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HomeMy WebLinkAbout03-18-1970 City Council Minutes CITY COUNCIL MINYTES TIME: WEDNESDAY, ~RCH 18, 1970 - 7:30 P.M. PLACE: SARATOGA CITY COUNCIL CHAMBERS, 13777 FRUITVALE AVENUE, SARATOGA, CALIFORNIA TYPE: REGULAR MEETING I. ORGANIZATION A. ROLL CALL ~ The meeting was called to order at 7:30 P.M. Present: Councilmen Robbins, Sanders, Smith Tyler. Councilman .Dwyer arrived at 8:30 P.M.) B. MINU~ES - Moved by Mr. Robbins, seconded by Mr. Smith that the minutes of March 4 be approved as distributed with the following correction. Page 7, Item VII. A.1, Paragraph 2, 3rd line should read: "however, in November, 1968 we did require the shrubbery to be trimmed ..... " Carried and so ordered. II. BIDS & ~ONTRACTS - None III. PETITIONS, ORDINANCES & FORMAL RESOLUTIONS ~ A. ORDINANCE NO. 48 - Ordinance Calling Special Bond Election for Neighborhood Park Facilities on June 2, 1970 ORD. 48 This is the time for the second reading and adoption of the Ordinance. CALLING Moved by Mr. Smith for adoption of Ordinance No. 48; seconded by Mr. PARK BOND Robbins; carried and so ordered. ELECTION B. TAX RATE STATEMENT - Approval of Tax Rate Statement in Connection with $880,000 Neighborhood Park Facilities Bond Issue to be Submitted at Special Municipal Bond Election - 6/2/70. pAtlK BOND This matter was referred to the Management Committee at the last TAX RATE Council meeting. Their final 'co~nputations, based on multiple STAT~ENT assumptions were reviewed by Mr. Fowler of Orrick, Herrington, Rowley and Sutcliffe, the bond attorney. Mr.Fowler's conclusions were substantially the same as those of the Management Committee, · and tke Comnittee recommended that the Council adopt the tax rate statement indicating that amortization of the park bonds would require a 10¢ tax rate in the first year after issuance of the bonds and a maximum tax rate of 10¢. The Committee pointed out that the average tax ra~e required would be about 7¢. Moved by Mr. Smith, seconded by Mr. Sanders to adopt the Tax Rate Statement and to include it in the sample ballot. Carried and so ordered. C. RESOLUTION NO. 527 - Resolution Authorizing Execution of Agreement with the California Department Of Finance for Population Estimate. RESN. 527 This is the routine re-estimate of our population. Figures from POPULATION the Federal Census Bureau will not be available until December. ESTIMATE Additional money we receive should far out-weigh cost of estimate. Moved by Mr. Robbins, seconded by Mr. Smith for adoption of Resolution 527. Carried and so ordered. D. RESOLUTION 471-1 - Resolution Amending Resolution No. 471 to Reflect Current Prevailing Wage Scales RESN. 471-1 This resolution ~s a requirement for the annual updating of the pro- PREVAILING railing wage scale. The County collects information from the union WAGE headquarters for each craft or trade. Moved by Mr. Smith for adoption of Resolution 471-1; seconded by Mr. Robbins. Carried and so ordered. CITY COUNCIL MINUTES ~RCH 18, 1970 E. RESOLUTION NO. 440-1.1 - U.G.U. NO. 2-A - Resolution to Extend Time Limits to September 1, 1970 and September 30, 1970 F. RESOLUTION NO. 477-1.1 - U.G.A. NO. 2-B - Resolution to Extend Time Limits to September 1, 1970 and September 30, 1970 RESN. 440-1.1 These resolutions are based on a letter from gee Cowan, Manager, UGU 2-A Los Gates office, P.G. & E. outlining a r/w problem encountered TIME EXTENSION in undergrounding the utilities on Verde Vista Lane, Two alternatives are available to the City: (1) Permit erection of a new pole within the Verde Vista r/w on Boyce Lane or (2) acqnire the required easement for PiG, & E. Mr. Huff recommended that the City grant a six month extension to P.G. & E. by adoption of Resolutions.440-1,1 and 477-1.1 and that the City take immediate steps to acquire the required ease- ments, Mo~ed by Mr, Sanders, seconded by Mr. Smith for adoption of Resolutions 440-1..1 and 477-1.1; carried and so ordered. Without objection, the Mayor directed the staff to negotiate for. this small easement and, if ~egotiation fails to use Right of Eminent Domain. RESLN. MV-23 G. RESOLUTION NO. MV-23 - Resolution Prohibiting Parking or Stopping at PARKING - any Time Along the Northeasterly Side of Fifth Street from Big Basin BIG BASIN WAY Way to the End. This is a non-agendized item which was brought to the attention of staff by residents of the apartments on Oak Street, the garages of which are served from 5th St. It was pointed out that the scavenger company had trouble getting in and out because of pa~king on both sides of the street, The Public Works Department has studied this and declared it a congested area. Moved by Mr. Smith, seconded by Mr. Sanders for adoption of Resolution No, MV-23. Carried and so ordered. IV. SUBDIVISIONS, BUILDING SITES & ZONING REQUESTS A. RESOLUTION NO. SDR-816-1 - Resolution of the City Council Approving Building Site of Roy Kosich RESLN. This was a non-agendized item. There was a report from the Planning SDR-816-1 Director showing that all conditions have been met. Mr. Huff ROY KOSICH recommended site approval for two sites on Radoyka. Moved by Mr. Smith, seconded by Mr. Robbins for adoption of Resolution No. SDR-816-1. Carried and so ordered. V.= PUBLIC HEARINGS - 8:00 P.M. ORD. A. ORDINANCE NS-3.24 - Hearing on Proposed Amendment to Zoning Ordinance NS-3.24 Adding Definitions Eliminating Multi-Family uses from "P-N' Zones and Adding Provisions re "P-C" Zones. Mr. Robbins reported that this matter had been referred back to the Planning Commission because of its impact.on rezoning the Village area to "C-V'. Initially, it was intended to delete apartments as permitted uses in "P-A" Zoning Districts, The Planning Commission now agrees that apartments should be a conditional use in the "P-A" district. The Planning Committee recommended that the City Council adopt NS-3.24 revised to conform with the Planning Commission reccrnmendations. They further recommended that the Caldwell property be deleted from the area on Big Basin Way which is to be re-zoned visitor commercial. Mr. Robbins felt it would be worthwhile to ask Planning Commission to review the ordinance before adopting ~ny guidelines for development of apartments as conditional uses in the "P-~' zoning districts. The City Manager reported no additional correspondence on this matter. Mayor Tyler opened the Public Hearing at 8:05 P.M. There being no comments from the audience, the'Public Hearing was closed for the evening at 8:06 P.M, Moved by Mr. Sanders for re-introduction o ~-3.~4 deleting conditions ] ? ~nH ~. seconded bv Mr. Smith, Carri~ '~ ~: ordered. Without CITY COUNCIL MINUTES MARCH 18, 1970 objection, referred to the Planning Committee for review with the Planning Commission and report back at the next regular meeting. Hearing continued to April 1, 1970 at 8:00 P.M. B. ORDINANCE NS-3-ZC~49 - Hearing on C-124 - Proposed Change of Zoning from "P-A" (Professional-Administrative) to "C-V" (Visitor-Coxm~ercial) for Properties Fronting on Both Sides of Big Basin Way in Vicinity of Sixth Street. C-124 Mr. Huff reported that in accord with the Planning Committee and ORD. Planni.ng Commission recommendation the ordinance would have to NS-3-ZC-49 be re-introduced to change the boundaries and delete the Caldwell property from re-zoning. He noted that the map was sl~ htly in error. There was no additional correspondence on this matter. Public Hearing opened at 8:10 P.M. Mr. James Naugle addressed the Council. He stated that he had heard many of the comments on the Caldwell property over the past meetings, however, he felt that spot zoning of this type did not appear to be desirable from a long-range point of view. He felt that if possible another solution would be more advantageous to the long range develop- ment of the City. The City Attorney pointed out that since we are only lessening and not changing the regulations of the parcel, it is not necessary to re- introduce the ordinance. Mayor Tyler stated that the Planning Commission and the Planning Committee have gone over and over this item with the staff and this is the solution they recommend. What Mrs. Caldwell has on this property is very desirable and the Council does not Wish to make it illegal or non-conforming which is why this action is being taken. Moved by Mr. Smith, seconded by. Mr. Sanders to close the Public Hearing. Public Hearing closed at 8:15 P-.M. Moved by Mr. Robbins for adoption of Ordinance NS~3-9'~7-49 as modified, eliminating Mrs. Caldwell's property. Seconded by Mr. Smith; carried and so ordered. VI. ADMINISTRATIVE MATTERS A. MAYOR Without objection, the Mayor called for.an Executive Meeting following this regular meeting to consider personnel for the Architectural Advisory Committee. B. FINANCE 1. Payment of Claims Moved by Mr. Robbins, seconded by Mr. Smith to approve disbursements " as listed totalling $32,851.10 and that the Mayor be authorized to sign the warrants. Carried and so ordered. 2. City Clerk's Financial Report - noted and ~ led. 3. Treasurer's Report - noted and filed. C. COUNCIL CO~DIITTEES AND CO~DIISSION REPORTS 1. Petition Concerning Ham Radio Tower - ~evilla Lane SEVILLA LANE At its regular meeting of March 9, 1970, the Planning Commission HAM RADIO received a petition signed by 46 residents protesting the in- ANTENNA stallation of a Ham Radio Tower at the rear of the residence of Philip G. Garrahan, 20568 Sevilla Lane. A Building Permit was issued for said tower on March 9, 1970 since the proposed con- struction complied with the requirements of the Building Code and Zoning Ordinance re height and setbacks. - 3 - ~rfY COUNUiL ~XNui~S - ~ ~RCI{ 18, 1970 Mr. Kershner and Mrs. Zimmerman were heard by the Commission. After consideration it was the consensus of the Commission that they had no jurisdiction in this matter since it complied with existing ordinances. Therefore, the matter was referred by the Chairman to the City Council to determine if any action was appropriate by the City of Saratoga. Mr. Huff had discussed this with Mr. Walker who [ecorranended that the general problem of antennas be referred to him for the drafting of an ordinance which would establish standards for construction of that type of antenna. Mr. Huff recommended this also. One additional point that the residents made was that it is a violation of the tract restrictions and Mr. Huff asked that the City Attorney confirm that the City is not empowered to enforce this type of restriction. -."George Zimmerma~, 20546 Seville Lane addressed the Council. Mr. Zimmerman, as spokesman for the 46 petitioners, asked that the City Council declare this tower a nuisance and annoyance. These residents were hoping the City could act for them to save the expense and effort of litigation to enforce this deed restriction since 46 residents agree that it is a nuisance. 'The City Attorney pointed out that first of all the City is not empowered to enforce tract restrictions, if the erection of the tower is not in .violation of the building or zoning ordinances. There is a specific section of the Civil Code under which it can be declared a public nuisance if it is a very serious type of thing. (For Exa~,le, loud -noises or flashing lights), Usually the nuisance would ~:l'~e to affect a large segment of the population. The City Attorney stated he would be pleased to check into this matter further. In a lengthy discussion, residents of the area submitted the following comments with regard to the tower which has a proposed height of 35 feet: "This is going to be a major ham operation which will broadcast to Europe. It causes television interference to sets in the area while it is transmitting sometimes blacking them out for as lopg as 15 minutes. It is a separate structure, set in a large concrete block which he ,began building before he received permission from the City or the Planning Co. mmission. He is transmitting now but is constructing a higher tower. He could pursue his hobby without a tower of this size or magnitude, however, the higher the tower is, the more countries he can bring in and this is what he wants to do, The tower is to be 35 feet in height with a huge set of tie poles. It will detract from the value of the surrounding property. There is an underground ordinance which is why some residents bought in the area. The residents had requested the Planning Commission to review this prior to the issuance of a permit." Mr. Sanders wondered if it was possible that under this nuisance regulation where the~e is almost a universal tune-in to T.V. if the tastes of sound and sight might also be electronically applied in that you do have a right to enjoy this without interference. The City Attorney pointed out that the proper agency to contact would be the FCC who licensed the station and have now stated they have complete control over television broadcasting. Traditionally, ham radio towers ~re restricted by tract restrictions but they are controlled in a different fashion. The only person who could enforce public nuisance regulations would be the District Attorney's office. The City isgiven absolute right to control height of structures. Mayor Tyler stated that if the Council. felt it was desirable to prevent ham radio stations throughout the City it could pass an ordinance to this effect. Mr. Naugle stated that a homeowner in Prides Crossing Estates had gone through litigation in a similar matter. .He wondered if the accessory struch~re ordinance might apply here. It did not permit accessory structures over 12 ft. high to be erected in the rear.yard. Mr. Naugle felt it was time to change ordinances so they did coldly with deed restrictions. - 4- CI%Y COUNCIL ~NUTES ~RCH 18, 1970 Another resident pointed out that she was faced with an immediate problem of having to sell her home valued at$65,000.00. She felt there was little chance of recovering their investment.with the installation of this structure. She pointed out that there were no trees in the development and that the tower will be visible from Saratoga-Sunnyvale Road and throughout the entire develop~- ment. It is approximately five feet beyond the house and the rear yard is no more than 45 feet from the back of the house. Planning Commissioner Lively pointed out that the structure conforms with the Zoning Ordinance which is why the Planning Department could not refuse to issue a permit, even though the residents had requested this. There is no legal wa~ this could be done. The Mayor directed the City Attorney and the City Manager to investigate all of the ordinances and determine whether Mr. Garrahan is indeed complying and whether there are any changes which'could make this illegal. The matter was referred to the Public Welfare Committee in case changes are necessary in the ordinance. The Planning Director was directed to draft a new ordinance containing standards for antenna construction. Mr. Robbins suggested to residents that a letter be sent to the District Attorney stating that'this is a violation of the deed restrictions. Mr. Smith stated that the Public Welfare Cormnittee would act as soon as possible. Mayor ,Tyler directed the City'Manager to send a letter to Mr. Garrahan asking him to hold up construction until the matter is resolved. Mr. Naugle suggested that'the homeowners start litigation proceedings before construction is completed if they want action taken. He volunteered his'. assistance to the City in drafting a new ordix~nce. MAYOR TYLER CALLED FOR A RECESS AT 9:00 P.M. THE MEETING RE-CONVENED AT 9:20 P.M. Park Drive Drainage PARK Mr. Smith reported that the Public Welfare Committee had met with residents DRIVE of the area and the staff has made engiheering studies of the area. The DRAINAGE Committee will be talking to the residents again. There is another alternativ~ for handling water run-off and the committee hopes to have a recomnendation at the next regular meeting. The residents will be kept informed of progress. D. DEPARTi~NT HEADS AND OFFICERS UBC 1. Report from Don Harris recommending adoption of the 1970 Uniform Building Code FEE Fee Schedule, and plumbing and heating schedule and'authorizing the City Attorney SCHEDULE to draw up the resolution adopting the schedules. Without objection, referred to Management Committee. E. CITY ~NAGER BD.OF 1. The Board of Supervisors has set April 15 at 2:00 P.M. as the time for a SUPRS. workshop with the Library Commission on library problems. One of the items LIBRARY to be discussed will be Saratoga's request for library services. WORKSHOP 2. They also adopted a resolution consolidating a special bond election for the JUNE 2 City w~th the June 2 primary. ELECTION AB 98 3. Letter from Earl Crandall acknowledging correspondence on AB 98. YOUTH 4. Letter from Los Gatos Joint Union High School District concerning a possible SERVICE ' establishment of a Youth Service Center. On the surface this appears to be CENTER similar to the drop-in center. Without objection, referred to Public Welfare Committee. 5. Letter from the State Compensation Fund on Fredericksburg Park Drive Maintenance District. TIME 6. Announcement of a Seminar in San Jose on Time Management. Mr. Huff would like ~i~GE~ to send two'staff members and to have Council authorize payment of two $25.00 ~N~ registration fees. Without objection, Mayor Tyler authorized payment of the enrollment fee. - 5 - -: ~RCtI 18, 1970 7. Additional Street Lighting in Quito Lighting District QUITO City Manager reco~m~ended that Council authorize by minute resolution LIGHTING the.installation of an additional 400 watt, Mercury Vapor street light DISTRICT at the intersection of Bucknail and Quito to imp. rove safety couditions at'the intersection. The City of San Jose is also upgrading their light which is on the other side of Quito Road. Mr. Huff had met with the E1 Quito Park P.T.A. on March 10 and the staff has checked with the adjacent property owner who indicated that the family agreed with the proposed location. This would entail adding one light to the Quito Lighting District. Moved ~y Mr. Robbins, to adopt a minute resolution adding one light to the Quito Lighting District, seconded by Mr. Dwyer; carried and so .ordered. VII. CO~MNICATIONS WRITTEN HOUSING NEEDS 1. Letter from American Institute of Planners on meeting the housing needs of all people. LEAGUE OF WOI~N 2. Letter from League of Women Voters requesting permission to use VOTERS - WINE the facilities of Hakone Gardens for a wine tasting party in TASTING AT HAKONE recognition of the. services of legislators. Moved by Mr. Robbins to approve.the request, seconded by Mr. Sanders; carried and so ordered. LIGHTING - 3. Letter from Mrs. Oldenkamp with regard to lighting on San Jose- SAi: jCZZ LOS GATOS~. Los Gatos Road which is currently under study by the Policy S~T~ ~D. Committee. PARKING 4o Letter from George Day Construction indicating that, as a FARWELL result of the restriction in parking in front of the model home AVENUE sales office, the Company has noticed parkinE ..-~ the south side of the street. Mr. Walker checked with the ~'~sidents and recommends: 1) parking on the north side of Fan~ell be permitted; and 2) as muc'h off-street parking as possible be provided in- cluding use of the driveway fronting on Fan~ell Avenue. Moved by Mr. Smith that the reconm~endation of the Planning Director of March 18, 1970 be approved on a trial basis. Seconded by Mr. Sanders; carried and so ordered. BROOKVIEW 5. Letter from Brookview'Homeox~ners Ass6ciation supporting the HOMEOWNERS early clean-up and also commenting on solid waste disposal ASSOCIATION problems. CUPERTINO 6. Letter from Cupertino Sanitary District responding to the SANITARY Mayor's letter regarding maintenance of Pierce Road. As of DISTRICT today, the ~ rst lift of the AC first patch is on all Pierce Road trench except at Mount Eden Road. Unfortunately, there is also a telephone cable going up Pierce Road, at the present time. Mr. Smith suggested coordinating this with the installation' of Cable T.V. 7. Letter inviting City Council to join Eel River Water Council. 8. Notice of Hearing before LAFCO on annexation of Alma to Central Fire District. AB 430 9. Copy of Legislative Bulletin dated March 113 priraarily.to keep posted on Disclosure of Assets legislation. AB 696 With regard to AB 696 (Vacancies of Elective Officers) Mr. Smith stated that he was acquainted with similar situations_in the past with regard to school boards where there must be an election if there is a vacancy. He felt that it would be an important enough subject to be referred to one of the Committees and possibly a position should be taken by this Council. Without objection, referred to the Policy Conmittee. B. ORAL None. - 6 - ..~' N~tRCH 18, 1970 VIII. ADJOURNMENT Mayor Tyler acknowledged the presence of Planning Commissioner Lively, Mrs. Slade from the Leag~e of Women Voters; and Ruth Owen of the Good Government Group, who so generously supplied coffee during the intermission. Moved by Mr. Robbins, seconded by Mro Smith that the me~ting be adjourned to Executive Session. The meeting adjourned at 9:45 P.M, Respectfully submitsted JRH: r