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HomeMy WebLinkAbout02-04-1970 City Council Minutes SARATOCA CiTY COUNCIL MINUTES TIME: WEDNESDAY, FEBRUARY 4, 1970 - 7:30 P.M. PLACE: SARATOCA CITY COUNCIL(}La-MB~RS, 13777 FRUITVALE AVENUE, SARATOGA, CALIFOPa~IA TYPE: REGULAR MEETING I. ORGANIZATION - The meeting was cal~ed to order at 7:33 P.M. and all Councilmen were present. B. MINUTBS ' - Moved by Mr. Dwyer, seconded by Mr. Smith that the minutes of January 21 be approved as mailed with the following corrections and that the reading be waived. Page 4, Item 4, Paragraph 3 - strike last sentence. On Page 4 referring to Los Gatos-Saratoga Symphony, 3rd sentence should end at 1970-71. Carried and so ordered. II. BEDS & CONTRACTS - NONE III. PETITIONS, ORDINANCES & FORMAL RESOLUTIONS A. RESOLUTION NO. 479-1 - Authorizing Granting of Easement for Under- ground electrical appurtenances - Civic Center RESLN. 479-1 Mr. Huff'reported that this is the formal grant of easement to EASEMENT FOR p.G. & E. for underground utilities at the Civic Center. Moved by UNDERGROUND Mr. Smith, seconded by Mr. Dwyer for adoption of Resolution No. 479-1. ELECTRICAL EQUIP. B. RESOLUTION NO. 36-B-117 - Resolution Accepting Dedication of Streets and Authorizing Release of Bond in Tract 4406. RESLN. 36-B-117Mr. Huff reported that this resolutio~.pertained to the area on TRACT 4406 Allendale opposite the Junior College. Moved by Mr. Sanders, seconded by Mr. Robbins for adoption of Resolution No. 36-B-117. Carried and so ordered. RESLN. C. RESOLUTION NO. 36-B-118 - Resolution Accepting Dedication of Streets 36-B-118 and Authorizing Release of Bond in Tract 4300. TRACT 4300 D. RESOLUTION NO. 36-B-119 - Resoluti6n Accepting Dedication of Streets RESLN. and Authorizing Release. of ~ond in Tract 4301. 36-B-119 TRACT 4301 Moved by Mr. Smith, seconded by Mr. Dwyer for Adoption of Resolution Nos. 36-B-118 and 36-B-119. Carried and so ordered. APPROVING E. Approving Polling Places and Election Officers for April 14, 1970. POLLING PLACES & ELECTION Mr. Huff reported that this would be a minute resolution approving OFFICERS. the Notice of Election which designated polling places, precinct consolidations and election officers. Moved by Mr. Robbins that we approve the polling places, precinct consolidations and election officers as listed in the Notice of Election. Seconded by Mr. Dwyer. Carried and so ordered. RESLN. F. RESOLUTION 36-B-120 - Resolution Accepting Dedication of Streets 36-B-120 and Authorizing Release of Bond in Tract 3101. TRACT 3101 This was a non-agendized item. Mr. Smith reported that the Public Welfare Committee had met with the Public Works Director, the City Manager, Mr. Faso of the George Day organization and Jim Hatper the engineer for George Day Co. He stated there had been many deficiencies in the past, however the Day Co. had made a bonafide effort to correct these deficiencies at considerable expense to them. The City had communicated with George Day Company last year and stated that if the area was brought back up to standard by the time the rains came acceptance would follow. Included with their repair work was some major repair on Reid Lane, which has been accomplished. The remaining Reid Lane pavement has experienced considerable cracking since its repair last spring. There are two theories as to how this condition developed - one being fair wear and tear ors two, that there may be underground water which may originate in the hills to the west of Reid Lane. It was therefore the recommendation of the Public Welfare Committee that Resolution 36-B-120 be adopted accepting streets of Tract 3101 and releasing the bond and that the Director of Public Works be directed to study the Reid Lane problem to determine its cause and to recommend a solution. · CITY CO~NCILMIbIUTES FEBRUARY'4, 1970 IV. SUBDIVISIONS, BUILDING SITES & ZONING RFaUESTS A. SDR-831 - RALPH ANDERSON - 2 LOTS - Continuation of Request for Reconsideration of Conditions. SDR-831 Mr,' Robbins reported that the Planning Committee has met with RALPH ANDERSON the applicant and his neighbors, discussed the problem with the City staff and the Subdivision Committee of the Planning Commission and visited the site. He pointed out that this was a difficult problem because it involved a conflict between two desirable aims: first. to ,maintain a consistent policy regards ing standards of roads required of,suhdividers~ and seaond to preserve specimen trees. In this particular case has asked for building site approval for two lots'and. the, P~anning Connission has specified that he must provide a 26 foot' wide road which will require removal of four major peppe~=~e~S~ It was the Planning Co-~teess recommendation that t~e Council uphold the P~anning Commission conditions requiring a publie street 26 £eet wide~ constructed to preserve the trees on the Isouth side. They did reconm~nd that curb and gutter not be specified by the Director of Public ~orks provided that each property owner grants an easement for flow of surface water from the street onto his property. The primary considerations leading to the Planning Co-~{ttee decisions are listed in a report dated February 3~ 1970which was read by Hr. Robbins. FIr. Ralph Anderson addressed the Council. Re was very much concerned about the aspect of privacy which was the main reason he had bought property in that particular area. Re still wanted to have a private road and it was his under- standing that everyone that is served by this road wants to maintain it as a private access street even if a 26 foot wide road is required. The proFerry owners are willing to pay the cost of maintaining this road privately. In response to a question from Mayor T~ler as to the advantage of having a private street Mr. Anderson replied that one advantage was that they were able to park their trailers there despite the ctty*s ordinance prohibiting parking of trailers in the required front yard. The City Attorney pointed out that the Ordinance did apply to parking trailers in required front yards but was not applicable to parking within private street rights o~ ways. l~r. Anderson stated that the condition would make their driveway shorter and reduce its property value. Mr. Neil Cabrinds a resident of-~uito Road, stated he would prefer that the road remain as it Howard Bennion, who lives in the home west of Mr. Anderson, stated that they had purchased their property ten years ago primarily for the privacy it afforded. He stated he did not mind the 26 foot requirement except' that their house was located at a minimum set back and It will put the house closer to the street. He added that he was not willing to deed additional property to the City. Mr. Anderson explained that all the individuals who own property in the right-of~wayhave a desire for it to remain a private street. He would be faced with a difficult legal problem if required to acquire the right-ef-way and then dedicate it to the City. In addition~ when he obtained site approval for his existing house it was based on leaving the trees in. Mr. Anderson also quoted from the Subdivision Ordinance regarding inequality of economic burden. He stated that his main concerns with regard to making this a public street were the time delay and additional cost for him to purchase the right-of-way as well as the feelings of the people in the area. The consensus of the Council was to require a 26 ft. wide street and to continue the matter to the next regular meeting to consider the public vs. private street issue. ~ithout objection the matter was continued to the next regular meeting and was referred to the Planning Committee. - 2 - ~ CITY COUNCIL MINUTES ~-" ' FEBRUARY .4~ 1970 . .. B. SDR-532 J. PON - Acceptance Of Improvements and Release of BOnd. SDR-532 Moved by Mr. Smith~ seconded by Mr, Robbins for acceptance of improve, J.J. PON m~nts and release of bond On SDRo532, Carried and so ordered. SDR- 732 - FRANKLIN HOMES ~r. H~ff stated that Mr, i~anklin,Or the Jada Development Compafiy~ was required to ~rovide a ipartial ~econveyance for the area dedicated to FLood Control so that Flood ContrOl would have an unenc~-,hered title to that property. Prior to gra~ti~ of the flood control property, Fir. Franklin gave an offer of dedica~ion for a p'edestrian pathway easement along the creek, The assumption was that =he pedestrian pathway was within Flood Control property but the ends extend outside the FLood Control area, Therefore~ Mr. Franklin has requested that the City abandon the entire pedestrian pathway easement instead of only the portion within ~he Flood Control property, It was Mr, Huff*s reco-,-endation tha~ the City abandon the entire easement provided Mr, Franklin agrees to: L) construct the portions of the pathway on Flood Control property at the Fourth Street end and the upstream end of the creek frontage of the develop- ment, (2) Provides confirmation from his surety that the obligation for the construction involved is acceptable ro the bonding company and will be covered by the existing bond for improvements being constructed in accord with the site approval agreement or posts , and assigned savings account sufficient to guarantee this pathway construction; (3) Agrees to grant the City a new pedestrian pathway easement upon completion of permanent financial arrangements and prior to issuance of certificates of occupancy for the last twelve units of the dovelopment. Mr. Huff stated that this procedure had been checked with tha City Attorney and involved three ResoLutions: RESE~N.SDR-732-2 L, ResoLution No. SDR-732-2 o Resolution of the City Council of the City of Saratoga Accepting Offer of Dedication of Easement for Pathway. RESLN. SDR-732-3 2, Resolution No, SDR-732-3 - Resolution of the City ~ounctl of the City of Saratoga Abandoning that portion of the Basement for Pathway Located within the Flood Control Property. RESLN. SDR-732-3 3, Resolution No, SDR-732-4 - Resolution of the City Coancil of the City of Saratoga Abandoning Easement for Pathway Located outside the FLood Control Property, Mr. Bert Berns, Attorney representing 3ada Development Co. addressed the Council stating that the Company appreciated the cooperation on the part of the City Council and Mr. Huff~ that they were in agreement with the decision and asked that the matter be proceeded with as soon as possible. Moved by Hr, Smith, seconded by Mr, IYyer for adopttun of ResoLution Nos, SDR-~32-2~ SDR-732-3 and SDR-732-~. Carried and so ordered, D, SDR-833 - CLYDE MARTIN - Final Buildiag Site Approval for One Lot on Surrey Lane SDR-833 Fir, Huff reported that this was a routine building site and all CLYDE MARTIN conditions have been mat and recouunended final site approval for SDR 833-1, Moved by Mr. Robbins, seconded by Mr, Smith for adoption of Resolution SDR 833-.1, Carried and so ordered, V. PUBLIC HEARINGS . A. FREDERICKSBURG DRIVE PARKMAINTENANCE DISTRICT - Continuation of Hearing on Formation of Fredericksburg Drive Park Ma/ntenance District. Public Hearing Opened at 8:50 P,M. FREDERICKSBURG Mr, Huff reported that this matter had been continued from a DRIVE PARK previous meeting ~o give the residents time to study the proposal MAINTENANCE and forman Association to deal with the problems raised. They have DISTRICT formed a Homeowners Association and thereis a'letter on file recommending formation of the district contingent upon ~he following ' CITY COUNCIL MINUTES FEBRUARY 4, 1970 1. That the City accept the recommendations of the Association regarding landscape design and materials to be used. 2. That the Association be permitted to enter into agreement with the City to perform the installation and maintenance of the landscaping for the City on a contract basis. 3. That the liability of the homeowners owning property within the district be limited to maintenance of the landscaped area. Mr. Robbins reported that the Planning Comm~ tree approved the participation of Saratoga Creek Homeowners Association and favored an arrangement whereby the Homeowners Association could maintain the landscaping. However, the Co-H.~f~tee felt strongly that the City must retain the final decision on matters affecting the district. Mr. Philip Assaf, of Wilson, Jones, Morton & Lynch, attorney for the ~City in the district formation procedure confirmed that the City cannot obligate itself to accept Association recommendations. He stated that the City can listen to recornm~ndations but cannot be bound by them, The City can cooperate with the Homeowners Association but ultimate control has to be with the City. The City Attorney will have to rule on whether the Association can enter into a contract with the City. Mr. Walter W. Costclio, President of the Saratoga Creek Homeowners Association, wished to thank the City Council and EAr. Huff on behalf of their Association for their cooperation. They understand and are in agreement with the proceedings so far. Hr. Costello pointed out that the other homeowners associations in the area are very interested in following how this evolves and this may be a solution to m,ny of the maintenance problems in the area. Kenneth Wilton stated that his only concern was that he had written two letters'to the Coupcil asking that his property not be included in the formation of the district. He was not opposing formation of the district but wondered whether his letter has been received. Mr. Huff advised that Mr. Wilton*s letters were not in the file and had evidently not been received. Mr. Costello stated that they had done a feasibility study with regard to the sprinkler systems and complete planting as originally proposed and had arrived at a cost of $2.80 per resident par year. Mr. Assaf pointed out once more that this is a maintenance district which is under the jurisdiction of the City Council. The Homeowners Association can act as an advisory co-~ttee and the council can accept their recommendations but there is nothing binding on the Council to do so. If there is a disagreement then it is the City who will make the decision because the City is the governing body. In the event the Homeo~ners Association does not maintain these plantinge in a condition acceptable to the City, then the City has the authority to have it dons. This will be an item in the City Budget each year. The City Attorney pointed out that there may be a problem in contracting with an Association such as this unless they have a spacial.contrac=l~ license, He will check this out. He stated that the purpose of creating the district is to create a vehicle by which funds can be raised. Mr. Jim Naugle, Vice-President, Prides Crossing Homeowners Association, stated that they had heard this proposal and were very interested in following the proceedings. As described it appeared to have application for other Ho~eowners Associations within the City to provide local control of the maintenance of landscaped areas. He asked to be kept informed as to the legal aspects of the district formation. Hoved by Mr. Sanders, seconded by Hr. Robbins to close the Public Hearing. Carried and so ordered. Public Hearing closed at 9:10 P.H. .Without objection, the matter was continued to the next regular meeting to permit Mr. Assaf to redraft the resolution in accord with the Planning Commlttee recom,~ndation~. - 4 - ? CITY COUNCIL MINUTES FEBRUARY 4, 1970 B. MANOR DRIVE PARK MAINTENANCE DISTRICT - Continuation of Hearing on Formation of Manor Drive Park Maintenance District. MANOR DRIVE FIr. Huff stated that we had received a petition this evening from PARK residents of the Manor Drive area opposing formation of the proposed MAINTENANCE maintenance district. DISTRICT Mr. Stanley Freedman addressed the Council in this connection. He stated that this basically is a protest against this area being assessed as a maintenance district. There is at present a median which has been improved. On the right side entering Manor Drive there is a large cu-~.ercial development which deals in building materials. This is right along Saratoga-Sunnyvale Road, and gets more public usage even though it is a cul-de-sac and the homeowners feel they should not be assessed the additional cost in maintaining this area and are protesting setting up of the maintenance d istrict. They feel the landscaping costs should be borne by the City rather than the residents. There are only five homes which border the landscaping. The other aspect which was considered was the fact that the center median was developed by the developers before the homes were built and this was deeded to the City. Re wondered whether the City accepted maintenance as part of the dedication and whether they were bound to maintain it. Frank Shork felt that the real issue is whether the City is responsible and the question was one of legality and whether residents were responsible to maintain park areas. Re stated that the residents would like a 60 day extension. Another resident stated it was their impression that the developer had worked with the city to landscape the median to city standards, the City approved it, accepted it formally and made a commitment to maintain it. Mr. Martin, President of Prides Crossing Hom~owners Association stated they are maintaining median strips and have areas along Prospect which are 8 feet wide and do not front on any yards. These were all landscaped and accepted by the City and the homeowners association have the obligation of maintaining these. Mr. Nangle stated that on occasion they have seen where costs are a great deal more when the City has established a district than if a homeowners association bears the cost on a voluntary basis. Public Hearing closed at 8:15 P.M. Without objection, continued to April 15 at 8:00 P.M. C. SD-830 - GEORGE DAY CONSTRUCTION COMPANY - Continuation of Hearing on Appeal from Planning Conmission Denial of Tentative Map for 15 Lot Subdivision at Big Basin Way and Tollgate. SD-83 Mr. E. Panelli, representing George Day Company, stated that the GEORGE DAY Company wished to withdraw its appeal. CONSTRUCTION COMPANY Moved by Mr. Sanders, seconded by Mr. Robbins that the Council accept the withdrawal of George Day Company*s appeal from Planning Commission denial of tentative map approval of SD-830. Carried and so ordered. VI. ADMINISTRATIVE MATTERS A o MAYOR I.C.C. MEETING 1. Mayor Tyler reminded the Council of the I.C.C. meeting ou February 5. 2. The Mayor called for an Executive Session to follow' this meeting in order to consider the purchase of property. CHAIRMAN - PARKS 3. The Mayor announced that Mrs. Katherine Dully has accepted BOND DRIVE the Chairmanship of the Parks Bond Drive. -5 - CITY COUNCiL MINUTES FEBRUARY 4, 1970 B. FINANCE A. Payment of Claims Moved by Mr. Sanders, seconded by Mr. ~obbins for acceptance of Disbursements dated February 4, 1970 totalling $43,109.47 and that the Mayor be authorized to sign the warrants. Carried and so ordered. B. Revised December Treasurers Report - Noted and filed. Mr. Dwyer expressed his appreciation for the revised copy of the December 31, 1969 Treasurer's Report. C. COUNCIL COMMITTEES & COMMISSION REPORTS 1. Fruitvale Median Landscaping ARBOR DAY Mr. Sanders reported that Saratoga Beautiful had proposed and Arbor Day effort involving the planting of eight oak trees in the Fruitvale median between Saratoga Avenue and the civic center and about three trees in the median of Saratoga-Sunnyvale Road between the Village and Walnut Avenue. The Planning Committee commended the continuing activity and recommended that the City participate to the extent of providing up to 11 trees and paying up to $700. to insure watering the trees in the Fruitvale median during the first three years of growth. Moved by Mr. Robbins, seconded by Mr. Smith for approval of Management Committee report dated February 3, 1970. Carried and so ordered. 2. Cluster Development Ordinance CLUSTER ZONING Mr. Robbins reported that the Planning Committee had been HILLSIDE asked by the Council to consider the possibility of DEVELOPMENT applying cluster zoning to hillside developments. They have studied the possibility of using either the existing Planned Unit Development or the Planned Community (cluster) to hillside use and have concluded that neither are sufficiently well adapted to the purpose of hillside development. Accordingly, he recommended that a new ordinance be developed which would be designed especially for hillside development. The Planning proposed to have the staff study this and make recommendations. The Planning Committee and the Planning Comm{ssion will be involved and public hearings will be necessary. Mr. Walker stated that it would take two or three months to develop the preliminary standards. Mr. Smith suggested that the Committee refer to the County study which will be completed in about a year. Moved by Mr. Dwyer, seconded by Mr. Robbins that staff be directed to initiate a study of such an ordinance. Carried and so ordered. 3. Central Area Study CENTRAL AREA STUDY Mr. Robbins reported that the Planning Committee recommends that the Council authorize Royston, Hanamoto, Beck and Abey to proceed with steps one and two of the Central Area Study as outlined in the proposal submitted by Eldon Beck at a cost up to $3,300.00. This includes a study of various uses in the central area back of the I.O.O.F. Home behind West Valley College, and south of the Civic Center to determine which open space and recreational uses could be employed here. Moved by Mr. Smith, seconded by Mr. Robbins for adoption of the Planning Committee Report dated February 3, 1970. Carried and so ordered. - 6 - CITY~vuRClLMINUTES.. FEBRUARY 4, 1970 4. Parke Buud Election PARKS BOND Mr. Robbins reported that at the Parks &Recreation ~omm{ss~on ELECTION meeting the bond issue had been discussed. There was some. discussion as to use of city funds in that the City can pay for descriptive' educational material. It was moved by Mr. Robbins that we authorize Eldon Beck not to exceed $300.00 for prelaration of a display map for educational purposes in connection with the bond election campaign. Seconded by Nr. Smith. Carried and so ordered, D, DEPARII~ENTHEADS & OFFICERS P & R I, Hr, Higby called the attention of the Council to the special meeting COMMISSION of the Parks.and Recreation Commission which will take place on Monday SPECIAL evening, February 9 at 7:30 P.M. The Agenda will deal entirely with MEETING the Parks Bond Election. Mr. Beck, the Parks Consultant and Mr. Hengertys the Public Relations Chairman, will attend. 2. CITYMANAGER AUTOS 1. Mr. Huff recommended that the City sell the 1968 Plymouths one for $1~352.00 and one for $1~205.00 as a result of the bidding. Seven bids were received. Advertisements were carried in the Saratoga News, the San Jose Mercury-News and the Los Gatos Times Observer. Moved by Mr. Sanders. Seconded by Mr. Robbins. Carried and so ordered. PONY LEAGUE 2. The City had received an inquiry from the Pony League on the USE OF CONGRESS possibility of developing a field on ~he Congress Springs Park SPRINGS PARK Site. Without objection, referred to the Parks & Recreation SITE. C~,,~ssion · VII. COFR4UNICATIONS A. Written PARKAVE. h Letter from Frank Isidor~ 15041 Park Drive,~ Lawrence DRAINAGE Pughno, 15083 Park Drive and Robert Warrods, 15079 Park PROBLEM Drive bringing to the Council*s attention the storm drainage problem existing on Park Drive, Mr. Shook reported that the Department of Public Works had been working on this, They were attempting to obtain proposals for solving the problem, Without objection, referred to staff for study and recommendation, DRUG ABUSE 2, Letter from Sheriff Prelsnik forwarding copy of a letter PROGRAM received from Mary Steinberg, Principal of Saratoga School with regard to the drug abuse program. POLLUTION 3, Letter from the City of San Plateo supporting action to abate the pollution of the environment by Jet Aircraft, FOUNDERS DAY 4. Letter from the Founders Day Counlttee of the P,T.A, PROGRA}I wiring the Councilmen to attend a Founders Day Program at 7:30 P,M, February 19 at the Saratoga High School Cafetoriam, PROSPECT ROAD 5, Letter from Parish Council of the Saratoga Church of STRIPIN~ Ascension regarding Prospect Road striping. This is now under consideration by the Public Welfare Committee. STOP LIGHT 6. Petition from members of Church of the Ascension with MIIJ~R & regard to a stop light at Miller & Prospect Avenues. PROSPECT This is currently under design by the Public gorks Department. M. KAHL 7. Letter from Manfred Kahl asking for a time extension for TIME EXTENSION making street improvements on Allendale Avenue until October, 1970. Moved by Mr. Robbins, seconded by Mr. Sanders that a time extension be granted to August 1. Carried and so ordered. . - 7- CITY COUNCIL MINUTES FEBRUARY 6, 1970 .PIERCE RD. 8. Complaint from ,Via Regina Homeowner's Association about the cond.~tion SE~4ER of Pierce Road due to sewer construction. i CONSTRUCTION Mr. Shook stated that the contractor has tried to-keep the road under repair but this has been difficult due to the weather. The Public l'~orks Inspector is going to meet with the contractor and attempt to get a schedule df completion and final clean-up. The Public Works Director was instructed to infor~ Bernard Borow~ Chairman, Via' ' Regina Homeowners Association of the outcome of this meeting. B. Oral CENTRAL 1', /~r~ Naugle. stated .that he had received a copy of a letter regarding FIRE the-Ceht'ral Fire District annexation hearing before LAPCO today.- DISTRICT He had spoken to a member of the County Board on this and felt the matter required'more research. He asked to be kept informed of negotiations and noted that his home ~ddress is 12072 Ingrid Court. He would like advance notice of meetings in this connection. EMERGENCY 2. In response to a complaint from Nr. Naugle, with regard to being NUMBER able to contact the Sheriff is Department, Hr. Dwyer stated that the Council had endorsed the proposal for a 911 Emergency Number and this is currently under study. Mr. ~Dwye~ as~,ed for more communication between the City and the '' as ..augle has had in VIII.ADJOURNlENT Hayor Tyler acknowledged the presence of Flannin~ Conmaissioner Smith~ Dorothy Parker] Joe Cowan.dr-~',G.& E, ; Florence Slater; Jim Naugle, Norman ~lartin~ Prides Crossing Homeowners Association; and Hal Shaffer of the Los Ga~os Times Observer. The meeting adjourned at 11:05 ~o Executive Session, ACQUISITION Upon conclusion of the Executive Session the Council reconvened HIL~EVICH and voted to authorize acquisition of the l~[ljevich property~ PROPERTY 2,65 acres at Cox and Saratoga-Sunnyvale Rd., at a total price of $65,000, with 30% down, the balance payable within one year and 7% annual interest on the unpaid balance. RESL~N 522 Next the Council adopted Resolution No, 522 authorizing transfer AUTH. TRANSFER of $40,000, from unallocated General Fund Reserve to the Land OF FUNDS Acquisition and Improvement Fund, The meeting adjourned at 11:25 P,N, Respectfully submitted, ']R. Huff JRH:r