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HomeMy WebLinkAbout06-03-1970 City Council Minutes SARATOGA CITY~ COUNCIL MINUTES' TIME: JUNE 3, 1970 - 7:30.P.M. PLACE: SARATOGA CITY COUNCIL CHAMBERS, 137771 FRUITVALE AVENUE, SARATOGA, CALIFORNIA TYPE: REGULAR MEETING I. ORGANIZATION Aj ROLL CALL Mayor Robbins called the meeting Co order at 7:32 P.M. and allCouncilmen were present. l~)welcomed Mr. Marvin'Steinberg, PrinCipal and four students from his sixth grade class at Saratoga School. B. MINUTES Moved by Mr. Smith, seconded by Mr. Sanders, that the minutes be approved with the following correhtions: Page 3, Paragraph 8, last line should end following Norton Road. Last Paragraph, first line, after time limit insert "and substitute trenching for boring"~ Page 7, Item 3 should read "Mr. Sanders reported . . ." Carried and §o ordered. Page 9, Item VII.A. 3, Line 3 should read Mayor Robbins directed the staff to investigate the use of TOPICS funds". II., BIDS & CONTRACTS A. CITY HALL CONTRACT Mr. D~yer reported that the Management Committee recommended that the City Hall addition constru'ction be accepted as of February 18, subject to payment! of thirty days liquidated damages by contractor to the City to compensate City Hall City for installation of glass in accord with Change Order #2; for refinishing Addition of the Planning Department ceiling an~ for final touch-up required to give the building a finished appearance. The Management Committee also recommended that the City Clerk be authorized to file a Notice of Completion on this project ahd that the 35 day lien period begi~ as of the date of filing the Notice of Completion. Moved by Mr. Dwyer for adoption 6f the Management Committee report seconded by Mr. Sanders. Carried and so ordered. B. RECREATION DEPARTMENT CONTRACT Mr. Dwyer reported that the Management Committee had reviewed the request -of the Los Gatos-Saratoga Districts Recreation Department for'revision of the insurance provision of the depar. tment's contract with the City .and for Rec. extension of that coHtract for a three year period in lieu of the one year Dept. period now in effect. Contract It was the recommendation of the comm{ttee that the Mayor be authorized to execute the agreement which provides for the City to insure its Councilmen, Officers and Employees against any claims arising because of bodily injury or property damage resulting from the'Recreation Department's extension of the program in accord with the agreement. The proposed agreement also runs for a three year term commencing ~January 1, 1970 which will give adequate time for evaluation of the utilization of the program by Saratogans outside the Saratoga School District. Moved by Mr. Dwyer for adoption of the Management Committee report dated May 29, 1970; seconded by Mr. Sandersi j .. ., \ Mr.,James Nadgle was present and adre~sed the Council on the matter of the Recreation Department Contract. He wondered whether the recommendation of the Management Committee had taken into consideration his request for extension of the Recreation Department Playground supervision program to SARATOGA CITY COUNCIL MINUT~CONTINLrED v JUNE 3, 1970 Saratoga Schools outside the Saratoga' School District. He also wondered whether the contract provided opportuhity in the near future for revision of the Contract and consideration of changes in representation, advisory boards, increases in benefits and schedule of services rendered by the Recreation Department. Rec.' Dept. Mr. Dwyer replied that the Playground Supervision Program was a subject that Contract could be discussed further. This conjtract does not limit the City to any maximum level of.lservice with the 'Recreation Department. Mr. Sanders added that the Committee felt that Bluehills, and Hansen schools Would be~be~efi~by the playground program developed by Cupertino School District. Mr. Naugle'~i~gg~S~ions for an advisory committee are long range suggestions which the com~iteee will continu& to study. Following this discussion, Mr. Dwyer's motion carried unanimously. C. LYNGSO LANDSCAPE MAINTENANCE AGREEMENT Mr. Huff stated that the Council had 'authorized the Mayor to execute an ~reement with Mr. Lyngso in regard to the landscaping and maintenance of his Manor Drive frontage. Mr. Lyngso, instead of entering the agreement, chose to go ahead and landscape the frontage at considerable expense to himself. However, he.has not entered into the maintenance agreement and therefore the problem is whether the City Council feels that his installation of the landscapingis an indication of his intent to maintain the a~ea. Mayor Robbins stated that' Mr. Lyngso ~as done extensive landscaping along the fence. He estimated the cost to be. over $1,000.00. He had installed a water system'which would indicate an intent to maintain the landscaping. Mayor Robbins felt that this was sufficient indication of intent but stated Mr. Lyngso had not Lyngso signed an agreement on the advi~e of his lawyer. Mr. Robbins would be agreeable Landscape to leaving Mr. Lyngso out of the main!tenance district on the strength of the work Maint. he has accomplished. Agreement Mr. Smith wondered about the City's position of successors in ownership did not maintain this landscaping. Mr. Huff replied that the C~ty had a certain amount of leverage in that any further developmeBt~ Will require site! approval. At that time the Planning Commission could cohditi0n the develo'per to enter into a maintenance agreement with the City if this were deemed appropriate. It would be ~ifficu~t to exclude Mr. '~Lyngso from the Manor Drive Park Maintenance District and then try to include. him,. but the City could form a new district, including only the Lyngso.pr~perty which would maintain the Manor Drive frontage of that proper~y~ Mr. Huff pointed out that the Lyngso ~frontage is not part of the land in the maintenance district. The only way we can have the landscaping maintained in the maintenance district is to form ~ new district. Mr. Sanders felt we should tell Mr. Lyngso we will re-draw the maintenance ~district to include his property if h~e will not enter into an agreement with the City. Mayo~ Robbins directed the staff to contact Mr. Lyngso to discuss the alterna- tives with him and attempt to work out a suitable agreement with him and includ- ing the suggestions of the Council. III. PETITIONS, ORDINANCES AND FORMAL RESOLUTIONS A. RESOLUTION NO. 518 - CONTINUED FROM 5-20-70 - ORDERING FORMATION OF MANOR DRIVE Resn. PARK MAINTENANCE DISTRICT No. 518 Manor Dr. -2~ ~' SARATOGA CITY COUNCIL MINUSCONTINUED JUNE 3, 1970 Resn. Mayor Robbins ordered this Resolutio~ continued to June 17, 1970 to No. 518 work out the solution to the Lyngso problem B. RESOLUTION N0. 539 - ADOPTING ALTERNATE PROCEDURE FOR LEVYING AND COLLECTING ASSESSMENTS ON AD VALOREM BASIS. Resn. No. 539 Mr. Huff reported that this is a routine resolution required to be adopted Procedure each year in regard to financing the'street lighting districts. to levying collect. Moved by Mr. Smith for adoption of Resolution No. 539, seconded by Mr. Dwyer; Assmts. carried and so ordered. IV.' SUBDIVISIONS, BUILDING SITES & ZONING REQUESTS A. C-106 - M.V.S~ - SARATOGA AVENUE - R~QUEST FOR EXTENSION BY CAL-WEST COMMUNITIES, INC. Mr. Huff reported that this applicat{on was originally filed by Mr. Abrams and C-106. conditional zoning was extended through this year to July 5. It appears that M.V.S. Dr. ~brams has sold the property to Cal-West Communities and they have processed, Extension through the Planning Commission, a request for a further extension to permit them time to prepare plans and get t~e project under way. Mr. Walker reported that the situation here~is th'at Dr. Abrams has an approval 'to build approximately'140 apartments on the ten acres that are conditionally zoned and he must be-substantially ujder construction by July 5. He has re- ceived Design Review Approval for these plans and conditional site approval. Cal West Communities have purchased the properties under contract and they intend to develop the property in a ~imilar manner, however, in order to finalize their plans and complete th~ purchase they request this one year extension. It is their intention to~be under construction, with this old plan, or possibly a new plan, by September of this year. Cal-West Communities are aware of these-conditions. Mr. A1 Dossa, Attorney, stated that he'represented Cal-West Communities at the meeting and stated they had no con~nent to make other than to urge the Counc'il to grant this extension. Mr. Smith stated that' this issue had been discussed before and the only new factor were the conditions themselves. He referred particularly to Condition #3 which further recommends that no three story buildings were to be permitted in this development. Mr. Smith agreed with the reasoning but felt it was an unusual condition at this time. Mr. Walker replied that this had been a point of contention with Dr. Abrams development. Originally, Dr. Abrams,had proposed several ~hree story buildings and there was a g~eat deal of opposition by the surrounding property owners. Eventually Dr. Abrams revised his plans to show all one or two story buildings. This condition was included to emphasize t~e fact that the Planning Commission, under design review, would like very~much to see 'bdiidi~gs=!li'm{~d t~'~e and~ -~'~or~iS~uqtures. The develope~, agreed to this'e~ndition. Thes~ are 'to be condominiUms rather than rental units. They will submit a master plan that covers the entire 17 acres with the full understanding that they must come in for ~change of zoning application for the 7 acres that are not now zoned and take their chances in that regard. The reason for the master plan for the entire property is because the secondary_ access does go through the 7 acre area and it is ln~d~s~ry ~g s'ho~7"~'~f"c~ul~ ~a~p~n to this 7 acres assuming these apartments are developed '6n~' [he now zo~lh' ten ~cres. The 7 acres is master planned R-M on our General Plan. Mr. Walker stated that there was a problem in timing. Under their Projects Agreement, they are committed, if they do not ge~ the ex- tention, to be under construction by July 5, 1970. As a matter of information, Mr. Shook pointed out that the Department of Public Works has already expended some considerable review time on the plans for the -3- SARATOGA CITY COUNCIL MINUTOCONTINUED JUNE 3, 1970i~' street work, interior street work, etc., on the plans presented by Dr. Abrams. If they discard these and .start again, the department will be out time and money on that particular review. Mr. Shook felt there should be some way to recoup this amount as a condition of approval. .He estimated the amount to be between $300 and $400. If they come up with a new plan there will be another fee. He added that the City did not collect a deposit. The City Attorney referred touche qriginal request for extension and the conditions stated therein. He s~ated that the Planning CommiSsion has re~ commended that the extension be granted but that the applicant be permitted to change the plan, which actually changes the conditions. This cannot be done without the consent of the applicant - the applicant must approve the change in the conditions. : Mr. Dossa, attorney for the applicant~ affirmed that he represented the ~ · applicant and agreed to the change in the conditions. Moved by Mr. Smith that the recommendation of the Planning Commission and the staff be accepted and that the extension be granted subject to the re- vised conditions which were orally accepted by Mr. Dossa at this meeting. Seconded by Mr. Dwyer; .carried and so ordered. B.' TRACT 4663 -CLAUDE T. LINDSAY - REQUEST FOR CONSTRUCTION ACCEPTANCE Tract Mr. Huff reported that the Department of Public Works recommends that the 4663 improvements in this tract have been &ompleted and that they be accepted for Constr. construction only. Acc. Moved by Mr. Dwyer, and seconded by Mr. Sanders for acceptance of the im- provements for Tract 4663; carried a~d so ordered. A. HEARING ON AMENDED ASSESSMENT VERDE VISTA IMPROVEMENT PROJECT Mayor Robbins opened the Public Hearing at 8:25 P.M. Mr. Huff reported that this was. the time and place set for the Public Hearing. Resn. He stated this was a fairly simple matter of a parcel which was assessed as a ~ No. 540 single unit in the Verde.Vista Assessment District and has since been split Amended into three units. The owner has requested that the assessment be spread among Assessment .these three units.' The Director of PUblic Works has prepared an engineer's Verde report showing amended assessment tobe split equally among th~ three parcels. Vista The staff recommended that this be done and that Resolution No. 540 confirming · this action be adopted, subject to a ~200.00 fee which Mr. Orlando wili deliver on June 4, 1970. No one in the audience wished '~o ~dress the Council on this matter. Moved by Mr. Smith, seconded by Mr. Dwyer to close the Public Hearing. Public Hearing closed at 8:27 P.M. Moved by Mr. Smith, seconded by Mr. Dwyer for adoption of Resolution No. 540. Carried unanimously. VI. ADMINISTRATIVE MATTERS A. MAYOR 1. Park Bond Election Mayor Robbins reported that he was sorry theTPark Bond Election did not pass Park with the required two thirds majority. However, he was gratified that it' Bond did get a majority and particularly gratified with the large percentage of Election voters within the city (72% of the registered voters). He suggested that the Council do some' serious thinking about the ramifications and implications of the particula~ vote. It will be necessary to analyze the vote, precinct -4-' ~' ~C SARATOGA CITY COUNCIL MINUT ONTINUED JUNE 3, 1970 by precinct and decide~what can be done as far as City resources a~e concerned. The City Council will be appointing a Parks COmmissioner to fillD the seat vacated by Councilman Bridges and a decision as to which park will be named after Kevin M6ran will also be madel 2. A League of California Cities re~ort dated May 28 with regard to City of Carmel's expenses in,connection with the Disclosure of Assets litigation was referred without objection tO the Management Committee. 3. Mayor Robbins reminded the Council of the ICC meeting on June 4 in!,~ / Los Altos. ~'~ 4. A notice of a meeting of the Northern California Regional Meeting on Air Pollution to be held June 27 was 'referred to the Public Welfare Committee for appropriate action. B. FINANCE 1. Payment of Claims Moved by Mr. Sanders for approval of disbursements as printed and that the Mayor be authorized to sign the Warrants, seconded by Mr. Dwyer; carried and so ordered. ~ C. COUNCIL COMMITTEES & COMMISSION REPORTS Mr. Sanders presented a summary of TPC transit proposals in his capacity as.a representative to the Transportation Policy C~mmittee and referred to a meeting to be held on June 10 to act on the proposals. Council agreed with the recommendations.for financing contained in the report. D. DEPARTMENT HEADS & OFFICERS 1. SDR-851 - 1 Lot on Saratoga Creek Drive - Osterland Enterprises SDR-851 This was a non-agendized item for one lot in l~e an'~_ rsubd~v~s~on. This is the last undeveloped lot in the area. All the conditions have be'en Moved by Mr. Sanders, seconded. by~Mr. Bridges for approval of SDR-851~ Carried and so ordered. - ~ ' 2. The ~andyman Shop - Cassabonne Mr. Walker sta'ted that this is a cor~nercial establishment of Mr. Cassabonne on Big Basin Way which is a mini-bike and handyman shop. He has been through design review to remodel the building and was required to put in .a par~ing area behind the existing. building. In o~der to insure this re- A-338 quirement, we required at $=500.00:Performance Bond. The adjacent property Cassabonne owners were going to share the cost of improving the whole parking area behind this building and the other buildings. However, to date they hlave not done so. Mr. Cassabonne did go ahead and pave the parking area. The City has indicated to him that as a result of the Council Committee meeting he'would be required to get site approval because the paving exceeds 500 square feet. However, he would like to have the Performance Bond released so he can pay the contractor. He will apply for site approval shortly. Mr. Walker requested referral to the appropriate committee to consider the bond release and to discuss the problem of site approval with Mr. Cassabonne. Without objection, referred to Planning Committee 3. Croft Complaint - Miljevich Property 5 SARATOGX CITY COUNCIL MINUS CONTINUED JUNE 3, 1970 Mr. Walker reported that the Planning Department had investigated this property again and are going to meet with Mr. Croft to see if heagrees with the action t~ken or if he has any further objections. The problem Croft of the sewage has been corrected'and they are working to rectify the Complaint drainage of the septic tank which was poor and there was some leakage on the property. The junk and debris is being eliminated by Mr. Mitjevich and is really not a problem. As.f~r as we can determine the dumping that Mr. Croft alludes to is the branches from the fruit trees and one large oak tree which fell down. These have all been cut up into firewood and is being stacked, binned and sold. There is no garbage,~being dumped on the property. The land has been graded. The trailer is occupied by a care- taker. Mr. Miljevich has just acquired the property. With regard to the dilapidated building, there is evidence of people occupying this and the City has.contacted the Sheriff's Department. Hansenls garage is being cleaned up gradually. 4. Letter from Mr. Pearson concerning the Arcadia Palms Subdivision Mr. Walker reported that there are old cans and debris and buildings Pearso~ that were being slowly vandalized. The City has been in touch with Gary Complaint Hartman and he has assured us that the property will be cleaned up very " shortly. 5. The City Attorney reported with ~egard to the quarry situation that we Cocciardi had obtained a temporary restraining order which the owners are honoring. Quawry Judge Foley has taken this under submission and has not yet rendered his decision. 6. Construction Acceptance - Tract 4~73 ~ Brown & Kauffmann Tr. 4573 This was a non-agendized item for one of the Brown & Kauffmann tracts on Constr. Cox Avenue. They have completed the deficiencies with the exception of Acc. planting trees. Since the land has not been sold this would be inappropriate. Therefore, we required and received a bond. Mr. Shook recommended that the Council accept the improvements for construction only in Tract 4573. Moved by Mr. Smith, seconded by Mr. Sanders; carried and so' ordered. /" 7. One Site on Allendale - Kahle Mr. Kahle has agreed to depositing funds for having the work completed. However, he had requested a conditioned approval that would release a SDR- savings account. Mr'. Shook recorm-nended that the Council authorized re- Kahle lease of that bond at such timeI as $2,500.00 is deposited with the City to complete .the owners obligation on the improvements. The estimate is very definitely in order and invo.lveS improvements along Allendale Avenue. Moved by Mr. Sanders, that the~p~_~[~n of the bond posted by Mr. Kahle to guarantee, underground improvementsbe released provided that the re- maining $2500.of the bond be paid to the City in cash. Seconded by Mr. Dwyer; carried and so ordered. / ~ 8. Mr. Shook reported' that the Public Works Department has been making a Lighting ~ r~ study on.the lighting of our"main thoroughfares. In line with this S6Udy study we will have to make a decision as to what type of lighting we would like to have. The Holophan~ Co. is having.a lighting showing at the Los Gatos Lodge from 11-7 on June 4 for anyone who is interested in seeing the standards they have available. E. CITY MANAGER 1. Mr. Huff presented Dep.artment Priority Reports for the Building, Planning, and Public Works Departments for the information of the Council. SARATOGA CITY COUNCIL MINUTES CONTINUED JUNE 3, 1970 2. 1970-71 Preliminary Budget 70-71 Mr. Huff presented the 1970-71 preliminary budget and reported that Budget Management Committee has reviewed this budget proposal. It is submitted to the Council for review prior to the special budget review meeting. The Council scheduled the special meeting Thursday, June 18, at 7:30 P.M. Mayor Robbins directed the staff to arrange that members of the press be supplied with copies of the preliminary budget. VII. COMMUNICATIONS A. WRITTEN 1. Letter from Louis De Give, resident of 19774 Colby Court concerning the Drop-in proposed drop-in center. Mayor directed City staff to make up a file in Center this connection. 2. Letter from Brown & Kauffmann referred to Staff. Levin 3. Letter from~'Mrs. Jack Levin, 13789 Ravenwood Drive concerning the re- Street surfacing of the street - referred to Director of Public Works. Resurfacing Mr. Shook reported that the City had received numerous calls in addition to this one. They hlave reviewed:the program to ascertain whether we might increase~ decrease or modify' the ingredients of the program so that we might minimize the things we have received complaints about. The staff is considering street sweeping, particularly where we have curb and gutter. In cities that do have street sweeping programs on a regular basis this problem does not appear. This w6uld increase the cost of the work but it may be money well spent to minimize t~e}problem to the citizens. Mayor RobBins asked that the Council be kept informed on results of the study and policy proposals based on these results. 4. Letter from HoUsing Authority of Santa Clara County indicating that they Housing would like to expand their program in Saratoga. Authority Without objection, referred to the Public Welfare Committee. 5. Letter from Mrs. Frances Roberrs, resident of the Count~ writing to protest ~Roberts the Planning Commission ruling i~ granting a use permit for a nursery Re school on Austin Way. The City Attorney a~vised that in order to file an Nursery appeal it is necessary that a person be either a resident or property School owner within the City. Staff directed to advise Mrs. Roberts that her protest has been noted. Water 6. Notification from Santa Clara County Flood Control and Water District Commission that Councilman Bridges has been appointed as a Commissioner. 1. Mrs. Ruth Owen, Victor Place, addressed the Council r~garding the use of Argonaut Shopping Center as a used car lot. She noted last Sunday ithere were ten cars for sale, and wondered whether the City had any authority Argonaut to handle this problem. Used Car ~ Mr. Walker reported that the staff is aware of this problem and had Sales rectified it somewhat during the week. They have approached the owner but he is most reluctant to cooperate so it will be necessary to ~nlist the support of the City Attorney. It may be necessary to create a tow- away zone. SARATOGA CITY COUNCIL MINUTES CONTINUED JUNE 3, 1970 2. Art Graffe, 12121 Sarahills Drive, President, Blue Hills Homeowners Association asked about the City,s stand with regard to the drop-in Center. Drop~i~h.~ Mr. Robbins replied that the Church of the Ascension would have to Center apply ~o the Planning Commission for a use permit. At this time there would be public hearings. He noted that use permits can be appealed before the City Council. This ~tem has not yet been brought before the City on an official basis. 3. Mr. Lincoln, 12228 Miller Avenue, asked about the situation with regard Lincoln to his sidewalk. Mr. Sanders and Mr. Dwyer had both been to look at the Sidewalk site and will discuss t~is situation further with him 4. Norman d~nico, Chateau Drive, asked about the status of his request about city financing of the Argonaut Area improvements if underground Argonaut utilities were not included. Improvement Mr. Robbins stated that the City!had made a cost estimate for a number of improvements including, !sewerS, gutters and underground utilities. This information had been presented to Mr. d'Amico's group on a cost sharing basis and also been referred to Public Welfare Committee. Th~ Committee has not had an opportunity to complete its study of cooperative financing without underground dtilities. 5. Mr. Townsend, a resident of Myren, addressed the Council with regard to an accident during which 30 feet of his hedge was destroyed. He stated that an officer had arrived to investigate, but did not file a report until four days later. Mr. Huff stated that a report has now been filed and the Sheriff's de- partment has the area under surveillance. In addition, the Cigy is studying the possibility of additional signing in the area. Mayor Robbins directed the staff to follow up ~r. Townsends complaint with the possibility of additional silgning in the are~. Mayor Robbins directed the staff to follow up Mr. Townsends complaint with the Sheriff. VIII. ADJOURNMENT Mayor Robbinsa~c, knowledged the presence of Admiral Crisp, Planning Commissioner, Mr. Steinberg ~nd his 6th Grade Class, Ruth Owen, Good Government Group' Woody Frampton, Good Lovernment Group; Mrs. Sll~de, League of~Wo~en Voters; A~t Graffee, Blue Hills Homeowners Association; James Naugle, Prides Crossing Homeowners. The Meeting adjourned at 9:50 P.M. Respectfully submitted -8-