Via Roncole. Mr. Bedal
-~11 -
Northwest Saratoga Circulation Plan (Cont'd.
advised the basis of his analysis indicates that if the
streets are cut through, you could probably expect 25 percent
of trips originating from that developed area would use the
Kreisler Court and Hillmoor connections, going in the
direction of Via Roncole and Wardell. The resultant is that
although there is a reduction of peak traffic Volume in the
area of Via Roncole, the net traffic increases because there
more homes which are originating trips. Therefore, from a
traffic point of view, people from Hillmoor, Arroyo de Arguello,
Kreisler Court, and Via Roncole are going to be better off
if tile courts stop where they presently exist.
Mr. Bedal raised a second point, stating that it would appear
in the wisdom of p~evious Planning Commissions and City
Councils to put the beginning of a court is reasonable
expectation that the street was not going to be a through
street.
He further commented that on Sunday morning, he hadLobserved
a number of homes which had water lines, and he measured
the water line at one of the homes at 11~ inches. It was
his feeling the problem of flooding is going toincrease if
the Council adopts the plan as shown, the reason being that
water generated by those streets are going to course down
Hillmoor and Kreisler and aggravate an already impossible
problem.
Mr. Bedal concluded by stating that he believes this plan
for a through street is gqiDg to aggravate problems for every-
body, and he does'n't believe it is in the interest of anyone
to adopt this situation or the situation where Kreisler and
Hillmoor are through streets.
Tony Macaluso, resident on Hillmoor and Arroyo de Arguello,,
addressed the Council, indicating he would like to support
earlier statements this evening relevant to hazardess traffic
conditions on Arroyo de Arguello. Mr. Macaluso indicated he
was the party referred to in which the truck plowed into the
bedroom wall. He stressed the fact that this is a dangerous
street with many curves and blind areas. He felt that by
opening up Hillmoor and Kreisler, this would add to the
hazardous traffic conditions on Arroyo.de Arguello. Therefore,
he urged the Council seriously consider the alternatives to
minimize the hazardous conditions on Arroyo.de Arguello.
Bill Schuster, 20802 Hillmoor Drive, commented that he
appreciates the problems the City is having.at this time.
He indicated that he walked out onto his street the other
evening when it was raining and noticed that water was running
off the hills coming down into the homes 6f people below.
Therefore, he felt this was the problem the Council should
deal with right now. Mr. Schuster indicated he was concerned
about all the traffic that might come down Hillmoor, and
supports the fact that bo~h of thes&.stree~s should be blocked
off.
Lauralei Harris again addressed the COuncil. She indicated
that the mattero£KreislerCoUrt as a name has come up.
However, she believes what Ehe road was named was done so
for whatever reason. Als6, there is a fence at the end of the
street, as well as the end of Hillmoor which says there was
some reason for not putting a house at the end of both of these
streets. Ms~.Harris~co~n~e~d"th~_~'~ it would be lovely if we
12 -
Northwest Saratoga Circulation Plan (Cont ' d. )
could have exactly and precisely what we wish. She =
commented that you could cul-de-sac everything and force
all of the traffic onto Prpspect and Saratoga-Sunnyvale
Road~ However, she commented that it is a real world, and
the City has established a through connector s~ree[ -- the
Wardell, Arroyo de ArguellO, Via Roncole complex --'and it
has become loaded with traffic and more traffic. Now the
City has an option in Plan 2 to spread the impact of'the
traffic to give people options about whidh way to turn and
h~ they elect to gol, to handle the fact that much of th~s
traffic moves north. MS. Harris further. c0mm~nted that it is
a known fact that one of the problems with the County is
that industrial development is stillin the north, and
residential development isin-the ~outh. Sheindicated
that the residents on Via Rdncole are very concerned about
wh~t will be done in a circulation planu~o handle the over-
load,~of traffic that exists, and this really has to be
addressed along with the interests of other'people in the
area.
Andrew Morrison, resident of Via Roncole, again addressed
the Council. He commented that as far as the performanceI
of the maintenance crews at the City, it was his observation
they were trying to Do a good job -- they were even nice
enough to come to his home~in the middle of the storm and
tell him what the~ had done.up_a__lqng~the rai!r_p.oad tracks.
Mr. ~ Kalb
Morrison commented that(Crt~Tf/!candida~e~:eff
had made a statement that a Unit'ed-Ca-t-i-forn~B~kf~Ud~
had shown that the additional tax revenues gained from the
development of this area amounted to ~25 per family, and if
we didn't have any more development at all, it would cost.
about $12 per year more per family. Mr. Morrison indicated
he would be willing to pay $100 per year to keep this area
the way it is. However, he realizes that the area is going
to be developed; however, he would question if it is going
to be developed in a manner that will not make matters any.
worse, but would improve them, or would it be done in the
manner ~n~wh_~ch the area around his home was developed.
~_~IS~rison rpointed out that it appears we are not talking
ab~lY~'~'pr0elems 'this evening. It was his feeling-the
Council has some serious ensiderations to addres~ before'
talking about new roads. He asked if there was some kind of
deadline or reason why this plan has to be.resolved at this
time.
Mayor Bridges responded"to this, indicating that the CounFil
has been at this since 1974, and i~etrying to keep the kind
of "willy-nilly" development that went on in Mr. Morrison's
neighborhood from occuring, by laying down the traffic patterns,
rather than allowing the developers to do it when they come
in with their parcel maps.~ .
Mr. Rinaldi, previous speaker on this subject, inquired if
the Council feels it has enough information to vote tonight
on the alternatives which have been presented. He wondered
if it would be a good idea to have access ~o a more 9urrent
environmental impahtsreportowhich would show existing traffic
patterns and the effects of Othe various alternative plans
which have been presented and discussed.
Mayor Bridges explained that when the Council ~dopts the plan,
±tGwill adopt the Negative Declaration.
-'13 -
Northwest Saratoga Circulation Plan (Cont'd.)
Mr. Rinaldi commented that it would be his recommendation
before a vote is taken on selecting one alternative over
another, a professional group certified to prepare environ-
mental impact reports study the affects upon existing, as
well as future homeowners.
It was then moved by Coundilman Matteoni and seconded by
Councilwoman Corr the public hearing be closed. The motion
was carried; the public hearing was closed-at 10:15 P.M.
Councilman Matteoni commented that we tend to forget problems
and took.at things in isolation, as demonstrated by the
recent rainfall and overflows, and to focus on this in a
meaningful way 'cannot be looked at from a standpoint of
circulation. Therefore, he believes the City needs to come
up with a specific study of these problems -- perhaps a
flooding element to the General Plan -- providing good base
data recognizing these problems and speaking to the solutions.
He indicated he would be in favor of putting together a
"semi-circulation~'~e believes some of the features of
Plan 2-A are softehi~gof the through connection by having
emergency access points. It was his feeling there should
not be the cul-de-sacs through the School District property,
but a connection with the lower cul-de-sac, and a dotted
series of lines between the upper cul-de~sacs. He indicated
he would be inclined to leave the connection at Hillmoor at
this time; however, leave Kreisler Court cul-de-saced due
to the possibility of a park.located here. Councilman
Matteoni explained that he is speaking in terms of leaving
the dotted lines on the loops that come off of the upper road,
and connect the lower two cul-de-sacs so that this traffic
can move out toward Prospect.
Councilman Kraus pointed out the fact that the citizens made
a conscious decision not to purchase this property, and the
Council is trying to work out a situation to avoid getting
into the same problems as before.._ He indicated he is appalled
at the flooding~p~6~f~r~s', an~ lhe' f~r~F~'~ is done
with this circUl~e±on-probt~m,'z'~met~i~g'mus't~be~db~ about
this water situation. Also, it is his.feeling one of these
streets has to go through to relieve the traffic situation
on Via Roncole -- he would have no problem with leavi~fi~gthe
loops as dotted lines at this time --
~he'~'l~h'8'~'dT~o'~~l~V~ -so~e' of the ~t~aff~d!
Councilman Brigham indicated that he would agree with
Councilman Kraus that the flooding ~tuation should be a
top priority. He indicated~'~2~r~:_~_~ah.'~T~-t~believes
Kreisler Court and Hillmoor create a very serious traffic
hazard, particularl~ KreiSler Court, and he would therefore,
be in favorof Plan 2-A, with another access onto Prospect.
Councilwoman Corr commented that she felt if there were new
roads up in this area, we would be putting in n~w storm
drains, and eliminating some of the run-off. She felt it
is important to thihk about some through roads in this area
in that we have to think about the daily trips~of school
buses, mail trucks, people going to market, people going to
work, and if we make them go around, we are only generating
more traffic, more fumes in the air, etc. She further
indicated she would still like to keep a through road through
the high school property. However, she would like to see
the tentative loops through the Parker Ranch area, and she
would be willing to settle for either Kreisler Court or
14 -
NOrthwest Saratoga Circulation Plan (Cont'd.)
Hillmoor as a connection.~
Mayor Bridges stated he would like to see the Council adop~
a plan in concept, and then refer_itrback to-the Planning
Commission for review and commentj He indicated' however
that~'~dwourd~h~ve~f~'~'~~it~'~olse! areas of'
Old Oak'W~y'in~ Qu~-R~ad~ando-.~f.~th~e~C8'6~il does approve'
these roads, it be done in a very general way.
He indicated that Plan 2 would be the one' he would be'willing
to look at -- he is not particularly hung up on having a
connection at both.Kreisler and Hillmoor, but he believes the
school property will develop within the hear future, and he
doesn't know how the City is going to .condition the developer
to obtain~'~-'~l Moore's propert~ and connect it with
Hillmoor Dr~ve~'~ i.. .
It~was then movedby Councilman M~tteoni and seconded by
Councilman Kraus to' adopt Plan 2-A in concept, with the
provision that it be referred back to the Planning Co~ission
for specific cogent, particularly with regard to Old Oak Way
and Quarry Road, aS well a's specific report and cogent with
respect to the Kreisler 'Court-Hillmoor Drive alternative
.connection between the'School District property.~ This would
~ean.the adoption ofPlan 2-A, with the modificatiSn o~
removing the lower two cul-de-sacs onthe School District
property and~t~~connecting them. Therefore, he
would put do.t~d'lin-es~t~ Kreisler Court and Hill~oor Drive,
and connec~'Jh~.~~. %~ . E~his report
come 'baCk bef~the~ Co~t ~{~R~"T~otion was
carried, 4 to 1, Cou~'f't~Br~gham i~'~opposition.
It was~then moved b~ Counclman .Kraus and seconded by Council-
woman Corr to direct staff~ to take i~ediate action to identi.fy
flood problems and provide' further analysis.' The motion was
carried unanimously.
B. CONSIDE~TION OF INTENTION'TO ABANDONA WALKWAY BETWEEN
FREDERICKSBURG DRIVE AND SOUTHERN PACIFIC ~ILROAD T~CKS
LOCATED BE~EN 12~57 and 12355 FREDERICKSBURG DRIVE'
The City Manager explai~edla~it~ l~st~ meeting'when this
matter was ~iscusse~, the Coundil agreed to schedule this
public.hearing for ~he. exp~essed purpose of indicating its
intention onWhether or'not to ~bandon'this easement.
Since that time, the City has received a letter.from Southern
Pacific indicating that as'a result of'recent action by the
California Public Utilities Co~ission for non-motorized
vehicle and pedestrian railroad crossings, and they c6uld
accept something less than an automatic signal'at this
crossing. This would be required, along with the guarantee
from the City that it would enforce Section 22450 of the
Vehicle Code pertaining to bicyclists and pedeStrians.on such
a crossing.
I~Z~ ~ ~k~ ~ ~al~~' e~ ~= i t ~ ~u 1 d r eq ~$~000~
~000'to--~a~~~Yk~~ for 'a recognized
pathway and meet the requirements for a safe crossing.
The Mayor opene~ the, publi~ hearing at 10:55 P~M~
15 -
Abandonment of Walkway - Fredericksburg Dr. (Cont'd.)
Murrey Segal, resident of 'Sheridan Circle, addressed the
Council. {t was his feeling the plan to abandon the ~alkway
is ill-conceived. He stated that the children do walk to the
Blue Hills School area or the playground via that route, and'
a new development is under~y in the immediate area which will
add between 40 to 80 homes:, placing additional children into
the Blue ttills School area. He indicated that to date this
is the only safe off-the-roadway (Highway9 or Cox) to get
into the Blue Hills School area, and it is an area that should
be maintained.
Linda Callon, 12598 Fredericksburg Drive, expressed the fact
that the children use the pathway to get from the 85 homes
that make up the Saratoga Creek area, not just to get to Blue
Hills, but for the older children to get to Miller and to
Lynnbroo~,to use the Ascenslon..Parish, and 6o use Keven Moran
Park. Mrs. Callon indicated they had been informed there was
bus service for the children;.however, this is just once a
day, and there is no bus service at all for summer school;
nor is there any bus service for HanSon~School; nor is there
any bus service-.after school for students~who go back for
sports, etc~ IShe ihdicated from the residents' point of view,
the other choices for reaching these Roints is riskier.
Mrs. Callon commented_that it ~ould seem to her if the.City
p s RP stop sig S~r~gC~p.~ople to 'stop, look and listen,
~ n
you may wai~~ the utility that is the social benefit to be
I~d~'FV~'fF6~' the situation~ against the gravity of the risk
that is implied. She indicated from. their point of view,
after 10 years in the area, there has not been an accident,
and they believe the utility of having the pathway there forz
the children outweighs the risk that might be assumed from
the use of the pathway.
She mentioned a point which was made in the paper today, that
being that there isn't very much use of the pathway. She
indicated she would like to point out the fact that the counts
which were taken were taken after 8:30 in the morning, whereas
Blue Hills School and the elementary schools begin at 8:30 A.M.
Also, Miller and Lynbrook Schools begin at 8:00 A.M.; therefQ!~
people would be crossing earlier than the counts were taken¥l-
Secondly, there were no counts taken after 3:45 P.M., and
Mrs. Callon indicated this is the time for all the extra
curricular activities.
She further pointed out the fact that people using the path-
way are those who are most familiar with it, and she would
think this would somewhat control the risk.
Councilman Kraus asked how many people Mrs. Callon would
estimate use the walkway on a daily basis.
Mrs. Callon replied she would estimate up to 100 crossings
per day.
Councilman Matteoni inquired what has happened to the home~wners'
investigation in terms of ~he City deeding this walkway to
the homeowners'
group.
~h~.~a~ndonment is not acceptable to the homeo~j-n~'f~ ~h~
fSrl'O~ing reasons: Since the right-of-way was originally
dedicated for right-of-way. purposes, it is abandoned and
must be split and given back to the property owners on either
side, and neither of the property owners are in a position to
assume that liability. He recalled the conversation at the
- 16-
Abandonment of Walkway - FrederickSburg Dr. (Cont'd.)
previous City Council Meeting on thiS.~ subject when it was
suggested this might be a vehicle whereby the property owners
could deed this strip to the homeowners association. However,
he has fSund that the homeowners association as such is not
really a viable organization, and since they are not a legal
entity, do not have a right to own property.
Mr. Landberg indicated he.would like to speak to the matter of
commitment. Approximatel~ 10 years ago, he sat in the sales
office on Fredericksburg Drive talking to a salesman about
purchasing.their home, and the track map clearly showed a
label where the new Blue Hills School was going to be b~ilt,
and it was pointed out the children would be able to walk
through this passageway to get to school. This was a recorded
map, and the improvements'had been built and 'inspected under
the supervision of the City of Saratoga. Therefore, he feels
this was a commitment at that time on the part of the City
that this was going to be a public right-of-way. Mr. Landberg
indicated it sounds like ~he improvements that are being
asked for by S.P~ are quite reasonable, and it sounds like the
big stumbling block is enforcement. He again pointed out the
fact that there'have been no accidents on this crossing --
he has actually seen the train stop and the engineer scold
the kids for playing too close to the railroad tracks. He
commented that he sees no viable alternative than to proceed
in obtaining the necessary right-of-way from P.G.E. and S.P.
and providing the improvements. He urged that the Council ..
abandon its idea to abandon this pedestrian walkway.
C~ac~Callon,~I2598 Fredericksburg Drive, commented that he
would like to remind everyone that this is not an active'
railroad, and if it wereh't for the fact that S.P. would
lose its right-of-way, they wouldn't run any trains down it
at all -- there is one train a day thatj~goes up-at 6:30 A.M.
and returns at 7:30 P.M.
Councilman Kraus pointed out the fact t~at it is inactive
is not as important as the. fact that it has b~en brought to
the Council's attention, and now the City'sliability must
be considered.
Dan.Floyd, resident on Fredericksburg Drive, indicatedhe
has two children -- one goesto Blue Hills, the other to
Miller -- who use this walkway to and from school. He
indicated the alternative would force the kids to go up Cox
around Highway 9 or to go~down the creek, either of which
are more dangerous than keeping this section open. He felt~
the only'option the Council would have, if the. Council dogs
not vote to keep this 'easement open, is to put improvements
either along the creek or down Highway 9 to protect the
children.
Bruce Poppenhagan, 12487 Fred~ri~cksbu~rg Drive, {n~ui_~red~w_~hy
tracks run along Stelling,~ngu~rd'~d~fle a"~f~way-~.
on Fredericksburg. has to be'~l~'~d~
Mayor Bridges explained that out on the street, there is'a
situation where a sign can be put up and eliminate S.P.'s
liability. What they are asking the City to do is to not
only put up a sign~ but to.guarantee the enforcement of the
sign.
- 17 -
Abandonment of Walkway - Fredericksburg Dr. (Cont' d. )
Donna Poppenhagen addressed the Council, stating that there
is ~lso a sign at the endof Cox Avenue, as well as several
other places, that says: "All motorized'vehicles prohibited"
along the railroad tracks, which sign is never enforced.
She would think this would present a great safety hazard to
kids, and is also bringing undesirable .characters into the
neighborhood, and this sign has not been enforced.
~ar~ck,. 12335 Fredericksburg Drive, inquired if the i~sue in this matter is $3,000.
Mayor Bridges replied that the issue, as he sees it, is the
potential liability that the City has as a public entity by
creating this nuisance.
Mr. Harn~ck asked if he was correct in his understanding that
there ha~ never been an accident on this crossing.
Mayor Bridges replied this is true as far as he knows.
Mr. Harn~ck indicated that' this concerns him in that there
are 80 t~ 90 houses back there that are forced to become an
island a~ soon as the.City cuts off this throughway, plus
another 40 which are going up along the highway. He indicated
the children in these houses will not be faced with'the
theoretical liability -- they will be faced with a very
dangerous liability, with the only avenue of gettin~ to
Miller and/or Blue Hills School being very dangerous through-
ways. tt~ sta.ted tha~, admite~ly, the City, of Saratoga will
not be liable if one of t!Ye'ir childrengetThit on Cox Avenue;
however,~in his ~stimatio~, the City Couh~iI ~ill be responsible
for this because there is no other avenue for them to walk but
Blue HillS, once this approach is cut off. They are traveling
2 to 3 times as far,zand in a heavy traffic area.
Mr. Har~ck he bought ~his~ house for the following reasons:
1) It was within walking distance to the school;-2).it
provides a large open area where the children can play.
Mr~ Harn~ck commented that the homeowners on Fredericksburg
would be~very hurt in their'family lives, and their children
would be subject to real jeopardy if this is closed. He
indicated there are no pa~k areas here, and ~he children-con-
gregate there and have a good time. ~herefore, he would urge
that the Council not close off this..
The City Attorney clarified the fact that the Resolutionof
Intention, if adopted this evening, would set a'public hearing
for consideration of abandonment of this walkway.
Mayor Bridges explained that if the Councii abandons the ease-
ment, half of it would revert back to the property owner~ and
it will become his liability.
Mr. Harn~ck indicated that if the City of Saratoga can't stand
up to this legal .liability after 10 years because of the
financial implications-associated with it, he as an individual
can't standup to it. ~
Councilman'Matteoni explai.ned this is one of the reasons the
Council asked Mr.~to explore the possibility Of the
City deeding it, in~t~d of reverting it, to the homeowners
association so there could be some generalized ~aintenance by
the people who use it.
Abandonment of Walkway - Fredericksburg Dr. (Cont d. )
Mr. Landberg corfanented that it was his understanding the
problem was the fact that the City had provided a legal
right-of-way through this walkway, which then invited the
public to use it, but it dead-ended on private property,
which happened to be that of P.G.&E.'~an.d the railroad.
Therefore,.~by virtue of the existing ~ight-of-way, you were
inviting people to use an area which was. not a right-of-way.
Further,. he understands tMe City has insurance coverage to
protect them from legal liability in legal rights-of-way;
therefore, he asked: "Wouldn't that problme be solved by
obtaining the rest of this right-of-way from the railroad and
P.G.&E. so there is a legal right~of-way all the way across?"
That would then fall under the coverage of the City'S policy
the same as any street or. sidewalk would.'
The City Manager indicated the big problem/he has is guaranteeing
in written form to S.P. enforcement of this stop sign, when he
knows the City cannot do this.
Mr. Landberg indicated the same sort of occasional surveillance
can be accomplished in the same way as it ison the streets at
stop signs.
Councilman Matteoni commented he believes the problem is not
in writing a letter to S.P.~ but entering into an agreement
to provide enforcement.
The questionlwas asked if it would be p6ssible for the City
to go back to the insurance company and inquire what
additional l~ability for ~his walkway would cost, and then
set up a special taxing district for the people in this area.
Councilman Matteoni indicated he would be interested in
· obtaining the additional liability costs for exposure in this
regard.
It was then moved by Councilwoman Corr and seconded' b~--
Councilman Matteoni the public hearing be closed. The motion
was carried; the public hearing was closed at 11:40 P.M.
Councilman Mat.teoni~en.~?the EouD~!il defer any ac_!t~o~
on this matter format leas~'B0~days'~7~d~di~ect the Ci~M~r~_~e~'f'oI
communicate with South'~Pacffi~'~l~an~to e~f~'g ~
into negotiations for an agreement~..~n=~,he City and S.P.,
and this agreement be considered at a fu't~'r~ meeting of t~e
Council. Councilwoman Corr seconded the motion, and'it was
carried unanimously.
Recess and reconvene
VII. ADMINISTRATIVE MATTERS
A. MAYOR
.1. Library Commission VaCancy .
The date of Tuesday, January 31~773'O~-~..~7~.,.was~scbeduled -~.
for interviewing the ~i~v~ee applicant s"~F~'~f{~It~ th~cy_ '~' '~
B. COUNCIL AND COMMISSION REPORTS
1. Report from Parks and Recreation Commission (~Re: Request
for Continuation of Sobey Meadows Court Easement Abandon-
ment Request -=Noted and filed.
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C. DEPARTMENT HEADS AND OFFICERS
1. Councilman-KrauS suggested the Coun~x~ress its '
' appreciation via the City Manager~Fg,~'~k~'~'~intenance
crews in their efforts 'to curb fi~g~'i~'~p~B!iems over the
weekend. The City Manager indicated he would send a
memo of appreciation.
VIII. COMMUNICATIONS
WRITTEN
1. Roy M. Rushton. President,. Cupertino Sanitary District,
Re: public relations between the City of Saratoga and
Cupertino Sanitary District. Noted and filed.
2. ~lliam D. Boggs, Con-eq Ltd., with a letter to the
Department of Public Works, requesting abandonment of
slope easement - Lot 55, Tract 3439, Sarahills Unit No. 2.
It was moved by Councilman Matteoni, seconded by Council-
woman Corr this matter be set for public hearing on
Februray 15, 1978. The motion was carried unanimously.
3. Richard M. McGowen, Attorney representing Wayne Leposavic,
requesting a transcript of all matters pertaining to the
application of his 'client. - This letter was referred to
the City Attorney for consideration.
4..Edwin A. Kennedy, 2D520 Leonard Road, thanking the City
Manager for his courtesy whenvising the Saratoga City
Offices. - Noted a~d filed.
5. Craig Kerr,,t Canvassing Director, Santa Clara Valley
Coalition, requesting exemption from the 5:00 P.M. dead-
line on daily canvassing..
It was moved by Councilman Kraus.and seconded by Council-
woman Corr the Council not divert from its existing policy
in extending'the 5:00 P.M. deadline for solicitation. The
motion was carried unanimously.
6. Supervisor Rod Diridon, County of Santa Clara,. with letter.
of appreciation Re: the "Great American Smokeout". - Noted
and filed.
B. ORAL
C. ACKNOWLEDGEMENT OF PUBLIC GROUP REPRESENTATIVES
The Mayor recognized the presence of the following public
group representatives:
Eunice Stark, Good Government Group
Virginia Laden, Saratoga Planning Commission
Gladys Armstrong, League of Women Voters
Gene Zambetti, Saratoga Planning~Eommission
IX. ADJOURNMENT
It was moved by Councilman Matteoni, seconded by Councilman Kraus
the meeting be adjourned. The motion was carried; the meeting
was adjourned at 12:30 A.M. ~~
e e itted,
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